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HomeMy WebLinkAboutIDOT Service Agreement - 3.2.2026County City Project No. Iowa DOT Agreement No. Staff Action No. SERVICE AGREEMENT Black Hawk Waterloo N H SX-063-6(96)--3H-07 2025-16-089 283 - 2026 04 27 This Service Agreement (hereinafter "Agreement") is entered into as of February 1, 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. 2025-16-089 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 $132.00 per month for calendar year 2025, 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 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 February 1, 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 2025-16-089 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 Depar liiient of Transportation District 2 Office 428 43rd St SW Mason City, IA 50401 Waste Management Services 3505 Easton Avenue 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 Date h Z— , 20 Z .� , certify that I am the Clerk of the City, and that , who signed said Agreement for and on nec behalf of the City was duly authorized to execute the same on the Z day of , 20 2L 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 ihiLl Title: Mayor Signed: City Clerk of W er oo, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: ckol9 Hump I, P.E. istri Engineer District 2 2025-16-089 Waterloo Date April 29 20 26. Exhibit "A" 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 $30.46 $31.37 $32.31 $33.28 $34.28 WW Operator $28.94 $29.52 $30.46 $31.37 $32.31 $33.28 $34.28 Lab Technician $30.41 $31.02 $31.85 $32.80 $33.79 $34.80 $35.84 Maintenance Mechanic $31.95 $32.91 $33.90 $34.91 $35.96 ICT Tech $30.41 $31.02 $31.95 $32.91 $33.90 $34.91 $35.96 CMOM TECH $30.69 $31.30 1 $32.24 $33.21 $34.20 $35.23 $36.29 Average Labor Wage Rate $29.89 $30.47 $31.49 $32.43 $33.40 $34.40 $35.44 Laborer Charge Rate Wage rate w 65% benefit rate $49.32 $50.28 $51.95 $53.51 $55.11 $56.76 $58.47 OT rate at 1.5 $73.98 $75.42 $77.93 $80.26 $82.67 $85.14 $87.70 Foreman $33.31 $33.98 $35.00 $36.05 $37.13 $38.24 $39.39 Foreman Charge Rate Wage Rate w 65% benefit rate $54.96 $56.07 $57.75 $59.48 $61.26 $63.10 $64.99 OT Rate at 1.5 $82.44 $84.11 $86.63 $89.22 $91.90 $94.64 $97.49 * 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 JD Back Hoe 6" Pump With 20' Suction and 50' Discharge 4" Trask Pump With 20' Suction and 50' Dissharge Pnematic Pipe plugs 4"-6" Pnematic Pipe plugs 6"-10" Pnematic Pipe plugs 8"-12" Pnematic Pipe plugs 12"-18' Pnematic Pipe 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 $200Hr wv/1 operator No Comp $250/Hr w/ 2 operators $275/HR w/2 operators $375/Day $280/Day $107/Day $18.38/Day $44.37/Day $44.37/Day $93.36/Day $127.51/Day $1800/day/$75 hr $150 hr Equipment only $58/day/minimum charge $150/Hr Equipment only $175/Hr Equipment only $375/Day $280/Day $107/Day $18.38/Day $44.37/Day $44.37/Day $93.36/Day $127.51/Day 2025-16-089 Waterloo