Cost Share - 2010 - ACHD Project No 307012 - SH 44 / State Street / Ballantyne Ln Realignment - 10/13/2010
ADA COUNTY HIGHWAY DISTRICT
INTERAGENCY COST SHARING AND LICENSE AGREEMENT
PROJECT NAME: SH 44/State St/Ballantyne Ln Realignment Project No. 307012
. THIS AGREEMENT ("Agreement") is made and entered into this I?P day of
()c;tvber- , 2010, by and between the ADA COUNTY HIGHWAY DISTRICT, a
body politic and corporate of the State of Idaho, 3775 Adams Street, Garden City, Idaho 83714
("ACHD") and the CITY OF EAGLE, an Idaho municipal corporation ("City").
RECIT ALS
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 improvements for the SH 44/State
St/Ballantyne Ln Realignment Project, ACHD Project No. 307012. This "Project" is defined
and further described in Section 1 of this Agreement. As part of the Project, ACHD is planning
to construct a realignment of existing roadway which will consist of a three lane roadway with
curb, gutter, sidewalk and bike lanes.
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 A 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
features that are to be incorporated into the Project.
E. On May 27,2009, the ACHD Commission enacted ACHD Policy Manual Section
3109 Interagency Cost Share Policies and Procedures (the "Cost Share Policy") through the
adoption of Resolution 897, which sets forth the rules and regulations for the placement,
installation, and maintenance of non-transportation components within the public rights-of-way.
The Cost Share Policy is incorporated herein as Exhibit C.
F. Section 3109 of the Cost Share Policy provides interested partnering agencies,
including City, the opportunity to identify desired non-transportation components and other
aesthetic features, and to request that they be incorporated into projects such as the Project.
INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 1
ACHD has concluded its scope of work for the Project, has concluded the final design, and is in
the process of acquiring right-of-way for the Project. ACHD has determined that it is possible
for the Project to include certain aesthetic features requested and designed by the City.
G. The City has agreed to adhere to the Cost Share Policy and also agrees to fund
and pay the additional cost associated with the design, construction and maintenance of the
desired landscaping improvements that it has requested be incorporated into the Project.
H. To incorporate the City Components, ACHD will purchase additional real
property for the Project pursuant to the authority set forth by law, including Idaho Code ~ 67-
2322, as further set forth in this Agreement. City shall reimburse ACHD for all costs associated
with the purchase of additional real property, which is currently estimated to be $4,000, as set
forth in this Agreement.
I. In connection with City's obligation to construct, repair, replace, and maintain the
landscaping improvements, City has requested, and ACHD is willing to grant a license to City
for such improvements.
J. 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.
K. 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 anyone 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 is 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), traffic
control devices (traffic signal, signage, striping and intelligent transportation system facilities),
INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 2
storm water structures and other associated work as depicted on Exhibit B. 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.
1.2 City Components: The "City Components" of the Project are defined as and
consist of the following: Aesthetic features including landscaping in the buffer strip shown on
Exhibit A and the additional real property described in Recital H. The City Components fall
within one of the categories set forth in the Cost Share Policy. The City Components 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
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 ACHD. 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 described in
Section 3.2 below. ACHD shall be solely responsible for all design costs associated with the
ACHD Components. In addition, if the City requests any design changes that are approved by
ACHD and that result in a change to the Project design plans and specifications, the City shall
INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 3
either pay directly or reimburse ACHD for any costs associated with the requested design
changes. City 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 by ACHD pursuant
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 Obligations/Possibility of Construction of Interim Components.
City shall be responsible for constructing the City Components; provided, however, that ACHD
shall install an interim treatment ("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, installation, and construction of the Interim Improvements
which is currently estimated to be $10,000 no later than one year from the completion of the
Project. The City shall fully install the City Components within five years of the completion of
construction of the Project.
3.3 Special Provisions Applicable to Construction of City 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 landscaping and
sprinklers 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 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 pay directly and be solely
responsible for the City Components when it installs the City Components. In addition, City
shall also be responsible for reimbursing ACHD for all construction costs associated with the
Interim Improvements. City shall reimburse all construction costs incurred by ACHD for the
Interim Improvements no later than one year from the completion of the Project. ACHD shall
invoice the City for the City Components after completion of the Project and City shall have one
(1) year to remit payment from the date of the invoice or related written document detailing the
amount due.
