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Home My WebLink AboutRESOLUTION NO. 2015-92 RESOLUTION 2015-92 A RESOLUTION ENTERING INTO A 28E AGREEMENT BETWEEN LINN COUNTY AND CITY OF FAIRFAX FOR CULVERT REPLACEMENT WHEREAS,the Fairfax City Council, Linn County, Iowa, pursuant to Iowa Code Chapter 28E, proposes that the City of Fairfax entered into a 28E Agreement to have Linn County staff prepare plans, survey, let for bidding, inspect, and administer a project to replace a culvert known as structure#1177 on 76th Avenue with Linn County, Iowa; and WHEREAS, the State of Iowa provides that public agencies of the State of Iowa may enter 28E Agreements; and WHEREAS,the Hall and Hall Engineers,Inc.,has recommended entering into this 28E Agreement; and WHEREAS,the 28E Agreement is attached to this resolution; and NOW, THEREFORE BE IT RESOLVED, by the Fairfax City Council, Linn County, Iowa, that the City of Fairfax does hereby enter into the attached 28E Agreement to have Linn County staff prepare plans, survey, let for bidding, inspect, and administer a project to replace a culvert known as structure #1177 on 76th Avenue with Linn County, Iowa. This 28E Agreement shall be filed with the Secretary of state within 30 days of the effective date as required by Chapter 28E of the Code of Iowa. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute this resolution of approval. Passed and approved this 10th day of November 2015. AYES: Beer, Frieden, Magers, and Wainwright NAYS: None ABSENT: Otto Jaso f abe, Mayor ATTEST: r ..... �X ' s. 4, .,d ,� �Q`•.. • y• hia Stimson, City Clerk/Treasurer4.44 0 • O (r) F •••... 4 iV"4 •I•~4••....NIN�M� 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 COUNTY AND CITY PROJECT AGREEMENT eement entered into this - day of l gr ��I �i�tlC'111,�et`)�� This aby and between Linn County, Iowa,hereinafter referred to as County,and the City of Fairfax,hereinafter referred to as 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 County prepare plans,survey,let for bidding, inspect and administer a project to replace structure#1177 on 76th Avenue,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 structure replacement project and,said cooperative actions include the following: 1) SCOPE OF WORK—Prepare plans,survey, let for bidding,project inspection and administration, and any other items associated with the replacement of structure#1177 on 76th Avenue. Work is to include construction of a pre-cast concrete box culvert and any other bid items required for completion of this project as shown in project plans. 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. G:\Engineer\Agreements\28E\In Process\Fairfax\Fairfax-RCB 1177 Replacement 28E.docx Page 1 of 2 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 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 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. 7) FINANCING-The County shall initially finance the cost of the project.The City shall reimburse the County for the actual cost of construction based on proposed plans and attached project estimate for the portion of the project within their corporate limits as they exist at the time the project is complete plus 7.5%for County survey,design,administration,and inspection services.Payment shall be made within 30 days of receipt of detailed invoice. 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 day of BOARD OF SUPERVISORS CITY COUNCIL LINN COUNTY,IOWA CITY OF FAIRFAX, IOWA ire-�4 I ATTEST: ATTEST: O.( , LINN COUNTY AUDITOR F R1 AX CITY CLERK Q,/. . v G:\Engineer\Agreements\28EUn Process\Fairfax\Fairfax-RCB 1177 Replacement 28E.docx 2 T Page 2 of 2 tL y C O ,i J =C RESOLUTION 2015-92 A RESOLUTION ENTERING INTO A 28E AGREEMENT BETWEEN LINN COUNTY AND CITY OF FAIRFAX FOR CULVERT REPLACEMENT WHEREAS, the Fairfax City Council, Linn County, Iowa, pursuant to Iowa Code Chapter 28E, proposes that the City of Fairfax entered into a 281`1 Agreement to have Linn County stall" prepare plans, survey, let for bidding, inspect., and administer a project to replace a culvert known as structure #1177 on 76"' Avenue with Linn County, Iowa,- and WHEREAS, the State of Iowa provides that public agencies of the State of Iowa may enter 28E Agreements, and WHEREAS,the Hall and Hall Engineers,Inc.,has recommended entering into this 28E Agreement; and WHEREAS, the 28E Agreement is attached to this resolution; and NOW, THEREFORE BE IT RESOLVED, by the Fairfax City Council, 1-11111 County, Iowa, that the City of Fairfax does hereby enter into the attached 28E Agreement to have Linn County staff prepare plans, survey, let for bidding, inspect, and administer a project to replace a culvert known as structure #1177 on 76th Avenue with 1-11111 County, Iowa. This 28E Agreement shall be filed with the Secretary of state within 30 days of the effective date as required by Chapter 28E of the Code of Iowa. NOW, THEREFORE, BE IT FUR-1-HER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute this resolution of approval. Passed and approved this 10"' day of November 2015. AYES: Beer, Frieden, Magers, and Wainwright NAYS: None ABSENT: Otto Jaso,` abe, Mayor Al"!TEST: ...... C Cy ia Stimson, City Clerk/Treasurer Prepared By:Linn County Secondary Road Dept., 1888 County home Rd,Marion,IA.52302,(319)892-6400 Return To:Linn County Auditor,935 2nd Street SE,Cedar Rapids,IA 52404,(319)892-5300 COUNTY AND CITY PROJECT AGREEMENT j This agreement entered into this day of J.' by and between Linn County, Iowa,hereinafter referred to as County,ana the City of Fairfax,hereinafter referred to as 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 County prepare plans,survey, let for bidding, inspect and administer a project to replace structure#1177 on 76`''Avenue,and WI-IEREAS,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 structure replacement project and, said cooperative actions include the following: I) SCOPE OF WORK—Prepare plans, survey,let for bidding,project inspection and administration, and any other items associated with the replacement of structure#11.77 on 76"'Avenue. Work is to include construction of a pre-cast concrete box culvert and any other bid items required for completion of this project as shown in project plans. 