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Cost Share Agreement with ACHD - Ustick Rd, Duane Dr/Campton WyADA COUNTY HIGHWAY DISTRICT INTERAGENCY COST SHARING AND LICENSE AGREEMENT PROJECT NAMES: Ustick Rd, Duane Dr/Campton Way Project No. 507004.001 THIS AGREEMENT ("Agreement") is made and entered into this dayApril, of 2011, by and between the ADA COUNTY HIGHWAY DISTRICT, a body p corporate politic and co orate of the State of Idaho, 3775 Adams Street, Garden City, Idaho 83714 ("ACHD") and the CITY OF MERIDIAN, an Idaho municipal corporation ("City"). RECITALS A. ACHD is a single county -wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve and operate public rights-of-way in Ada County. B. City is a public entity organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. City is a municipal corporation with the jurisdiction, authority and police power to regulate and control municipal activities within the City, including, without limitation, the authority to expend funds for the placement, installation and maintenance of landscaping and other aesthetic features in or on public rights-of-way within the City. C. ACHD plans to construct roadway and intersection improvements along Ustick Rd, Duane Dr/Campton Way, ACHD Project # 507004.001. The "Project" is defined and further described in Section 1 of this Agreement. As part of the Project, ACHD is planning to widen an existing roadway, which will consist of a five lane roadway with curb, gutter, sidewalk and bike lanes. A copy of the Scope of Work for Ustick Road, Duane Drive / Campton Way, ACHD Project # 507004.001 is attached hereto as Exhibit A and by reference incorporated herein. D. City desires to incorporate and fund certain landscaping improvements that are to be incorporated into a portion of the Project, as generally depicted on Exhibit B and further described and defined in Section 1 of this Agreement. The City has agreed to fund and pay the costs associated with the construction and perpetual maintenance of the desired landscaping buffer area which will include installation of rotomill material as an interim treatment until the adjacent parcel develops and/or redevelops and the City shall require the Developer to install and maintain the appropriate landscape features that are to be incorporated into the Project. E. Section 3109.6 of ACHD's Policy No. 3109, Interagency Cost Share Policies and Procedures (the "Cost Share Policy") set forth on Exhibit C and incorporated herein states that INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 1 ACHD will provide interested partnering agencies, including City, the opportunity id Y pp y to identify desired aesthetic features and adopt an interagency cost share agreement. F. ACHD is in the process of designing the Project. ACHD has determined that it is possible for the Project to include certain aesthetic features requested and designed b the City. g Y Y G. The City has agreed to fund and pay the additional cost associated with the design, construction and maintenance of the desired interim treatments and landscaping p g improvements that it has requested be incorporated into the Project. H. In connection with City's obligation to construct, repair, replace, and maintain the interim treatment and landscaping improvements, City has requested, and ACHD is willing to grant, a license to City. I. ACHD and the City desire by this Agreement to work cooperatively and to set forth their respective duties and obligations that are authorized by law to perform, and to allocate certain costs and responsibilities, each with regard to the Project and in accordance with the Cost Share Policy. J. The parties have the authority to enter into this Agreement pursuant to Idaho Code § 67-2332, which provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: SECTION 1. PROJECT DESCRIPTION The "Project" shall consist of and are defined as the "ACHD Components" and the "City Components," which in turn consist of and are defined as follows: 1.1 ACHD Components: The "ACHD Components" of the Project are defined as and consist of the following: Travel lanes, bike lanes, curb and gutter, sidewalk (5' detached or 7.5' attached), traffic control devices (traffic signal, signage, striping, and intelligent transportation system facilities), storm water structures and other associated work as depicted on Exhibit A. The ACHD Components fall within one of the categories set forth in the Cost Share Policy. ACHD has the authority and power to construct and fund the ACHD Components pursuant to the provisions of Title 40, Chapters 13 and 14 of the Idaho Code. INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 2 1.2 City Components: The "City Components" of the Project are defined as and consist of the following: Aesthetic features including landscaping features and/or other ACHD approved rotomill material ("Interim Improvements") in the buffer strip shown on Exhibit B. The City Components fall within one of the categories set forth in the Cost Share Policy, which also include the Interim Improvements as set forth herein. The City Components onents are non - transportation components of the Project over which ACHD lacks authority to fund. SECTION 2. PROJECT DESIGN AND DESIGN COSTS 2.1 Approval of Plans. ACHD shall approve or disapprove, in its sole discretion, the Project design plans in accordance with the following provisions of this Section 2. In approving pp g any plans and specifications provided by City, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the City Components, and the responsibility therefore shall be and remain in City. 2.2 Design of ACHD Components. 2.2.1 Compliance with Standards and Specifications. ACHD shall design the ACHD Components in compliance with the standards of the American Association of State Highway and Transportation Officials ("AASHTO"), and the adopted ACHD rules and regulations. 2.2.2 Review and Comment by City. ACHD will provide the City with the ACHD Component design plans for all phases for the City's review and comment. ACHD shall inform the City of any deadlines for providing comments to ACHD concerning the Project. The City review period shall not exceed three weeks. ACHD will consider, but shall not be bound by the City's comments regarding the design of the ACHD Components 2.3 'Design of City Components. The City represents that it has designed the City Components in compliance with all ACHD rules and regulations. The City shall coordinate a review of the design of the City Components with ACRD. ACHD shall approve or disapprove, in its sole discretion, the City Component design plans. 2.4 Allocation of Design Costs. City shall be solely responsible for paying directly all of its design costs associated with the City Components. City shall also be responsible for reimbursing ACHD for all design costs associated with the Interim Improvements. ACHD shall be solely responsible for all design costs associated with the ACHD Components. In addition, if the City requests any design changes to the City Components that are approved by ACHD and that result in a change to the Project design plans and specifications, the City shall either pay directly or reimburse ACHD for any costs associated with the requested design changes. City INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 3 shall pay all design costs promptly but in no case later than thirty (30) days following receipt of an invoice or other written request from ACHD documenting such costs. SECTION 3. PROJECT CONSTRUCTION AND CONSTRUCTION COSTS 3.1 Construction to Conform with Plans and Law. The Project shall be constructed in conformance with the designs, plans and specifications provided or approved b ACHD pursuant pp Y to Section 2 above. Such design and construction shall comply with all applicable laws including ACHD rules and regulations, and good engineering practices. 3.2 City Construction Oblijzations. City shall be responsible for constructingthe City Y Components; provided, however, that ACHD shall install an Interim Improvements at the direction of the City and consistent with appropriate roadway safety guidelines and in accordance with the standards applicable to the City Components pursuant to this Agreement. City shall reimburse ACHD for all costs associated with the design, construction installation materials, and maintenance of the Interim Improvements. Interim Improvements will be used adjacent to properties in Ada County or undeveloped properties within Meridian City limits and will remain in place until such time as development occurs. At the time of development or annexation into the City is requested, City may require the adjacent n owner/developer to design, g, construct and maintain landscaping improvements within the buffer strip shown on Exhibit B. j The design and installation of landscaping within the buffer strips shall be sub ect to ACHD approval. 3.3 Special Provisions Applicable to Construction of Cit, Components. The final grading of all landscaped areas shall slope away from right-of-way "hardscape" improvements, including the edge of pavement, curbing, and sidewalks. City shall install or require that any landscaping and sprinklers are installed in a manner that eliminates irrigation flows and/or ponding of irrigation water with the ACHD right-of-way. Any perennial trees or plants that will extend roots deeper than 18 inches shall be prohibited over ACHD underground seepage beds, infiltration facilities or piping systems. Trees shall be offset from edge of seepage beds a minimum of 10 feet to allow for future root pruning, if necessary, and maintenance access for heavy equipment over beds. Infiltration areas shall not be covered with sod or non -free draining materials/soil. Access to inlets and outlets of ACHD drainage areas shall not be planted with trees, shrubs or any landscaping that would impede heavy equipment vehicle access. City shall observe or require the observance of the 40' sight triangle along the right-of-way and will not plant any shrubs or trees within the area or over any utility lines. All trees in the public right-of- way shall be maintained by City for clearance of 14' over all roadways measured at gutter plate and 8' over all sidewalks. City shall contact Digline Inc. prior to the start of any construction. 