HomeMy WebLinkAboutIowa Department of Transportation-8/9/2010IOWA DEPARTMENT OF TRANSPORTATION
ADDENDUM to
Agreement 2006-16-163 for Primary Highway Improvement Projects
Recipient: Waterloo, Iowa
County: Black Hawk
Project Number: NHSX-63-6(69)--3H-07 (PE)
Agreement Number: 2006-16-163A
Staff Action Number: N/A
This addendum is entered into by and between the city of Waterloo, Iowa (hereinafter referred to as
Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department) in
accordance with Iowa Code Sections 28E.12 and 306A.7 or 307.44.
Witnesseth; that
Whereas, the Recipient in joint cooperation with the Department, proposes to complete
PRELIMINARY ENGINEERING for improvements to a primary highway; and
Whereas, the Recipient and the Department previously entered into the following agreements for the
project:
• 2006-16-163 for preliminary engineering for U.S. 63 from U.S. 218 north to Donald Street
• 02-07-HPPU-017 for Westfield Connection
• 2008-16-181 for construction of U.S. 63/U.S. 218 interchange improvements
• 2008-16-190 for construction from Newell Street north to Donald Street
• 2010-1-139 for right of way acquisition for Newell Street north to Donald Street; and
Whereas, this addendum reflects the current concept of the project; and
Now, therefore, it is agreed as follows:
1. Subsequent to execution of the Agreement 2006-16-163, additional funding was received for
the project. Agreement 2006-16-163 is hereby amended to include the funding source
referenced in Section 2 of this addendum.
2. The Recipient has received Federal funding through the Transportation and Community
System Preservation Program (TCSP) Program, which was reestablished by Section 1117 of
the Safe, Accountable, Flexible, Efficient Transportation Efficiency Act: A Legacy for Users
(SAFETEA-LU), Public Law 109-59, which are hereinafter referred to as TCSP funds.
3. The Recipient shall receive reimbursement for costs of authorized and approved eligible
project activities from TCSP funds (TCSP Project No.081A005). The portion of the project costs
reimbursed with TCSP funds shall be limited to a maximum of either 80 percent of eligible
costs (other than those reimbursed with other Federal funds) or $343,000, or the remaining
amount of TCSP funds available for the U.S. 63 improvements, whichever is Tess.
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4. If any part of this addendum is found to be void and unenforceable then the remaining
provisions of this addendum shall remain in effect.
5. This addendum is not assignable without the prior written consent of the Department.
6. It is the intent of both parties that no third party beneficiaries be created by this addendum.
7. In case of dispute concerning the terms of this addendum, the parties shall submit the matter
to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the
matter to arbitration after ten (1 0) days notice to the other party of their intent to seek
arbitration. The written notice must include a precise statement of the disputed question. The
Department and the Recipient agree to be bound by the decision of the appointed arbitrator.
Neither party may seek any remedy with the State or Federal courts absent exhaustion of the
provisions of this paragraph for arbitration.
8. This addendum shall be executed and delivered in two or more copies, each of which so
executed and delivered shall be deemed to be an original and shall constitute but one and the
same instrument.
9. This addendum, as set forth in the paragraphs above and the referenced exhibits; as well as
the unaffected provisions of previously executed Agreement 2006-16-163, constitutes the
entire agreement between the Department and the Recipient concerning this project.
Representations made before the signing of this agreement are not binding, and neither party
has relied upon conflicting representations in entering into this agreement. Any change or
alteration to the terms of this agreement must be made in the form of an addendum to this
agreement. Said addendum shall become effective only upon written approval of the
Department and Recipient.
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In witness whereof, each of the parties hereto has executed this agreement as of the date shown
opposite its signature below.
City of Wats loo, Iowa:
By:
Title:
Date t��� sA , 20
I, Stryt S , certify that I am the Clerk of the City, and that
5-' E . , who signed said Agreement for and on behalf of the City was duly
authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City,
on the � day of a" `°t4S+--- , 20 0 .
Signed c. _-t,-_,:_-___ -, Date Si— 9 , 20/6___.
City Clerk •f 1A/aterloo, Iowa
Iowa Department of Transportation:
0
By: Date , 20
Vicki Dumdei
District 2 Engineer
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