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Cost Share Agreement with ACHD - Franklin Rd, Ten Mile Rd/Linder RdADA COUNTY HIGHWAY DISTRICT INTERAGENCY COST SHARING AND LICENSE AGREEMENT PROJECT NAMES: Franklin Road, Ten Mile Road/Linder Road Project No. 508019 THIS AGREEMENT ("Agreement") is made and entered into this da of A ril 201 1, by and between the ADA COUNTY y p ' HIGHWAY DISTRICT, a body politic and corporate 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 ri hts-of wa in g Y 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, authorit and Y police power to regulate and control municipal activities within the City, includin ,without g limitation, the authority to expend funds for the placement, installation and maintenance of landscaping and other aesthetic features in or onpublicrights-of way within the Cit . Y C. ACHD plans to construct roadway and intersection improvements along Franklin Road from Ten Mile Road to Linder Road, ACRD Project # 508019. The "Project" is defined and further described in Section 1 of this Agreement. As part of the Project, ACHD is plannin g 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 Franklin Road, Ten Mile Road/Cinder Road, ACHD Project # 508019 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 pa the Y 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 Develo er to install and p 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, includin Cit the o orlon' g Y, pp ity to identify desired aesthetic features and adopt an interagency cost share a reement. g F. ACHD is in the process of designing the Project. ACHD has determined tha ' ' t1t1S possible for the Project to include certain aesthetic features re uested and desi ned b q g y the City. G. The City has agreed to fund and pay the additional cost associated with th e design, construction and maintenance of the desired interim treatments and lan dscaping improvements that it has requested be incorporated into the Project. H. In connection with City's obligation to construct, re air, re lace and maintain the p p interim treatment and landscaping improvements, City has requested, and ACHD is willin to grant, a license to Cit , g Y I. ACRD and the City desire by this Agreement to work cooperative) and to set forth their res ective duties and obli ate Y p g ons 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 an one or Y mare other public agencies to perform any governmental service, activity, or undertaken which g each public agency entering into the contract is authorized by law to perform, rovided that such p 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 ofthe contractin arties. gp AGREEMENT NOVV, 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 "Cit Y 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 intelli ent g 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. ACRD 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 Cit~Components: The "City Components" of the Project are defi consist of the followin : J ned as and g Aesthetic features including landscaping features and/or other ACRD approved rotomill material ("Interim Improvements") in the buffer stri shown on E The Cit Com onents fall P xhibit B. Y p within one of the categories set forth in the Cost Share Polic ,which also include the Interim Im rovements as set fort Y p h herein. The City Components are non- transportationcomponents ofthe Project over which ACHD lacks authori to fund. SECTION 2. PROJECT DESIGN AND DESIGN COSTS 2.1 Approval of Plans. ACHD shall approve or disapprove, in its sole discretion the Protect design plans in accordance with the following provisions of this Section 2. Ina rovin any plans and s ecif ications rovided b pP g p p y City, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Cit Com onents and the Y p , responsibility therefore shall be and remain in City, 2.2 Design of ACHD Components. 2.2.1 Compliance with Standards and Specifications. ACRD 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 bX City. ACRD 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 ACRD concernin the Project. The g J City review period shall not exceed three weeks. ACHD will consider, but shall not be bound b Y the City's comments regarding the design of the ACHD Components 2.3 Desi n of City Components. The City represents that it has designed the Cit Y Components in compliance with all ACHD rules and regulations. The City shall coordinate a review of the design of the City Components with ACHD. ACHD shall approve or disa rove pp in its sole discretion, the City Component design plans. 2.4 Allocation of Design Costs. City shall be solely responsible for paying directl Y all of its design costs associated. with the City Components. City shall also be res onsible for p reimbursing ACHD for all design costs associated with the Interim Improvements. ACRD 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 a pY directly or reimburse ACHD for any costs associated with the requested design chap es. Cit g Y 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 a roved b ACHD ursuan pp Y p t to Section 2 above. Such design and construction shall comply with all a licable laws includin ACHD rules and re ulations pp ' g g ,and good engineering practices. 3.2 City Construction Obli ations. City shall be responsible for constructin the Cit Components; rovided however that A g y p ~ CHD shall install an Interim Improvements at the direction of the City and consistent with appropriate roadway safe uidelines and in tY g accordance with the standards applicable to the City Components pursuant to this A reement. City shall reimburse ACHD for all co g sts 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 Cit limits and Y will remain in place until such time as development occurs. At the time of develo ment or p annexation into the City is requested, City may require the adjacent owner/develo er to desi n p g~ construct and maintain landscaping improvements within the buffer strip shown on Exhibit B. The design and installation of landscaping within the buffer strips shall be sub'ect to ACRD J approval. 