HomeMy WebLinkAboutBlack Hawk County - Portable Temporary Traffic Signal 28E Agreement - 7.6.2026 PORTABLE TEMPORARY TRAFFIC SIGNAL
28E AGREEMENT
T 's Agreement,made and entered into this 19 ' day of
, 2026,by and between the City of Waterloo, Iowa, (hereinafter
referred to s City), and Black Hawk County, Iowa, (hereinafter referred to as County)
(collectively the Parties).
WHEREAS, City is a municipal corporation organized and existing under the laws of the
State of Iowa, and is a public agency as defined in Iowa Code Chapter 28E; and
WHEREAS, County is an Iowa County, existing under the laws of the State of Iowa, and
is a public agency as defined in Iowa Code Chapter 28E; and
WHEREAS, Parties find that joint and cooperative action will be to their mutual
advantage and will promote more efficient use of taxpayer resources; and
WHEREAS, Parties desire to comply with terms of an Iowa Department of
Transportation(hereinafter DOT)Traffic Safety Improvement Program Funding
Agreement 2027-TS-005,project number CS-TSF-8155(792)-85-07, (hereinafter referred
to as Equipment)whereby the City will purchase portable temporary traffic signals; and
WHEREAS, Parties believe that an agreement pursuant to Chapter 28E should be entered
into with regard to the sharing of the Equipment.
NOW THEREFORE, the City and the County agree as follows:
1. Purpose. The purpose of this Agreement is to facilitate the sharing of one pair of pop
up heavy duty traffic control trailers purchased and owned by the City.
2. Duration. The duration of this Agreement shall be for ten(10)years, commencing
with the date of filing of this Agreement with the Iowa Secretary of State in
accordance with Iowa Code Section 28E.8.
3. Administration. No Separate Entity. No separate legal or administrative entity shall
be created for the governance or administration of the terms or subject matter of this
Agreement.
4. Duties and Responsibilities of the Parties for the Project.
A. Equipment Sharing. The City agrees to make available the Equipment to the County
upon request,provided it is not in use. Requests for the equipment shall be
coordinated through the City. Approval shall be based on availability and the
operational needs of the City. The City and County Agree to use the equipment in
accordance with applicable standards and manufacturer recommendations.
B. Use and Costs. While in possession of the Equipment the County shall be responsible
for its use, operation, and security. The County shall be responsible for any damage,
beyond normal wear and tear,that occurs during the County's exclusive use of the
equipment. Each party shall be responsible for its own costs associated with the
transportation, setup, operation, and use of the equipment. No reimbursement shall
be required by either part.
5. Insurance.
A. Workers' Compensation,Employer's Liability. All times during the term, Parties
maintain Workers' Compensation Insurance covering their respective employees as
required by law. Parties shall endorse their Workers' Compensation policies to add
a Waiver of Subrogation in favor of the other party.
B. Commercial General Liability. At all times during the term of this Agreement, the
City shall maintain a Commercial General Liability insurance policy naming the
County as additional insured for bodily injury and property damage, including
loss of use thereof, in an amount not less than One Million Dollars ($1,000,000.00)
per occurrence and Two Million Dollars($2,000,000.00)in the annual aggregate.
These policies shall include contractual liability coverage. Such policies shall cover
cancellation.
C. Fire or Other Casualty Loss. City shall insure the Equipment for loss or damage
by fire and such other risks as may be included in the broadest form of
extended coverage insurance from time to time available in an amount not less
than 80%of the full insurable value, and shall pay the insurance premiums.
The term"full insurable value" shall mean the actual replacement cost, excluding
foundation and excavation costs. All such insurance shall be obtained from insurers
of recognized responsibility licensed to do business in the State of Iowa. All policies
shall name City and County as additional insureds, on a primary and non-
contributing basis. Parties shall be furnished with a copy of each policy specified
under this Agreement. To the extent obtainable, all policies shall contain an
agreement by the insurer that such policies shall not be canceled except upon thirty
(30)days written notice.
D. Waiver of Subrogation Rights. Each of the parties hereby releases the other from
any claim for recovery for any loss or damage to any of its property or for any
liability which is insured under valid and collectible insurance policies to the extent
of any recovery collectible under such insurance. It is further agreed that this
waiver applies only when permitted by the applicable policy of insurance.
