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HomeMy WebLinkAboutRESOLUTION NO. 2017-20 RESOLUTION 2017-20 WHEREAS, the City of Fairfax and Linn County Secondary Road Department share portions of 80"' Street; and WHEREAS, the City of Fairfax and Linn County Secondary Road Department have drafted a Shared County and City Project Agreement; and WHEREAS, this Agreement is attached along with and exhibit showing the road responsibilities. 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 14t1' day of March, 2017. AYES: Beer, Daly, Kell, and Volk NAYS: None ABSENT: Wainwright Burnell Frieden, Mayor ATTEST: ) thia 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 2,d Street SE,Cedar Rapids,IA 52404,(319)892-5300 COUNTY AND CITY PROJECT AGREEMENT A.. This agreement entered into this day ofL,JI( '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 plan, design and let for bidding a construction project to repair and overlay with Portland Cement Concrete(PCC) the existing pavement, shoulder and apply pavement markings on shared portions of 80"Street SW, 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-Design,let and construct improvements to 80°i Street SW per plans and specifications produced by the Linn County Engineer. Work is to include concrete overlay, granular shoulder,pavement marking, staking, inspection, and other items to complete the project. Other items may include grading,patching, culvert extensions or replacements, etc. 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:ACity of Fairfax\Doeuments\City Counci1\2017\Supporting Documents\Fairfax-8001 Sheet SW Paving 28E.doex 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 will finance the entire cost of the project which includes approximately 2000' of roadway that is shared City/County jurisdiction. In lieu of payment for this project,the City shall design, administer and finance a future paving project on 801h Street SW. At a minimum,the future paving project shall include all shared City/County jurisdiction roads from HWY 151 to the south project limits of this project. 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 when the City fulfills 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 ,J7iU�t _ 7 BOARD OF SUPERVISORS LINN COUNTY, IOWA CITY OF FAIRFAX a r ATTEST: ATTEST: 01T ` OF FAIRFAX CITY CLERK J LINN COUNTY AUDITOR G:ACity of Fairfax\Documents\City Council\2017\Supporting DocumentsTairfax-80th Street SW Paving 28E.doex Page 2 of 2