WHEREAS, the CCSD has agreed to reimburse the City for the cost of the sidewalk, trail, and the bioretention area

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1 City/CCSD 28E Agreement February 14, 2017 Page 1 28E Agreement Between the City of Cedar Rapids, Iowa (City) and College Community School District (CCSD) Regarding the construction of a roundabout at the intersection of Kirkwood Boulevard SW and College Community School District South Access Drive WHEREAS increased traffic at the intersection of Kirkwood Boulevard SW and the south school access drive warrants improvements to the intersection for safe and efficient flow of traffic, and WHEREAS, the City will be constructing a roundabout at the intersection of Kirkwood Boulevard SW and the south CCSD school access drive to provide safe and efficient traffic flow, and WHEREAS, the construction of the roundabout will include addition of sidewalk, pedestrian curb ramps, and a trail to improve the accessibility and safety for pedestrians, and a bioretention area to treat stormwater runoff from CCSD property before being discharged to Hoosier Creek, and WHEREAS, the CCSD has agreed to reimburse the City for the cost of the sidewalk, trail, and the bioretention area NOW THEREFORE, the City and CCSD agree as follows: Intent 1. By this agreement, the parties hereto intend to plan and implement a construction project to reconstruct the intersection of Kirkwood Boulevard SW and the south CCSD school access drive, as shown on the attached Project Concept Drawing, Exhibit A. a. Scope: The project would include removing the existing intersection pavement, constructing a new roundabout intersection, storm sewer, culvert, sidewalk, trail, landscaping, and lighting. b. Schedule: Construction is anticipated to occur during the 2017 construction season, with road closures to occur on weekends prior to summer when CCSD is in hiatus, and full closure during summer 2017 CCSD hiatus. Roadway is anticipated to be open to traffic for Fall 2017 school semester, with final completion continuing until the end of the 2017 construction season and possibly into the 2017 spring seeding and planting season.

2 City/CCSD 28E Agreement February 14, 2017 Page 2 Project Development 1. Project Design: The City will be responsible for providing the project plans and specifications to meet City criteria for a roundabout intersection and a graded urban section, side street connections, pedestrian sidewalk and trail facilities as shown in the attached Exhibit A. CCSD will review the plans and specifications, and will not unreasonably withhold concurrence prior to the project being put out for bids. Reimbursement for design work shall be per the benefit share as determined through the City assessment process. 2. Project Administration: After CCSD concurrence of the design plans and specifications, the City shall order bids to be received, and enter into a contract for the construction of the project. City shall administer and inspect the construction of the project. The City shall receive acceptance of the construction along the CCSD campus property prior to the City accepting the work. Such approval shall not be unreasonably withheld. 3. City will maintain all items within the Kirkwood Boulevard Right of way and center islands of the side streets, with the exception of mowing the turf grass within the right of way which will be done by CCSD. Financing 1. The parties agree that the opinion of probable cost for this project is $1,951,070 as shown on attached Exhibit B. CCSD s estimated cost share for the sidewalk, trail, and bioretention improvements is estimated to be $78,560 as shown on the attached Exhibit B which is ultimately 100% responsibility of CCSD. Although the indication is this is an assessment project, the City and CCSD agree that CCSD, in lieu of being specially assessed, will pay its share of the project within 30 days of City accepting the project. 2. Any underage of the opinion of probable cost for the total project, based upon actual costs upon completion, shall be credited to CCSD in the form of a reduced amount below the preliminary estimate. Any final costs, based upon actual expenditures, which exceed the preliminary estimate amount, shall be reimbursed by CCSD to the City. 3. The City shall make all payments to the contractor for work completed. At final project acceptance, the City shall prepare final assessments, per Iowa Code Section 384 for billing within the assessment district and reimbursement by CCSD per Financing items 1 and 2 above. 4. This agreement constitutes an assessment petition by CCSD per Iowa Code Section CCSD waives notice of the assessment to property owner by publication and mailing and also waives objection to the assessment. 5. CCSD agrees to provide temporary grading easements and permanent roadway right of way for this project at no cost to the project.

3 City/CCSD 28E Agreement February 14, 2017 Page 3 Recitals 1. City and CCSD agree to hold each other harmless from actions arising from this agreement unless such actions are the result of negligence or intentional acts resulting in damages. 2. This document represents the entire agreement between the City and CCSD regarding this project. Any subsequent changes or modifications to the terms of this agreement will be in the form of a duly executed amendment to this document. 3. If any section, provision, or part of this agreement shall be found to be invalid or unconstitutional, such a finding shall not affect the validity of the agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the agreement cannot be fulfilled. 4. This agreement may be executed in two counterparts, each of which so executed will be deemed to be an original City of Cedar Rapids, Iowa Jeffrey A. Pomeranz City Manager Amy Stevenson City Clerk Date Date College Community School District Randy Bauer Board President James Rotter Board Secretary Date Date

4 I= /SPLIT I= I= R= D /TRI SPLIT I= /TRI SPLIT I= I= /SPLIT I= I= HY SDW1 /DROP P P WAT /SVC EAST FN B /4 CHAINLINK R= D I= BM /VERT /NGS186 CN L186 E R= D I= R= DS KIRKWOOD BLVD I= I= R= CNT /CUT X CNE E N2006 KIRKWOOD BLVD R= DS R= R= DS T /VE /VE VE R= DS VE T R= DS P P E /VE E G R= S R= E R= S E L CNE PT CLS MHL /SEE PHOTO CNT /GROMET TIFT STA R= R= R= LS B /EDGING ROCK HY HY R= S BOX CULVERT REPLACEMENT R= GAS R= S SIDEWALK TRAIL TEMPORARY STORMWATER BMP AREA EASEMENT PROPOSED ROW SCHOOL SERVICE ROAD PROPOSED ROW TEMPORARY EASEMENT TRAIL DEMOLISH AND RECONSTRUCT CULVERT SIDEWALK TEMPORARY EASEMENT $USERNAME$ $PLTDRVS$ $PENTBLS$ $DATE$ $TIME$ $FILEL$ O FEET TEMPORARY EASEMENT SIDEWALK 100 EXHIBIT A KIRKWOOD ROUNDABOUT R TRAIL LEGEND PROPOSED ROW TEMPORARY EASEMENT SIDEWALK AND TRAIL STORMWATER BMP AREA

5 EXHIBIT B CITY OF CEDAR RAPIDS, IOWA MOBILIZATION LS $150, $75, $75, $0.00 $150, $150, CONSTRUCTION SURVEYS LS $11, $9, $1, $0.00 $11, $11, TRENCH COMPACTION TESTING LS 1 1 $2, $2, $0.00 $0.00 $2, $2, SUBGRADE AND SUBBASE COMPACTION TESTING LS 1 1 $1, $1, $0.00 $0.00 $1, $1, CONCRETE MATURITY TESTING FOR PCC PAVEMENT LS 1 1 $1, $1, $0.00 $0.00 $1, $1, TRAFFIC CONTROL LS 1 1 $10, $10, $0.00 $0.00 $10, $10, EROSION AND SEDIMENT CONTROL TEMPORARY EROSION AND SEDIMENT CONTROLS, ROADWAY AND PAVING TEMPORARY EROSION AND SEDIMENT CONTROLS, CULVERT LS 1 1 $2, $2, $0.00 $0.00 $2, $2, LS 1 1 $2, $2, $0.00 $0.00 $2, $2, SILT FENCE LF 3,400 3,400 $4.50 $15, $0.00 $0.00 $15, $15, FILTER SOCKS LF 1,700 1,700 $1.88 $3, $0.00 $0.00 $3, $3, FILTER SOCKS AT STORM SEWER STRUCTURES EA $62.67 $1, $0.00 $0.00 $1, $1, CLEARING AND GRUBIING LS 1 1 $3, $3, $0.00 $0.00 $3, $3, REMOVALS REMOVAL OF EXISTING PAVEMENTS, DRIVEWAYS, CURB, AND GUTTER SY 5,187 5,187 $17.43 $90, $0.00 $0.00 $90, % 5446 $94, REMOVAL OF EXISTING SIDEWALKS SY $11.25 $4, $0.00 $0.00 $4, % 392 $4, MILLING OF HMA PAVEMENT, 3IN SY $5.17 $1, $0.00 $0.00 $1, % 399 $2, SAWCUTTING OF PAVEMENT (FULL-DEPTH) LF $2.00 $ $0.00 $0.00 $ $ REMOVAL OF STORM SEWER STRUCTURES EA 3 3 $ $1, $0.00 $0.00 $1, $1,749.00

