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Home My WebLink AboutRESOLUTION NO. RESOLUTION NO. 2020-41 RESOLUTION 2020-41 A RESOLTTION APPROVING A SHARED COUNTY AND CITY PROJECT 28E AGREEMENT WITH LINN COUTY FOR ROCK OVERLAY AND CALCIUM CHLORIDE ON SOUTHVIEW ROAD WHEREAS, Southview Road needs improvements; and WHEREAS, the City of Fairfax and Linn County Secondary Road Department have drafted a Shared County and City Project Agreement concerning a one-inch rock overlay and calcium chloride on Southview Road from the western City limits and then easterly to the seal coated portion of Southview Road (970.70 feet); and WHEREAS, this Agreement is attached. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Fairfax, Linn County, Iowa, does by this resolution enter into the attached County and City Project Agreement between the City of Fairfax and Linn County Secondary Road Department; and BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said 28E Agreement and this Resolution. Passed and approved this 12th day of May, 2020. AYES: Otto, Daly, Pacha, Volk, and Wainwright NAYS: None Burnell Frieden, Mayor ATTEST: t3 ��./I �� yid'�E� >>�✓ L..__ ,+' Cynthia Stimson, City Clerk/Treasurer ',f Prepared By:Linn County Secondary Road Dept., 1888 County Home Rd,Marion, IA 52302,(319)892-6400 Return To: Linn County Auditor,935 21d Street SE,Cedar Rapids, IA 52404,(319)892-5300 COUNTY AND CITY PROJECT AGREEMENT This agreement entered into this (a' day of D ,by and between Linn County,Iowa,hereinafter referred to as County,and the City of Fairfax,hereinafter refref�s City. WHEREAS,both the County and the City are a public agency as is defined by Section 28E.2 of the Code of Iowa, and WHEREAS,Section 28E.3 of the Code of Iowa provides that any power or powers,privileges or authority exercised or capable 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 or powers,and WHEREAS, it is proposed,that the Linn County Secondary Road Department place a one inch rock overlay and calcium chloride on Southview Rd.from the western City limits and then easterly to the seal coated portion of Southview Rd. (970.70 feet),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 Iowa providing for cooperative action pursuant to the proposed roadway construction project and,said cooperative actions include the following: 1) SCOPE OF WORK—The Linn County Secondary Road department will place approximately one inch of choke stone,along Southview Rd.,starting approximately 525 feet west of State Hwy 151 and continuing west for 970.70 feet to the western City limits. The described area will also be sprayed with Calcium Chloride at Agal/lf for dust control and stability. 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. 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 G:\City of Fairfax\Docmnents\City Council\2020\Supporting Documents\Southview Rd.rock overlay Project Agreement-Maintenance.doex Page 1 of 2 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 of-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 based oil estimates 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. Qty Unit Item Description Price Total 75 Tons Choke Stone $9.00 $675.00 75 Tons Haul Rate $2.65 $198.75 195 Gal Calcium Chloride $0.91 $177.45 1 Hr Motor Grader $99.00 $99.00 1 Hr Steel drum roller $80.861 80.86 2 Hrs Labor $41.62 $83.24 TOTAL. 1 $1,314.30 This reimbursement is due upon completion and final acceptance of the work. 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 in triplicate,each of which shall constitute as original,by Linn County on the. day of and by the City of Fairfax on the /,,1-6 day of rVkq.,t4 ,f. BOARD OF SUPERVISORS CITY OF FAIRFAX L,INN COUNTY, IOWA f 1,L A`I'I'ES`I': ATTEST: r , Au 4 Li COUN 'Y AUD1T0 e F RFAX CITY CLERK GACity of Fairf3xlDocunrentslCity Council,20201Supporting Documents\Southviety Rd.rock overlay Project Agreement-Maintenance.docx Page 2 or 2