3.3 Special Provisions Applicable to Construction of CitX Com onents. The final grading of all landscaped areas shall slope away from right-of way "hardscape" im rovements p including the edge of pavement, curbing, and sidewalks. City shall install or re uire that an q y 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 seepa a beds, g infiltration facilities or piping systems. Trees shall be offset from edge of see a e beds a pg 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 drainin g 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 ri ht-of g way shall be maintained by City for clearance of 14' over all roadways measured at gutter late p 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 shal 1 require the Developer or other third party to pay all the additional costs, if a licable. In addition ' pp ,City shall also be responsible for reimbursing ACHD for all the installation material and const ruction costs associated with the Interim Improvements. City shall reimburse all construction costs incurred b ACHD for the Interim Im rovements rom tl but i y p p p y n no case later than thirty (30) days following receipt of an invoice or other written request from ACHD documentin such c g osts 3.5 Administrative Fee. The City shall reimburse ACHD for five ercent 5% of all additional c p ( ) osts 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 beneftts, project administration, compaction testing, and soils work re uired sole/ for the q y construction of the City Components and the Interim Improvements; mobilization, traffc control, flagging, detours, and weekly meetings, each of which shall be calculated on a rotated bases. The rorated basis for the above ite p p ms will be calculated using the percentage of the City Component and Interim Improvements construction costs as they relate to the total Pro'ect construction costs. Ci shall coo erate wit ~ tY p h 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 Cit,~ Components, Pursuant to the Cost Share Policy, ACHD's agreement to incorporate the City Components into the Pro'ect is J 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, re air p 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 landsca in pg practices. In addition, the City shall provide ACHD with a maintenance plan for all the Ci tY 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-ftve (45) days from the date it was notified b Y ACRD 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 necessar Y 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 ACHD. INTERAGENCY COST SHARING AND LICENSE AGREEMENT -PAGE 5 ACHD may also elect to enter upon the Licensed Area, retain contractors to remove all City 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 Improvements. If during the term of this A reement ACHD requires, In its sole discretion at an g y time, and from time to time, that the Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code § 40-109 5 on and/or ad'acen ( )) ~ t to the Licensed Area be widened and/or realigned, redesigned, improved and/or reconstructed City hereby accepts responsibility for all costs for relocating, modif in or otherwise ada tin ' Y g p g the City Components to such realignment and/or relocation and/or reconstruction if re uired b ACHD, which shall be accom lished b q Y p y City according to designs, plans and specifications approved in advance by ACHD in writing; provided ACHD shall provide Cit with ade uate Y q written notice as reasonably necessary to allow City to redesign, relocate, modif or ada t the Y p City Components to the realignment and/or relocation and/or reconstruction of the Hi hwa and g Y also licenses Clty such additional area of its Licensed Area, if any, as ma be necessa for the Y rY proper operation of the City Components. 4.4 Permit. If the proposed construction and installation of the City Components, or any reconstruction, repair, relocation or maintenance of the City Components requires Cit to Y obtain a permit under ACRD policies, City shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the re uired fees and q 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 an oint Burin Yp g the term of this Agreement for any work it performs. 4.5 Da__ma~e. 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 required by the this Agreement, or the failure or neglect to perform such maintenance; and/or (11) 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, ACRD 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 Emer enc .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 on or adjacent to the Licensed Area or the safet of the ublic use there Y p of, ACHD shall have the right to immediately perform, on, behalf of, and at the cost of Ci ty, any and all emergency repairs. 4.7 Relocation of Utilities. City will be responsible for the relocation of an existin utilities located in the Licensed Area as ma b y g y e required in connection with any construction, installation, repair, replacement, or maintenance of City Components b Cit in the Licen Area. Y Y sed SECTION 5. LICENSE 5.1 Purpose of License. ACRD 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 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 Cit a license Y on, over, across and under the Licensed Area for the following uses and purposes the » ~ "Authorized Use) and no others: the construction, maintenance, repair, re lacement and p 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 ri ht-of wa has been g Y opened as a public Highway, City's Authorized Use is subject to the rights of the ublic to use P the right-of way for Highway purposes. City's Authorized Use is also subject to the ri hts of ~ g holders of easements of record or obvious on inspection of the right-of way and statutor ri hts Y g 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 redesi n g~ reconstruct, relocate, maintain and improve its public rights-of way and Highways as authorized bylaw and as it determines, in its sole discretion, is appropriate. 5.4. waiver and EstoppeUStatement by City. City acknowledges and agrees that the license granted herein is temporary, and merely a permissive use of the Licensed Area ursuant P to this Agreement. City further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement maybe 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 rovided herein the to conditions of this A reem p ~ rms and g ent shall not create any type of property right, title or interest in Cit in or to the Licensed Area other than the ri ht to tem oraril y g p y use the same pursuant to the terms of this Agreement. 5.7 Taxes and Assessments. City agrees to pay all special assessments and er p sonal property taxes that may be levied and assessed on the City Components Burin the term of this Agreement. g 5.8 Restoration on Termination. Upon termination of this A reement for an rea City will rom tl remove all Ci g Y son, p p Y ty Components and restore the Licensed Area to at least its present condition. Should City fail or neglect to promptly remove the Cit Com onents an restore the Licensed Area y p d ,ACHD may do so, and assess City for the costs thereof. Provided ACRD and City may agree in writing that some or all of such Cit Com onents are to re ' Y p main on the Licensed Area following termination, and by entering into such an a reement Ci disclaims all ri ht titl g ty thereby g e and interest in and to the same, and hereby grants such City Com onents to ACHD, at no cost. Further rovided if the A p p uthorized Use of the Licensed Area under this Agreement is for landscaping in ACHD right-of way and the irri ation and maintenance g thereof, and the general purpose government with jurisdiction has ado ted ordinances rul p es and regulations governing the landscaping and maintenance of such ri ht-of wa b owners g y y of the adjacent property, to the