3.4 Allocation of Construction Costs. The City shall be solely responsible for the construction costs when it installs the City Components. In the event the City requires a Developer or other third party to install the City Components, the City shall ensure that any and all said improvements are designed, constructed and maintained in accordance with this Agreement. City agrees that if any additional construction costs for the City Components are INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 4 incurred, City shall be solely responsible to pay these additional costs or shall require the Developer or other third party to pay all the additional costs, if applicable. In addition, City shall also be responsible for reimbursing ACHD for all the installation, material and construction costs associated with the Interim Improvements. City shall reimburse all construction costs incurred by ACHD for the Interim Improvements promptly but in no case later than thirty (30) days following receipt of an invoice or other written request from ACRD, documenting such costs 3.5 Administrative Fee. The City shall reimburse ACHD for five percent (5%) of all additional costs incurred by ACHD in connection with the Project as a result of the installation of the City Components and the Interim Improvements, including without limitation overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the City Components and the Interim Improvements; mobilization, traffic control, flagging, detours, and weekly meetings, each of which shall be calculated on a protated bases. The prorated basis for the above items will be calculated using the percentage of the City Component and Interim Improvements construction costs as they relate to the total Project construction costs. City shall cooperate with ACHD and provide it with a full and complete accounting of all construction costs it incurs in order to allow ACHD to calculate this fee. SECTION 4. MAINTENANCE OF CITY COMPONENTS 4.1 Agreement to Perpetually Maintain and Care for City Components. Pursuant to the Cost Share Policy, ACHD's agreement to incorporate the City Components into the Project is expressly conditioned upon City's concurrent agreement to construct the City Components, and to perpetually replace, repair, maintain, and care for the City Components unless and until ACHD terminates the License granted to City pursuant to Section 6 below over the area in which City desires to place the City Components as described and/or depicted on Exhibit B attached hereto (the "Licensed Area"). City agrees that all construction, replacement, repair, maintenance, and care of the City Components shall be done at its sole cost and expense. Accordingly, City shall maintain the City Components in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering and landscaping practices. In addition, the City shall provide ACHD with a maintenance plan for all the City Components, which shall be subject to ACHD's review and approval. 4.2 Default. In the event City fails to replace, repair, maintain, or care for the City Components, ACHD shall supply notice to the City of the default and that corrective actions needed to cure the default. City shall have forty-five (45) days from the date it was notified by ACHD to remedy such default. If after forty-five (45) days the City fails to cure such default, ACHD shall have the right to terminate this Agreement, and/or terminate the license granted in Section 6 below, and/or enter upon the Licensed Area, retain contractors to make necessary repairs and replacements to the City Components, and bill the City for all costs incurred by ACHD personnel and independent third -party contractors retained by ACHD to cure such default by city. City agrees to pay this bill within thirty (30) days of receipt of an invoice from ACRD. INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 5 p ACRD may also elect to enter upon the Licensed Area, retain contractors to remove all City p Components and have the area replaced with hardscape. City agrees to pay all costs associated with the removal and replacement of the Licensed Area within thirty (30) days of receipt of an invoice from ACHD. 4.3 Relocation of Im rovements. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway (as used in the Ag g Y Agreement the term "Highway" " is as defined in Idaho Code § 40-109(5)) on and/or adjacent Licensed Area be widened and/or realigned, redesigned, improved and/or reconstructed, to the Lic y accepts City hereb responsibility for all costs for relocating, modifying or otherwise adapting p City Components to such realignment and/or relocation and/or reconstruction if required by the C y p ACHD which shall be accomplished by City according to designs, plans and specifications approved in advance b ACHD in writing; provided ACHD shall provide City with adequate pp y written notice as reasonablynecessary to allow City to redesign, relocate, modify or adapt the City p g Components to the reali nment and/or relocation and/or reconstruction of the Highway and also iso licenses Cit such additional area of its Licensed Area, if any, as may be necessary for the proper operation of the City Components. 4.4 Permit. If the proposed construction and installation of the City Components, or an reconstruction, repair, relocation or maintenance of the City Components requires City to Y p obtain ap ermit under ACHD policies, City shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. City shall contact ACHD's Construction Services division at 208 387-6280 to determine whether a permit is needed at any point during the term of this Agreement for any work it performs. 4.5 Damage. If the Highway on and/or adjacent to the Licensed Area is damaged as a result of: (i) the performance by City of the maintenance, repair, or replacement Y required b the this Agreement, or the failure or neglect to perform such q maintenance; and/or (ii)City's design, installation or use of the City Components, regardless of cause; then, at its sole cost and expense, City shall forthwith correct such deficiency and restore the Highway and the surface of the Licensed Area to the same condition it was in prior thereto, and if City shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event City agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 4.6 Emergency. Notwithstanding the provisions of Section 5.5, should an emergency exist related to the City's use of the Licensed Area which threatens the stability or function of the INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 6 Highway onoradjacent to the Licensed Area or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of City, any and all emergency repairs. 4.7 Relocation of Utilities. City will be responsible for the relocation of any existing utilities located in the Licensed Area as may be required in connection with any construction, instal rep installation, air, replacement, or maintenance of City Components by City in the Licensed Area. SECTION 5. LICENSE 5.1 Purnose of License. ACHD owns and have exclusive jurisdiction over the Licensed Area. Accordingly, City has requested a license to use the Licensed Area for the limited purposes hereinafter set forth in this Section 5. 5.2 Grant of License. On the terms and conditions hereinafter set forth, effective as of the date City begins ins installation of the City Components (which shall not occur unless and until City transfers the property as set forth in Section 4), ACHD shall extend to City a license on over, across and under the Licensed Area for the following uses and purposes (the "Authorized Use") and no others: the construction, maintenance, repair, replacement, and maintenance of the City Components of the Project. 5.3 Limits. This Agreement does not extend to City the right to use the Licensed Area to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the right-of-way has been a as opened public Highway, City's Authorized Use is subject to the rights of the public to use p the wa riht-of-for Highway purposes. City's Authorized Use is also subject to the rights of right-of-way holders of easements of record or obvious on inspection of the right-of-way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. 5.4. Waiver and Estoppel/Statement by City. City acknowledges and agrees that the license granted herein is temporary, and merely a permissive use of the Licensed Area pursuant to this Agreement. City further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before City has realized the economic benefit of the cost of installing the City Components, and City hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because City has expended funds in installing or maintaining the City Components and the Agreement has not been in effect for a period sufficient for City to realize the economic benefit from such expenditures. INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 7 5.5 Fee. There is no annual fee for the license granted hereunder. 5.6 No Title In Licensee. Except as expressly provided herein, the terms and conditions of this Agreement shall not create any type of property right, title or interest in City in or to the Licensed Area other than the right to temporarily use the same pursuant to the terms of this Agreement. 5.7 Taxes and Assessments. Cit agrees to pay all special assessments and personal rt taxes that may be levied and assessed on the City Components during the term of this property y Agreement. 5.8 Restoration on Termination. Upon termination of this Agreement for any reason, City promptly tl will remove all City Components and restore the Licensed Area to at least its p Y present condition. Should City fail or neglect to promptly remove the City Components and restore the Licensed Area, ACHD may do so, and assess City for the costs thereof. Provided, ACHD and City may agree in writing that some or all of such City Components are to remain on the Licensed Area following termination, and by entering into such an agreement City thereby disclaims all right, title and interest in and to the same, and hereby grants such City Components to ACHD at no cost. Further provided, if the Authorized Use of the Licensed Area under this p Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and thepurpose eneral government with jurisdiction has adopted ordinances, rules and g regulations governing the landscaping and maintenance of such right-of-way by owners of the g g g adjacentproperty,to the extent such owners are obligated to maintain and irrigate the � landscaping City need not remove the same from the Licensed Area. 5.9 Compliance with Law/Waste and Nuisance Prohibited. In connection with City's use of the Licensed Area, throughout the term of this Agreement, City covenants and agrees to: (i) compY1 and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, or storage disposal in, on or under the Licensed Area of any Hazardous Materials (defined as any p substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and p Y approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Licensed Area. City covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses(includingwithout limitation, reasonable attorneys' fees), arising directly or indirectly p . from or in an way connected with the breach of the foregoing covenant. These covenants shall Y Y survive the termination of this Agreement. 5.10 No Costs to ACHD. Any and all costs and expenses associated with City's Authorized Use of the Licensed Area, or the relocation of the City Components or utilities INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 8 thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of City. SECTION 6. INDEMNIFICATION v Y 6.1 City . Indemnit Cit hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of City, City's employees, contractors and agents, in connection with its activities under this Agreement and the exercise of any privileges or y g Y performance of an obligations of Cit hereunder, and including any attorney fees and costs that ed b ACHD in defense of such claims or actions indemnified against by City may be incurred y hereunder. For claims or actions arisingout of failures or neglect occurring during the term of this Agreement City's obligations pursuant to this section shall survive the termination of this y g Agreement. 6.2 ACHD Inde mnit . ACHD hereby indemnifies and holds City harmless from and y against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of ACHD, ACHD's employees, contractors and agents, in connection with its activities under this Agreement and the exercise of any privileges or performance of an obligations of ACHD hereunder, and including any attorney fees and costs Y Y that may be incurred b Cit in defense of such claims or actions indemnified against by ACHD hereunder. For claims or actions arising out of failures or neglect occurring during the term of this Agreement ACHD's obligations pursuant to this section shall survive the termination of this g Agreement. SECTION 7. TERM OF AGREEMENUTERMINATION The term of this Agreement will continue until terminated by ACHD, either (i) with or ut cause which termination shall be effective following thirty (30) days' advance written without . of termination given to Cit by ACHD, or (ii) upon default by City pursuant to Section 5.2 notice g Y above parties arties believe that this Agreement does not violate this provision of the Idaho Constitution. Without limitingthe foregoing, they agree and acknowledge that the City's agreement to maintain, repair, and replace the landscaping as set forth in this Agreement is an ordinary and necessary expense. Upon expiration of the thirty (30) days, ACHD may, at its n record a document reflecting the revocation of this Agreement in the official real option, property records of Ada County, Idaho. Termination of this Agreement shall not relieve City of any payment obligations for any amounts that are due and owing at the time of termination. SECTION 8. GENERAL PROVISIONS INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 9 8.1 Contact Information. The contact for the Ada County Highway District shall be Craig Herndon, Project Manager for the Project at (208) 387-6118. The contact for the City shall be Caleb Hood at (208) 884-5533. 8.2 The parties have the authority to enter into this Agreement pursuant to Idaho Code 67-2332, which provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. 8.3 Termination of Interagency Agreement/Nonappropriation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. Both parties believe that this Agreement does not violate this provision of the Idaho Constitution. Without limiting the foregoing, they agree and acknowledge that the City's agreement to maintain, repair, and replace the City Components is an ordinary and necessary expense. 8.4 No Liens. The City shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of the City, its agents, or contractors, to attach to public right-of-way or to any property held by ACRD. 8.5 Attorney Fees. In the event of any controversy, claim, suit, proceeding or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 8.6 Choice of Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 8.7 Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 8.8 Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 8.9 Binding Agreement/Assignment. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 10 Notwithstanding the foregoing, City shall not assign this Agreement without the prior written consent of ACHD. 8.10 Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 8.11 Waiver, Acknowledgments and Modifications. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD and City. 8.12 Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 8.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. 8.14 Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 8.15 Recitals. The Recitals above are incorporated into the body of this Agreement. 8.16 Time is of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement End of Agreement [Signature page follows.] INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. City: ACRD: A COUNTY IGHWAY DISTRICT x S ASR � • �y. Iis�: �f'tG�i Exhibits Exhibit A — Project Overview Exhibit B — City Components/Licensed Area Exhibit C - ACHD's Interagency Cost Share Policies and Procedures INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 12 .4e, -x ? Ustick Road -- Duane Drive to Campton way ACHQ SCOPE OF WORK PROJECT DESCRIPTION Ustick Road — Duane Drive to Campton Way ACHD Project No, 507004.001 ACHD GIS No. RD210-04 MSIX MILE Us ENGlNEER1NG The following Scope of Work is based on the ACHD SOW Template Version 1.0, dated July 12, 2007. Six Mile Engineering, P.A. and their project subconsultants, hereafter called the Consultant, will design the proposed improvements and supply documentation in accordance with this Scope of Work and the 2005 ISPWC specifications with the 2010 ISPWC updates as amended by the ACHD adopted supplements, including the ACHD Supplemental Traffic Provisions. The proposed project improvements will connect the five -lane Ustick Road constructed with the Cloverdale and Ustick Intersection project (ACHD Project No. 310009) to the previously constructed five -lane roadway on Ustick Road west of Duane Drive. The proposed alignment and typical section will match the Ustick Road, Eagle Road to Five Mile Road Concept Report, with modifications as directed by ACHD. The Ustick Road Concept Design designated the Grenadier Way intersection as a signalized intersection. ACHD has requested that spare conduit be installed with this project but that a signal would not be included because warrants are not currently met. Fiber optic cable will be installed along Ustick Road to the project limits. One street light will be installed at each public street approach within the project's curb and gutter limits on Ustick Road, unless there is an existing street light from the subdivisions. The drainage improvements will generally follow those recommended in the Drainage Concept for Cloverdale and Ustick Roads, prepared by JUB in November 2008. It recommends a retention pond east of Duane Drive. Existing irrigation will be perpetuated with crossings replaced to meet current standards. No public involvement will be included in this project. The Ustick Road Concept Design presented the proposed improvements previously and there are no significant changes anticipated from the concept design that would require additional public involvement. This project will not utilize Concept Design tasks or Preliminary Design tasks. A draft horizontal design (concept) will be submitted to ACHD for review and approval early in the design phase. Any revisions to the horizontal alignment will be revised and resubmitted to ACHD for final approval. Once the horizontal design has been approved, the design will proceed to the 95% Design Review Submittal. Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 20'10 ACHD Project No. 507004.001 Page 1 of 20 ACHD GIS No. RD210-04 _041 x T}�h,. Ustick Road -- Duane Drive to Campton way SIX MILE I� ENGINEERING &.%"V4Wa'Ad-se'C.n" SCOPE OF WORK Following Notice to Proceed, Six Mile Engineering will design the roadway improvements from curb to curb within the project limits and no design work will be done outside the curb -line. Six Mile Engineering has estimated the need to have information on the area outside the curb -line by February 23, 2011 to ensure there is no affect on the project schedule. ACHD shall provide direction to Six Mile Engineering by February 23, 2011 on how to address the area located outside the curb -line. Once direction is provided by ACRD, the consultant shall be given written direction to proceeding with design outside the curb -line. No design effort outside the curb to curb area will commence until after receiving written direction from ACHD. Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.041 Page 2 of 20 ACHD GIS No. RD210-04 Ustick Road - Duane Drive to Campton Way SCOPE OF WORK TABLE OF CONTENTS I 51X MILE ENGINEEWNG PROJECT DESCRIPTION..............................................................................................1 1.0 GENERAL PROVISIONS..................................................................................... 4 1.1 General.............................................................................................................4 6.5 1.1.1 Definitions and Acronyms.......................................................................... 4 1.1.2 Implied Terms............................................................................................ 