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Home My WebLink AboutRESOLUTION NO. 2022-25RESOLUTION NO. 2022-25 RESOLUTION ENTERING INTO A ROAD MAINTENANCE AND SNOW & ICE CONTROL 28E AGREEMENT WITH LINN COUNTY SECONDARY ROAD DEPARTMENT WHEREAS, the State of Iowa allows municipalities to enter into 28E agreements; and WHEREAS, the Linn County Secondary Road Department has requested the City of Fairfax enter into a Road Maintenance and Snow & Ice Contro128E Agreement; and NOW, THEREFORE, BE IT RESOLVED that the Fairfax City Council does hereby approve and enter into the attached Road Maintenance and Snow & Ice Control 28E Agreement with Linn County Secondary Road Department. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 8t�' day of March, 2022. AYES: Nurre, Pacha, NAYS: None ABSENT: Daly Volk, and Wainwright � ,�-�-v�.� (,��,..._.�_____ Burnell G. Frieden, Mayor ATTEST: �� /�� Zi' �� c`� � � +�'��'�� %'� _ Cyr�- hia Stirnson, City Clerk/Treasurer t , , 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 ROAD MAINTENANCE AND SNOW & ICE CONTROL AGREEMENT CITY OF FAIRFAX AND LINN COUNTY SECONDARY ROAD DEPARTMENT WHEREAS, for the benefit of the traveling public and the mutual benefit of the City of Fairfax, lowa and Linn County, lowa, and WHEREAS, to effectively deal with common street and road maintenance problems which occur on shared portions and are considered to be of a normal and routine nature, to enhance consistency of related traffic control measures and to provide a more cost effective maintenance program, and WHEREAS, to effectively deal with the common problem of snow removal and ice control on road surfaces and to promote the safer flow of traffic; NOW THEREFORE, the City of Fairfax, lowa (City) and Linn County, lowa (County) herewith enter into agreement for maintenance and upkeep of roads and for snow and ice control on those roads as listed and shown on attached Exhibits and under the provisions hereinafter stated. MAINTENANCE The City shall provide normal and routine maintenance on County portions of roads indicated. The County shall provide normal and routine maintenance on City portions of roads indicated. For the purpose of this agreement normal and routine maintenance shall include the following work items as needed: • minor ditch cleaning • granular surface grading • shoulder repair (No additional rock required) • minor surface repairs such as crack sealing or pothole repair • debris removal, illegal dumping clean up and dead animal disposal • mowing — any and all mowing along County secondary roads shall be in accordance with towa Code 314.17 • tree and shrub removal (10' from the edge of the road, minimum) • tree-trimming (16' vertical and 16' horizontal from the centerline of the road. All trimming to follow ANSI A-300 Pruning standards) • pavement markings • sweeping • minor bridge repair and culvert repair shall be the responsibility of the jurisdiction assigned that section of road Ciry of Fairfax Shared Road Maintenance Winter Agreement - 2-7-2022 Page 1 of 4 Each party shall control their maintenance operations as required by their respective policies and employees are to be covered by their own employer's insurance. It is the intent of this agreement that both parties shall act responsibly and promptly, taking into account its own rules and tempering its response according to type and severity of the maintenance issues that arise. Normal and routine maintenance does not include the following work items: • paving • sign repair or replacement • seal coating • rock surfacing • frost boil repair • shoulder rock • full depth patching and grading • bridge and culvert rehabilitation or replacement — does not include cleaning out of culverts • does not include private driveway culvert repair, replacement, or cleaning • weed control or eradication — all county roadside areas are included in Linn County's integrated roadside vegetation management plan These work items are to be negotiated separately between either jurisdictions department heads or designees. If the proposed work exceeds $5,000 a maintenance project agreement shall be completed and shall be approved by the respective Councils/Boards prior to completion of the work. Rock surfaced roads shall have 1,000 tons/mile of class A crushed stone surfacing meeting lowa DOT specifications applied with this agreement and at 5 year intervals during the life of this agreement on all shared/100°io owned roads. This may be ownerjurisdiction or by paying actual cost to jurisdiction in charge. Dust Control shall be permitted by the jurisdiction that has maintenance jurisdiction control. Residents who wish to obtain dust control must obtain a permit from the entity with maintenance jurisdiction control Work within right-of-way permits must be applied for through the jurisdiction that has maintenance control and must follow said jurisdictions policies and standards. Entrance permits must be obtained through the jurisdiction where the property is located. Notification of approved entrance permits a►ong shared roads must be forwarded to the jurisdiction that has maintenance control. City of Fairfax Shared Road Maintenance Winter Agreement - 2-7-2022 Page 2 of 4 CONSTRUCTION • Both jurisdictions shall approve plans and specifications before contracts are let or construction begins. • The cost of all new construction, regardless of type, shall be borne based on jurisdictional limits. • The planning and project administration of this