extent such owners are obligated to maintain and irri gate the landscaping City need not remove the same from the Licensed Area. 5.9 Compliance with Law/Waste and Nuisance Prohibited. In connection with Cit 's use of the Licensed Area, throu hout the term of this Y g Agreement, City covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes ordinan ces, policies, rules and regulations, including, without limitation, those relatin to traffic an edestrian safet g d p y, the Clean Water Act andlor to the presence, use, generation, release, dischar e storage or disposal in, on or under the Licensed Are g ' a of any Hazardous Materials (defined as any 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, re ulation or occurrence g presently in effect or that may be promulgated in the future); (ii) obtain an and all ermits and Y p 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 indemni and hold fY ACRD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directl or indirectl Y Y from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. 5.10 No Costs to ACHD. Any and all costs and expenses associated with Cit 's Authorized Use of the Licensed Area or th Y e 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 6.1 City Indemnity. City 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 performance of any obligations of City hereunder, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by City hereunder. For claims or actions arising out of failures or neglect occurring during the term of this Agreement, City's obligations pursuant to this section shall survive the termination of this Agreement. 6.2 ACHD Indemnity. ACRD hereby indemnifies and holds City 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 ACHD, ACHD's employees, contractors and agents, in connection .with its activities under this Agreement and the exercise of any privileges or performance of any obligations of ACHD hereunder, and including any attorney fees and costs that maybe incurred by City 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 Agreement. ~F.CTTnN 7. TERM OF AGREEMENT/TERMINATION The term of this Agreement will continue until terminated by ACRD, either (i) with or without cause, which termination shall be effective following thirty (30) days' advance written notice of termination given to City by ACHD, or (ii) upon default by City pursuant to Section 5.2 above. 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 landscaping as set forth in this Agreement is an ordinary and necessary expense. Upon expiration of the thirty (30) days, ACHD may, at its option, record a document reflecting the revocation of this Agreement in the official real 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 S. 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 Intera~enc ^ reement/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 ACHD. 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 A reement. 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 Severabili 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 Headin s. 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 WI~REOF, the parties hereto have executed this Agreement the day and year first above written. City• ~a~3~~~ sy: Its: May ATTEST: ~ ~ ~~ . ~ ~ ~'~- G q~, , f' `~ p00 ~O z a ~ ~ Cit Clerk ~ ~' ~ r ~ s ~ ' d Y ~, ~~ ~,~~ ~o rY t ACRD: ADA COUNTY HIGHWAY DISTRICT .~~ f' f~ F IV• ~/ / i ~y, I~~ rs ~n 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 i~ ~~~ ~~'~ ~'~ Paramatrl~c FINAL DESIGN SCOPE OF WORK Franklin Road Ten Mile to Linder ACHD Project Ho. 508019 -GIS# RC01 fi5 Praject Description ACHD selected the Parametrix team to prepare the concept design and environmental evaluation for the Franklin Road Ten Mile to Linder) project. This work has been substantially completed. The Concept Report and Preliminary Environmental Evaluation were developed as part of the concept design scope of work in accordance with Idaho Transportation Department requirements, The approved project concept, as defined in the Concept Report and Preliminary Environmental Evaluation, will serve as the basis for this Scope of Work. However this project will be completed with local funding to ACRD standards and therefore requirements specific to the federal aid process will not be included. This scope of work includes Preliminary Design, Draft Final Design, Right-of-Way Plans, Final Design Plans Specifications and Estimate, Project Tasks This project will be designed using English units and ACHD standards. All deliverables, progress reports, and invoices will be submitted directly to ACHD, Submittals shall be at least one hard copy and electronically. The electronic submittals shall consist of a pdf file and in the native file format. References in this scope of work to "Consultant" include Parametrix (prime consultant) and the consultant project team (subconsultants). The Consultant will perform a quality control check of all deliverables prior to submittal. 110 Administration 110.20 Progress Meetings Team meetings will be conducted as needed; approximately once a month throughout the duration of the project. Deliverables: • Team Meetings • Electronic Meeting Minutes 110.30 Project Schedule See project CPM schedule for the initial project schedule. Consultant will update the project schedule monthly and provide updates. Deliverables Initial Project Schedule Tracking Updates (MS Project and PDF Format) Monthly CPM Schedule 110.40 Progress Reports and Invoicing Consultant will staff and manage a project team to provide project deliverables, monitor budget and schedule, and coordinate with ACHD on a regular basis or as directed. Monthly progress reports and invoices will meet ACHD's requirements and will include the Monthly ACHD FINAL DESIGN SCOPE OF WORK Parametrix Franklin Road (Ten Mile to Linder) November 19, 2007 ACHD Project No. 508019-GIS# RC01fi5 Page 1 of 10 ~,{ A Parametrix Progress Status Report. Each Progress report shall include a copy of the current updated Project Schedule. Deliverables • Monthly Progress Status Reports • Invoices 220 Preliminary Design The intent of the preliminary design effort will be to refine the horizontal and vertical alignments and develop the basic project features, drainage and irrigation design, grading limits, right-of-way requirements, and utility requirements. The preliminary design effort will conclude with a Preliminary Design Review Meeting. 