HomeMy WebLinkAboutIDOT_-_Cooperative_Agreement,_Cont._No._1158_-_6.1.26Docusign Envelope ID: FC03E4DE-304E-838E-81B4-75755378BEB1
November 2025
IOWA DEPARTMENT OF TRANSPORTATION
Cooperative Agreement
For Primary Road Project
County
City
Project No.
Iowa DOT
Agreement No.
Staff Action No.
Black Hawk
Waterloo
NHSN-063-6(105)--2R-07
2026-16-109
This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT", and the city of Waterloo, Iowa, a Local Public Agency, hereinafter designated the
"LPA", in accordance with Iowa Code Chapters 28E.12, 306, 306A and 313.4, as applicable;
The LPA proposes to establish or make improvements to U.S. 63 within Black Hawk County, Iowa; and
The LPA and the DOT are willing to jointly participate in said project, in the manner hereinafter provided;
and
The LPA and the DOT 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
LPA and DOT 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 LPA and DOT on
May 1, 2023 and May 8, 2023 respectively; and
This Agreement reflects the current concept of this project which is subject to modification only by mutual
Agreement between the LPA and the DOT; and
Therefore, it is agreed as follows:
1. Project Information
a. The LPA shall be the lead local governmental agency for carrying out the provisions of this
Agreement.
b. All notices required under this Agreement shall be made in writing to the DOT's and/or the LPA's
contact person. The DOT's contact person shall be the District 2 Engineer, Nickolas Humpal. The
LPA's contact person shall be the City Engineer, Jamie Knutson.
c. The LPA shall be responsible for the development and completion of the following described primary
highway project:
Rebuild the Edwards Pump Station to handle storm water from the groundwater suppression
system and city storm water. See Exhibit A for project location.
d. Upon completion of construction, the LPA agrees to retain ownership and jurisdiction of the following
referenced improvements as identified below. The LPA shall also assume responsibility for all future
maintenance operations associated therewith, all at no additional expense or obligation to the DOT:
i. All incorporated work identified as "City Estimated Cost" as shown on Exhibit B (attached).
2. Project Costs
a. The DOT shall reimburse the LPA for its share of the project costs estimated at $710,000, as shown
on Exhibit B. The DOT shall be responsible for 100% of the costs for the incorporated work identified
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as "IDOT Estimated Cost", and share equally in the costs for Mobilization, Bonds and Insurance and
Engineering and Administration, as shown on Exhibit B. The amount paid by the DOT upon
completion of design services, construction, and construction administration and inspection services,
and billing by the LPA, shall be determined by the actual quantities in place and the accepted bid at
the contract letting.
b. The LPA shall bear all costs except those specifically allocated to the DOT under the terms of this
Agreement.
3. Environmental, Right of Way, Permits, Utilities, and Other Requirements
a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work
Within the Right of Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit,
Application for Approval of a Traffic Control Device, or other construction permits required for the
project prior to the start of construction. Neither the approval of funding nor the signing of this
Agreement shall be construed as approval of any required permit from the DOT.
b. The LPA shall obtain all project permits and/or approvals, when necessary, from the Iowa Department
of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa
Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, and/or other
State or Federal agencies as may be required.
c. If there is a railroad crossing within or near the project work area, the LPA shall obtain the necessary
approvals or agreements from the railroad to allow the proposed work to be completed on or around
the railroad crossing and / or right of way.
I. With the exception of service connections, no new or future utility occupancy of project right of way,
nor any future relocations of or alterations to existing utilities within said right of way (except service
connections), shall be permitted or undertaken by the LPA without the prior written approval of the
DOT. All work shall be performed in accordance with the Utility Accommodation Policy and other
applicable requirements of the DOT.
4. Project Design
a. The LPA or its consultant shall be responsible for the design of all proposed improvements.
b. The project plans, specifications, and engineer's cost estimate shall be prepared and certified by a
Professional Engineer or Architect licensed to practice in the State of Iowa.
5. Bid Letting
a. The plans, specifications, and other contract documents for each division must be submitted to the
DOT for review and approval prior to the project letting of each division.
b. For portions of the project let to bid, the LPA shall conduct the project bid letting in compliance with
applicable laws, ordinances, and administrative rules. The LPA shall advertise for bidders, make a
good faith effort to obtain at least three (3) bidders, hold a public letting, and award contracts for the
project work. DOT concurrence in the award must be obtained prior to the award. The LPA shall
provide the DOT file copies of project letting documents within five (5) days after the letting.
c. The LPA shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued,
as provided for by Iowa Code section 423.3, subsection 80. The LPA shall be responsible for
obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance.