construction shall be the responsibility of the jurisdiction that has the maintenance responsibility for the segment. • A 7.5°io project administration fee shall be included with the project invoice. The 7.5°io fee applies to project costs within said jurisdiction. • Each jurisdiction is to acquire rights-of-way within its own respective boundaries, as required. The County and City as deemed necessary shall provide snow and ice control on the other's portion of the routes as listed and as shown on the attached. Each party shall control their operations as directed by their individual winter maintenance policies. It is the intent of this agreement that both parties shall act responsibly and promptly, taking into account their policy and the type, severity, and duration of the storm. Requests for additional snow and ice control on roads within the incorporated area may be considered by the County, and the County shall be reimbursed from the City for the reasonable cost of this service. The requested additional work may be performed after the County has completed its regularly scheduled work outside of the incorporated area. The routes listed in this agreement may be reviewed periodically by the County and City. Requests for additional snow and ice control on roads within the unincorporated area may be considered by the City, and the City shall be reimbursed from the County for the reasonable cost of this service. The requested additional work may be performed after the City has completed its regularly scheduled work inside the incorporated area. The routes listed in this agreement may be reviewed periodically by the County and City. 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. 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. This agreement shall supersede any previous shared road maintenance and snow & ice control agreements and be in effect from the date of approval by the City Council and the Linn County Board of Supervisors and shall remain in effect until 30 days following either party providing a written notice for termination. City of Fairfax Shared Road Maintenance Winter Agreement - 2-7-2022 Page 3 of 4 Prepared By: Linn County Se�ondary Road Dept,1688 County Home Rd, Marion, IA 523U2, (379)892-6400 Return To: Linn County Aud3tor, 935 2^d Street SE, Cedar Rapids, IA 5240A, (319j692-530a ROAD MAINTENANCE AND SNOW & IGE CONTROL AGREEMENT CITY OF FAIRFAX AND LINN COUNiY SfCOfVDARY ROAD DEPARTMENT WHEREAS, for the benefit of the traveling public and the mutual benefit af the City of Fairfax, lov✓a and Linn County, lowa, and WHEREAS, to effectivety dea) with common street and road maintenance probfems which oceur on shared portions and are c4nsidered to be of a normal and routine nature, to enhance consistency of related traffic cor�trol measures and to provide a more cost effective maintenance program, and WHEREAS, to effectively deal s�ith tha common problem of snow remova( and ice control on road surfaces and to promate the safer flow of traffic; NOW THEREFORE, the City af Fairfax, lowa (Clty) and Linn County, lowa {County) hetewith enter into agreement foY maintenance and upkeep of roads and for sno�n� and ice control an those roads as listed and shown on attached Exhibits and under the provisions hereinafter stated. MAINTENANCE The City shell provide normal and routine maintenance on County portions of roads ind(caied_ The County shall provide normal and rautine mairrtenance on City partions of roads indicated, For the purpose of this agreement nortnal and routine maintenance shall ir�clude the following work items as needed; • minor ditch cleaning a granular sutface grading • shoulder repair (No additiona! rock requfredj • minor surface rQpairs such as crack sealing or pothofe repair • debris removal, illegal dump3ng clean up and dead animal disposal � ■ mowing — any and all mowing along Caunty secondary roads shall be in accordance with lowa Cade 3T4.17 • tree and shrub removal (10' from the edge of the road, minimum) • tree irimming (16' verticaf and 1 b' horizontal from the centerline of the road_ Al) trimming ta follow ANSI A-300 Pruning standards) . pavement markings • sweeping • minor bridge repair and culvert repair shall be the responsibility of the jurisdiction assigned that section of road City of Fairfax Shared Road Maintenance Wintei Agreernent - 2-7-2022 Page ] of 4 Each party shall control their ma(ntenance operations as required �y their respective poficies and employees are to be covered bytheir own emplayer's insurance, It is the intent of this agreement that both perties shall act responsi6ly and promptly, taking into account its own rules and tempering its response according to type and severity of the maintenance issues that arise. Normal and routine maintenance does not include the foliowing work items: • paving • sign repair or replacement • seal coating • rock surfacing • frost boii repair • shoulderrock • full depth patching and grading • bridge and culvert rehabilitation or replacement — does not include cleaning out of culverts • daes not include private driveway culvert repair, replacement, or cleaning • weed control or eradication -- all county roadside areas are included in Linn County's integrated roadside vegetation management plan These work items are to be negatiated separately between eitherjurisdictions department heads or designees. If the proposed work exceeds $5,000 a maintenance project agreement shall be completed and shall be approved by the