5 1.1.3 Coordination of Scope of Work.................................................................. 5 1.2 Context Sensitive Solutions.............................................................................. 5 1.3 Submittals......................................................................................................... 6 1.4 Project Initiation (Not Required) ........ ......... .... a . . .......... .......... ... ..... ........ ........... 6 1.5 Monthly Progress Meetings............................................................................... 6 1.6 Schedule........................................................................................................... 6 1.7 ACHD Standards.................................................................... .. ...... ................. 7 1.8 Quality Control.................................................................................................. 8 2.0 PUBLIC INVOLVEMENT (Not Required)............................................................. 8 3.0 LOCATION SURVEYING AND MAPPING........................................................... 8 3.1 Aerial Mapping and Photography (Not Required) ............................................. 9 3.2 Field Survey...................................................................................................... 9 4.0 CONCEPT DESIGN (Not Required)................................................................... 10 5.0 PRELIMINARY DESIGN (Not Required)............................................................10 6.0 DRAFT FINAL DESIGN.................................................................................. .10 6.1 Roadway Design.............................................................................................10 6.2 Drainage and Irrigation Design....................................................................... 11 6.2.1 Drainage Facilities................................................................................... 11 6.2.2 Irrigation Facilities.................................................................................... 11 6.2.3 Permits.....................................................................................................12 6.3 Storm Water Pollution Prevention Plan(SWPPP)...........................................13 6.4 Geotechnical Investigation..............................................................................13 6.5 Signal and Lighting Plans...............................................................................14 6.6 Signing and Striping........................................................................................15 6.7 Traffic Control.................................................................................................15 6.8 Structure Design (Not Required).......................................................... ........... 16 6.9 Right -of -Way ................................................................................................... 16 6.10 Specifications ..................................................................................................16 6.11 Estimate ............................... ...........................................................................16 6.12 Certification of Compliance with Design Standards........................................17 6.13 95% Design Review Submittal........................................................................17 6.14 Review Meeting..............................................................................................18 7.0 FINAL DESIGN...................................................................................................18 7.1 99% Design Submittal.....................................................................................18 8.0 FINAL BID DOCUMENTS..................................................................................20 Ada County Highway District Six Mile Engineering, P.A. Ustick Road - Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 3 of 20 ACHD GIS No. RD210-04 '"�'V--�, Ustick Road — Duane Drive to Campton WayESIX MILE If EMNEMNG SCOPE 4F llli'ORK 1.0 GENERAL PROVISIONS 1.1 General Consistent with professional standard of care, Consultant shall provide management, coordination and direction to project team and sub -consultants to complete project deliverables on time and within budget. 1.1.1 Definitions and Acronyms 404 Permit -- Section 404 of the Clean Water Act which addresses permits for dredged or fill material in Waters of the US, administered by the U.S. Army Corps of Engineers AASHTO — American Association of State Highway and Transportation Officials ACHD — Ada County Highway District ADT --Average Daily Traffic count Agreement Administrator — The ACHD person responsible for administering the contract and overseeing the design. Unless otherwise specified, the Agreement Administrator is the Project Manager. CAC — Community Advisory Committee COMPASS — Community Planning Association of SUV Idaho CPM — Critical Path Method CSS -- Context Sensitive Solutions FHWA — Federal Highway Administration GIS — Geographic Information System Holidays — ACHD recognized holidays occur on: New Year's Day, Martin Luther King Jr./Idaho Human Rights Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day. ITD - Idaho Transportation Department Man -Hour — Hour(s) of time required for an Individual to complete an itemized task designated by the project scope of work. Personnel functions shall be rounded up to the nearest Man -Hour. MOU -- Memorandum of Understanding NEPA — National Environmental Policy Act PIM -- Public Information Meeting PMG — Project Management Guide PSA -- Professional Service Agreement, or Professional Agreement. This is a written agreement or contract between ACHD and the Prime Consultant Prime Consultant — The firm contracting with ACHD, for the performance of work prescribed in the contract. Project Manager --- (Also abbreviated as "PM"). The primary ACHD point of contact for the project. Unless otherwise specified, the Project Manager is the agreement administrator. ROW — Right of Way SHPO — State Historic Preservation Office Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 4 of 20 ACHD GIS No. RD210-04 .�� T ? �Nw.. ustick Road -- Duane Drive to Campton WayACHD SCOPE O F WORK SIX MILE ENGINEERING Study Area — The expanded area of influence generated by the project area. Sub -Consultant -- Who the prime Consultant sublets part(s) of the design contract. SOW — Scope of Work 9.9.2 Implied Terms In order to avoid confusing repetition of expressions in this Scope of Work, it is provided that whenever anything is to be required, directed, specified, authorized, furnished, given, designated, permitted, reserved, approved, disapproved, accepted, or rejected, it shall be understood as if the expression were followed by the words "by the Project Manager" or "to the Project Manager" Whenever anything is to be performed, designed, computed, calculated, analyzed, determined, evaluated, surveyed, obtained, established, contacted, estimated, investigated, prepared, developed, delivered, collected, and/or recorded, it shall be understood as if the expression were followed by the words "by the Consultant (either prime or sub)" or "to the Consultant (either prime or sub)." 9.1.3 Coordination of Scope of Work The Scope of Work and Professional Services Agreement are essential parts of the project, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete package. Checkpoints or milestones have been established at various stages that require approval of specific project information. These checkpoints are: • Draft Final Design Review • Final Design (Right -of -Way Plans) • Final Sid Documents 7.2 Context Sensitive Solutions All work associated with this project shall include the practices of incorporating Context Sensitive Solutions (CSS) into the design, including ACHUs TLIP and Livable Streets Design Guide where applicable. Context Sensitive Solutions is a way of thinking, a collaborative, interdisciplinary approach involving all stakeholders of creating a project which will leave a lasting positive impact on the people it serves and the area it effects. The Consultant will provide guidance on context sensitive solutions for the project in providing a more "Livable Community" environment. The look, fit and feel character of the project will be the goal for the context sensitive solutions task. Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACRD Project No. 507004.00'1 Page 5 of 20 ACRD GIS No. RD210-04 ..04 "4t' Ustick Road — Duane Drive to Campton inlay MISIX MILE .r �� OMINEMNG Co.•• ,�rel �c 5r..,"SCOPE OF WORK 1.3 submittals All submittals shall be submitted with at least one hard copy or as required in the specific section and electronically. -rhe electronic submittals shall consist of a pdf file and in the native file format. Any exception must be approved by the ACHD Project Manager. 9.4 Project Initiation (Not Required) 1.5 !Monthly Progress Meetings Attend regularly scheduled progress meetings to be held the second Thursday of each month throughout the duration of the project, unless directed otherwise by ACHD. Provide an electronic copy of the draft meeting summary and action items no later than three business days after the meeting. Revise and submit final meeting summary based on ACHD comments. Provide an electronic copy of summary and action items no later than three business days after each meeting. The Consultant will prepare and submit ACHD's Monthly Project Status Report form on a monthly basis. Products and Deliverables • Monthly Project Status Report (updated monthly) • Draft Meeting Summary • Final Meeting Summary ACHD Responsibilities • Schedule and provide facility for Progress Meetings • Review and approve summary and action items Assumptions • The project is expected to be four months in duration • Three meetings are assumed and additional meetings must be approved by ACHD • Civil Survey Consultants will attend up to three monthly progress meetings • ACHD will review and approve summary within one week • Action items will be completed by due date • Consultant shall, at the start of the project, provide a cash flow estimation for the project duration 1.6 Schedule Provide an initial project schedule. Provide project schedule updates and narrative as needed to address delays or changes. Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 6 of 20 ACHD GIS No. RD210-04 Ustick Road — Duane Drive to Campton Way SCOPE OF WORK USIX MILE MENGINEEPJNG Acceptance of any schedule shall not relieve Consultant of the responsibilities to adjust labor or work schedules and provide sufficient resources to complete the work within the specified time and meet intermediate milestones. It is understood by ACHD and Consultant that float within the project schedule is not for the exclusive use or benefit of either party, but is a resource available to both parties as needed to meet contract milestones, and the contract completion date. Submit the schedule and schedule updates which include a comparison to the baseline on a monthly basis. Include a written narrative describing the project schedule status, the critical path and any revisions to the schedule. Provide a corrective action pian if off schedule. Schedule updates may be submitted simultaneously with invoicing. Activity information shall include activity numbers (consistent with this scope numbering system at a high revel), activity descriptions, durations, total float, scheduled or actual start and finish dates, and predecessors/successors. Clearly show the sequence and interdependence of all activities required for complete performance of all items of work under this scope of work and indicate the critical path. Activities shall include, but not be limited to, all scope of work sections and their respective subsections. Activities will also include key decision points and resolution of critical scope assumptions. If agreed to by both the ACHD and Consultant, some subsections may be deleted from the schedule with the appropriate budget adjustments. Describe activities and their respective durations such that the work is readily identifiable and the progress on each activity can be readily measured. Products and Deliverables • Time -scaled logic diagram (Gantt Chart), updated monthly ACHD Responsibilities Review Schedule 1.7 1 ACHD Standards ACHD has adopted the AASHTO publication "A Policy on Geometric Design of Highways and Streets", 5th Edition (2004). Where both minimum and desirable values are provided, every reasonable effort shall be made to achieve the desirable standards. Any design exception must be approved by ACHD in writing. The roadway widths adopted by ACHD shall serve as the basis for beginning evaluation. If the proposed width or other standard is less than ACHD standards, it must be documented, justified, and approved by ACHD. Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 7 of 20 ACHD GIS No. RD210-04 ,Or �:� Ustick Road — Duane Drive to Campton `Nay USIX DILE , �► Ue ENGINEERING SCOPE OF WORK Additionally, the following standards shall be used: • AASHTO Roadside Design Guide • AASHTO Guide for Development of New Bicycle Facilities • Erosion and Sediment Control on Highway Construction Projects (FHWA, FHPM 6-7-3-1) • ADA Standards for Accessible Design • Idaho Department of Transportation Standard Drawings, Specifications and Current Supplemental (for all bridge and guardrail projects) • Idaho Standards for Public Works Construction (ISPWC) with ACHD Supplements • AASHTO Materials Testing and Sampling Methods • American Society for Testing and Materials (ASTM) Specifications • Manual on Uniform Traffic Control Devices (MUTCD) • Design of storm drain related facilities shall be completed in accordance with ACRD, STORM WATER MANAGEMENT Guides and appropriate subsections • AASHTO Guide for Flexibility in Highway Design, 2004 • ACHD Development Policy Manual • ITE Traffic Engineering Handbook • Roundabout Application Guidelines for Ada County • ITD Bridge Design LRFD Manual, September 2006 • AASHTO LRFD Bridge Design Specifications 1.8 Quality Control The Consultant shall develop and follow a quality control plan that outlines their quality control procedures and shall include at a minimum a comprehensive independent review prior to the responsible engineer sealing and releasing of final plans, specifications, or reports which assures/validates the following at a minimum: • Conformance with all contract requirements • Assurance that all materials and equipment specified in such documents for incorporation into the work are suitable for the purpose intended • The appearance, organization, technical and grammatical accuracy of such documents • Verification that such documents have been checked by the drafter, design professional, checkers, and reviewers 2.0 PUBLIC INVOLVEMENT (Not Required) 3.0 LOCATION SURVEYING AND MAPPING Title reports will be provided by ACHD upon request by the Consultant. The Consultant will provide a list of Assessor Parcel numbers for each property a title report is required. Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 8 of 20 ACHD GES No. RD210-04 ,40�=w t� V,,. tlstick Road — Duane Drive to Campton Way2SIX MILE A�S�E3�, U ENGINEEPJNG SCOPE OF WORK 3.7 Aerial Mapping and Photography (Not Required) 3,2 Field Survey Civil Survey Consultants will provide the field topographic survey for the project and supply the point data files to Six Mile Engineering. Six Mile Engineering will develop the digital terrain model from the point data. Civil Survey Consultants will draft the topographic information, provide a field site -inspection to verify the topographic information. Civil Survey Consultants will provide utility pothoiing information, through the use of a sub -consultant, and draft the underground utility information on the plan profiles. Civil Survey Consultants shall convert all mapping and topography to electronic data files and format to be compatible with ACHD's CADD System. Refer to CADD Workflow Document and Engineering Consultant CADD Guidelines. Consultant certifies all contracted maps and topography as correct in accordance with the requirements of the contract. Products and Deliverables • Draft Topography map Survey data • Request to ACHD for utility locates • Utility pothole data • Topographic mapping sufficient for the design of roadway improvements • Base Map of Existing Utilities • Digital terrain model of existing ground ACRD Responsibilities Provide utility facility maps to Consultants and transmit design review drawings to municipalities, utility companies, and irrigation districts Provide title reports upon request Assumptions • Civil Survey Consultants will perform cross sections at 50 -ft intervals, intersections, and all driveways/approaches • Civil Survey Consultants will establish and set centerline control for the project • Civil Survey Consultants will set benchmarks at locations outside the construction limits at approximately 500 -ft intervals • The roadway modification and right-of-way mapping limits consist of a corridor approximately 120 -feet wide, centered on the section line. Additional survey width may be required to identify property features (i.e. fence lines) along project Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACRD Project No. 507004.001 Page 9 of 20 ACHD GIS No. RD210-04 .,�"MV7'rt%,t� Ustick Road -- Duane Drive to Campton Way SIX MILE 3� ENGINEERING SCOPE of WORK corridor. Features will be surveyed beyond the fence lines where feasible and relevant to the project. • The survey control is to be based on the Ada County horizontal and vertical survey control datum, available at www.adaweb.net/devsery/survey/home.htmi under the section "CPS Control's • All original field notes and computer files shall become the property of ACHD • This scope of work assumes 20 potholes will be required, based on main -line potholing every 500 -feet, plus crossings, for utilities likely to be encountered (phone, gas, water, & cable). Additional potholing will be provided as a supplemental service. • This scope of work does not include setting property pins or monuments. 4.0 CONCEPT DESIGN (Not Required) This Concept Design task will not be required for this project as directed by ACHD. This project will advance directly to Draft Final Design. 5.0 PRELIMINARY DESIGN (Not Required) Preliminary Design will be included in the Draft Final Design task. 6.0 DRAFT FINAL DESIGN Develop Draft Final Design submittal package. Verify adherence to environmental commitments and agreements; prepare quantities and special provisions. The draft final design plans are to be a complete set of plans and specifications to be prepared in their finished condition. 6.7 Roadway Design Develop alignment based on typical sections in the Ustick Concept Design draft final design review plans showing location and general features of the existing and planned facilities. Compute and finalize quantities. Finalize all work on roadway plan package including utilities. Products and Deliverables • Title Sheet • Typical Sections (1 sheets) • Roadway Plan and Profile Sheets (5 sheets) • Roadway Detail Sheets (11 sheet) Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 10 of 24 ACHD GIS No. RD210-04 .,'s�' �.,, Ustick Road e Duane Drive to Campton Way Six ���� agoUMINEENNG '.. 5ZI"�` SCOPE OF WORK 6.2 Drainage and Irrigation Design 6.2.1 Drainage Facilities Evaluate storm drainage to determine, direction of flow, peak flow, potential drainage solutions and approximate invert elevations. A limited amount of time is required for this task. Civil Survey Consultants proposes to review and implement the concepts proposed in the Drainage Concept for Cloverdale & Ustick Roads report (ACHD Project No.'s 507008 & 507004) prepared in November 2008. The Consultant will prepare hydraulic computations, determine preliminary sizes, and show and label locations for all drainage structures (pipes, box culverts, bridges, water quality treatment facilities, etc.) on plan and profile sheets. Design and show on the plans permanent erosion control measures. Complete the draft final hydraulic design for the project, which includes: Make a field review; identify the hydraulic design considerations and agree upon concepts. Prepare hydraulic computation, determine size and placement of hydraulic structures; Prepare hydraulic computations including values for total runoff, culvert/ditch capacity, hydraulic gradeline, backwater depth, scour analysis, and any other applicable items. For all major hydraulic structures, submit hydrologic and hydraulic computations. Address environmental mitigation issues relating to hydraulics; such measures may include detention and diversion structures, bank and channel stabilization, sediment control, energy dissipation devices, landscaping and seeding. Products and Deliverables • Storm Drain and irrigation Profiles (2 sheets) • Pond Plan Sheets (1 sheet) • Storm Drain and irrigation Detail Sheets (11 sheet) • Storm Drain Calculations • Draft Copy of 0&M Manual for Storm Drain Facilities Quantity/Cost Estimate &Special Provisions Assumptions • The Storm Water Concept Plan Submittal requirements under ACHD's Interim Storm Water Policy #3 will not be required. The concept storm drain design will follow the drainage concept approved by ACHD in the report listed above. 