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HomeMy WebLinkAboutIDOT_-_SA_No._2_to_RISE_Agreement_-_5.4.2026Docusign Envelope ID: 5D1B7EDD-4172-823F-8093-2B0752AB15D4 Addendum to Iowa Department of Transportation Agreement 2025-R-005 for a Revitalize Iowa's Sound Economy Program (RISE) Project RECIPIENT: Waterloo PROJECT NO: RM-8155(789)--9D-07 IOWA DOT AGREEMENT NO.: 2025-R-005 ADDENDUM NUMBER: 2025-R-005-2 This is an addendum to the agreement between Waterloo (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 315 (2003), and the application was approved by Transportation Commission Order No. TD-2025-41 on December 10, 2024 and TD-2025-92 on May 13, 2025. Whereas the Recipient and the DOT previously entered into Agreement No. 2025-R-005 for the above referenced project. After the execution of Agreement No. 2025-R-005 it was determined that additional roadway improvements were desired to provide improved access to the Iowa's Certified Site. The Recipient requested that the project description associated with Agreement No. 2025-R-005 be revised to include these additional roadway improvements and additional funds be awarded. The Recipient will commit to completing the entirety of the roadway improvements presented to the Iowa Transportation Commission as associated with Agreement No. 2025-R-005, as shown in Revised Exhibit A attached hereto. Previously executed Agreement No. 2025-R-005 shall remain in effect except as amended herein. Now, therefore, it is agreed as follows: 1. The Recipient requested to amend the eligible project scope for Agreement No. 2025- R-005. The amendment was approved by Transportation Commission Order No. TD-2026-46 on January 13, 2026. 2. The effective date of Agreement No. 2025-R-005 remains December 10, 2024. 3. Exhibit A of Agreement No. 2025-R-005 is stricken and replaced with "Revised Exhibit A" attached hereto and by this reference incorporated into this agreement addendum. 4. Paragraph 3 of Agreement No. 2025-R-005 is stricken and replaced with the following: The Recipient shall be responsible for the development and completion of the following described project: Docusign Envelope ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4 Construction of approximately 2,600 feet of Dakota Drive, 1,700 feet of Wolfe Avenue, 610 feet of North Lane, turn lanes on Dakota Drive, a left -turn lane on Ansborough Avenue and a roundabout at the intersection of Ansborough Avenue with the U.S. 20 eastbound ramps located on the southwest side of town. This project is necessary to provide improved access to South Waterloo Business Park, an Iowa Economic Development Authority certified site of more than 183 acres. The associated economic development is the majority of the designated development area (183 acres in total and shown on Revised Exhibit A) will be developed with RISE eligible land uses. See Revised Exhibit A-2. 5. Paragraph 4 of Agreement No. 2025-R-005 is stricken and replaced with the following: Eligible project costs for the project described in Section 3 of this agreement, listed above, which are incurred after the effective date of this agreement shall be paid as follows: City RISE Funds: $4,495,306 Waterloo Local Contribution: $2,996,870 Project Total: $7,492,176 6. Paragraph 6 of Agreement No. 2025-R-005 is stricken and replaced with the following: The portion of total project costs paid by RISE grant shall not exceed the amount stated above $4,495,306 or 60 percent of the total cost of the eligible items, whichever is the smaller amount. Any cost overruns shall be paid solely by the applicant. 7. This addendum is not assignable without the prior written consent of the DOT. 8. If any part of this addendum is found to be void and unenforceable, the remaining provisions of this addendum shall remain in effect. 9. It is the intent of both parties that no third party beneficiaries be created by this addendum. 10. 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 addendum. 11. This addendum, as well as the unaffected provisions of previously executed Agreement No. 2025-R-005 referenced herein, constitute the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this addendum are not binding, and neither party has relied upon conflicting representations in entering into this addendum. Any change or alteration to the terms of this addendum shall be made in the form of a subsequent addendum. The addendum shall become effective only upon written approval of the DOT and the Recipient. Docusign Envelope ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4 IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2025-R-005-2 as of the date shown opposite its signature below. RECIPIENT: Waterloo Signed by: BY. .5tutt, fit t,StAA.. 393E8397B3D3421_. Title: Ma or Date CERTIFICATION: May 4 2026 I, Kelley Felchle , certify that I am the Clerk of the city, and that (Name of City Clerk) Dave Boesen , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the 4th_ day of May , 2026 ,'Signed by: Signed: J '� fdjtz FF6OBCOFFBC64AB... City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Transportation Development Division 800 Lincoln Way, Ames, Iowa 50010 By: be -bra, Date June 17 , 2026 Debra Arp Grant Team Leader Local Systems Bureau Docusign Envelope ID: 5D1B7EDD-4172-823F-8093-2B0752AB15D4 Revised Exhibit A-2 Project Development Map: