September 14, 2021

The Benton County Board of Supervisors met in regular session with Supervisors Seeman, Bierschenk, and Primmer present. The meeting was called to order at 9:00 a.m. at the conference room at the Benton County Service Center. Members of the public were provided the zoom access capability to join in during open session and livestream at https://www.youtube.com/bentoncountyiowa. Unless otherwise noted, all actions were approved unanimously. Summarized Resolutions will be available in the Auditor's office and at: www.bentoncountyia.gov ( https://www.youtube.com/bentoncountyiowa)

Bierschenk moved/Primmer seconded: To approve minutes of September 7, 2021. Motion carried.

Primmer moved/Bierschenk seconded: To adopt Resolution #21-75, Abate Taxes. Motion carried.

RESOLUTION #21-75

WHEREAS, the County of Benton has acquired property for right of way purposes and were given the appropriate notice of the taxes due; and

WHEREAS, said entity failed to pay said tax; and

WHEREAS, Iowa Code 445.63 provides that the board of supervisors shall abate the tax if the governing body fails to immediately pay the tax,

IT IS THEREFORE RESOLVED that the 2020 tax assessed against parcels listed below as follows are hereby abated in the amounts listed pursuant to Iowa Code 445.63: the treasurer is directed to strike the amount listed due from the county system.

Parcel # Taxes Due:

710-00042 $16.00

740-06062 $6.00

740-04122 $4.00

740-07412 $30.00

740-10872 $12.00

740-13442 $8.00

720-00372 $8.00

700-00812 $12.00

880-01362 $10.00

740-11062 $2.00

510-08001 $8.00

740-14562 $48.00

700-00562 $4.00

900-05762 $14.00

510-08002 $14.00

510-08003 $14.00

Dated this 14th day of September, 2021

____________________________________

Tracy Seeman, Chairman

____________________________________

Gary Bierschenk

____________________________________

Rick Primmer

ATTEST:

_____________________________________

Gina Edler, Deputy Benton County Auditor

Primmer moved/Bierschenk seconded: To adopt Resolution #21-76 Intergovernmental (28E) Agreement between the Iowa Department of Natural Resources and Benton County, Iowa. Motion carried.

RESOLUTION #21-76

INTERGOVERNMENTAL (28E) AGREEMENT BETWEEN THE IOWA DEPARTMENT OF NATURAL RESOURCES AND BENTON COUNTY, IOWA

WHEREAS, both the Iowa Department of Natural Resources and Benton County, Iowa are public agencies as 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, section 455B.172(9) of the Code of Iowa, section 455B.187 of the Code of Iowa, and 567 IAC 38.15-16 provide for the Iowa Department of Natural Resources to delegate its authority for regulation of the construction, reconstruction, and abandonment of private water wells and issuing permits for private water wells to a county board of supervisors or the board's designee while retaining concurrent authority, and

WHEREAS, section 34.2 of the Benton County Code of Ordinances provides that the Benton County Board of Health is responsible for the enforcement of 567 IAC 49 and 567 IAC 39 in Benton County and through its designee Benton County Environmental Health shall be responsible for issuance of required permits for well construction.

IT IS NOW AGREED that the Iowa Department of Natural Resources, Benton County, Iowa, and Benton County Environmental Health enter into an intergovernmental agreement pursuant to Chapter 28E of the Code of Iowa providing for cooperative action pursuant to the conducting of programs for the evaluation and issuance of private water well construction and reconstruction permits and said cooperative actions include those outlined in the attached intergovernmental agreement.

Signed this 14th day of September, 2021.

___________________________________

Tracy Seeman, Chairman

___________________________________

Gary Bierschenk

___________________________________

Rick Primmer

ATTEST:

___________________________________

Gina Edler, Deputy Benton County Auditor

IOWA DNR AGREEMENT ID 21ESDWQBEDAY0001

INTERGOVERNMENTAL (28E) AGREEMENT BETWEEN

THE IOWA DEPARTMENT OF NATURAL RESOURCES

AND

BENTON COUNTY, IOWA

THIS INTERGOVERNMENTAL (28E) AGREEMENT (Agreement) is entered into by the Iowa Department of Natural Resources (Department), the Benton County Board of Supervisors (County Board), and the designated County private water well permitting entity (Benton County Environmental Health) (jointly referred to as the County.)