6 CITY OF CEDAR RAPIDS, IOWA REMOVAL OF STORM SEWER AND CULVERT PIPE LF $36.63 $26, $0.00 $0.00 $26, $26, REMOVAL OF EXISTING BOX CULVERT, 12'x8' R W/ WINGWALLS AND APRON LS 1 1 $8, $0.00 $8, $0.00 $8, $8, RELOCATION OF EXISTING BOULDER ON SITE LS 1 1 $ $0.00 $0.00 $ $ $ EXCAVATION UNCLASSIFIED EXCAVATION AND EMBANKMENT (WHICH SHALL INCLUDE BOULDERS UP TO 1/2 CUBIC YARDS) CY 2,666 2,666 $12.00 $31, $0.00 $0.00 $31, $31, STRIP AND RESPREAD TOPSOIL CY 1,923 1,923 $15.00 $28, $0.00 $0.00 $28, $28, BORROW, OFF SITE, CONTRACTOR FURNISHED CY 4,578 4,578 $25.00 $114, $0.00 $0.00 $114, $114, SUBGRADE PREPARATION SY 7,189 7,189 $3.00 $21, $0.00 $0.00 $21, % 7548 $22, GRANULAR SUBBASE CY 1,052 1,052 $15.53 $16, $0.00 $0.00 $16, % 1105 $17, SPECIAL BACKFILL CY 3,167 3,167 $16.00 $0.00 $50, $0.00 $50, $50, TRENCH STABILIZATION TON $18.00 $ $0.00 $0.00 $ $ RAIN GARDEN BEDDING STONE AND FILTER AGGREGATE CY $25.00 $0.00 $0.00 $1, $1, % 42 $1, GRANULAR BACKFILL CY $15.53 $5, $0.00 $0.00 $5, % 368 $5, STORM SEWER STORM SEWER MAIN, TRENCHED, R CL III, 15IN LF $ $43, $0.00 $0.00 $43, $43, STORM SEWER MAIN, TRENCHED, R CL III, 24IN LF $ $41, $0.00 $0.00 $41, $41, STORM SEWER MAIN, TRENCHED, R CL III, 30IN LF $ $40, $0.00 $0.00 $40, $40, STORM SEWER MAIN, TRENCHED, R CL III, 36IN LF $ $21, $0.00 $0.00 $21, $21, STORM SEWER MAIN, TRENCHED, R CL III, 42IN LF $ $37, $0.00 $0.00 $37, $37,740.00

7 CITY OF CEDAR RAPIDS, IOWA SUBDRAIN, 6IN LF $24.00 $2, $0.00 $0.00 $2, % 105 $2, SUBDRAIN, RAIN GARDEN, 6IN HDPE LF $24.00 $0.00 $0.00 $1, $1, % 58 $1, CULVERT, PRECAST REINFORCED CONCRETE ARCH WITH INTEGRAL BOTTOM, 24FT SPAN x 9FT RISE LS 1 1 $299, $0.00 $299, $0.00 $299, $299, FLARED END SECTION, DR-201, 24IN EA 2 2 $ $ $0.00 $0.00 $ $ FLARED END SECTION, DR-201, 42IN EA 1 1 $ $ $0.00 $0.00 $ $ STORM SEWER MANHOLE, SW-401, 48" DIA. EA 1 1 $4, $4, $0.00 $0.00 $4, $4, STORM SEWER MANHOLE, SW-402, 5FTx5FT. EA 1 1 $4, $4, $0.00 $0.00 $4, $4, STORM SEWER MANHOLE, SW-402, 6FTx6FT EA 1 1 $4, $4, $0.00 $0.00 $4, $4, STORM SEWER MANHOLE, SW-404, 6FTx6FT EA 1 1 $4, $4, $0.00 $0.00 $4, $4, STROM SEWER INTAKE, SW-507 EA 5 5 $4, $22, $0.00 $0.00 $22, $22, STROM SEWER INTAKES, SW-508 EA 3 3 $5, $15, $0.00 $0.00 $15, $15, STROM SEWER INTAKES, SW-509 EA 2 2 $6, $12, $0.00 $0.00 $12, $12, STROM SEWER INTAKES, SW-510 EA 7 7 $6, $44, $0.00 $0.00 $44, $44, STROM SEWER INTAKES, SW-541S EXT EA 1 1 $5, $5, $0.00 $0.00 $5, $5, STROM SEWER INTAKES, RAIN GARDEN OUTLET STRUCTURE, NYLOPLAST DRAIN BASIN, 12IN DIA. EA $ $0.00 $0.00 $ $ $ REVETMENT TON $45.00 $0.00 $14, $0.00 $14, % 361 $16, TEMPORARY STREAM CROSSING LS 1 1 $3, $0.00 $3, $0.00 $3, % 1 $3, ROADWAY AND PAVING PORTLAND CEMENT CONCRETE PAVEMENT, JOINT- REINFORCED,C-3, 8IN SY 6,011 6,011 $47.67 $286, $0.00 $0.00 $286, % 6312 $300,871.59