220.10 Preliminary Roadway Design Preliminary Roadway Design Based on the recommended alternative in the Concept Report, the preliminary roadway design will be completed. This work includes title sheet, and plan and profile sheets required for the Preliminary Design Review. The preliminary roadway design will include typical sections, earthwork limits, horizontal and vertical alignment details, and driveway approaches. Preliminary Drainage Design Based on the Concept Report, pipe storage stormwater detention is proposed for this project. The stormwater generated by the project will be analyzed to determine general flow characteristics, quantity and direction of stormwater flow. Design hydrology will be calculated using the rational method for conveyance flow and the SCS method for detentionlwaterguality volume. The storm drainage system and outfalls will be designed for gravity flow only. Water quality treatment will be attained through a combination of flow detention and ACRD standard sedimentlgrease traps. Detention and water quality treatment facilities and drainage conveyances will only be designed for flows originating from the proposed ACRD right-of-way along the project limits. Water quality treatment facilities will be limited to sedimentlgreasetraps orother structural BMPs approved by ACRD. The drainage design will be included on the preliminary roadway plan and profile sheets. The preliminary drainage design will provide the general layout of inlets, storm drains, initial pipe sizing, pipe detention facility layout, and water-quality facilities. Preliminary Irrigation Design The Concept Report identified that the Von Lateral will need to be relocated as part of this project. The Von Lateral crossings on Franklin Road within the project limits may be replaced as a part of this project. However, this project does not include replacing the east crossing irrigation headworks on the south side of Franklin Road since this structure is outside of the project limits. Numerous privately awned irrigation facilities will be impacted by the project, including a four foot wide concrete canal paralleling the Von Lateral. All impacted irrigation facilities will be replaced. It is assumed that relocated irrigation facilities will not require embankment fills and associated special provisions. This scope of work ACRD FINAL DESIGN SCOPE OF WORK Parametrix Franklin Road (Ten Mife to Linder) November ~ 9, 2007 ACHD Project No. 508019- GIS# RC0165 Page 2 of 10 ~~- Parametrlx assumes the Eight Mile Lateral will not be impacted by the project and irrigation districtslowners will provide design flows for their irrigation ditches, This scope of work includes attending three meetings (assumed) with the Nampa & Meridian Irrigation District (NMID}and impacted private irrigators, Culvert crossings will be sized using HYD-5 or similar design tools and open channel hydraulics will be simulated using HEC-RAS 3.1.3 or similar modeling software using steady flow conditions. Replacement irrigation facilities will be designed for the existing flow capacity. It is anticipated that irrigation facilities will not be a part of the drainage report and a separate irrigation report will not be required. Deliverables • Title Sheet • Typical Sections (1 Sheet) • Plan & Profile Sheets (10 Sheets} • Other Plan and/or Detail Sheets as Needed (2 Sheets) • Preliminary Drainage Report • Copy of Irrigation Company Correspondence 220.20 Preliminary Right-of-Way Plans Consultant will attempt to contact all property owners to obtain detailed information regarding irrigation systems and property specific improvements, Consultant will prepare the Preliminary Total Ownership Table and color Preliminary Right-of Way Plans. The Preliminary Right-of-Way Plans will be submitted with the Preliminary Design submittal. Deliverables • Preliminary Total Ownership Table (2 Sheets} • Preliminary Right-of-VUay Plans (10 Sheets} 220.30 Preliminary Utility Review The Consultant shall include the information of existing facilities on the plans. Review the horizontal field survey, designating subsurface utilities, and utility location updates. Analyze and adjust the project plans to avoid any unnecessary conflicts with the utilities. Identify and mitigate utility conflicts based on facilities installed since concept design or change/progression in design. Show vertical ties on the plans. (Possible vertical conflicts shall be potholed using subsurface excavating techniques to determine location and the vertical depth of the facility. See section 525.35 Potholing for additional information} 220.40 Preliminary Opinion of Cost Consultant will prepare a preliminary opinion of probable construction costs based on the preliminary design plans, The estimate will be prepared in a Microsoft Excel spreadsheet format. Deliverables • Preliminary Opinion of Cost ACRD FINAL DESIGN 5COPE OF WORK Parametrlx Franklin Road (Ten Mile to Linder) November 19, 2001 ACRD Protect No. 508019- G IS# RC0165 Page 3 of 10 f ~}}`~- P~rametr~x 220.50 Preliminary Design Submittal The preliminary design submittal package will be prepared and submitted to ACHD for review five weeks prior to the review meeting. ACHD will be responsible for transmitting submittal documents to irrigation districts, utilities, and local agencies for their review. 25 sets of the design plans will be submitted. All plans will be 22" x 34". Deliverables • Preliminary Design Plans 220.60 Preliminary Design Review Meeting Consultant will attend a review meeting at ACHD and prepare a meeting summary. ACRD will provide comments two weeks prior to the meeting and the Consultant shall compile comments prior to the meeting. The Consultant will attend the Preliminary Design Review meeting to discuss review comments, ACHD will make final decisions for conflicting review comments. Consultant will document review comments and prepare a final CommentlResponse Matrix for comments received. 230 Draft Final Design Comments from the preliminary design submittal will be addressed during the draft final design. Comments will be incorporated into the final design documents as appropriate. 230.'10 Draft Final Roadway Design Roadway design elements will be finalized and details will be developed. Construction notes and quantities will be added to the plan and profile sheets per ACHD standards and requirements. Private approaches will be further designed based on the final horizontal and vertical alignments. Deliverables • Title Sheet • Typical Sections (2 Sheets) • Roadway Plan & Profile Sheets X10 Sheets} • Detail Sheets ~4 Sheets} 230.15 Draft Final Drainagellrrigation Design Storm drain and irrigation design elements will be finalized and drainage details will be developed. Construction notes and quantities will be added to the plan and profile sheets per ACHD standards and requirements. Pipe storage and water quality plan sheets and details will be prepared and added to the plan set. Relocation of irrigation structure details and plans will be provided. The drainage report will be finalized as a part of the final design process. Irrigation structures will not be addressed in the drainage report. Deliverables • Pipe Storage Details ~2 sheets) • Drainage Details (4 sheets} • Approval LetterslDocumentation as Required or Directed • Final Drainage Report ACHD FINAL DESIGN SCOPE OF WORK Parametrlx Franklin Road (Ten Mile to Linder) November 19, 2001 ACHD Project No. 508019- G!S# RC0165 Page 4 of 10 •~ {x~'~,~,• Parametrix 230,25 Erosion & Sediment