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Home My WebLink AboutRESOLUTION NO. 2024-38RESOLUTION NO. 2024-38 RESOLUTION APPROVING TI3E PROJECT 28E AGREEMENT BETWEEN LINN COUNTY AND THE CITY OF FAIRFAX TO REPLACE TWO CROSSROADS CULVERTS #1725 AND #2429 WHEREAS, Linn County, Iowa intends to plan, design and let for bidding a construction project to replace two crossroads culverts. Culvert #1725 on a shared portion of Angle Road and Culvert #2429 on a shared portion of Morgan Bridge Road, and WHEREAS, Linn County, Iowa shall initially finance the cost of the project. The City shall reimburse the County for the actual cost of construction for the City's portion of this project, which is 50%, plus 7.5% administration fees (design, inspection, plan preparation, etc.) or $50,000, whichever is less. Costs are based on proposed plans and attached project estimate for the portion of the project within their corporate limits as they exist at the time the project is complete. Payment shall be made within 30 days of receipt of detailed invoice; and WHEREAS, Linn County, Iowa has prepared and submitted a 28E Agreement between Linn County and the City of Fairfax for this project to replace two crossroads culverts. Culvert # 1725 on a shared portion of Angle Road and Culvert #2429 on a shared portion of Morgan Bridge Road. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the 28E Agreement between Linn County and the City of Fairfax for said project to replace two crossroads culverts. Culvert #1725 on a shared portion of Angle Road and Culvert #2429 on a shared portion of Morgan Bridge Road is hereby acknowledged and approved on the part of the City of Fairfax, Linn County, Iowa. BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City Clerk/Treasurer are hereby authorized and directed to execute said County and City Project Agreement and this Resolution. Passed and approved this 14th day of May, 2024. AYES: Nurre, Daly, Wozniak, Volk, and Wainwright NAYS: None � ��- ��- Jo Ann Beer, Mayor ATTEST: ,,� �� ,a�._.,_.... C thia Stimson, City Clerk/Treasurer ;� Prepared By: Linn County Secondary Road Dept., 1888 County Home Rd, Marion, IA 52302, (319)892-6400 Return To: Linn County Auditor, 935 2°d Street SE, Cedar Rapids, IA 52404, (319)892-5300 COUNTY AND CITY PROJECT AGREEMENT This agreement entered into this 14th day of May, 2024 by and between Linn County, lowa, hereinafter referred to as County, and the City of Fairfax hereinafter referred to as City. WHEREAS, both the County and the City are a public agency as is defined by Section 28E.2 of the Code of lowa, and WHEREAS, Section 28E.3 of the Code of lowa provides that any power or powers, privileges or authority exercised or capable of exercise by a public agency of the State of lowa may be exercised and enjoyed jointly by a public agency of the State of lowa having such power or powers, and WHEREAS, it is proposed, that the County plan, design and let for bidding a construction project to replace two crossroads culverts. Culvert #1725 on a shared portion of Angle Road and Culvert #2429 on a shared portion of Morgan Bridge Road, and WHEREAS, the City Council and the County Board of Supervisors have informed themselves as to the proposed improvement. IT IS NOW AGREED that the City of Fairfax and Linn County enter into an agreement pursuant to Chapter 28E of the Code of lowa providing for cooperative action pursuant to the proposed roadway construction project and, said cooperative actions include the following: 1) SCOPE OF WORK - Design, let and construct improvements to Culvert #1725 on Angle Road and Culvert #2429 on Morgan Bridge Road per plans and specifications produced by the Linn County Engineer. Work is to include culvert replacements, ditch grading, rock surfacing, staking, inspection, and other items to complete the project. 2) DURATION - This Agreement shall commence on the date that both parties sign this agreement and shall continue thereafter until the final completion of the project and settlement of the financial conditions of this agreement. 3) PURPOSE - The purpose of this Agreement is to accomplish the proposed project as described herein in accordance with the aforesaid scope of work and in agreement with conditions specified in this Agreement. 4) ADMINISTRATION - The County shall be responsible for the administration of this project. G:\City of Fairfa�c\Documents\City Council\2024\Supporting Documents�28E Fairfax - Culverts 1725 2429.docx Page 1 of 2 5) The City and County agree to save and indemnify and keep harmless, each other against all liabilities, judgments, costs, and expenses which may in any way come against the County or City or which in any way result from carelessness or neglect of either party or its agents, employees, or workmen in any respect whatsoever. 6) The City and County agree to indemnify and hold each other, their employees and agents, wholly harmless from any damages, claims, demands, or suits by any person or persons arising out of any acts or omissions by the City or County, its agents, servants or employees in the course of any work done in connection with any of the matters set forth in this agreement. 7) FINANCING - The County shall initially finance the cost of the project. The City shall reimburse the County for the actual cost of construction for the City's portion of this project, which is 50°ia, plus 7.5°io administration fees (design, inspection, plan preparation, etc.) or $50,000, whichever is less. Costs are based on proposed plans and attached project estimate for the portion of the project within their corporate limits as they exist at the time the project is complete. Payment shall be made within 30 days of receipt of detailed invoice. 8) TERMINATION: - a) This Agreement shall be considered binding upon the City and the County and shall not be terminated until provisions of paragraph 8b are met after actual work has begun on the project. b) This agreement will be terminated upon final acceptance of the work by the City and final settlement of the financial conditions set forth in paragraph 7 thereof. Executed by Linn County on the the 14th day of May, 2024. BOARD OF SUPERVISORS LINN COUNTY, IOWA day of , , and by the City of Fairfax on � CITY OF FAIRFAX ;�'�� '�`'' „� �.." ,�''' �(.�'fc'�-- ��-�� } ' �� a , E AIlt51: HIItJ�: l �"L°'. LINN COUNTY AUDITOR F FAX CITY CLERK/TREASURER G:\City of Fairfax\Documents\City Council\2024\Supporting Documents\28E Fairfaac - Culverts t725 2429.docx Page 2 of 2