HomeMy WebLinkAboutRESOLUTION NO. 2022-26RESOLUTION NO. 2022-26
RESOLUTION ENTERING INTO A PROJECT 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 Project 28E Agreement for 76"' Ave and Williams Blvd from Lefebure Rd to
Southview Rd to receive a rock overlay with chloride for stabilization; and
NOW, THEREFORE, BE IT RESOLVED that the Fairfax City Council does hereby
approve and enter into the attached Project 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 gtl' day of March, 2022.
AYES: Nurre, Pacha, Volk, and Wainwright
NAYS: None
ABSENT: Daly
C�L� l! :,�!.Z.._..�. �.,
urnell G. Frieden, Mayor
ATTEST:
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C. thia Stirnson, City Clerk/Treasurer
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Prepared By: l.inn County Secondary Road Dept., 1868 Counfy Home Rd, Marion, IA 52302, (319)892-6400
Retum To: Linn County Auditor, 935 2"d Strset SE, Cedar Rapids, IA 52404, (319)892-5300
COUNTY AND CITY
PROJECT AGREEMENT
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This a�-eement entered into this � day of �i 3n,Ci� •�, by and betv✓een Linn County,
Iowa, hereinafter referred to as Co�u�ty, and the City of Fairfax, hereinafter refen�ed to as City.
WHEREAS, botli the County and the City are a public agency as is defined by Section 28E.2 of
the Code of Iowa, and
WHEREAS, Section 28E3 of the Code of Iowa provides that any power or powers, privileges or
authority exercised or capaUle of exercise by a public agency of the State of Iowa may be exercised and
enjoyed jointly by a public agency of the State of Iowa having such power o�• powers, and
WHEREAS, it is proposed, that 76'h Ave and Williams Blvd fi•om Lefebure Rd to Soukhview Rd
receives a rock overlay with chloride for stabilization, and
WHEREAS, the City Council and the County Board of Supeivisors have informed themselves as
to the proposed improvement.
IT IS NOW AGRELD that the City of Fairfax and Linn County enter ivto an agreement pursuant
to Chapter 28E of the Code of Iowa providing for cooperative action pursuant to the proposed roadway
canstiuction project and, said cooperative actions include tl�e following:
]) SCOPE OF WORK — Linn County will place approximately 770 tons of Class A rock and 1,024
gallons of chloride on 76`h Ave and Williams Blvd from Lefebure Rd to Southview Rd (9,946 Lane
Feet). The City of Fairfax is responsible for 4,399 lane feet of tl�e total lane footage along 76`h Ave
and Williams Blvd. that is scheduled for a rock overlay. (44%).
2) DURATION - This Agreement shall commence on the date that both parties sign this agreement and
shall continue thereafler until the finat completion of the project and settlement of the financial
conditions of this agreement.
3} 1'URPOS� - The pwpose of this Agreement is to accomplish the proposed project as described hercin
in accordance with the aforesaid scope of work and in agreement with conditions specified in this
Agreement.
4) ADMiNISTRATTON -'I'he County shail be responsible for ihe administratio�a ofthis project.
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S} 1'he City and Cotmty agree to save and indemnify and keep hannless, eacl� other against all liabilities,
judgments, costs, and expenses wluch 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 fi�om 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 tl�e cotn-se of any work
done in coimection widi any of the matters set forth in this agreement.
7) FINANCING - The County shall initially 6nance the cost of the project. The City shall reimbu�'se the
County for the actual cost based on estimates for the portion of the project within their corpoi•ate
limits as they exist at the time the project is compiete. Payment shall be made witliin 30 days of
receipt of detailed invoice.
339,OQ
451.00
Item Description Price Tota
Class A rock $15.00 $5,085.0(
Calcium Chloride $0.97 _ :$437:4�
TOTAL $5,522.4�
This reimbursement is due upon completion and final acceptance of the work.
8) TERMINATION:
a) This Agreement sha11 be considered binding upon the City and the County and shall not be
tenninated unti) 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.
�y��z �.ti-in ttipl�iGate� each of which shall constitute as ori�;i�a�i�; �l�y Lmn C„`.�unfy �at�� tlac� �!-�" d���� of _
� f__, t� and by the City of Fairfax on the a�'"�:. day of _� (����,y, !�� t:�,r,�-.
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BOARD OF SL1I'F���'I RS
LINN )NTY� T A _ CITY OF FAI.RFAX
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C:1�i`Y CLERK
G:1City ofFlirfax�DocumenlslCity CouncilL0221Suppon Dpcumems�2022 76th Ave - Wi�liams Blvd rock overlay Projecl Agi�eemrnt -
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