HomeMy WebLinkAboutRESOLUTION NO. 2023-01RESOLUTION NO. 2023-01
RESOLUTION APPROVING THE BEVERLY ROAD HMA OVERLAY
PROJECT 28E AGREEMENT BETWEEN LINN COUNTY AND THE
CITY OF FAIRFAX
WHEREAS, Linn County, Iowa intends to complete a Hot Mix Asphalt (HMA) overlay
project along Beverly Road from just east of US Highway 151 to west of Edgewood Road; and
WHEREAS, along a short section of Beverly Road, adjacent to the Meadow Oak
Condos and just east of US Highway 151, the southern portion of Beverly Road is located within
the Fairfax City Limits; and
WHEREAS, Linn County, Iowa has submitted an engineers' estimate that the City of
Fairfax's portion of this HMA Overlay Project Cost shall be approximately $8,600; and
WHEREAS, Linn County, Iowa has prepared and submitted a 28E Agreement between
Linn County and the City of Fairfax for the design, administration, and construction of the
Beverly Road HMA Overlay Project for the City of Fairfax to share in the costs for the design,
administration, and construction of the portion of the Beverly Road HMA Overlay Project to be
completed within the City of Fairfax's City Limits.
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 Beverly
Road HMA Overlay Project 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
Pro Tempore 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 l Oth day of January, 2023.
AYES: Nurre, Daly, Pacha, Volk, and Wainwright
NAYS: None
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Marianne V�inwright, Mayor Pro Tempore
ATTEST:
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nthia Stimson, City Clerk/Treasurer
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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
28E AGREEMENT BETWEEN THE COUNTY OF LINN, IOWA AND THE CITY OF FAIRFAX, IOWA
FOR THE BEVERLY ROAD ASPHALT PAVING PROJECT
This Agreement is entered into this rU� day of u�ua✓ by and between Linn County, lowa,
(hereinafter referred to as "County"), and the City of Fairfax, lowa hereinafter referred to as "City") as follows:
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, both the City and County desire to have the County plan, design, and let for bidding a construction
project to repair and overlay with hot mix asphalt (HMA) the existing asphalt pavement on Beverly Road from
Highway 151 to the concrete pavement near Edgewood Road ("Project"), and
WHEREAS, portions of the Project will be constructed within shared jurisdictional limits between Linn County
and City of Fairfax, and
WHEREAS, the City Council and the County Board of Supervisors have informed themselves as to the proposed
improvement and agree that cooperative action is in the public interest in completing the Project.
IT IS NOW AGREED that the City and County enter into this Agreement pursuant to Chapter 28E of the Code of
lowa providing for cooperative action as follows:
1) PURPOSE — The purpose of this Agreement is to provide for the design, letting and construction of
improvements to Beverly Road per plans and specifications produced by the County and 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.
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) ADMINISTRATION - The County shall be responsible for the administration of this project. There will be no new
or separate legal or administrative entity created by this Agreement. Neither party shall, in furtherance of this
Agreement, acquire any real or personal property.
4) INDEMNIFICATION - 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 to the extent caused
by the acts or omissions by the City or County, or the officers, agents, or employees of either, in the course of
Page 1 of 2
any work done in connection with any of the mattars set forth in this Agreement.
5) FINANCING —The County shall inftially finance the cost of the project. The City shall reimburse the Countyfor
the actuaf cost of construction plus 7.0°� administration fees (inspection, design, and project administration)
based on the praposed plans and attached projact 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 the detailed invoice.
6) TERMINATIbN:
a} This Agreement shall be considered binding upon the City and the County end shall not be terminated
untii provisions of paragraph 6b are met after actual work has begun an the project.
bj This agreement wiil be terminated upon final acceptance of the work by the County and final settlement
of the financial conditions set forth in paragraph 5 thereof.