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. i G:\Engineer\Agreements\28E\1n Proccss\PairfaxWairfax-RCB 1177 Replacement 28E.docx Page i of 2 I 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 carelessness or neglect of either party or its agents,employees, or workmen in any respect whatsoever. 6) The City and County agree to indemnil} 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. 7) FINANCING-The County shall initially finance the cost of the project.The City shall reimburse the County for the actual cost of construction based on proposed plans and attached project estimate for the portion of the project within their corporate limits as they exist at the time the project is complete plus 7.5%for County survey, design,administration, and inspection services.Payment:shall be made within 30 days of receipt of detailed invoice. 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 oti.the day of_ ,and by the City of Fairfax on the___day of BOARD OF SUPERVISORS CITY COUNCIL LINN COUNTY, IOWA CITY OF FAIRFAX, IOWA _ y ATTEST: ATTEST: LINN COUNTY AUDITOR FAl 'AX CITY CLERK GAEngineer\Agrecmcnts\28EUn ProcessTairfax\Fairfax-RCB 1177 Replacement 28E.docx Page 2 of 2 t U = 3d QG qC 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 COUNTY AND CITY PROJECT AGREEMENT 1 22CI5 This agreement entered into this /f) day of A/oiitn k2 , ,by and between Linn County, Iowa,hereinafter referred to as County, and the City of Fairfax,hereinafter referred to as 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 County prepare plans, survey, let for bidding, inspect and administer a project to replace structure#1177 on 76th Avenue, 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 structure replacement project and, said cooperative actions include the following: 1) SCOPE OF WORK—Prepare plans,survey, let for bidding,project inspection and administration, and any other items associated with the replacement of structure#1177 on 76th Avenue. Work is to include construction of a pre-cast concrete box culvert and any other bid items required for completion of this project as shown in project plans. 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. G:\Engineer\Agreements\28E\In Process\Fairfax\Fairfax-RCB 1177 Replacement 28E.docx Page 1 of 2 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 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 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. 7) FINANCING-The County shall initially finance the cost of the project.The City shall reimburse the County for the actual cost of construction based on proposed plans and attached project estimate for the portion of the project within their corporate limits as they exist at the time the project is complete plus 7.5%for County survey,design, administration,and inspection services. Payment shall be made within 30 days of receipt of detailed invoice. 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 i triplicate,each of which shall constitute as original,by Linn County on the day of_ �f r ,`. ry5, and by the City of Fairfax on the day of , . BOARD OF SUPERVISORS CITY COUNCIL LINN CP Y, IOWA. / CITY OF FAIRFAX, IOWA . � // `rim ,=== e, di • TTEST: ATTEST: 0 LOA ,� 6 Aid. VN CO lakUDITv = ArliFAX CITY CLERK 4 \ •• 4'1:'' ! ctiJti L,. G:\Engineer\Agreements\28E\In Process\Fairfax\Fairfax-RCB 1177 Replacement 28E.docx C' ; 4 ' Page2of2 - i / , • LINN COUNTY SECONDARY ROAD DEPARTMENT ENGINEER'S PROJECT ESTIMATE-28E AGREEMENT Project No.: L-RCB 1177(16) Late Start Date: May 30,2016 Type of work:Reinforced Concrete Box Culvert Working Days: 25 Location: On 76th Ave approximately 2400'west of Lefebure Road in City of Fairfax. Liquidated Damages:$1,000/Day Letting Date:January 26,2016 Proposal Guaranty:$12,500 Date: November 2,2016 ITEM ESTIMATED UNIT REF. CODE ITEM UNIT QUANTITY PRICE AMOUNT 1 2102-2710070 Excavation,Class 10,Roadway&Borrow CY 250.000 $11.00 $ 2,750.00 2 2210-0475105 Choke Stone Base TON 75.000 $17.00 $ 1,275.00 3 2210-0475290 Macadam Stone Base TON 50.000 $17.00 $ 850.00 4 2401-6745650 Removal of Existing Structure LS 1.000 $15,000.00 $ 15,000.00 5 2402-0425031 Granular Backfill _TON 450.000 $17.00 $ 7,650.00 6 2402-2720000 Excavation,Class 20,Roadway Pipe Culvert CY 750.000 $10.00 $ 7,500.00 7 2415-2111206 Precast Conc Box Culvert,12'x 6' LF 60.000 $1,000.00 $ 60,000.00 8 2507-6800061 Revetment,Class E TON 400.000 $30.00 $ 12,000.00 9 2528-8445110 Traffic Control LS 1.000 $500.00 $ 500.00 10 2533-4980005 Mobilization LS 1.000 $8,000.00 $ 8,000.00 11 2601-2636043 Seed+Fertilize(Rural) ACRE 0.500 $800.00 $ 400.00 12 2610-2634100 Mulch ACRE 0.500 $800.00 $ 400.00 Project Cost Subtotal: $ 116,325.00 Contingency(15%): $ 17,448.75 Linn County Survey,Design,Aministration,and Inspection(7.5%): $ 10,033.03 Project Cost Total Estimate: $ 143,806.78 Bradley J.ketels Date Linn County Engineer-Administration