The LPA shall issue these certificates to the successful bidder and any subcontractors to enable them
to purchase qualifying materials for the project free of sales tax.
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d. The LPA shall be the contracting authority for the project.
6. Construction and Maintenance
a. The LPA or its consultant shall be responsible for the daily inspection of the project, including the
compilation of a daily log of materials, equipment, and labor used on the project.
b. The LPA or its consultant shall comply with the procedures and responsibilities for materials testing
and construction inspection according to the project specifications.
c. The work on this project shall be in accordance with the approved plans and specifications. Any
substantial modification of these plans and specifications must be approved by the DOT prior to the
modification being put into effect.
d. Upon completion of the project, no changes in the physical features thereof shall be undertaken or
permitted without the prior written approval of the DOT.
e. After the project construction is complete, and prior to final acceptance of the project by the DOT, the
LPA shall furnish one set of as -built plans to the DOT's contact person.
f. Future maintenance of the primary highway within the project area shall be carried out in accordance
with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150.
7. Traffic Control
a. U.S. 63 through -traffic shall be maintained during the construction.
8. Payments and Reimbursements
a. The LPA shall be responsible for making initial payments to the consultant(s) and contractor(s) for all
project costs incurred in the development and construction of the project. After payments have been
made, the LPA may submit to the DOT periodic itemized claims for reimbursement for eligible project
activities. Reimbursement claims shall include certification by a Professional Engineer or Architect
licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is
requested have been paid in full and completed in substantial compliance with the terms of this
Agreement.
b. The DOT shall reimburse the LPA for properly documented and certified claims for eligible project
costs. If upon final audit the DOT determines the LPA has been overpaid, the LPA shall reimburse the
overpaid amount to the DOT. After the final audit or review is complete, and after the LPA has
provided all required paperwork, the DOT shall issue final reimbursement to the LPA.
c. Upon completion of the project, a Professional Engineer or Architect licensed to practice in the State
of Iowa shall certify in writing to the DOT that the project activities were completed in substantial
compliance with the plans and specifications set out in this Agreement. Final reimbursement of state
funds shall be made only after the DOT accepts the project as complete.
9. General Provisions
a. The LPA shall maintain records, documents, and other evidence in support of the work performed
under the terms of this Agreement. All accounting practices applied, and all records maintained, shall
be in accordance with generally accepted accounting principles and procedures. Documentation shall
be made available for inspection and audit by authorized representatives of the DOT, or its
designees, at all reasonable times. The LPA shall provide copies of said records and documents to
the DOT upon request. The LPA shall also require its contractors to permit authorized representatives
of the DOT to inspect all work materials, records, and any other data with regard to Agreement
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related costs, revenues and operating sources. Such documents shall be retained for at least three
(3) years from the date of receiving the final reimbursement.
b. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the
proposed Primary Highway project, and the FIS is modified, amended, or revised in an area affected
by the project after the date of this Agreement, the LPA shall promptly provide notice of the
modification, amendment, or revision to the DOT. If the LPA does not have a detailed FIS for an area
which is affected by the proposed Primary Highway project, and the LPA does adopt an FIS in an
area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of
the FIS to the DOT.
c. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and
associated subsequent nondiscrimination laws, regulations and executive orders, the LPA shall not
discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation,
national origin, religion, pregnancy, or disability.
d. To the extent allowed by the law, the LPA shall use positive efforts to solicit proposals or bids from
and to utilize Targeted Small Business (TSB) enterprises as consultants or contractors and ensure
that the consultants or contractors make positive efforts to utilize these enterprises as subconsultants,
subcontractors, suppliers or participants in the work covered by this Agreement. Efforts shall be made
and documented in accordance with Exhibit C which is attached hereto and by this reference
incorporated into this Agreement.
e. To the extent allowed by the law, the LPA agrees to indemnify, defend, and hold harmless the DOT
from any action or liability arising out of all design, construction, maintenance, placement of traffic
control devices, inspection, operation, and use of the improvements resulting from this project. This
agreement to indemnify, defend, and hold harmless applies to all aspects of the DOT's application
review and approval process, plan and construction reviews, and funding participation.
f. If any part of this Agreement is found to be void and unenforceable then the remaining provisions of
this Agreement shall remain in effect.
g.
This Agreement is not assignable without the prior written consent of the DOT.
h. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement.
i. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s),
and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this
project. All previously executed agreements shall remain in effect except as amended herein. Any
subsequent change or modification to the terms of this Agreement shall be in the form of a duly
executed amendment to this document.