respective Councils/Boards priorto completion ofthe work. Rock surfaced roads shall have 1,000 tons/mile of class q crushed stone surfacing meeting lowa DO7 specifications applied with this agreement and at 5 year ii�tervals dur,.ing the life of this agreement on all shared/100°ia owned roads. This may be ownerjuris�fiction or by paying aefual cost tn Jurisdiction in charge. Dust Control shali 6e permitted by the jurisd(ction that has maintenan�ejurisdiction control. Residents who wish to o6tain dusY control must obtain a permit from the entity with maintenance jurisdiction control Wnrk wtthiit rigi�t-af-way pertnfts must 6e ap�ilied (ar ihraugh tft� juristlietf.on that has tnaintenance contro! and must �allo.w said jurlsdictians policies and standardse [ntranm permits must be obtainecl through tl�e jurisdicfion whecc the property Is located. Notification af �ppraved entrance permits along shared roads rnust 6e fotWarded ta;t(1e j�risdiction thak has maint�nance cantrol, Ciry of Fairfax Shared Road Main[enance Winter Agreement - 2-7-2022 Page 2 of 4 4 J � 1'1�1'�A� .. 6oth jurisdictir�ns shall approve plans and specificatians before contracts are iet or construction begins. • The cost of all new construction, regardiess of type, shalf be borne based on jurisdic#ional limits. • The planning and project administration of this constructian shall be the responsibifity of thejurisdiction that has the maintenance responsibility for the segment. • A 7.5°io project administration fiee shall be included with #he project invoice. The 7.5io fee applies to praject costs witbfn said jurisdiction. • Each jurisdiction fs to acquire rights-of-way within its own respective baundaries, as rsquired. The Courrty and Gity es deemed necessaty sha11 provide snow and ice contral on the other's portion of the routes as listed and as shown on the attached, Each party shal( control their operations as directed by their individual winter maintenance polic(es. !t is 2he intent of this agreementthat both parties shall act responsibiy and promptly, taking into accaunt their policy and the type, severity, and duratlon of the storm. Requests for additfonai snow and ice control on roads within the incorporated area may be considered by the County, and #he County shall be reimbursed from the City for the reasonable cost of this service. The requested additional work may be performed after the Caunty has completed its regulariy scheduled work outside of the incorporated area, The routes listed in ihis agreement may be reviewed periodically by the County and C(ty. Requests for additional snovd and lce control on roads within the unincorporated area may be considered by the City, and the City shall be reim6ursed {rom the Cauntyforthe reasonable cast of thls service. The requested additional work may be performed after the City has completed its regularfy scheduled work inside the incorporated area. The routes listed in this agreement may be reviewed periodically by the County and City. The City and County agreeto save and indemnify and keep harmless, each other against all liabilities, judgments, costs, and expenses which may in ahy way come against the County or City or which in any way result from carelessness or neglect of e(ther party or its agents, emplayees, or workmen in any respect whatsoever. The City and County agree #o indemnify and hold each oiher, iheir employees and agents, wholly harmless from apy damages, claims, demands, or suits by any person or persons arising out of any acts or omissions by the City or County, its agents, servahts or employees in the course of any work done in connection with any of the matters set forth in this agreement. Th(s agreement shall supersede any previous shared road maintenance and snow & ice control agreements and be in effect from the date of approvai by the City Gouncil and the Linn County 8oard of Supervisors and shall rernaln In effect until 30 days fol(owing either party providing a written notice fortermination. City of Fairfax Sbared Road Main tenance Winter Agreement - 2-7-2022 Page 3 nf 4 This agreement as hereby eniered into by 6oth parties 1s executed In three copies, either of which constftutes the original. Forthe City of Fairfax, lawa dated this 8th day of March, 2022. For Linn Couttty, lowa da4ed Yhis �� day o( J" 2D ,�`� f�r�! _��..,, ' �o- J <,�... Reviewed by Linn County Engineer � �`y a� 8rad Ketets, P.E. G6TY OF FAIRFA)f; IOWA ` ._..-.-C , -'..Q-�-- umeil G. Frieden � Mayor AIiEST'• f +P�rr% �. ,/ � � '%r ; � �.p� Cynt ia Stimson, City Cleric/ireasurer City of Fairfax Shared Road Maintenance Win[er Agreement - 2-7-2022 LINM COUNTY BOARD OF SUPERVISORS c � `�1 Chairpers�o. �� Vice Chairpersan ��,J..� `l.. -- Supenrisor � C ATTEST; �� Linn Gou y Auditor �� Page 4 of 4 r C . � � p 7 u u_ y m � � � z � Y y �^$ N N � U i'J C C ro � v � `o � u � ro 'd c y '= o o n ;.. n u m 'a ai u� �. 'c n > > � m � L C � M � � U N � N N T � Q 6 �l ^ N � O � �. C � � v u° a D F w C D :� u � O N V N � D L u � � O ��.. '�- u 'p to a .- = o a � a� c .n rt = y �3 � � O C� w a, t � v .�+ C K u c � N W � — N r N � � i w � J c � � Y � � L A 10 � � '� O } R ] V O ' � ..VJ Y 1�I1 N L y�p J LL L N � N � O �i m N m A H Responsibie Jurisdictlon Gily�ol�Fairfax ••••�� Fairlax - No lane mileage ��,.�,...� �..,�.�..,, Linn County ��..,:�, •••••� Linn Count - No lano mil6ago .�..�,.,,�. �.�w�, � ��.� �{ :/I//�� k Snow & IViaintenance 28� Agreement -��'r,�� Linn Coun & Ci o Fai ax � �ll�lt. � ty f � HOk1E SWEET HOME`