Control Plans Consultant will prepare a draft and final Storm Water Pollution Prevention Plan (SWPPP} for the project. Deliverables • Draft and Final SWPP Plan • SWPPP Sheets (7 3 sheets) 230.35 Draft Final Right-of-Way Plans The right-of-way plans and total ownership table will be finalized. Consultant will also prepare legal descriptions for all proposed additional right-of way and permanent easement parcels (assumed 50 legal descriptions}, Four color 11" x 17" sets and two black and white 11" x 17" sets of the right-of way plans will be submitted to ACRD. The Final Right-of-UUay Plans will be submitted with the Final Design submittal. Deliverables • .Final Total Ownership Table (2 Sheets} • Final Right-of-Way Plans (10 Sheets • Legal Descriptions (up to 50} 230.40 Draft Final Opinion of Cost The preliminary opinion of probable construction costs will. be revised based on the final design plans. Deliverables • Final Qpinion of Probable Construction Cost 230.45 Specifications Consultant will prepare special provisions, modifications to the ISPWC and ACHD standards, supplemental specifications, and contractor notes. Deliverables • Specifications 234.55 Contract Tirne Determination Consultant will prepare a MS Project Gantt Chart showing anticipated construction tasks, The Gantt Chart will be utilized as a tool during project programming and is not intended to represent the Contractor's final schedule. Deliverables • MS Project Gantt Chart 230.74 Draft Final Design Submittal The final design submittal package will be prepared and submitted to ACHD for review five weeks prior to the review meeting, ACHD will be responsible for transmitting submittal documents to irrigation districts, utilities, and other agencies for their review. 25 sets of the design plans will be submitted. All plans will be 22" x 34", ACHD FINAI. DESfGN SCOPE OF WORK ParametNx Franklin Road (Ten Mile to Linder) November 19, 2007 ACHD Project I~lo. 508019- GIS# RC0165 Page 5 of 10 ~ ix~r~+~ Param~trlx Deliverables • Final Design Plans • Final Opinion of Probable Construction Cost {2 copies) • Specifications X15 copies} • Contract Time Determination Schedule MS Project Gantt Chart • SUVPP Plan {4 copies) 230.7'1 Draft Final Design Review Meeting Consultant will attend a review meeting at ACND and prepare a meeting summary. ACND will provide comments two weeks prior to the meeting and the Consultant shall compile comments prior to the meeting, The Consultant will attend the Final Design Review meeting to discuss review comments. ACND will make final decisions for conflicting review comments. Consultant wilt document review comments and prepare a final CommentlResponse Matrix for comments received, 230.75 Draft Final Design Review Revisions The final design submittal will be revised to reflect review comments, as appropriate. Revised submittal documents will be compiled and resubmitted as a part of the Final Design submittal. Deliverables (see Final Design submittal] 230.80 Revise Plans per RI'W Contracts Not Included This scope of work does not include revising right-of-way plans, legal descriptions, or construction documents to reflect right-of-way agreement revisions, This work may be completed as additional services, 240 Final Design Plansy Specifications & Estimate The revised final submittal documents will be compiled into the PS&E submittal. 240.'10 Quality Control Check Consultant will perform a quality control check of the Final Design documents prior to submittal. 240.30 Final Design .Package The design documents will be sealed and signed by an Idaho Professional Engineer and submitted to ACHD, The submittal shall be submitted with at least one hard copy and electronically. The electronic submittals shall consist of a pdf file and in the native file format. Deliverables • Project Plans {one mylar & electronic} • CADD files • Contract Time determination • Final Opinion of Probable Construction Cost • Specifications {one paper & electronic) Summary of Non-bid Items ACWD FINAL DESIGN SCOPE OF wORK Parametrix Franklin Road (Ten Mile to Linder) November 19, 2007 ACHD Project No. 508019- GIS# RC0165 Page fi of 10 ~ Parametrix • MS Project Gantt Chart 400 Traffic 410 Construction Traffic Control Consultant will prepare an advanced construction signing plan and a traffic control plan showing signing, pavement markings, and barricades necessary for meeting MUTCD and ACRD design standards. The plan will be developed to maintain one travel lane in each direction on Franklin Road when possible. It is assumed that Franklin Road can be constructed in two (2) stages. A construction staging plan (1" =150'} and detailed traffic control plans (1" =100') will be developed. The traffic control index and traffic control quantities sheet will not be completed as part of the preliminary design phase. 410.'18 Preliminary Construction Traffic Control Plan The preliminary traffic control plans will be prepared. Plans will be submitted with the Preliminary Design submittal, Deliverables • Preliminary Advanced Construction Signing Plan (1 sheet) • Preliminary Traffic ControllConstruction Staging Plans (6 sheets) • Preliminary Detailed Traffic Control Plans (16 sheets) 410.20 Final Construction Traffic Control Plan Consultant will finalize the traffic control plans. The traffic control index and traffic control quantities sheet will be completed. Plans will be submitted with the Final Design submittal. Deliverables • Final Traffic Control Index (1 sheet} • Final Advanced Construction Signing Plan (1 sheet) • Final Traffic Control/Construction Staging Plans {6 sheets) • Final Detailed Traffic Control Plans (16 sheets) • Final Traffic Control Quantities {1 sheet} 420 Traffic Signal Traffic signal plans will be designed for the intersection of Franklin Road and Ten Mile Road to accommodate the necessary changes to the traffic signal due to this project, The traffic signal will be constructed as a part of ACHD's Ten Mile project and is scheduled for construction prior to construction of this project. Signal modifications will be based on the proposed Ten Mile signal design. Only the traffic signal intersection plan showing the required modifications (1 sheet) will be completed, it is assumed that a traffic signalization detail sheet is not required. This scope of work assumes that the only required modifications to the signal include the following: the addition of a left-turn signal head and R3-5L sign on the mast arm of Pole A (northwest quadrant), the addition of a signal head on the mast arm of Pole C (southeast quadrant), and the addition of a left-turn signal head and R3-5L sign on the mast arm of Pole D {southwest quadrant}. It is assumed that no additional wiring from the traffic signal ACHD FINAL DESIGN SCOPE OF 1NORK Parametrix Franklin Road (Ten Mile to Linder) November 19, 2001 ACHD Projec# No. 508019- GIS# RC0165 Page 7 of 10 ,/ ~°~~~ Pararnetrix cabinet shall be required for the traffic signal modifications, It is assumed that no traffic signal modifications are required for the intersection of Franklin Road and Linder Road. Traffic signal plans will be prepared per ACRD standards. 