I. Authority: This agreement is entered into pursuant to the authority in Iowa Code sub-sections 455B.172(3) and (9) and section 455B.187; 567 Iowa Administrative Code (IAC) sections 38.15-17; and Iowa Code chapter 28E.

II. Statement of Purpose: The purpose of this agreement is to establish the terms and conditions for delegation to designated county Permitting Agencies of the Department's permit-issuing authority with respect to private water well construction and reconstruction (hereafter, jointly,

"construction"), as provided in Iowa Code subsections 455B.172(3) and (9), section 455B.187 and administrative rules in Chapters 38 and 49 (IAC) applicable to county delegation. The agreement specifies the extent and manner of cooperation between the two agencies in conducting programs for the evaluation and issuance of private water well construction and reconstruction permits. This agreement places emphasis on assuring the County well program meets or exceeds the minimum standards required by the Department.

III. Entire Agreement: This Agreement, its amendments, and its attachments shall constitute the entire agreement between the Department and the County with respect to delegation of the Department's authority to issue and ensure compliance with private water well construction permits. To the extent that the terms of this Agreement conflict with an act of the Iowa Legislature or with 567 IAC Chapters 38 and 49, (hereafter jointly referred to as Chapter 38 and Chapter 49 (IAC)), that act or those Chapters shall control.

IV. A. Concurrent Jurisdiction: The Department retains concurrent jurisdiction with the County over the permitting for the construction and reconstruction of private water wells as provided in Iowa Code section 455B.187. Nothing in this Agreement or its attachments shall be construed as limiting the power of the Department to issue or deny private water well construction permits or to take any other action, including taking enforcement action in any manner and against any person, consistent with the provisions of Chapter 38 (IAC) and Chapter 49 (IAC), or any other rules established or to be established under Division III of Chapter 455B, which the Department and/or the Environmental Protection Commission deem necessary for the continued proper implementation of Iowa Code section 455B.187 or related sections of the Iowa Code.

B. No Defense Created: Nothing in this Agreement shall be construed as creating a defense for any person except the County in any action by or against the Department, and no person except the County may use the terms of this Agreement as a defense against the Department in any action by or against the Department.

V. Review for Compliance: This section of this Agreement shall apply in the event that any of the following items are either rescinded, declared invalid or improper by a court of law, a final administrative action, or an act of the Iowa Legislature, or are rendered moot and/or void for any reason: all or part of this Agreement; and/or all or part of the applicable County ordinances, regulations, and/or resolutions referred to in this agreement; and/or all or part of said Chapters 38 and 49 (IAC). In such an event, the remaining rules, ordinances, and/or resolutions shall remain in full force and effect. Upon notice of such an event, the Department shall promptly review the remaining rules, ordinances, and/or resolutions to determine this Agreement's continuing compliance with Iowa Code subsections 455B.172(3) and (9) and section 455B.187 and any rule enacted under the authority of those sections.

VI. Certification of Authority: The County certifies it has lawfully adopted private well construction and reconstruction permitting ordinances or enforceable regulations in accordance with Iowa Code section 455B.172(3) that satisfy one of the following standards:

* The ordinances or regulations adopt by reference Chapters 38 and 49 (IAC); or

* The ordinances or regulations adopt Chapters 38 and Chapter 49 (IAC) in their entirety; or

* The ordinances or regulations are consistent with and no less stringent than Chapters 38 and 49 (IAC); or

* The ordinances and regulations grant express authority to the Permitting Agency to implement Chapters 38 and 49 (IAC) as provided in Iowa Code subsections 455B.172(3) and

(9).

The County further certifies these ordinances and regulations grant the county authority to enforce violations of the above ordinances and regulations, or the authority to enforce violations of Chapters 38 and 49 (IAC) as provided in Iowa Code subsections 455B.172(3) and (9). The Department may periodically review the county ordinances and regulations to determine that they are consistent with and no less stringent than Chapters 38 and 49 (IAC), and that the County has adequate authority to enforce their local ordinances or regulations, or has the authority to enforce Chapters 38 and 49 (IAC) as provided in Iowa Code subsections 455B.172(3) and (9).

VII. Duties:

A. Duties of the County

1. Personnel: The County represents that it either has, or will acquire no later than the date of signing this agreement , all personnel required for the performance of the work specified under this Agreement.

2. Continued Employment: The County shall continue to employ sufficient personnel to perform the services of this Agreement for the duration of the Agreement.

3. Documentation: Prior to or immediately upon the signing of this Agreement, the County shall submit the following information to the Department:

i. The name(s), title(s), and all relevant work contact information of the employee(s) and/or the division(s) designated within the Permitting Agency that will be responsible for implementing the provisions of this agreement and the delegation authorities specified in Section VI above.

ii. A copy of the County regulations and/or County ordinance(s) and/or adopting resolutions authorizing the County to implement and enforce the water well construction permit rules of Chapters 38 and 49 (IAC) pursuant to the County's certification under Section V of this Agreement.

4. Compliance with Administrative Rules: The County shall comply with all applicable administrative rules in Chapter 38 and 49 (IAC).

5. Permit Application Review and Permit Issuance:

i. The Permitting Agency shall review all private water well construction permit applications for requests to construct private water wells (which shall include all applications to modify, repair, or upgrade existing private wells) on property or portions of property located within the County in accordance with the provisions of County ordinances, regulations, and the provisions of Chapters 38 and 49 (IAC), except as provided in subrule 567 IAC 38.15(4) and rule 567 IAC 38.16.

ii. In its review, the Permitting Agency shall determine:

1) If the proposed well location falls within an area that is regulated by federal, state, or local institutional controls.

2) If the proposed well will withdraw less than 500 gallons per minute and the proposed location is known to be within 1000 feet of a previous or current known contaminated site or leaking underground storage tank (LUST) site as shown on the Department's Facility Explorer tool.

3) If the proposed well will withdraw 500 gallons or more per minute and the proposed location is known to be within 2,500 feet of a previous or current known contaminated site or LUST site as shown on the Department's Facility Explorer tool.

4) If the water well construction permit is submitted for a project requesting 10 or more boreholes.

5) If the proposed well location falls within an area where the well is also regulated by a local governing body through the use of municipal ordinances or local covenants.

When proposed water well construction application meets any of the criteria stated in section

VII.A.5.ii.1, VII.A.5.ii.2,VII.A.5.ii.3, VII.A.5.ii.4, or VII.A.5.ii.5 of this Agreement, the Permitting

Agency shall consult with the Department before the issuance of a well construction permit. The Department will perform an environmental review that is expected to last, but is not limited to, 14-28 days, after which the Department will notify the Permitting Agency if the private well construction permit will be issued, and what, if any, additional construction standards will be required.

iii. If after the review of an application, the Permitting Agency determines that the proposed construction of a private water well complies with all applicable laws, rules, and county ordinances, and is pursuant to the authority granted to the County by this Agreement, the Permitting Agency shall issue a private well construction permit in a timely manner to the applicant.

iv. If the review by the Permitting Agency determines that an application should be denied, the Permitting Agency shall provide a written explanation to the applicant stating the reasons for the denial and shall include notice of the right to appeal the denial.

6. Compliance, Inspections and Monitoring: The County has the primary responsibility for enforcing its laws and regulations relating to the private water well construction permit program as long as this delegation agreement is in force.

7. Monitoring for Compliance: It is expected that the County and/or Permitting Agency will monitor compliance with issued well construction permits by initiating full or partial on-site inspection and monitoring of permitted wells. The Department shall be allowed access to any reports of such or similar inspections or monitoring activities.

8. Enforcement Action by the Permitting Agency: Should the Permitting Agency take enforcement action against permits issued by the Permitting Agency for applicable violations of Chapters 38 and 49 (IAC), as well as County rules, ordinances, and/or regulations, such enforcement action shall be handled in accordance with the noncompliance provisions of the County ordinances and regulations or any other applicable County ordinance, resolution, rules and/or regulations.

9. Intergovernmental Cooperation: The County shall submit such information as the

Department may require to show compliance with the private water well construction rules and the adequate implementation of the permitting authority delegated to the County.

10. Reporting: Pursuant to 567 IAC 38.15(3), the Permitting Agency shall enter all new permit information on the internet access program called Private Well Tracking System (PWTS) before the well is constructed. The Permitting Agency shall ensure that well construction log information has also been entered in the PWTS within 90 days after well construction. 11. State Permit Fees: Pursuant to subrule 567 IAC 38.5(1), the County shall submit to the Department a fee of $25 for each well permit issued. These fees shall be submitted within 90 days of well permit issuance. Fees must be submitted along with DNR form 542-8073.

B. Duties Of The Department

1. Administrator: The Department shall be the administrator of this Agreement for purposes of Iowa Code section 28E.6(1) to ensure its terms are properly carried out.

2. Review of County Program: The Department shall periodically review the rules, policies and procedures of the County and/or Permitting Agency to ensure consistency with Chapters 38 and 49 (IAC). The Department shall advise the County and Permitting Agency of its findings in writing. Such reviews shall not be more frequent than once a year unless the Department provides prior written notice. The Department shall conduct at least one review within the 12 months prior to the expiration date of this agreement.

3. Technical Assistance: The Department shall provide technical assistance and well program information to the County programs.

4. Areas of Contamination: The Department shall make available the technical resources to help the Permitting Agency determine the boundaries of known sources of contamination so that the Permitting Agency can determine if additional Department consultation and authorization is required by the applicant relating to the potential for groundwater contamination.

5. Water Allocation Permits: If the use of a proposed well intends to withdraw greater than 25,000 gallons per day, the Department shall, through its normal water allocation procedures under 567 IAC Chapters 50-54, provide the applicant a review of the proposed withdrawal prior to the use of the proposed well.

6. Compliance: The Department states its intention to limit its involvement in compliance activities or enforcement actions related to the Permitting Agency or private well construction permits issued by the Permitting Agency to:

i. Audits of the County and/or Permitting Agency's compliance with this Agreement; and ii. Review and comment on any proposed changes in the County and/or Permitting

Agency's rules, ordinances, policies, and/or procedures related to this Agreement; and iii. Compliance activities or enforcement actions against any person where:

1) The County specifically requests the Department's involvement and the

Department agrees to accept responsibility; or

2) The Department determines that the County program's enforcement response is inappropriate or untimely, after providing notice to the County and Permitting Agency in writing and allowing the County

and/or Permitting Authority a reasonable opportunity to act prior to initiating any Department compliance activies or enforcement actions; or

3) The Department is enforcing the provisions of 567 IAC 38.15(4), 38.16 and 38.17.

7. Intergovernmental Cooperation: In addition to the assistance and cooperation noted regarding specific issues above, the Department will keep the County informed of state and federal developments which may affect the private water well construction program in the County.

VIII. Amendments: This Agreement may be amended at a later date by mutual agreement of the parties. Additionally, this Agreement expressly includes "Attachment A: Memoranda of Understanding," which shall include all memorandums of understanding between the County and the Department that are entered into before or after the signing of this Agreement that provide for specific procedures to be used by those parties in the implementation of this Agreement.

IX. Period of Agreement: This Agreement is valid for an initial period of up to five years, beginning upon approval and signature of the County and the Department, and shall end five years after the signed date. This Agreement may be renewed by amendment for up to an additional to five years. Such an amendment may expressly include a duplication of this section of the Agreement to allow

for future extensions. This Agreement may remain in effect up to a period of one month after the expiration date through a memorandum of understanding between the County and the Department if renewal negotiations are in progress and additional time is required.

