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Home My WebLink AboutRESOLUTION NO. 2004-05 RESOLUTION NO. 2004-015 RESOLUTION APPROVING AGREEMENT WITH LINN COUNTY, IOWA FOR WORK ON LONGVIEW DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF 'THE CITY. OF FAIRFAX,, IOWA, That the project agreement between the City of Fairfax and Linn County, Iowa regarding Linn County doing seal coat work on Southview Road equal in value to the work the City of Fairfax did on Longview Drive is hereby approved and the Mayor and City Council are hereby authorized to execute said agreement. AND BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa that the Mayor and the Deputy Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 9:"'day of March, 2004. AYE: Beer, Frieden, Scott, Glick, Wainwright NAY: None ABSENT: None Bill Voss, Mayor ATTEST: Nancy lickinger, Deputy City Clerk lliiilillllllillliillliillli4lliillillill{�lillli��l !�'iilii�lilli�liil Doc b: 00688611 002 TVilpe: GEN Recorded: 06/28/2004 at 0'2:25:17 PM Fee Amt: $16.0p Pape 1 of 2 Revenue Tax; $0.00 J Instr# 200400091854 COUNTY AND CITY Linn county Iona JOAN MCCALAANT RECORDER„ PROJECT AGREEMENT BK5700 P°4 -4 2 S WHEREAS, both Linn County, Iowa hereinafter referred to as County and the City of Fairfax, hereinafter referred to as City-are public agencies 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 City apply bituminous materials for a seal coat surface on county portions of Longview,drive in exchange for an equal value County project to apply bituminous materials for a seal coat surface on Southview Road from Highway 151 west, and WHEREAS, the City Council and the County Board of Supervisors have informed themselves as to the proposed improvements. 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 relative to the proposed roadway improvements project and., said cooperative actions include the following: 1) DURATION _ 'This Agreement shall commence on the date that both parties sign this agreement or work starts on either project and shall continue thereafter until the final completion of the two projects. 2) PURPOSE.- The purpose of this Agreement is to accomplish the proposed projects as described herein in accordance with the aforesaid scope of work and in agreement with conditions specified in this Agreement. 3) ADMINISTRATION- The City shall be responsible for the Longview project and the County shall be responsible for the administration of the Southview project. 4) 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 parry or its agents, employees, or workmen in any respect whatsoever. 5) 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 intj s agreement. y _� b FINANCING- The Cit shall finance the Longview project and t �' . shall finance the Southview project. � � � " Ca:EngineerlAgreementslFairFaxlSouthv c andLongview Seal Agreement.doc L 1 c ' ' s I video 7) TERMINATION: - a) This Agreement shall be considered binding upon the City and the County and shall not be terminated until provisions of paragraph 7b are met after actual work has begun on the two projects. 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 6 thereof Executed in duplicate each of which shall constitute as original on this�day of WA 12004, BOARD OF SUPERVISORS LINN COUNTY, IOWA ATT'ES LININ C Y A O CITY OF FAIRFAX BY i r ATTEST: tac . � CIS FAlRFAX CIT CLERK.' ¢bMep f G:TngineerlAgrmnentsTairfaxSouth v ew:and Longview Seal Agreememdoc °- - i � w a lit COUNTY AND CITY4, PROJECT AG WIEREAS,both Linn County, Iowa hereinafter referred to as County and the City of Fairfax, hereinafter referred to as City are public agencies as is defined by Section 28E.2 of the Code of Iowa, and )NEEREAS, 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 WITEREAS, it is proposed, that the City apply bituminous materials for a seal coat surface on county portions of Longview drive in exchange ge for an equal value County project to apply bituminous materials for a seal coat surface on Southview Road from highway 151 west, and WBEREAS, the City Council and the County Board of Supervisors have informed themselves as to the proposed improvements, 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 relative to the proposed roadway improvements project and,, said cooperative actions include the following: 1) DURATION ® This Agreement shall commence on the date that both parties sign this agreement or work starts on either project and shall continue thereafter until the final completion of the two projects. 2) PURPOSE.- The purpose of this Agreement is to accomplish the proposed projects as described herein in accordance with the aforesaid scope of work and in agreement with conditions specified in this Agreement. 3) ADMINISTRATION- The City shall be responsible for the Longview project and the County shall'be responsible for the administration of the Southview project. 4) 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. 5) 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 dome in connection with any of the matters set forth in this agreement. 6) FINANCING The City shall finance the Longview project and the County shall finance the Southview project, QWairfix\Sou"ew and Ungvim seid AgreenvmLdoc 7) TE ATIO : a a.) This Agreement shall be considered binding upon the City and the County and shall,not be terminated until provisions of paragraph 7b are net mer actual work has begun on the two projects. 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 6 thereof. Executed in duplicate each of which shall constitute as original on this day of 6 Q)A 2004, BOARD OF SUPERVISORS LDIN COUNTY, IOWA ATTEST: LINN COUNTY AUDITOR CI'T'Y OF FAIRF'AX BY ATTEST': C F AX C G: u" ns s ax