420.'10 Preliminary Traffic Signal Plan The preliminary traffic signal plan will be prepared. It is assumed that the traffic signalization detail sheet is not required. Plans will be submitted with the Preliminary Design submittal. Deliverables • Preliminary Traffic Signal Pian ~1 sheet} 420.20 Final Traffic Signal Plan The traffic signal design will be finalized. Dimensions and construction notes will be shown on the signal plan. It is assumed that the traffic signalization detail sheet is not required, Plans will be submitted with the Final Design submittal, Deliverables • Final Traffic Signal Pian ~1 sheet) 430 Pavement Marking Consultant will prepare pavement marking plans at 1" = 20' X22" x 34" sheets} for Franklin Road within the project limits detailing new pavement markings required as a part of the project. This project will also include some new pavement markings on the legs of the Ten Mile RoadlFranklin Road intersection that are required due to this project.lt is assumed that no pavement marking design will be completed for Linder Road as no roadway improvements are assumed for Linder Road. 430.10 Preliminary Pavement Marking Plan The preliminary pavement marking plans will be prepared, Plans will be submitted with the Preliminary Design submittal. Deliverables • Preliminary Pavement Marking Plans X10 sheets) 430.20 Final Pavement Marking Plan Consultant will finalize the pavement marking plans. Plans will be submitted with the Final Design submittal. Deliverables • Pavement Marking Detail Sheet • Final Pavement Marking Plans X10 sheets) 440 Signing Consultant will prepare the signing design for Franklin Road within the project limits detailing all new traffic signs required as a part of the project. The signing design will be included on the pavement marking plans and no separate deliverables will be provided. It is anticipated ACHO FINAL DESIGN SCOPE OF WORK Parametrix Franklin Road Ten Mile to Linder) November 19, 2007 ACRD Project No. 508019- GIS# RC0165 Page 8 of 10 ~{'_'~, Parametrlx that ACRD will provide all signs to the Contractor. Therefore, this sco a of work does include preparing sign layout details, p not 440.'10 Preliminary Signing Plan The preliminary signing design will be prepared and shown on the avement markin Plans will be submitted with the Prelimina p g plans' ry Design submittal. Deliverables • Refer to Deliverables for Pavement Marking Plans 440.24 Final Signing Plan Consultant will finalize the signing design on the pavement marking plans. Plans will be submitted with the Final Design submittal. Deliverables • Refer to Deliverables for Pavement Marking Plans • Sign Detail Sheets (2 sheets) 460 illumination This scope of work assumes that no modifications are required to the current desi n for the intersection lighting at the Ten Mile/Franklin intersection. It ' g is also assumed that other street lighting will not be included for this project. Conduit and junction boxes for future li htin will be shown on the typical section sheets. Future use cond ' g g uit and ~unct~on boxes will not extend beyond the project limits. No separate deliverables will be included as part of this task. 5't0 Primary Control 525,20 Acquisition Appraisal Staking (Not Included Per ACHD's request, this work will be completed by ACRD staff, 525.30 Monumentation (Not Included Per ACHD's request, this work will be completed by ACRD staff. 525.35 Potholing Consultant will pothole throughout the corridor to identify the presence of subsurface utilities at specific locations. The intent of this task is not to identify ail utility locations and the Contractor will be responsible for locating ail utilities during construction. Potholing will be accomplished with a vacuum truck to minimize field impacts. This scope includes up to 25 potholes. Utility locations will be marked in the field by Digline and pothole locations will be based on the Digline locates. Consultant will coordinate pothole requirements and locations with ACRD. Consultant will be available to provide additional potholing as Additional Services. Deliverables • Aotholes (25) ACRD FINAI. DESIGN SCOpE OF WORK Parametrlx Franklin Road (Ten Mile to Linder) November 19, 2007 ACRD Project No. 508019-- GIS# RC0165 Page 9 of 10 Pa~ame~rlx 600 Materials {Not Included) This scope of work assumes no additional geotechnical exploration or testing will be required. A Phase 1 Report was completed during the Concept Design for this project. The pavement section from the Phase 1 Report will be used for the preliminary and final design of this project Changes to the Ten Mile Creek crossing structure is not a part of this project and therefore will not require geotechnical investigation. l00 Environmental 760.10 Joint Permit Application Consultant will prepare a joint permit application as waters of the US, including wetlands, are located in the project area and are anticipated to be impacted by the proposed project. This task includes completing the permit application form, exhibits, and developing a mitigation planlstrategy in collaboration with ACRD and the Army Corps of Engineers {ALOE}. It is assumed the latter would occur during apre-application meeting between Consultant, ACRD, and ALOE in advance of the draft permit application being submitted. Assumptions • ACRD will arrange the pre-application meeting • ACRD will submit the draft application for review by ACOE Deliverables • Draft Joint Application for Permits {2 copies) • Irinal Joint Application for Permits {4 copies) 900 Public Involvement 920.10 Public Meetings ACHD has indicated that they will be responsible far all aspects of the public involvement process. Consultant will work with ACHD to provide information for the newsletter and project fact sheet. ACHD will prepare the mailer and be responsible for all costs associated with publishing and mailing. Consultant will be responsible for attending the public meeting {up to 3 staff members} and preparing displays for the meeting. The Consultant's displays will consist of plan and profile sheets and an aerial map to show project details. ACHD will be responsible for advertising the public meeting. Deliverables • Public open house materials • Open house staff support (up to 3 staff members) ACRD FINAL DESIGN SCOPE OF WORK Parametrix Franklin Road (Ten Mile to Linder} November 19, 2001 ACHD Project No. 508019- G1S# RC01fi5 Page 10 of 10 ICI Q ~^J Lys r.~~ C~ C ~`-_~ ~~; r-~' ! ~~~ ~o~ C its 0 ~~ G= q CO ~~ a 4~ 4~ ~~ ~ o << F' r/ fir/ h `~\~` \~~\ ~~\ a~~~ 3r~\~ h ~~~`~\\~\\,\@~"~`~t ~\ ~~ ~~ ~~~~ ~ ~ h \ ~\ J \ ~ \ ~~ ~ ~ \` ~ °a\ h `\ a \\p ~~ gyre', '~. ~ ~ \ ~ t~h 3+~ { ~ (~y, ~ `` ~`\ h i p J~ p ~ ,1\ ! !E ~Y+~51 ~ ~~ ~~LI ~I~ Fr ~ ~ g9ig' urn I+~YY~P~f r~r1~ f Irn ~.