6.2.2 Irrigation Facilities The scope of work under this section shall include a field inventory of the existing irrigation facilities in the vicinity of the proposed roadway improvements and an Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 11 of 20 ACHD GIS No. RD210-04 ,eA :� ? r, •,,, Ustick Road — Duane Drive to Campton Way SIX MILE ENGINEERING SCOPE OF WORK evaluation of structures needed at waterway crossings. The evaluations will begin once the roadway typical section is identified. The evaluation will address structures or pipes at waterway crossings including drainage and irrigation facilities owned by Irrigation Districts. Consultant will prepare concept level hydraulic and structure sizing for replacement or widening of irrigation facilities based on the allocated irrigation flows and maximum flows as provided by the Irrigation Districts. Consultant will contact Irrigation Districts at the beginning of the 9 project to obtain their design flows, comments and suggestions on the project. Consultant will coordinate with the Irrigation Districts as the project progresses. The Consultant will coordinate a site walk through with the irrigation districts and ACHD to verify facility locations and sizing, if necessary. Consultant will meet with residents connected to existing irrigation facilities to clarify service and document design issues as necessary to complete the design. The minimum information required on a draft final design review plans shall be complete enough to show location and general design features of all existing and planned irrigation facilities. Consultant with ACRD will coordinate with the Irrigation Districts as the project progresses. Products and Deliverables • Contact reports for meetings with Irrigation Districts. • Summary Report on the existing irrigation system • Summary Report on waterway crossings and hydraulics calculations • Contact reports for meetings and communications with residents with irrigation facilities ACRD Responsibilities • Provide available information on existing irrigation facilities Assumptions Irrigation Districts or owners will provide design flows and maximum flows for their facilities which will be used for design The following Irrigation Districts will be contacted o Settler's Canal o Nampa & Meridian Irrigation District o Boise Board of Control 6.2.3 Permits Prepare draft permits applications for the following: Section 404 Permit Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 12 of 20 ACHD GIS No. RD210-04 „��� '►r . Ustick Road — Duane Drive to Campton Way ESIX MILE HENGINEERING i.1CMT7lcii�0 �� scoplE of WORK Products and Deliverables a Draft Permit Applications ACRD Responsibilities • ACHD will be responsible for submitting applications to the permitting agency and obtaining the permit. Assumptions One coordination meetings with permitting agencies 6.3 Storm Water Pollution Prevention Plan (SWPPP) The Consultant will prepare a draft final SWPPP based on Best Management Practices. The SWPPP will consist of preliminary Sediment and Erosion Control plan sheets displaying temporary erosion control measures. Products and Deliverables • SWPPP Narrative e Sediment and Erosion Control Plans (2 sheets) o Quantity/Cost Estimate &Special Provisions 6.4 Geotechnical Investigation The geotechnical investigation consists of the following tasks: e Coordinate utilities clearance prior to our field investigation. • Conduct field reconnaissance and make recommendations for roadway extension pavement design • A field exploration and a laboratory testing program will be performed to provide information to be used in evaluating pavement performance. • Soil borings will be advanced through the road so that existing pavement thickness (including base course) can be measured. Soil borings will include continuous sampling in the upper 6 feet, with a 2 fit split barrel sampler. • Laboratory testing will be completed by a qualified laboratory. The laboratory testing program will include testing to verify field classifications, and evaluate physical and engineering characteristics of the soil. • Prepare generalized soil boring logs and other charts and graphs as required. • Prepare a summary of test data and other charts and graphs as required. • Complete the pavement analysis. The roadway's typical sections and thicknesses will be calculated using ACHD's pavement design worksheet based on "R” values and traffic index. • Flexible pavement design will be performed for the roadway extension. • Consultant will prepare a Geotechnical Memorandum to summarize the findings of the field exploration and summarize our recommendations and conclusions Ada County Highway District Six Mile Engineering, P.A. Ustick Road -- Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 13 of 20 ACHD GIS No. RD210-04 Ustick Road -- Duane Drive to Campton Way ESIX MILE %� H12 UMINEERING 6.ar"`-r' �-4,.�` SCOPE OF WORK from the geotechnical evaluation. The Consultant will complete the pavement analysis based on traffic index. a Traffic control will be provided by a subcontractor to American Geotechnics. Products and Deliverables • Soil Boring Logs and Plan • Soil Test Report • Draft geotechnical exploration memorandum addendum including recommendations for pavement materials and thicknesses • Final geotechnical memorandum addendum in letter format ACRD Responsibilities • Supply Traffic Index Assumptions • Hot Mix Asphalt Flexible pavement reconstruction analysis will be performed. • Field Investigation will be performed during daylight hours. • Proposed field explorations include a total of 4 soil borings to depths of 6 feet below ground surface (BGS) without pavement coring. • It is anticipated that soils across this site will consist of two to six feet of sandy silt or sandy lean clay underlain by silty sand with gravel. The static water level is anticipated to be below 6 feet below ground surface. • The actual quantity of testing will depend on the variability of the materials encountered in the soil borings. However, this scope assumes the tests listed below will be sufficient. o R -Value (AASHTO T-190) — 4 each o Percent Passing No. 200 Sieve (AASHTO T-11) — 5 each o Atterberg Limits (AASHTO T -89/T-90) -- 4 each o Moisture Content (AASHTO T-265) — 4 each • This scope of work does not include the percolation testing to estimate infiltration rates. • This scope of work does not include installing observation wells or performing observation well water level measurements or recording. • This scope of work does not include evaluation of rehabilitation alternatives for the existing pavements, a rigid pavement design, or a life -cycle -cost analysis. • This scope of work does not include soil analysis for possible structures. • Samples will be saved for 60 days and discarded thereafter. • There will be no permitting fee for working in the ROW. 6.5 Signal and Lighting Plans Develop and finalize a complete set of traffic signal and lighting plans. • Develop and finalize traffic signal or street lighting plan sheets. Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 14 of 20 ACRD GIS No. RD210-04 ,e0 "M ;�'11, Ustick Road -- Duane Drive to Campton Way USIX MI LF- r� ENGINEERING SCOPE OF WORK • Develop and finalize signal interconnect plans. • Develop and finalize detailed summary of items, engineer's estimates, additional notes, and special provisions as required. • Develop and finalize conduit and wire sizes and number • Include all construction notes and callouts Products and Deliverables • Interconnect and Intersection Lighting Plans (2 sheets) • Interconnect and Lighting Details (1 sheet) Assumptions • Continuous street lighting is not required. One light pole will be installed at each public street intersection • Signal conduit will be installed at the Grenadier Way intersection to minimize roadway disturbances once the signal is warranted. • Interconnect conduit will be installed to the project limits. • Fiber optic cable interconnect will be installed from the Alleys traffic signal to the pedestrian hybrid beacon at Ustick Elementary School. 6.6 Signing and Striping Develop and finalize the signing and pavement markings plans. • Develop and finalize signing and pavement markings plans in accordance with the MUTCD and applicable state and local laws and ordinances. Products and Deliverables • Signing and Pavement Markings Sheets (2 sheets) 6.7 Traffic control Prepare an advanced construction signing sheet for traffic control beyond the construction limits. Consultant is required to submit traffic control plans detailing the aspects and phases of construction including pedestrian and bicycle facilities. Develop and finalize traffic control plans showing striping, signing layout and location, and advanced construction signing sheet(s). • Develop and finalize construction staging/phasing plans. • Develop and finalize advanced construction signing sheet • Include all construction notes and callouts Products and Deliverables • Advanced Signing Plan and General Notes (1 sheet) • Construction Phasing Plans (2 sheets) Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton Way December 30, 2010 AC H D Project No. 507004.001 Page 15 of 20 ACHD GIS No. RD210-04 Ustick Road — Duane Drive to Campton Way SCOPE OF WORK 6.8 Structure Design (Nog Required) 6.9 Right. -of -Way SIX MILE UENGINEMNG Based on record research and field surveys, existing right-of-way lines and property ownership will be established within the project corridor. • Request from ACRD, land ownership and title report based on assessor parcel number • Review title reports for easements or other encumbrances. These may reveal the existence and location of water lines, conduits, drainage or irrigation lines, utilities, etc. that must be handled during construction. • Conduct control surveying in order to establish and verify the property fines and right-of-way of the parcels within the project limits. Products and Deliverables: Request for Title Reports (include parcel number and name of owner) Existing right-of-way and property ownership base map Right-of-way Plans (size 11" by 17" color) ACHD Responsibilities: o Supply Title Reports within 30 days of Request Assumptions Consultant will perform field surveys as necessary to define the right-of-way throughout the project limits. The right-of-way will be defined based on field survey, records of survey, subdivision plats, and legal descriptions provided in the title reports. This scope of work assumes 19 parcels may have right-of-way impacts and require legal descriptions and title reports reviewed. Six Mile Engineering will prepare the right-of-way plans 6.10 specifications Provide special provisions that modify the Idaho Standards for Public Works Construction (ISPWC) and the Ada County Highway District Supplemental Provisions as needed. 