3.5 Non-Appropriation. If in any Fiscal Year (October I-September 30), the Eagle
City Council fails to appropriate sufficient funds to pay the City Component costs, the
acquisition costs associated with the purchase of the additional real property for the City
Components, and the irrigation sleeves, applicable design costs or any portion thereof, before
the Project has commenced, this Agreement shall terminate effective as of the end of the Fiscal
Year in which the non-appropriation occurred ("Non-appropriation Event"). The City will be
obligated to pay all costs incurred by ACHD under this Agreement until and unless such Non-
Appropriation Event occurs. In the event any payment due and owing by the City to ACHD
under this Agreement has not been paid as of date of the Non-Appropriation Event, such
amounts shall be due and payable to ACHD under this Agreement.
Nothing in this section obligates the City beyond any Fiscal Year except those costs incurred
during any Fiscal Year for this Project that have been appropriated. Payment may be extended
into two (2) Fiscal Years as set forth in this Agreement due to the one (1) calendar year time-
frame the City has to pay for the City Components after the Project has been completed.
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 adhere to the Cost Share Policy, 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 A 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
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 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 Agreement ACHD
requires, in its sole discretion, at any 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 adjacent
to the Licensed Area be widened and/or realigned, redesigned, improved and/or reconstructed,
City hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting
the City Components to such realignment and/or relocation and/or reconstruction if required by
ACHD, which shall be accomplished by City according to designs, plans and specifications
approved in advance by ACHD in writing; provided ACHD shall provide City with adequate
written notice as reasonably necessary to allow City to redesign, relocate, modify or adapt the
City Components to the realignment and/or relocation and/or reconstruction of the Highway and
also licenses City 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
any reconstruction, repair, relocation or maintenance of the City Components requires City to
obtain a permit 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
result of:
Damage. If the Highway on and/or adjacent to the Licensed Area is damaged as a
(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
(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.
INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 6
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
Highway on or adjacent 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,
installation, repair, replacement, or maintenance of City Components by City in the Licensed
Area.
SECTION 5.
LICENSE
5.1 Purpose of License. Upon the transfer of property to ACHD by the City pursuant
to Section 4 above, ACHD will own 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 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
opened as a public Highway, City's Authorized Use is subject to the rights of the public to use
the right-of-way for Highway purposes. City's Authorized Use is also subject to the rights of
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
INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 7
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.
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. City agrees to pay all special assessments and personal
property taxes that may be levied and assessed on the City Components during the term of this
Agreement.
5.8 Restoration on Termination. Upon termination of this Agreement for any reason,
City will promptly remove all City Components and restore the Licensed Area to at least its
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
Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof,
and the general purpose government with jurisdiction has adopted ordinances, rules and
regulations governing the landscaping and maintenance of such right-of-way by owners of the
adjacent property, 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) comply 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,
storage or disposal in, on or under the Licensed Area 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, regulation or occurrence
presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and
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 (including without limitation, reasonable attorneys' fees), arising directly or indirectly
from or in any way connected with the breach of the foregoing covenant. These covenants shall
survive the termination of this Agreement.
INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 8
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
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. ACHD 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 may be 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.
SECTION 7.
TERM OF AGREEMENTrrERMINATION
This Agreement will continue until terminated by ACHD, 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.
INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 9
SECTION 8.
GENERAL PROVISIONS
8.1 Contact Information. The contact for the Ada County Highway District shall be
Project Manager for the Project at (208) 387-6260. The contact for the City shall be Bill
Vaughan at (208) 939-0227.
8.2 Cost Share Policy. The terms and conditions of the Cost Share Policy in effect at
the time of the adoption of this Agreement are incorporated herein. If there is a conflict in the
interpretation of this Agreement and the Cost Share Policy, the Agreement shall control. If there
are any terms and conditions that are absent in the Agreement, but provided in the Cost Share
Policy, then the Cost Share Policy shall control.
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 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 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
INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 10
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.
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.
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Exhibits
Exhibit A - City Components/Licensed Area
Exhibit B - ACHD Components
Exhibit C - ACHD Policy Manual Section 3109 Interagency Cost Share Policies and Procedures
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INTERAGENCY COST SHARING AND LICENSE AGREEMENT - PAGE 12
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EXHIBIT C
3107.8 Standard Drawing Sheets
The District has developed standard drawing sheets with borders, title blocks,
profile grids, and legends. Standards have been developed for title sheets,
plan and profile sheets. detail sheets, traffic control sheets, etc. See Exhibit 10
for examples. These sheets are available in CAD format upon request.
3108 BIDDING AND CONTRACTAWARD
3108.1 Advertisement Period
Refer to Construction Contracts sub-section 2013.3.2, Advertisement for Bids
for minimum petiodsJor advertisement on capital improvement contracts.