~ ~~ ~~ ~~ cW x~~, Mx`~t}4^~i4i~'~~~~'P~~EP iii i~~~l1( M~Yi~iui~ t's~~ i3~ `ti,x~~:, H- ~~riV~}~ atb ~ i~ ~j~r~~~' ~Irii ~ ~ vr1 ~ ~°al'ip ~ o Nii ,iii iii ~i { ,,i ui iii i i~i'u;r~' xrl!Yt;~;uc'. +~ V ``~ ,1~ `~'~ T a~~ ~~ ; ; \ ~ h~~ \ ~ ~ ``~ ~ ~ "\ \ ~ ~ `\ ~„ ~'~ ~ ' ~ '. j ' ill.. f~~ 1 .R, ~~ ,. ~ ,w'~.w 'r'9trr ~'~ `r ~ ~ ~vrWVaM~n ~~y\nuu. ~ ~ ore ,~ ~ o~ ll~T~~I~C ~~~ ~~~~ P~-~..~ l ~~ ~~ ~~~c~~u ~~ 3 ~ (39, ~ ~urpas~ in Est~bl~shing an lr~terag~i~c~ Copt share Polio The ~u~pose of the cost share p~il~y is to dune the rol+~ of ~C~l~ ` ' c~t~+~s, the unt~~ urban real ~~~~es~ ~+~~ ether p~~ential ~rtn~ i~ a ens ~ndln ~ n~ ~ " ~ ~ g 5 in ~ attc-n and ~vr~t~a~apart~on~ a%raents of A~CH's read pro~+~ct~. The c~~ shire p~li rr~ainin ~exbillt~ far AC~Ip to consid$r unl e ~eatur+~s ~f prajacts a r~ie ~ ~~ ' ~~ qu sires of ~ partneng a~errc~ea~ for raad~ra~ features thin their bound~aoas~ each partnerin enc has lts ~anl ue aesthetic vision ~ ~ Y ern ~ ~~~ ~t~ m~un~ and a aesthe~c features wt desires, trorn hand caped~ rnedlans, to ~~ trees;, to vn stmt ~i , tv ~ s an d~mar~sr+~ns of s ~ , , , ~ ~Y d ~d+valks. This pol~~Y allows fiex~b~ltty within the r~ad~ra design process, establishs a consistent set f ~ a transportaton elements that ACHC will tend for all partnering agenvies and provide the v vrtun' for financial articai at' ~ pp p p ua-n from each partner~n+g agency to make its own aethestic rri~ion a reality. This palic~ is nvt intended. t~ +~o~uer errs a~ssi . P ble srtuatton ~n ~vh~ctr des~ons about cast sharing must ocaar~ This palic is intend tv cornpler~ent the spedi~~ aut~c~rity granted tv ~CN~ pursuant to the Idaho Constrtu~on and Idaho Code, not re~l~~ce ar supersede itw !f there is a nfli+ between this policy and state and~or tedaral law, state andlor federal la~v s a ! hl ntreh The lnteragenc~r Cost ~~hare ~'olicy ray ~ppEy to the folio~vin~ artneri g~ agencies: . Cities 2. Counties 3, Crban Renewal. Agencies ~. Idaho Trensportaticn C~epartment 5. hleighb~-rin ~aur~ties end higl~ray districts fi~ School drstr~~#s 7. l~tilities 8. Regional Publie Transportation Authority (VRT) 9• Mst~opolitan Planning Qrganization (MPO) ar Transportation Management Agency (TMAj erne pr~~ects may require l~~~ and a prtneri~ agr~ to partner Frith prrVate er~tr~es~ such as de~relopers or pate ud~ities, tv find both trr~spo~#atian an~i n~ntrans~-o~e~on Bents +~f s p~~a`~i ~d~i: Revised ~~a~ - ~ Sirs 31p~ • 1n~r~c~ Cd~t Shoe P~ri~~ ~Ci.~Ai~ ~-4909) ~~~. D4G ~. Traffic fan#~a1 D!~~-~ ~ Traffic ~ina~s ~as~in ~c~~n~ ~i na striping and intelii ~ trams ~ , , . ~ ~ 9 ge, ~ par~~~en ~~r#~n~ f~llt~e~, . ~r~inage - term wader statures where ne~cessa far matarist safe and n~~tntenanc ~ e. '! g.~ 1 ~lter~ati a Trn~perta~n 1. AI~,C:~- accon~afes standard pe+destdien er~d bi c!e facilities in mad way and ~nterse+un pro~eats, as del~ned by ~:~N~'~ ~.ivable e~et ~esic~n ~~~~ or tither c~ass- seaon peiicies~ ~~ issues related to construction, placement ter rele~atian ofi transit structures in the ri~ht~af-way shat! be ~ddres~d through the +~aaperative ~-greement far Transit structures betty~n ~~HD~ end Valley Ra~ianai T~ns~t. 3~~!~~3~~ #ntelligelnt Transportation system funding fir ITS projects ofl` of the ~~h1D system ma ~e mina ed b A+~HD y ~ ~ but wlliy rec~ura foil funding ar lorcal match Pram the agency an ~rhase ~ stem Y the prc~ect exists. ~~ Dg.3.~ ~tarm waf er t~uality A~H~ is responsible fear design, t~onstructlon~ and rerronstruction taf s t~r~n water drainage where necesa far rrrtato-rist safety or r'~~ht-moray maifenence, if AHD determines that an agency~s request fc-r a project will have. an adverse ~~eCt on storm water quantity Qr t~uality, the requesti a en , at i~ sole cost shat! be r ~ .. 9 cY espvr~s~ble fiat m~t~gatln~ any such adverse afifiects. 31 gg.~ Na~r~-Transportation vmpa~~nts load pr~jact elenr~e#~ts a~rer which Ai~l-l~ has no statutory authority, nnust be ct~v~dinated with the appropriate land use andlor public tran~portat~r~ agen . cY 3 ~ ag.4. ~ ~--esthetic features A partnering agency may.. request the ir~c~usn of ~e1~e#ic features far roadway projects in the ~~lD Fiore-Year word plan. Aesthef is features rr y include, but are not limited. ta, #andattpiin , ~ eciali~ed vemer~t or sidewalk 9 p Pa treatment, decorative lighting, anti other r~on-tran~p~ti~on cornpor~ent fieatures, '~ , If ~ partnering ~~en~y requests ~n aeStl'~etiG feature on ~n ~~HD prtaj~eot that is bey+und ~1~~'s statute fundi~t rY g a~rthor%yr the parrtrterirtg agency will be rettuir~ec~ provide for ~ (lg°lo t~f the casts of tho nc~nn-ansporta~an campan~nt impra~rernenta including design, lan+~ auisition, construction a perpetual ma%ntenance. ~4dvpl: ~,~: ~~~-~ seican ~1~9.1n~enc~ Cast fide Ppy (~I.~,AN ~19wg9} ~~~.Da~GX ~. ~f-fD is re~p~ns~bfe f+~r the cost of medians for ~aff~i~ r~anent rhi~h can fie rnet wv~h f~ardscaping. ~. ~--par~nerin~ a~en~y is reesponsibfe for the i~staiiatlon and m~irttenan~e aesthe~~ feature ~n ~ medf~n. ~~ Tf~e d~rsion to ~rx taff aethestic medf~ns ~vilf rewire ~abfie inr~oer~ent a ~ ~ ~ appf~cabl+s %an~d ~ ~~arisdf~tion upp+a~t. Af~if~ f~a~ gale d~ ~re~on r~i~ re~erd Nnstalf~ion of medians. 10..E f~'edeetri~r~~B~cy~fe Faeiities ~~irnrr~uniti~~ may desire pede~trier~lf~icycfe fa~ifities th,et are be and Livabfa ~ Y A~f~f~ ~ treat f3estc~n Gt~~de or other crvss~~e~tion pofici~s . 'f . fn tf~e pedestrian area, A~f~fD sf~aff p~vide a bu~'er apace to meet Af~A requ~rments as deaf nod fn the l.fvabfe street C~esigr~ wide, A~H:f~ wff pay far rfgf~t~af~~ve to ro~ide a . Y p pedestrian safety buffer up to a total of ~' of buffer space, if a city or partnering e~e~~Y agrees to provide ar eneure nstaflatfort and maintenance of far~d;~ in in the ~~ applicable space. n c~rtai~ raadways, larger ~edest~-er~ zor~es/f~ature~ may be justified et Af~~t~'s expense if it can demonstrated tf~at it is needed for p+ede~ien safei~y arc othen~ise cornpfies v~ith the public ne~~essity requirements for erniment domain set forth. ire the Idaho +~c~nstitution .Art, f, ~ 1 ~ and fdaho G~de ~ ~~7D1 et se . ~. ff a partnering ager~cy~ requests additional bcfe and pedestr"ia~n facilities that are beyond A+~l~ff~'s f..i~rable street design t~ui~de or other cross-section police, e a enc is r wired ~ ~ ~ ~ ~ to provfde 1001 of the c~ia for add~tior~af inr~provernents, ncludir~ degrr, land a~uisiti~n and cons~u~tion. 31094.4 tin-greet Parf~i~g AGHD haft fund the ~igbtf-gay, erts~ruic~~n, and rair~terranr.