6.11 Estimate The Engineer must prepare an estimate of project construction costs and submit this with the final project package. when more than one project number is included in the contractor's bid proposal, separate estimates shall be prepared for each project number. Each of these estimates shall be further separated into roadway and bridge quantities. Ada County Highway District Six Mile Engineering, P.A. Ustick Road — Duane Drive to Campton VVay December 30, 2010 ACHD Project No. 507004.001 Page 16 of 24 ACHD GIS No. RD210-04 -02,� '}��. Ustick Road Duane Drive to Campton Way SMSIX MILE MENGINEMNG �w,wllcr1 �a SNasca SCOPE OF WORK The estimate shall be based on a combination of the most current bid history as provided/approved by ACRD and engineering judgment. 6.12 Certification of Compliance with Design Standards Consulting Engineering firms that are preparing project designs for ACHD (plans and specifications) shall be required to provide Certification of Compliance with Design Standards. Certification that the plans or designs are prepared in substantial conformance with engineering or design standards in effect at the time of preparation shall be given on all designs for construction or improvements to the highways, roads, streets, bridges, drainage facilities, or other public property. Certification shall be provided for all projects, regardless of size or complexity, and shall be provided on the cover sheet of the project plans or on the front sheet of the project specifications if no plans are involved. In cases where ACHD grants variances on the project design, the Consultant shall provide a letter detailing the allowed variance(s). The letter shall have a certification as to what variance(s) from the normal design standards were allowed and the justification for said changes. The cover sheet of the plans or specifications shall note the letter detailing the variance(s). The documentation shall become, in all cases, a permanent part of the project package. 6.13 96% Design Review Submittal This task includes performing an internal review of all deliverables and preparing the submittal documents. The Consultant will deliver twenty sets of 22" x 34" plans, ten sets of 11" x 17" plans, thirteen copies of the Special Provisions, one copy of the opinion of construction costs, and thirteen copies of the bid schedule. ACHD will be responsible for transmitting plan sets to utility companies and local agencies. The Consultant will be responsible for transmitting plan sets to irrigation districts. • Perform internal review of all deliverables • Prepare and submit documents three weeks prior to the review meeting • Update Cost Estimate Products and Deliverables • Title Sheet • Typical Sections (1 sheet) • Roadway Plan and Profile Sheets (5 sheets) Roadway Detail Sheets (1 sheet) • Storm Drain and Irrigation Profiles (2 sheets) Pond Plan Sheets (1 sheet) • Storm Drain and Irrigation Detail Sheets (1 sheet) Ada County Highway District Six Mile Engineering, P.A. Ustick Road -- Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 17 of 20 ACHD GIS No. RD210-04 .��. Ustick Road — Duane Drive to Campton way ACHD Go� Ifo �4� SCOPE OF WORK o Storm Drain Calculations Draft Copy of O&M Manual for Storm Drain Facilities • Interconnect and Intersection Lighting Pians (2 sheets) o Interconnect and Lighting Details (7 sheet) • Signing and Pavement Markings Sheets (2 sheets) • Advanced Signing Plan and General Notes (11 sheet) o Construction Phasing Pans (2 sheets) • Estimated Construction Time • Storm Water Pollution Prevention Plan (SWPPP) Narrative e Sediment and Erosion Control Plans (2 sheets) • Special Provisions Opinion of construction costs PDF files of the roadway plans QJSIX MILE UENGINEERING 5.94 Review Meeting The Consultant will attend the 95% Design Review meeting to discuss review comments. ACHD will make final decisions for conflicting review comments. Consultant will document review comments and prepare a response and action list for comments received. Products and Deliverables 0 Attend review meeting and document comments • Prepare response and action list ACHD Responsibilities • Schedule and Host Meeting • Review and Comment — two weeks prior to the meeting Assumptions ACHD will complete the review within three weeks of receiving the 95% Design Review Submittal 7.0 FINAL DESIGN Consultant will incorporate comments from the 95% Design Review Meeting into The internal review. The right- of-way i ht - the Final Design (99%) Submittal documents and perform an g of way plans will also be prepared for the final submittal and legal descriptions will be written . 7,7 99% Design Submittal • Make modifications based on 95% Design Review comments Ade County Highway District v'^ �r�� December 30, 1 2010 Ustick Road — Duane Drive to Campton Way Pae 18 of 20 ACHD Project No. 507004.001 9 ACHD GIS No. RD210-04 l�stick load -- Duane Drive to Campton Way IENGINEERING IIx l�iLE o....,., ..�a .� SCOPE OF WORK on the right-of-way plans shall be retained on the right-of-way a All items shown g Y and f=inal Design Construction Plans, whether or not the items are negotiated for the owner to construct. Items that are negotiated for the owner to construct, as h right-of-waycontract, are to be shown on the pians as "By Owner. ,t stated in t e These are items such as irrigation ditches or fencing Right-of-way p are plans prepared in permanent form on standard 22x34 sheets on • reproducible material Final right-of-way plans submittal shall include a sheet or sheets listing land s owners, parcel numbers, takes, easement (both temporary and permanent), n with furnishing one full size set of full color R/W plans, one set full color along g 11x1 7 p lans. Sets of right-of-way drawings colored to identify each parcel and need o Finalize the right-of-way plans and write legal descriptions for new right-of-way a permanent ermanent easements required for the project. Legal descriptions will not be written for temporary easements • ACHD's standard ownership table will be prepared as a part of the right-of-way plans. Ownership table and pians shall be in color • ACHD may require legal descriptions be written prior to final design to allow for q early acquisition Products and Deliverables • One mylar set of 22" x 34 " construction plans and color right-of-way plans, signed and sealed by a Professional Engineer registered in the State of Idaho • Two bond sets of 11" x 17" construction pians and color right-of-way plans, signed and sealed by a Professional Engineer registered in the State of Idaho • One set of legal descriptions for takes and permanent easements, signed and sealed by a Professional Land Surveyor registered in the State of Idaho. • One set of 11 "x17" cross sections to include elevation changes at each driveway. • Special Provisions, signed and sealed by a Professional Engineer registered in the State of Idaho • Opinion of construction costs • Bid Schedule • Two copies of 11 x17 plans showing storm drain facilities for ACHD drainage and maintenance and operations. • 95% Design Review plans with ACHD comments • Response to 95% Design Review comments • The Consultant will prepare the EPA Notice of Intent (NOI) application for the project. 0 95% Design Review Right -of -Way Plans with ACHD comments Response to 95% Design Review comments on Right -of -Way pians p ,�Descriptions" a Tonal Land Surve or • Stamped Legal with Exhibits by Professional Y registered in the State of Idaho. Ada County Highway District '"""' "luvo -m' ' Ustick Road — Duane Drive to Campton Way December 30, 2010 ACHD Project No. 507004.001 Page 19 of 20 ACHD GIS No. RD210-04 ,kCHD -n ,v. Ustick Road — Duane Drive to Campton Way SIX MILE ENGINEERING SCOPE OF WORK Assumptions • This scope of work does not include making revisions to the construction during the right-of-way acquisition phase to reflect right-of-way documents d g 9 agreements. If required, this work will be negotiated as a separate contract A This scope of work assumes 19 parcels may have right-of-way impacts and require legal descriptions • The Right -of -Way plans will be identical to the bid plans with the addition of colored shadingand hatching to represent areas for takes and permanent easements 8eO FINAL BID DOCUMENTS The Consultant will incorporate changes made during right-of-way negotiations into the plans. Products and Deliverables s Complete e Bid Package Including f=inal Plans, Specifications, and Estimate Assumptions a This work is not included in this Agreement and will be this work will be negotiated as a separate contract, if needed Ada County Highway uistrict&.0 -- -December 30, 2010 Ustick Road -Duane Drive to Campton Way Page 20 of 20 ACRD Project No. 507004.001 ACHD GES No. RD210-04 P EXHIBIT"B" 3109 INTERAGENCY COST SHARE POLICIES AND PROCEDURES 3109.1 Purpose in Establishing an Interagency Cost Share Policy r The purpose of the cost share policy is to define the role of ACHD, cities, the countY, urban renewal agenciesand other potential partnering agencies In funding bothtransportation and "nont-transportation" elements of ACHD's road PrOjeCts. The cost share policy. maintains flexiblifty for AHD to consider unique features Of Projects and recognize the desires of the partneting agencies for roadway features within their boundaries, Each partnering agency has its own unique aesthetic vision for its Community and the aesthete features it desires, from landscaped medians, to street trees, to On streetParking, to types and dimensions Of sidewalks. This policy allows flexibility within the roadway design Process, establishs a consistent set oftransportation elements that ACRD will fund for all partnering agencies andProvide the opportunity for financial Participation from each partnering agency to Make its own aethestic vision a reality. This policy is not intended to cover every possible situation in which decisions about cost sharing must occur. This policy is intended to complement the specific authority granted to ACHDpursuant to the Idaho Constitution and Idaho Code, not replace or supersede i between this -policy and state and/or federal law,,ate a St t# If there is a conflict control.nd/or federal law shall The Interagency Cost Share Policy may apply to the following partnering agencies: I. 