WHEREAS, BOTH the City and CCSD desire to complete the 76 th Avenue SW improvements on the same schedule as the new elementary school construction,

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1 City/CCSD 28E Agreement January 21, 2013 Page 1 28E Agreement between the City of Cedar Rapids, Iowa (City) and College Community School District (CCSD) regarding the reconstruction of 76 th Avenue SW adjoining CCSD campus WHEREAS CCSD will be constructing a new elementary school in 2013/2014 on the south side of 76 th Avenue that will access 76 th Avenue at a location across from the Prairie Heights Elementary School driveway on the north side of 76 th Avenue, and WHEREAS, because of the new school and for safety and efficient traffic flows, the City is requiring the addition of a left turn lane, re-alignment of the roads and driveways for the two schools to be directly across from each other and sidewalk construction, and WHEREAS, the existing condition of 76 th Avenue SW is poor and it is appropriate to replace 76 th Avenue SW in conjunction with this required work, and WHEREAS, BOTH the City and CCSD desire to complete the 76 th Avenue SW improvements on the same schedule as the new elementary school construction, 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 76 th Avenue SW from the future J Street SW extension to Prairie Hawk Drive SW, as shown on the attached Project Concept Drawing, Exhibit A. a. Scope: The project would include removing the existing pavement, constructing a new 41 foot wide curbed street with grading, storm sewer and sidewalk. New sidewalk will be constructed on the south side of 76 th Avenue SW from the College Community driveway at Prairie Crest Elementary to Kirkwood Boulevard SW, and turning southerly on Kirkwood Boulevard SW to meet sidewalk to be constructed by the CCSD under separate project. Sidewalk will also be constructed on the west side of the new Prairie Elementary School along the north-south entrance road to connect to the 76 th Avenue sidewalk. b. Schedule: Construction is anticipated to occur during the 2014 construction season, with road closures to occur on weekends prior to summer when CCSD is in hiatus, and full closure during summer 2014 CCSD hiatus. Roadway is anticipated to be open to traffic for Fall 2014 school semester, with final completion continuing until the end of the 2014 construction season \76 th Avenue SW City of Cedar Rapids College Community 28E Agreement January 2013

2 City/CCSD 28E Agreement January 21, 2013 Page 2 Project Development 1. Project Design: City would be responsible for providing the project plans and specifications to meet the City criteria for a 41 foot wide curbed pavement surface and a graded urban cross section and side street extensions as shown in the attached exhibit. College Community 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 the 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. CCSD will be responsible for landscaping along the CCSD campus and outside of 76 th Avenue SW separate from this agreement. Financing 1. The parties agree that the opinion of probable cost for this project is $1,240,000 as shown on attached Exhibit B. Because there are other properties involved along the project corridor, the City intends on specially assessing the project to the other properties and accordingly will prepare an assessment district which includes CCSD. CCSD s estimated cost share for the 76 th Avenue project bordering its campus is estimated between $375,000 and $425,000 as shown on the attached Exhibit C. 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 assessment. Any final costs, based upon actual expenditures, which exceed the preliminary assessment 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 \76 th Avenue SW City of Cedar Rapids College Community 28E Agreement January 2013

3 City/CCSD 28E Agreement January 21, 2013 Page 3 5. CCSD agrees to provide temporary grading easements for this project at no cost to the project. 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 Alissa Kaiser Deputy City Clerk College Community School District Randy Bauer Board President James Rotter Board Secretary \76 th Avenue SW City of Cedar Rapids College Community 28E Agreement January 2013

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