HomeMy WebLinkAboutIDOT Service Agreement - 3.2.2026County Black Hawk
City Waterloo
Project No. NHSX-063-6(96)--3H-07
Iowa DOT
Agreement No. 2025-16-089
Staff Action No.
SERVICE AGREEMENT
This Service Agreement (hereinafter "Agreement") is entered into as of, March 2, 2026
by and between the Iowa Department of Transportation (hereinafter "IDOT") and the city of
Waterloo, Iowa (hereinafter "CITY"); and
WHEREAS, IDOT has installed a storm water pump station (hereinafter "Pump
Station") for a groundwater suppression system along U.S. 63 at the northeast corner of the
railroad overpass, as shown on Exhibit A, to maintain groundwater levels at or near
preconstruction levels along U.S. 63 in the Dane Street to Newell Street area. The Pump
Station has been installed on CITY right of way (hereinafter "Property"); and
WHEREAS, IDOT and the CITY previously entered into the following agreements for
the above referenced project: Agreement No. 2015-4-115 for preconstruction of the U.S. 63
corridor improvements was executed by the CITY and IDOT on September 19, 2016 and
September 29, 2016 respectively; and Agreement No. 2023-16-082 for additional
improvements along the U.S. 63 corridor was executed by the CITY and IDOT on May 1,
2023 and May 8, 2023 respectively; and
WHEREAS, the CITY and IDOT agree that prior to the CITY transferring Property to a
third party, IDOT will be notified and access agreements will be determined at that time; and
WHEREAS, IDOT has requested the CITY to provide routine inspection services for
the Pump Station, and the parties desire to set forth herein the terms relating to such services
and other services that the CITY may provide from time to time.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree to undertake the Agreement upon the following terms and conditions.
1. Basic City Services. CITY shall, at least once per week, inspect the Pump
Station, which shall include the following specific services: float ball inspection, telemetry radio
alarm operation and inspection, pump performance monitoring, wet well level indicator
operation, and record keeping of pump hours. CITY's services shall be performed by qualified
personnel from its Waste Management Services Department. CITY will report to IDOT any
unusual operations or the status of pending issues.
2025-I6-089 Waterloo
2. Additional Services. CITY shall respond to Pump Station alarms in as timely a
manner as possible, depending upon the circumstances. On an as -needed basis, CITY shall
provide other occasional services as IDOT may request, including but not limited to those
services as are reasonably necessary to ensure proper maintenance and operation of the Pump
Station. Subject to Unavoidable Delays as defined in Paragraph 5. below, CITY personnel shall
be available on a 24-hour, 7-days-per-week, basis to address alarm and emergency situations.
3. Charges. The charge for Basic Services, as defined in Paragraph 1. above, shall be
$135.30 per month for calendar year 2026, which includes applicable sales tax. Effective
January 1 of each calendar year thereafter, the charge for Basic Services shall increase by 2.5%,
without necessity of notice to IDOT. For Additional Services, as defined in Paragraph 2. above,
IDOT will be charged for CITY equipment use at the current rate posted by CITY, or at the rate
incurred by CITY should rental equipment be required, as applicable, and IDOT will be charged
for CITY personnel time at the rate posted by CITY, including the benefit rate and applicable
overtime rate. Posted rates in effect as of the date of this Agreement are attached hereto as
Exhibit B. Other than rates for Basic Services, CITY may adjust any of its rates, at any time,
upon 60 calendar day advance written notice to IDOT. All charges will be billed by the CITY to
IDOT on a periodic basis, typically monthly, and will be due and payable in -full within 30
calendar days of billing.
4. Sewer System. All pumps, valves, sewer lines, piping and force main
(collectively, the "Sewer System") that serve the Property are, to their point of connection with
CITY -owned infrastructure, the sole property of IDOT, whether the Sewer System is located on
the Property, within roadway right of way, or otherwise. CITY shall have no responsibility
under this Agreement to inspect, maintain, or otherwise provide service for the Sewer System or
any of its component elements, and IDOT shall be solely responsible for all work that may be
necessary or advisable in relation to the Sewer System. Upon mutual agreement of the parties,
CITY may provide services for the Sewer System on the same basis and at the same rates as it
provides as Additional Services for the Pump Station.
5. Unavoidable Delays. CITY performance under this Agreement is subject to
"Unavoidable Delays", which for purposes of this Agreement means any act of God, adverse
weather conditions, war, embargo, riots, strikes, unavailability of materials, city facilities in
need of repair and all other acts or omissions, causes or events which are beyond the reasonable
control of CITY.
6. Term and Termination. Subject to the terms hereof, this Agreement shall be
effective as of, March 2, 2026 and shall remain in effect for an initial term of five (5) years,
after which the Agreement will renew for additional terms of two (2) years each unless one
party delivers to the other party a written notice of non -renewal no later than January 1 of the
calendar year immediately preceding the next scheduled renewal date. This Agreement may
also be terminated by either party at any time due to a material breach in performance by the
2025-I6-089 Waterloo
other party, to be effective 60 calendar days after the delivery of a written notice that specifies
the default, if the party alleged to be in default has not cured the default within such 60 calendar
day period.
7. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight courier service, or by United States registered or certified
mail, postage prepaid, to the following addresses:
Iowa Department of Transportation
District 2 Office
428 43rd St SW
Mason City, IA 50401
Waste Management Services
3505 Easton Ave.
Waterloo, IA 50702
Delivery of notice shall be deemed to occur: (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to a courier service
which guarantees next day delivery, or (iii) three (3) business days following the date of deposit
if mailed by United States registered or certified mail, postage prepaid. Either party may change
its address for the giving of notice by delivering notice to the other party as provided herein.
8. Parties. It is the intent of both (all) parties that no third -party beneficiaries be
created by this Agreement.
9. Entities. No new legal or administrative entity is created by this Agreement.
10. Properties. No property will be jointly held as part of this Agreement.
11. Counterparts. This Agreement may be executed in any number of counterparts,
each of which, including signed counterparts transmitted by facsimile or other electronic means,
shall be deemed an original and all of which together shall constitute one and the same
instrument.
12. Entire Agreement; Modification. This Agreement constitutes the entire
Agreement between the parties hereto pertaining to the subject matter hereof and supersedes all
negotiations, preliminary agreements and all prior or contemporaneous discussions and
understanding of the parties. This Agreement may not be modified or amended without the
written consent of both parties.
2025-16-089 Waterloo
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No.
2025-16-089 by their duly authorized representatives as of the date shown opposite its signature
below.
CITY OF WATERLOO:
By
Title: Mayor
I L /
1�o.Vt �ese-r�
Date0. ri , 20 Z.
, certify that I am the Clerk of the City, and that
, who signed said Agreement for and on
kcc
behalf of the City was duly authorized to execute the same on the 2day of
r-L1 ,202L2
Signed:
City Clerk of W r er oo, Iowa
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date , 20_
Nickolas J Humpal, P.E.
District Engineer
District 2
2025-16-089 Waterloo
Exhibit "A"
2025-16 9 wataaoo
2025-16-089 Waterloo
Exhibit "B"
Waste Management Labor Charge Rate
FY22
FY23
FY24
FY25
FY26
FY27
FY28
Wage
Wage
Wage
Wage
Wage
Wage
Wage
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Employee
Sewer Maintenance Worker
$28.99
$29.57
530.46
$31.37
532.31
$33.28
$34 28
WW Operator
$28.94
529.52
$30.46
$31.37
$32.31
533.28
534.28
Lab Technician
$30.41
531.02
531.85
$32.80
$33.79
534.80
535.84
Maintenance Mechanic
531.95
532.91
$33.90
$34.91
$35.96
ICT Tech
530.41
$31.02
$31.95
$32.91
533.90
534.91
535.96
CMOM TECH
530.69
$31.30
532.24
$33.21
$34.20
535.23
$36.29
Average Labor Wage Rate
$29.89
$30.47
531.49
532.43
533.40
$34.40
535.44
Laborer Charge Rate
Wage rate w 65% benefit rate
$49.32
$50.28
$51.95
$53.51
$55.11
$56.76
$58.47
07 rate at 1.5
573.98
$75.42
577.93
580.26
$82.67
585.14
$87.70
Foreman
$33.31
533.98
535.00
536.05
$37.13
538.24
539.39
Foreman Charge Rate
Wage Rate w 65% benefit rate
554.96
556.07
557.75
559.48
$61.26
563.10
$64.99
OT Rate at 1.5
$82.44
$84.11
586.63
$89.22
591.90
594.64
597.49
* Utilizing FEMA formula, the general average for employee benefits is 65%
Equipment Rates
Equipment Type Outside Agency Cost City Cost
Lift Station Truck
Flusher/Combo Truck
City Truck
Combo Truck
TV Truck
410 1D Back Moe
6" Pump With 20' Suction
and 50' Discharge
4" Trask Pump With 20'
Suction and 50' Dissharre
Pnematic Pipe plugs 4"-6"
Pnematic Pipe plugs 6"-10"
Pnematic Pipe plugs 8"-12"
Pnematic Pipe plugs 12"-18
Pnematic Foe plugs 15'.30-
No Comp
No Comp
No Comp
Municpal
Municpal
United Rental
Gierkie-Robinson Co
Gierkie-Robinson Co
Trench Safety
Trench Safety
Trench safety
Trench Safety
Trench Safety
No Comp
5200Hr w/1 operator
No Comp
5250/Hr w/ 2 operators
$275/HP w/2 operators
5375/Day
5280/Day
5107/Day
518.38/Day
544.37/Day
544.37/Day
593.36/Day
5127.51; Day
51800/day/$75 hr
5150 hr Equipment only
558/day/minimum charge
5150/Hr Equipment on y
5175/Hr Equipment only
5375/Day
5280/Day
5107/Day
518.38/Day
544.37/Day
544.37/Day
593.36/Day
$127.51/Day
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