HomeMy WebLinkAboutRESOLUTION NO. 2004-04 RESOLUTION NO. �a -
RESOLUTION APPROVING 28E AGREEMENT WITH LIINN COUNTY IOWA
FOR IMPROVEMENTS ON 80TH STREET WITHIN THE CITY OF FAIRFAX, 7
IOWA.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA,
That the 28E agreement with Linn County, Iowa for improvements on 80th Street
within the City of Fairfax Is hereby approved and the Mayor and City Council are
hereby authorized to execute said agreement.
PASSED AND APPROVED THIS DAY OF Aprill, '2004,
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ABSENT: CLr
Williamii"Foss, Mayor
ATTEST:
Nancy lickinger,beputy City Clerk
8E PROJECT AGREEMENT
This agreement entered into this day of 2004, by and between Linn County,
Iowa and City of Fairfax, Iowa.
WHEREAS,both Linn County and City of Fairfax 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 a 24' width bituminous asphalt overlay (4" thick) with 6' granular
shoulders be constructed on 80"' Street from Highway 151 north to Highway 30,and
WHEREAS, the Linn County Board of Supervisors and the City of Fairfax City Council have informed
themselves as to the proposed improvement;
IT IS NOW AGREED that Linn County and the City of Fairfax enter into an agreement pursuant to
Chapter 28E of the Code of Iowa providing for cooperative action pursuant to the proposed construction
project arid, said cooperative actions include the following;
1) 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. The parties may mutually
terminate this agreement with payment of any and all outstanding bills and by mutual agreement
between the parties.
2) PURPOSE--The purpose of this Agreement is to accomplish the proposed project as described in
plans in accordance with the aforesaid scope of work and in agreement with conditions specified
in this agreement.
3) ADMINISTRATION—Linn County shall be responsible for the administration and construction
of this project in accordance with Iowa Department of Transportation Highway Division Plans fcrr
the proposed improvement on the farm to market road system {reference Project Number FM-
0057(69)—55-571. The project administrator shall be the Linn County Engineer,
4) Linn County and City of Fairfax agree to save and indemnify and keep harmless,each other
against all liabilities,judgements, costs, and expenses which may in any way come against either
public agency or which in any way result from carelessness or neglect of either party or its agents,
employees,or workmen in any respect whatsoever.
5) Linn County and City of Fairfax agree to indemnify and hold each other,their employees and
agents, wholly banuless from any damages, claims, demands, or suits by any person or persons
arising out of any acts or omissions by Linn County or City of Fairfax, its agents, servants or
employees in the course of any work done in connection with any of the matters set forth in this
agreement.
6) FINANCING—City of Fairfax and Linn County agree to the following:
a) Linn County shall initially finance the cost of the project.
b) City of Fairfax shall reimburse Linn County for the first half of the cost of
construction within City Corporate Linuts at the time:of project completion
and the second half of it's share the following fiscal year in accordance with
rates and prices established in the construction contract for the proposed
improvements(refer to attached project estimate),
Reimbursement is due upon submittal of billing showing actual cost based on contract unit prices.
7) TERMINATION—
a) This agreement shall be considered binding upon.Lieut County and City of Fairfax
and shall not be terminated until provisions of paragraph 7b are met after a contract
has been entered into by Linn County for this project,
b) This agreement will be terminated upon final acceptance of the work by both Linn
County and Fairfax 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 2004.
FINN COUNTY BOARD OF SUPERVISORS
Chairperson
Vice-Chairperson -
Supervisor
'i
ATTEST:
Linn County Auditor
CITY OF FAIRFAX
Mayor_
Council Member
Council Member
Council Member
Council Member
Council Member