X. Legal or Administrative Entity Created: No new legal or administrative entity is created by this agreement.

XI. Manner of Financing: The functions to be performed by the County, under the provisions of this agreement, are to be financed by the County at no obligation to the Department. The County may use permitting fees charged to all eligible applicants pursuant to 567 IAC 38.5. However, the County is not necessarily limited to the funding source referenced above.

XII. Acquiring, Holding, or Disposing of Real Property: The functions of this Agreement do not require the acquisition, holding, or disposal of real property. In the event that an amendment to this Agreement or a memorandum of understanding included in Attachment A requires the acquisition, holding, or disposal of real property, this Agreement shall be amended to detail a manner of acquiring, holding, or disposing of real property.

XIII. Termination: The Department or the County may terminate this agreement by providing to the other party a written notice of intent to terminate this agreement at least 60 days prior to the intended date of termination. The notice shall specify the reasons for termination, and shall be delivered by sending the notice to the person listed below via U.S. Certified Mail.

Chairperson Benton County Board of Supervisors 111 E 4th St Vinton, IA 52349 Director Department of Natural Resources 502 E 9th St Des Moines IA 50319-0034

Upon termination, the County shall transfer to the Department all private water well construction permit program records in its possession, including file copies of permits, permittee files, unused application forms, all pending applications and pending fees, and all other documents generated as a result of this program. No later than 30 days following the stated termination date, the County shall deliver the above materials to the Department at the following address: Iowa DNR - Water Supply Section, 502 E 9th St, Des Moines IA 50319-0034.

XIV. Filing and Recording: The Department shall file a copy of this agreement electronically with the Iowa Secretary of State in accordance with Iowa Code section 28E.8.

ATTACHMENT A: Memoranda of Understanding

None.

IN WITNESS THEREOF, the Department and the County have executed two copies of this agreement that include, each of which shall be considered an original.

IOWA DEPARTMENT OF NATURAL RESOURCES

Date:

Iowa Department of Natural Resources

BENTON COUNTY IOWA

Date:

(Signature)

Tracy Seeman, Chairman

Benton County Board of Supervisors

Benton County Environmental Health

Date:

(Authorized Signature)

Marc Greenlee- Benton County Environmental Health Director

Bierschenk moved/Primmer seconded: To approve Benton County Rural Access Hub Policies and Procedures. Motion carried.

Primmer moved/Bierschenk seconded: To approve Resolution #78. Motion carried.

R E S O L U T I O N # 78

WHEREAS, Benton County has applied for Fiscal Year (FY) 2022 Living Roadway Trust Funds for a 2021 Vermeer BC 1500 (165 hp Gas) Brush Chipper, and

WHEREAS, this equipment will make the local IRM program more effective, and

WHEREAS, the IDOT has approved for funding up to $15,000 for the application submitted, and

WHEREAS, the IDOT has prepared a project development agreement,

BE IT THEREFORE RESOLVED by the Benton County Board of Supervisors that the project development agreement be approved, and

BE IT FURTHUR RESOLVED by the Benton County Board of Supervisors that Roadside Biologist, Ben Bonar be authorized to sign and execute the project development agreement.

Signed this 14th day of September, 2021.

_______________________________________

Chairman, Board of Supervisors

_______________________________________

_______________________________________

ATTEST: ___________________________________

Gina Edler, Deputy Benton County Auditor

Seeman moved/Bierschenk seconded: To adopt Resolution #21-77 Hiring George Haefner in Weed Department. Primmer abstained vote. Motion carried.

RESOLUTION #21-77

WHEREAS: Benton County Weed Department has a position to fill for Assistant Roadside Biologist and

WHEREAS: Applications have been received for the position and narrowed down to one; and

WHEREAS: George Haefner has been performing the duties as part-time since June 1, 2020; and

WHEREAS: This applicant is recommended for this position.

BE IT THEREFORE RESOLVED BY The Benton County Board of Supervisors that George Haefner be hired as Assistant Roadside Biologist $20.19 per hour starting September 14, 2021. This is an Equipment Operator III classification with a Labor Grade VA.

Signed this 14th day of September, 2021.