7j EXECUTION - This Agreement may be executed in any number of counterparts as the case may be, each of
which shall be deemed a duplicate originel and which together shall canstftute one and the same instrument.
in addition, the parties agree that this Agreement may be executed by �lectronic, pdf or facsimile signatures
by any party and such signature will be deemed binding for aii purposes hereof without delivery of an original
signature being thereafter required.
iN WITNESS WHEREOF, in consideration of the mutual covenanYs set forth abave and for other good and
valuable consideration, the receipt, adequaey and legal sufficiency of which are hereby 2tknowledged, the parties
have entered into the Agreernent and have caused their duly authorized representatives to execute the
Agreement.
BOARD OF SUPERVISORS
LINN COUNTY, IQWA MAYOR �r'C ��Y'+�:t�
CI F FAIRFI��IOW
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ATTEST:
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FA1 FAXCITYCLERK/7REASURER
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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
28E AGREEMENT BETWEEN THE COUNTY OF LINN, IOWA AND THE CITY OF FAIRFAX, IOWA
FOR THE BEVERLY ROAD ASPHALT PAVING PROJECT
This Agreement is entered into this ��� day of '' dt by and between Linn County, lowa,
(hereinafter referred to as "County"), and the City of F irfax, lowa hereinafter referred to as "City") as follows:
WHEREAS, both the County and the City are a public agency as is defined by Section 28EZ 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, both the City and County desire to have the County plan, design, and let for bidding a construction
project to repair and overlay with hot mix asphalt (HMA) the existing asphalt pavement on Beverly Road from
Highway 151 to the concrete pavement near Edgewood Road ("Project"), and
WHEREAS, portions of the Project will be constructed within shared jurisdictional limits between Linn County
and City of Fairfax, and
WHEREAS, the City Council and the County Board of Supervisors have informed themselves as to the proposed
improvement and agree that cooperative action is in the public interest in completing the Project.
IT IS NOW AGREED that the City and County enter into this Agreement pursuant to Chapter 28E of the Code of
lowa providing for cooperative action as follows:
1) PURPOSE —The purpose of this Agreement is to provide for the design, letting and construction of
improvements to Beverly Road per plans and specifications produced by the County and 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.
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) ADMINISTRATION -The County shall be responsible for the administration of this project. There will be no new
or separate legal or administrative entity created by this Agreement. Neither party shall, in furtherance of this
Agreement, acquire any real or personal property.
4) INDEMNIFICATION -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 to the extent caused
by the acts or omissions by the City or County, or the officers, agents, or employees of either, in the course of
Page 1 of 2
any work done in connection with any of the matters set forth in this Agreement.
5) FINANCING —The County shall initially finance the cost of the project. The City shall reimburse the County for
the actual cost of construction plus 7.0% administration fees (inspection, design, and project administration)
based on the 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 the detailed invoice.
6) TERMINATION:
a) This Agreement shall be considered binding upon the City and the County and shall not be terminated
until provisions of paragraph 6b are met after actual work has begun on the project.
b) This agreement will be terminated upon final acceptance of the work by the County and final settlement
of the financial conditions set forth in paragraph 5 thereof.
7) EXECUTION - This Agreement may be executed in any number of counterparts as the case may be, each of
which shall be deemed a duplicate original and which together shall constitute one and the same instrument.
In addition, the parties agree that this Agreement may be executed by electronic, pdf or facsimile signatures
by any party and such signature will be deemed binding for all purposes hereof without delivery of an original
signature being thereafter required.
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and
valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties
have entered into the Agreement and have caused their duly authorized representatives to execute the
Agreement.
BOARD OF SUPERVISORS
LINN COUNTY, IOWA
ATfEST:
LINN COUNTYAUDITOR
MAYOR �t'C i�rn'(�J'd�
( CI F FAIRFAX�IOW
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ATTEST:
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1-� `°R %e (�'�l���fp
FAI FAX CITY CLERK / TREASURER
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Page 2 of2
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