E. Delivery of Insurance Certificates. Upon the Effective Date and at each policy
renewal date, each party shall furnish to the other parties an insurance certificate or
renewal certificate evidencing all insurance required to be carried by that party in
accordance with this Agreement.
6. Indemnification. To the extent permitted by law, all parties shall indemnify, defend,
And hold harmless the other parties from any and all claims, damages, injuries,
demands, settlements, suits, causes of action, and any other claimed damages,
including reasonable attorney's fees, suit fees, and other costs associated therewith,
arising out of the negligent actions or omissions of the indemnifying parties,
employees or agents.
7. No Joint Obligation. The obligations of the City and the County under this
Agreement are several obligations, and are not joint obligations.
8. Modification of the Agreement. The Parties acknowledge that from time to time it
may be to their mutual advantage to modify the terms and conditions of this
Agreement. No waiver, change,modification, or amendment to this Agreement shall
be binding upon either party unless in writing and signed by all Parties. The waiver
by any party to a breach of this Agreement shall not operate or be construed as a
waiver of any subsequent breach of that provision or any other provision or condition
of this Agreement.
9. Termination Prior to Expirations of Term. This agreement may be terminated prior
to the expiration of its term by mutual agreement of the Parties and with the consent
of the DOT.
10. Notice. All notices, requests,claims, demands and other communications between
the parties shall be in writing, and shall be given by delivery in person or by first
class, registered or certified mail, postage prepaid. All notices shall be effective
upon receipt,if notice is given by delivery in person, or on the fifth day following
mailing t the other party at its respective address listed below:
To County: To City:
Chair,Black Hawk County Board of Supervisors Office of the Mayor
Black Hawk County Courthouse Waterloo City Hall
316 E. Fifth Street, Suite 203 715 Mulberry Street
Waterloo, Iowa 50703 Waterloo, Iowa 50703
Each party shall advise the other of any change of address as to'where notices shall be
sent. Use of a known new address, following a known change of address for either party,
shall not be construed as a failure of notice pursuant to this provision.
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11. Binding Effect. The terms and conditions of this Agreement shall extencto and be
binding upon the successor in interest of the respective parties:thereto.
12. Entire Agreement-Amendment. This Agreement contains the entire understanding
between the parties and cannot be changed or terminated orally, but only by an
agreement in writing signed by both parties.
13. Severability. If any provisions of this Agreement are declared invalid or
unenforceable,the remainder of the Agreement shall continue in full force and effect.
Dated this aday of ,�u,KQ� 2026.
BLACK HAWK COUNTY, IOWA
By: `
Lin a ylin, hai
Black Hawk County Bo• f Supervisors
ATTE
C41‘.4.7
Karen >h.waiter, Black Hawk County Auditor
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
On this o . =- day of , 2026, before me,the undersigned, a
Notary Public in and for the SfiaIe of Iowa,personally appeared Linda Laylin and
Karen Showalter, to me personally known, and who,being by me duly sworn, did say
that they are the Chair of the Black Hawk County Board of Supervisors and Black Hawk
County Auditor; that said instrument was signed by them, on behalf of Black Hawk
County, Iowa, and acknowledge the execution of this instrument is the voluntary act and
deed of the County,by it and by them voluntarily executed.
*VW, CHOst�,.
ar
c in and for the State of Iowa.
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Iowa
Nmicilf5n,*
CITY OF WATERLOO, IOWA
By: j04 144,L► A _ raJe � ;,� ,,r, 7 J I�/'!,Z-0
David Boesen, Mayor r
ATTTEST:
)(1A-
elley Felc , ity Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
On this '\-, day of \ u-Lu ,2026,before me,the undersigned, a
Notary Public in and for the State of Iowa,personally appeared David Boesen and Kelley
Felchle,to me personally known,and who,being by me duly sworn, did say that they are
the Mayor and City Clerk,respectively,of the City of Waterloo, Iowa;that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City
Council as contained in the Resolution adopted by the City Council, under Council
Action No. ),0 V --- .71 of the City Council on the L4" day of
, 2026, and that David Boesen and Kelley Felchle, acknowledged the
execution o'the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation,by it voluntarily executed.
ji\atlY1i,
''"���, NANCYANNE HICBY Notary Pulli in and for the t of Iowa
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