~ Qf en r -st eat parking when appropriate ors ~rteriahs far A~Nf~ prajectsr n^~treet perfcng on coffector and loaf road s ~wiff odme from d~dica~~ara , +cc~nsister~t wi#~ ~exis#in Af~f~ fi - 4r~wstreet , ~ ~ Pe cY . , perking for art~er~als w~l~ come from dffc~at~ons vuhen required a~ a condttron cif de~elopr~en~ approval, ~r~-street par~ir~g must be appr~~red by ASH. 310!g~4.a Federafly-Funded f~rojects 1. Federal and .date lew~s, rul+a~s ar~d polices determine ghat level of f~a~n4#ren~r~tivr~ elements should be n~cfudec in ~1'P~TII~A projectsy ~: Rer~~s~ad. ~~- ~~ 319 - In~sra~r-~cy c~tshar~ Pally {~~ ~-~9-Q~~ t2~.f3ocx ~~ ~1-i ~ establishes ~ veiled scope of ward for the ro'~t d~sl n 11L~1 t4r ~n~ r ~ ~A p design word. p'arfinenng agencies will be afforded a oppa~tunty to review and c~mrnent are the scope of warp for pr~ect design ~ ensure desired non- transpartstn features are i~c~uded. ~. if an ac~on~y indicates inteiat in p~sbie partici flan after +~ COn~Ultan t design eg~eeent s b+~er~ signed, or requests changes to r~on-t~an~rtat~an ~~atur~~ ~~tde the current deign sec~pe of wvrl~, the par~tedn a enc.: will be selel , , ~ y y ~ep~r~arb-1~ ~~r an~r dd~~~or~ai dest~rr ~vst~ resul~ng Pram their re~uest~ 4. At the conclusion of concept design, and prior to in~tiatin desi n~ A~Hp and the artne ' ~ 9 P nng agency shall enter into an interagency coa# sharing agr+se~ent ~ outline cost share and ether res~-nslbiltles far ~ project. me pro~ec proceed to design Without a eepa~ate ~nc~e t deli n hate, In th~e~ ~ R ~ easy ~~~ and the partnenn9 agency shell determine tie desired featt~r~es and enter rota an interagency east sharing ag~eemen~ eart in the deal r~ ~ g ~-racess. ~. If an agency declines to inter intt~ an i~nterager~e Est shanng agreernent~ a project may be decayed, ter profit design may proceed without incarporeting the par#~edng agen~es' desired Matures. Any additk~nal costs that result Pram a partnering ag~ancy declining to enter Into. an ir~erag+sncy cost sharing agreement., and later uestin additional f ~ 9 eatures, steal be borne ~y the partnering agency. 6. ~artnerng agency requests after project deal n is com late will r u~ i g ~ eq ire full evmpensatn > the partnering agency fear design or pother ~changea in the project, A~HC will wodc with thee. partnering agency to lnrcr rite deal n ~ g features that are feasibly, however not all rectests, inclc~dir~g those fully fur~de~ by the request'rn a en , ma be abl ~ ~ ~ y e #o be ac+rnrnodated due to sMte specific deign nstraints, status of land acquisition, the ro`ect sohedul+~ an ~ ~ d oar fusibility i-ssc~es. ~~ gg~.1 ~le~ration of p'rject onstn~ion Agencies n~~y regcest prc~ect evnstruuctior~ prier to A~H~? edc~ptec prcramrning. ~. if a partnering agency supplernen AHp finding for the transpvrtat~c~n el~men of a prt~ecf, ACHD- awards the proj+~ paints f+~r non~~H~ funding in the riaritization of p project ranking, ~~; R~~sed ~1E~9.7 Se#irm 319 - ~nteenc~ ~ Stye Pvli~ ~c~ 5-19~~~ ~~.~~ 1 t~~,S Prc~cedu, f+ar Par~ipat~n friar to Pr~~c~ Develnpr~er~ ~,ny a~en~ ra~u~tin ~~[p -nsidera~c~n shad foN©r~ tt~e foi~vin pru ~ 1~~.~.1 a~fier tra+~# ~I~p~ aid ~utu~a cqu~~~a~~s l~La: Pa~tnerMrt a an~ias ~ , , ~' '~ . gay ~nd~cate their desire for adds#~~nai ~i~ht~~f-r~a~ f~~ nc~~-trai~s~ta~+on alr~~~ t ar~~ tir~~ b ~an~urr~n ~,1~D ar~d a lirb~e land use 'ur~sdion adc~ '+~~ ~P s ~ p~ ~~ a ~~~h~~f-gay ~ ~ ac+comvd~a ~h desin~d +el~:rnents ~n +~Ht3'~ Master Map and the land use `urisdi~tr~-n~s Future uisitons Ma . ~ ~ ~ ~ ~ . .. ~ , ~ ~ h ac~+~ptron ~nd~+~at~es the. partnar~n~` a~en~y ~s w~11~ng tc~ provide fundm~ fc~r the add~t~anai f+~atures consistent with this oiic and any inters en a regiments. ~ ~ ~ ~- 1. If a partner~n agency and A~~~ ~~ree an the features for a road~vay during a planning effort ~e.~. ~arnprehen$ive plan update sr~k~area or rridor planning eto} they v~ill indioata t~~ir c~arnmitment "'"~~ share ~ a+~q ~{ y ~ an interagency a~r~amant and v~ill eai adopt tie a~pprvpriat+~ right of why width into A~i~l3's Master street Map- and the land use ~urisdition's ~iure c~c~uis~itiens Ma . p ~, A~t~~ viii' seek financi partici~tion from the partnerin ~ enc ~rhen deveio ~ y pent appi~ttions pre,~nt an oppo~unity for dy righ~~af-gay c~quisi-~c~r~. 3. If tl~e partnering c~ency deoline~ to paicipate in ead ri ht-ava a uis~~vr~ A ~ y 9 y +~q ~i~ID r~~ll enquire right-c~~-v~ay for the basic footprint, as ~dened in r~-~l~~~'a l-i~ai~le tr~eet design +~uide or other c~~s-action ~~li+~ies~ ~artnerir~ a en+ies iii be ~ ~ 9 prav~de~l a second. opportunity to purchase, at the partnering agen~yr's sty additional right- of-way durinr~ the fight-of-wad ~ha~~ of MD's ~a its! projects d+~~eloprnent prv~vtd,ed that ~I~H~ and the pe~tnerng ~n +~nter into an intergen~y c+aat sl'~arin a regiment Burin the esi ~ g d gn phase.: 4. if GHQ enters ~nt+o a partitive d~erre~c-~en~ ~gement ~~~ ~m'pro ~I'~~~~~~ ~~ ~Ir ~u~~~Y ~ h~~M.~!t'a~ ~#M'[ ~~ ~ 4~ i III ~ + ~~ ! i nclude the add~~onai r~ghtef-~ra~r ar~d ~dir+ ~ath~t~ featur+~~ adopted in the I~aste~ street Map.. X149.9 i'ro~ects far ~+n+aic ~e~reiopment and Land use foals 1. Project of this n~t~r+~ ti~ai~y e~ra~ve +~ut of oily areas eific iannin~ efforts and incl~a p ~` de projects and. inifi~tiv+ beyrand the trar~sporton system needs end p~edties idant~i~d by A~~I~, ~4 k~vfsed: 31t1~- ~n ~1Q9 - Int~ragen~cy ~`ast ~h~re ~vlf~y ~~~,~~,~ ~1~19~ ~Z~,~oCX 31 ~9.'I 1 ~rv~e~t Cc~t F~~~p~r~sibilities A~~ ~C~~"' P~A~1~R~~~AEN~Y Q+ss~ n ~an~dart~ D-~s n ~+~st n ~f a~it~es ~~ght~af-1~a~t I~'ro~~c~ ~peil~c de~s~gn d~+~n~v~~ ~~#~a I~i~hf of V~f~~ ~~1~~ fir car Livable street hin Wilde brasic amenities s ouined in pvl~cyw street s+~ction if tYll~Y acf+opt~d by including darnag~es, buyouts ACHE and jurisdi~ctia~t err Master end associated legal tests street leap ~~ ACHC~ Capital l~provement Plan -subs-tv pub necessity requlrern~ fog' eminent domain as set forth in the Idaho Constitution Art, f, 1 ~ and Idaho Code ~ 7-7~1 ~t ae~~ Through and PrQj+sct specific de~igrr dir~ensions None Center Tura or Livable street Design Guide Lanes, Curb and dimensions if typology adopted by Gut~er~ Utility A~N~ and jurisdi+~ion in Master strip Stmt Map or ACHt~ Capital ln~pravements Plan M~dian~ if needed for trirc safety ~ Upgraded hardscape ar operatlonsa t~ifh hardscape landscaping.. and irrigation if median is needed fir ~a~ic management. All I~C~, construction, and rnaintenanaa if median is tar a+estttlcs only Buffer forte As spe+ci~ed in ~ Livab ~ree~ Landscape cc~, construckion t~esign Guide for the sic and PO's in excess of fi'; pedesian zor~ ' l~G~ if perpe~ttual maintenance of partnering agency. chooses to landscaping landscape -subject to public ne~ity ruire~nents for eminent domain as set forth in the Idaho Constitution Ark. 1, 1 ~ and ldah+o Code T~7~0~ et se . ~Ilfe Lanes 5' unless c~nstramed ~n a built Grea# than b" urllesS environment, then determined during otherwise sp~ec~f~ed in an project design adopted park sidewalks 5' Greater than ~' unless otherwise spec~ii~d in an ado ted lan Gn ~tr~et Parl~in PC~'~, design, cc~nstructian and Dedicated by the partnering maintenance on ~-CHD- arteridl agency or developer lvr projects collectors and local r+aads, nadioated by developer far arterials when required as a cnnditia~rt of devebpn~ent a ro~rail. Illuminat~On Primarily of ~ene~t to motorists ~nargy and Malntenar~ce ig~tinc~ costs, Pedestrian ligh~ng Adopted. 39D~ ~ 11 Rev~si~d: ~~113~~ - In~genoj~' 1Is Sh~C~a F~IiCy ~CI,.E~1~15-1}9} {~}A~t~X