8 CITY OF CEDAR RAPIDS, IOWA PORTLAND CEMENT CONCRETE SIDEWALK, 5IN SY $35.00 $0.00 $0.00 $26, $26, % 793 $27, PORTLAND CEMENT CONCRETE TRAIL, 6IN SY $37.00 $0.00 $0.00 $27, $27, % 783 $28, PORTLAND CEMENT CONCRETE SIDEWALK RAMP SF $45.00 $0.00 $0.00 $4, $4, % 98 $4, HOT MIX ASPHALT CONCRETE OVERLAY, PG 70-28, 1/2" AGG., 3IN TON $81.00 $0.00 $0.00 $7, $7, % 103 $8, PAVEMENT MARKINGS, PAINTED STA $85.00 $6, $0.00 $0.00 $6, % 75 $6, SITE WORK AND LANDSCAPING IMPORTED TOPSOIL (CONTINGENCY) CY $45.00 $27, $0.00 $0.00 $27, $27, IMPORTED SOIL, RAIN GARDEN ENGINEERED SOIL CY $50.00 $0.00 $0.00 $2, $2, $2, SEEDING, FERTILIZING AND MULCHING, TYPE 6, RURAL ACRE 1 1 $1, $1, $0.00 $0.00 $1, $1, SODDING SY 3,950 3,950 $10.42 $41, $0.00 $0.00 $41, $41, PLANTINGS, FURNISHING AND INSTALLATION, OVERSTORY TREES PLANTINGS, FURNISHING AND INSTALLATION, ORNAMENTAL TREES PLANTINGS, FURNISHING AND INSTALLATION, SHRUBS, 5 GAL PLANTINGS, FURNISHING AND INSTALLATION, RAIN GARDEN SHRUBS, 5 GAL PLANTINGS, FURNISHING AND INSTALLATION, PERENNIAL GRASSES, 1 GAL PLANTINGS, FURNISHING AND INSTALLATION, RAIN GARDEN PERENNIAL AND GRASSES, 1 GAL EA $ $20, $0.00 $0.00 $20, $20, EA $ $16, $0.00 $0.00 $16, $16, EA $50.00 $2, $0.00 $0.00 $2, $2, EA $50.00 $0.00 $0.00 $ $ $ EA $20.00 $19, $0.00 $0.00 $19, $19, EA $20.00 $0.00 $0.00 $5, $5, $5, STONE RETAINING WALL TON $45.00 $ $0.00 $0.00 $ $ HANDRAIL, SS PIPE LF $80.00 $0.00 $6, $0.00 $6, $6, ROADWAY LIGHTING AND SIGNS

9 CITY OF CEDAR RAPIDS, IOWA SERVICE CABINET EA 1 1 $11, $11, $0.00 $0.00 $11, $11, SERVICE CABINET FOOTING EA 1 1 $1, $1, $0.00 $0.00 $1, $1, LIGHTING UNIT EA $4, $57, $0.00 $0.00 $57, $57, LIGHTING UNIT FOOTING EA $ $12, $0.00 $0.00 $12, $12, HANDHOLE, NOT TRAFFIC RATED EA 2 2 $ $1, $0.00 $0.00 $1, $1, WIRE - 1C #12 LF 5,304 5,304 $10.00 $53, $0.00 $0.00 $53, $53, WIRE - 1C #6 INSULATED GROUND LF 1,693 1,693 $14.00 $23, $0.00 $0.00 $23, $23, CONDUIT - 2" PVC SCHEDULE 80 LF 1,166 1,166 $15.00 $17, $0.00 $0.00 $17, $17, CONDUIT - 3" PVC SCHEDULE 80 LF $20.00 $5, $0.00 $0.00 $5, $5, PERMANENT TRAFFIC SIGNS, WITH POSTS, PER PLANS EA $ $2, $0.00 $0.00 $2, $2, SUBTOTAL: $1,386,492 $458,932 $78,560 $1,923,984 TOTAL: $1,951,070 Roadway Culvert Rain Garden

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