______________________________________

Tracy Seeman, Chairman

_____________________________________

Gary Bierschenk

______________________________________

Rick Primmer-abstained vote

ATTEST:

_____________________________________

Gina Edler, Deputy Benton County Auditor

Primmer moved/Bierschenk seconded: To approve the purchase of 6 garage door openers for main Weed building from Ollinger Garage Doors for an amount of $5,630.00. Motion carried.

Ben Bonar told the Board he was going to hold off on advertising/hiring of a part-time intern until they get their wood chipper.

Phil Borleske updated the Board on the Camp Event the Historical Preservation Commission was hosting on October 2, 2021. It is postponed until May 1, 2022 due to COVID-19. Borleske also stated they were to discuss the Courthouse clock at their next meeting since the clock is not keeping time and the bell does not ring.

Supervisor Seeman gave a quick update on the Conservation meeting. On October 11, 2021 at 1:00 p.m. the Conservation Department is planning on doing the park tour with the Board of Supervisors.

Board acknowledged resignation of Full Time Correctional Officer, Heather Baker.

Board acknowledged retirement of Kenneth Bahr from Secondary Roads.

Primmer moved/Bierschenk seconded: To approve updated 28E agreement for Road maintenance and snow/ice control with Linn County.

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

ROAD MAINTENANCE AND SNOW & ICE CONTROL AGREEMENT

COUNTY OF BENTON AND

LINN COUNTY SECONDARY ROAD DEPARTMENT

WHEREAS, for the benefit of the traveling public and the mutual benefit of the Benton County, Iowa and Linn County, Iowa, and

WHEREAS, to effectively deal with common street and road maintenance problems which occur on shared portions and are considered to be of a normal and routine nature, to enhance consistency of related traffic control measures and to provide a more cost effective maintenance program, and

WHEREAS, to effectively deal with the common problem of snow removal and ice control on road surfaces and to promote the safer flow of traffic;

NOW THEREFORE, Benton County, Iowa (Benton County) and Linn County, Iowa (Linn County) herewith enter into agreement for maintenance and upkeep of roads and for snow and ice control on those roads as listed and shown on attached Exhibits and under the provisions hereinafter stated.

MAINTENANCE

Benton County shall provide normal and routine maintenance on Linn County portions of roads indicated. Linn County shall provide normal and routine maintenance on Benton County portions of roads indicated. For the purpose of this agreement, normal and routine maintenance shall include the work listed below. If the work item is deemed above and beyond normal and routine maintenance as determined by the maintenance County, the work item(s) shall be completed by project agreement and negotiated separately.

* minor ditch cleaning

* granular surface grading & spot rocking

* shoulder repair (No additional rock required)

* minor surface repairs such as crack sealing or pothole repair

* debris removal, illegal dumping clean up and dead animal disposal

* mowing - any and all mowing along County secondary roads shall be in accordance with Iowa Code 314.17

* tree and shrub removal (10' from the edge of the road, minimum)

* tree-trimming (16' vertical and 16' horizontal from the centerline of the road. All trimming to follow ANSI A-300 Pruning standards)

* pavement markings

* sweeping

* sign repairs

* minor bridge repair and culvert repair shall be the responsibility of the jurisdiction assigned that section of road

Each party shall control their maintenance operations as required by their respective policies and employees are to be covered by their own employer's insurance. It is the intent of this agreement that both parties shall act responsibly and promptly, taking into account its own rules and tempering its response according to type and severity of the maintenance issues that arise.

Normal and routine maintenance does not include the following work items:

* paving

* seal coating

* rock surfacing

* shoulder rock

* full depth patching and grading

* bridge and culvert rehabilitation or replacement

* weed control or eradication - all county roadside areas are included in Linn County's integrated roadside vegetation management plan

These work items are to be negotiated separately between either jurisdictions department heads or designees. If the proposed work exceeds $5,000 a maintenance project agreement shall be completed and shall be approved by the respective Boards prior to completion of the work.

It shall be the responsibility of each jurisdiction to erect and maintain signs deemed appropriate within road segments where they have maintenance jurisdiction control.