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IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2026-16-109 as of the
date shown opposite its signature below.
CITY OF WATERLOO:
Signed by:
B D1W t, bOt-St,la,
Tlt 39 YbD3421...
Kelley Felchle , certify that I am the Clerk of the City, and that
Dave Boesen , who signed said Agreement for and on behalf of the
City was duly authorized to execute the same on the 1st day of June , 2026 •
Date
June 1 , 20 26 .
Sign
1-Signed by:
d ",.,,,,,11 f cldlc
•—eKrOleitlivef Waterloo, Iowa
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date , 20 .
Nickolas J Humpal, P.E.
District Engineer
District 2
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EXHIBIT A
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EXHIBIT B
COST ESTIMATE
Description Estimated Cost City Estimated Cost IDOT Estimated Cost
A. Mobilization, Bonds and Insurance $ 70,000.00 $ 35,000.00 $ 35,000.00
B. Removals $ 50,000.00 $ 50,000.00 $
C. Structural Repairs and Replacements
C.1 Miscellaneous Concrete Repair - Dry Well $ 35,000.00 $ 35,000.00 $
C.2 Inflow and Infiltration Repairs - Joint Grouting and Concrete Lining $ 65,000.00 $ 65,000.00 $
D. Two (2) Dry Pit Submersible Pumps and Controls
D.1 2 - Flygt Submersible Pumps NT3153-433NT 20 hp 460V 3 Ph $ 50,000.00 $ - $ 50,000.00
D.2 Duplex Control Panel With Floats 460V 3 Ph $ 100,000.00 $ - $ 100,000.00
E. Installation ofNew Pumps, Piping, Valves & Controls
E.1 Pump Installation $ 125,000.00 $ - $ 125,000.00
E.2 Control Panel Installation $ 25,000.00 $ $ 25,000.00
E.3 SCADA Installation and Progranuimig $ 25,000.00 $ - $ 25,000.00
E.4 Electrical Installation $ 50,000.00 $ - $ 50,000.00
E.5 Interior Piping Installation $ 75,000.00 $ - $ 75,000.00
F. New Building and Site
F.1 Building - Materials and Construction $ 50,000.00 $ 50,000.00 $
F.2 Site Work $ 20,000.00 $ 20,000.00 $
F.3 HVAC $ 50,000.00 $ 50,000.00 $
F.4 Pump Crane $ 15,000.00 $ 15,000.00 $
G. 25% Contingency $ 200,000.00 $ 100,000.00 $ 100,000.00
Engineering and Administration $ 250,000.00 $ 125,000.00 $ 125,000.00
Total Estimated Project Cost $ 1,255,000.00 $ 545,000.00 $ 710,000.00
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EXHIBIT C
UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES
ON NON-FEDERAL AID PROJECTS
(THIRD -PARTY STATE -ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7, it is the policy of the DOT that Targeted Small Business (TSB) enterprises
shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part
with State funds. Refer to Local Systems I.M. 5.020 for additional information.
Under this policy the LPA shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to
utilize TSB firms as contractors or consultants. The LPA shall also ensure that the contractors or consultants make
positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this
agreement.
The LPA's "positive efforts" shall include, but not be limited to:
1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-348-6200) or
from its website at: https://www.iowaeda.com/small-business/targeted-small-business/
2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in
sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP)
process.
3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability
of subcontract work.
4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project
and for which State funds will be used. Contract goals may vary depending on the type of project, the
subcontracting opportunities available, the type of service or supplies needed for the project, and the availability
of qualified TSB firms in the area.
5. For construction contracts:
a) Including in the bid proposals a contract provision titled "Targeted Small Business (TSB) Affirmative Action
Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document
developed by the Recipient. This contract provision is available in Local Systems I.M. 5.020.
b) Ensuring that the awarded contractor has and shall follow the contract provisions.
6. For consultant contracts:
a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set.
b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This
should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list
of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a
TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used.
The LPA shall provide the DOT contact person the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB
firms. Such documentation can be used to demonstrate the LPA's positive efforts and it should be placed in the
project file.
2. Bidding proposals or RFPs noting established TSB goals, if any.
3. Form 260017 "Checklist and Certification for the Utilization of Targeted Small Businesses (TSB)" shall be filled out
upon completion of each project.
https://iowadot.seamlessdocs.com/f/ChecklistandCertforUtilizationofTSBonNonFederalProjects.
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