'Cities 2. Counties 3. Urban Renewal Agencies 4. Idaho Transportation Department 5. Neighboring counties and highway districts 6. School districts 7. Utilities 8, Regional Public Transportation Authority (VRT} 9. Metropolitan Planning Organization (MPO) or Transportation Management Agency (TMAj Some projects may require ACHD and a partnen"n,g agency to partner With private entities, such as developers or private utilities, to fund both transportation and non -transportation elements of a project AdopW: Revised: Section 3109 - lft"WPY C" Share Policy (CLEAN 6-1 M9) (2). Docx 3109-1 8. Traffic Control Devices - Traffic signals, flashing beacons, signage, striping and intelligent transportation System facilities; 9. Drainage - Storm water structures where necessary for motorist safety and maintenance, 3109.3.1 Altemative Transportation ACHD accommodates standard pedestrian and bicycle faclifties in roadway and intersection projects, as defined by ACHD's Livable Street Design Guide or other cross- secton policies. 2. Issues related to construction, placement or relocation of transit structures in the right-of-way shall be addressed through the Cooperative Agreement for Transit Structures between ACHD and Valley Regional Transit. 3109-302 Intelligent Transportation System Funding for ITS projects off of the ACHDsystem may be managed by ACHD, but will require full funding or local match from the agency on whose system the project exists. 3109-3.3 Storm Water Quality* ACHD is responsible for design, construction, and reconstruction of storm water drainage where necessary for motori 3. ACHD is responsible for the Cost of medians for traffic management which can be net with hardscaping. 4. A partnering agency is responsible for the installation and maintenance of aesthetic features in a median. 5. The decision to install aethestic medians will requirepublic Involvement and applicable land use jurisdiction support, ACHD has sole discretion with regard to installation of medians. 31 09.4.3 Pedestrian/Bicycle Facilities Communities may desire pedestrian/bicycle facilities that are beyond ACHD's Livable Street Design Guide or other cross-section policies . In the pedestrian area, ACHD shall provide a buffer space to meet ADA requirements as defined In the Livable Street Design Guide. ACHD will pay for right-of-way to provide a I if pedestrian safety buffer up to a total of 6' of buffer space I a city or partneri • ACHD establishes a detailed scope of work for ther prior to Initiating � � ote+�t design ting design work. partnering agencies will be afforded the opportunity to review and comment on the scope of work for project design to ensure desired non - transportation features are included. 3. If an agency indicates intersect in possibleartici ation after � � r a consultant design agement has been signed, or requests changes to non -trans ortation features outer the current design scope of work, the partnering agency will. be solely responsible for any additional design costs 9 resultin from their request. 9 4. At the conclusion of concept design, and prior to initiating 9 design, ACHD and the partnering agency shall enter into an interagency cost sharing agreement to outline cost share and other responsibilities for the project. Some projects proceed to design without a separate p concept design phase. In these cases, ACHD and the partnering agency shall determine the desired features and enter into an interagency cost sharing agreement early in the design process. If an agency declines to enter into an interagency cost 9 Y sharing agreement, the project may be delayed, car project design may proceed with 9 � y � .taut incorporating the partnering agencies desired features. Any additional costs that result from a partnering agency declining to enter into an interagency cost sharing agreement, and later requesting uesti ng additional features- � shall be borne by the partnering agency. 6. Partnering agency requests after project n desi is complete will require g q e full compensation from the partnering agency for design or other changes In the project. ACHD will work with the partnering agency to Incorporate design 9n features that are feasible, however not all requests, Including those fully funded by the requesting agency, may be able to be accommodated due to site specific design constraints, status of land acquisition, thefro`ect p schedule, and oar feasibility issues. 3109.6.1 Acceleration of Project Construction Agencies may request project construction prior to ADS[ adopted programming. . if a partnering agency supplements ACHD funding for the transportation elements of a project, ADHD awards the project points for non-ACHD funding in therlodti anon of pmject ranking. p A�a�a; vised 3109-7 Sed on 3109 - n "ncy cost share icer (CLEAN -19-09) }. Doc 3109.8 Procedures for Participation Prior to Project Development Any agency requesting ACHD consideration shall follow the following procedure: 31 09.8.1 Master Street Maps acrd Future .Acquisit- ns Map Partnering agencies may indicate 10 their desire for additional right-of-way for non -transportation elements at any tim I ­ 8 by concurrent ACHD and applicable land use jurisdiction adoption of a right-of-way width to accommodate the desired -elements In ACHD's Master Streets Map and the land use jurisdiction's Future Acquisitions Map. Such adoption indiicates the partnering agency is willing to provide funding for the additional features consistent with this policy and any interagency agreements. 1. If a partnering agency and ACHD agree on the features for a roadway during a planning effort (e.g. comprehensive plan update, subarea or corridor planning, etc) they will indicate their commitment to cost share by adopting an interagency agreement and will each adopt the appropriate right of way width into ACHD's Master Street Map and the land Use Jurisdiction's Future Acquisitions Map. 2. ACHD will seek financial participation from thepartnering agency when development applications present an opportunity for early right-of-way acquisition. 3. If the partnering agency declines to participate in early I right-of-way acquisition, ACHD will acquire right-of-way fbr the basic footprint, as defined in ACHD's Livable Street Design Guide or other cross-section. Partnering agencies will be provided a second opportunity to purchase, atthe partnering agency's cost, additional right- of-way during the right-of-way phase of ACHD'scapital projects development provided that ACHD and the partnering agency enter into an interagency cost sharing agreement during the design phase. 4. If ACHD enters into a cooperative development 'agreement for improvements in the public right-of-way, ACHD will Include the additional right-of-way and desired aethestic features adopted in the blaster Street Map. 3109.9 Projects for Economic Development and Land Use Goals 1. Projects of this nature typically evolve out of city area -specific planning efforts and include projects and initiatives beyond the transportation system needs and priorities identified by ACHD. Adopt: ReVmsd: SOCOW 3109 - Inkwagency Cost Share Policy (CLEAN&i:9-o9) (2). Docx 3109-9 3'10 .11 Project Cost Responsibilities - ------ ----- Right-of-Way Through and Center Turn Lanes, Curb and Gutter, Utility Strip Medians Project Specific design dimensions or Livable Street Design Guide basic street section ff typology adopted by ACHD and jurisdiction In Master Street Map or ACHD Capital Improvement Plan -subject to public necessity requirements for eminent domain as set forth in the Idaho Constitution Art, It § 13 and Idaho Code § 7-701 et seq. MONNNOWAMEM -- Project specific design dim--en-sions or Livable Street Design Guide dimensions if typology adopted by ACHD and jurisdiction In Master Street Map or ACHD Capital Improvements Plan ff needed for traffic safety & operations, with hardscape P Extra Right of Way (ROW) for' amenities as outlined in policy, including damages, buyouts and associated legsilo costs None Upgraded hards-cape or landscaping and Irrigation if median is needed for traffic management. All ROW, construction, and maintenance 1Z - - -At - - 4 - w - . - Buffer Z664 As spectW In the Livable Street Ct=%-*&#HXLK#7b UfJJY Landscape costs, construction Design Guide for the basic and ROW in excess of V; pedestrian zone; 6' ROW if Perpetual maintenance of partnering agency chooses to landscaping landscape' -subject to public necessity requirements for eminent domain as set forth In the Idaho Constitution Art. 1, § 13 and Idaho ......... Code 7-701 et sg&. res ter than 5 ' unless Bike Lanes 5' unless constrained in a built'G environment, then determined during other se specified in an project design adopted plan Sidewalks 50 Greater than 5' unless otherwise specified in an adopted plan On Street Parking ROW, design, construction and Dedicated bythe--partneing maintenance on ACHD arterial agency or developer for projects collectors and local roads. Dedicated by developer fbr arterials when required as a condition of development approval. Illumination Primarily of benefit to motorists Energy and Maintenance (lighting) costs, Pedestrian lighting Aftpted* 3109-11 ReVised: Section 31 i - Interagency Cost Share Policy (CLEAN 5-1 9-M) (2). Docx