The cost of resurfacing rock surfaced roads shall be paid for by the owner County. The County responsible for the maintenance of the segments shall communicate with the owner County as to the amount of rock resurfacing requested and the method of placement.

Dust Control shall be permitted by the jurisdiction that has maintenance jurisdiction control. Residents who wish to obtain dust control must obtain a permit from the entity with maintenance jurisdiction control

Work within right-of-way permits must be applied for through the jurisdiction that has maintenance control and must follow said jurisdictions policies and standards. Entrance permits must be obtained through the jurisdiction where the property is located. Notification of approved entrance permits along shared roads must be forwarded to the jurisdiction that has maintenance control.

Linn County shall be responsible for completing bridge inspections for all Linn/Benton shared county line bridges in accordance with the National Bridge Inspections Standards (NBIS) and Iowa Department of Transportation (IDOT) Instructional Memorandum (IM) 7.020. These bridges include the following:

1) Bridge #220480, (Fairfax 1701 or 1701)

a. 91' X 32' Concrete slab bridge, on Linn-Benton Rd

2) Bridge #220400 (Fairfax 1723 or 1723)

a. 183' X 22' Steel beam concrete slab bridge on Linn-Benton Rd.

3) Bridge #220391 (Fairfax 1732 or 1732)

a. 48' X 24' Timber bridge with timber slab on Linn-Benton Rd.

4) Bridge #221831 (Fayette 617 or 617)

a. 72' X 25' Timber bridge with aluminum deck on Linn-Benton Rd.

5) Bridge #221821 (Fayette 1910 or 1910)

a. 24' X 24' Timber bridge with timber slab on Linn-Benton Rd.

6) Bridge #221730 (Fayette 1912 or 1912)

a. 152' X 21' Steel beam concrete slab bridge on Linn-Benton Rd.

7) Bridge #223351 (Grant 1589 or 1589)

a. 68' X 26' Steel Rail Car deck on concrete abutments on Linn-Benton Rd.

CONSTRUCTION

* Both jurisdictions shall approve plans and specifications before contracts are let or construction begins.

* The cost of all new construction, regardless of type, shall be borne based on jurisdictional limits.

* The planning and project administration of this construction shall be the responsibility of the jurisdiction that has the maintenance responsibility for the segment.

* A 7.5% project administration fee shall be included with the project invoice. The 7.5% fee applies to project costs within said jurisdiction.

* Each jurisdiction is to acquire rights-of-way within its own respective boundaries, as required.

Each County as deemed necessary shall provide snow and ice control on the other's portion of the routes as listed and as shown on the attached. Each party shall control their operations as directed by their individual winter maintenance policies. It is the intent of this agreement that both parties shall act responsibly and promptly, taking into account their policy and the type, severity, and duration of the storm.

Requests for additional snow and ice control on roads within any unincorporated areas may be considered by Linn County, and Linn County shall be reimbursed from Benton County for the reasonable cost of this service. The requested additional work may be performed after Linn County has completed its regularly scheduled work outside of the unincorporated area. The routes listed in this agreement may be reviewed periodically by each County.

Requests for additional snow and ice control on roads within the unincorporated area may be considered by Benton County, and Benton County shall be reimbursed from Linn County for the reasonable cost of this service. The requested additional work may be performed after Benton County has completed its regularly scheduled work inside the unincorporated area. The routes listed in this agreement may be reviewed periodically by each County.

Each County agrees to save and indemnify and keep harmless, each other against all liabilities, judgments, costs, and expenses which may in any way come against either County or which in any way result from carelessness or neglect of either party or its agents, employees, or workmen in any respect whatsoever.

Each County agrees 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 either 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.

This agreement shall supersede any previous shared road maintenance and snow & ice control agreements and be in effect from the date of approval by the Benton County Board of Supervisors and the Linn County Board of Supervisors and shall remain in effect until 30 days following either party providing a written notice for termination.

This agreement as hereby entered into by both parties is executed in three copies, either of which constitutes the original.

For the County of Benton, Iowa dated this day of , 20 .

For Linn County, Iowa dated this day of , 20 .

Reviewed by Linn County Engineer


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