3108.2 Contract Award
Refer to Sectioh 2304 Construction Contrtilcts, sub-section 2013.3.3, Awards
for approval process.
3109 INTERAGENCY COST SHARE POLICIES AND PROCEDURES
3109.1 Purpose in Establishing an Interagency Cost Share Policy
The purpose of the cost share policy is to define the role of ACHD, cities, the
county, urban renewal agencies and other potential partnering agencies in
funding both transportation and "non..;transportation" elements of ACHD's road
projects. The cost share policy maintains flexibility forACHD to consider unique
features of projects and recognize the desires of the partnering agencies for
roadway features within their boundaries. Each partnering agency has its own
uhiqueaesthetic vision for its coininuility and the aesthetic features it desires,
from landscaped medians, to street trees, to on street parking, to types and
dimensions of sidewalks. This pOlicy allows flexibility within the roadway
design process,estabrishes a consistent set of transportation elements that
ACHD will fund for all partneringagencles and provide 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
whicl1 decisions about cost sharing must occur. This policy is intended to
compleinent the specific authority granted to ACHDpursuant to the Idaho
Constitution and Idaho Code, not replace or supersede it. If there is a conflict
between this policy and state and/or federal law, state and/or federal law shall
control.
The Interagency Cost Share Policy may apply to the following partnering
agencies:
1. Cities
2. Counties
3. Urban Renewal Agencies
4. Idaho Transportation Departm ent
Adopted: Res. 469 (7/13/94)
Revised: 7/19/95; 12/97; 12/99;5/27/09 (Res. 895); 5/27/09 (Res. 897); 1/27/10 (Res. 920)
3100 - 20
5. Neighboring counties and highway districts
6. School districts
7. Utilities
8. Regional Public Transportation Authority (VRT)
9. Metropolitan Planning Organization (MPO) or Transportation
ManagementAgency (TMA)
Some projects may require ACHO and a partnering agency to partner with
private entities, such as developers or private utilities, to fLind both
transportatio nand non-transportation elements ofa project.
3109.2 ACHO Statutory Responsibilities
As a special purpose government, ACHO's authority to make expenditures is
limited to the specific authority granted under Idaho law. ACHO may only
participate in interagency cost sharing for roadway projects to the extent that its
participation complies with the specific powers granted to it by the Idaho
Legislature as provided for in Idaho Code. ACHO is statutorily authorized in
making expenditures on road improvements which include the design,
construction, reconstruction and maintenance of highways and public rights-of-
way, including drainage. ACHO is prohibited from exercising its powers of
eminent domain to, acquire private property unless the improvement to the
right-of-way is consistent with,ACHO's statutory authority and a public necessity
as defined by established engineering industry standards.
There are two separate chapters in Title 40 of the Idaho Code related to
powers granted to AC HO:
1. Chapter 13 ~ Powers of ACHO outside cities; and
2. Chapter 14 - Powers of ACHO within cities.
ACHO's powers are best summarized under applicable sections of I.C. 39 40-
1310 and 40-1415. Any project improvements that result in costs outside
ACHO's specific statutory mandated powers are costs that must be paid for by
the partnering agency requesting the im provements.
3109.3 Transportation Components
Pursuant to Idaho law, ACHO may fund the following transportation
components:
1. Travel Lanes - Through or turn lanes for the purpose of vehicular
movements;
2. Bike Lanes - Facilities for bicycle use within the curb-to-curb section of
urban roadways or along shoulders of rural roadways;
Adopted: Res. 469 (7/13/94) 3100 - 21
Revised: 7119195: 12/97; 12/99; 5127109 (Res. 895); 5/27/09 (Res. 897); 1/27/10 (Res. 920)
3. Curbs and Gutter - Infrastructure for storm water conveyance on urban
cross-sections;
4. Sidewalks - Facilities for the sate movement of pedestrians; including
related safety buffers;
5. Paved Medians - Facilities installed for purposes of motorist safety,
access management and traffic flow;
6. Retaining Wall~ - Facilities forbuU:ressing of slopes as a result of roadway
design; ,
7. Highway Lighting - Illumination for the primary benefit to the motorist;
8. Traffic Control Devices - Traffic signals, flashing beacons, signage,
striping andinteUigel1t transportation system facilities;
9. Drainage - Storm water structures where necessary for motorist safety
andmairitenance.
3109.3.1
Alternative Transportation
1. ACHD accommodates standard pedestrian and bicycle
facilities in roadway and intersection projects, as defined
by ACHD's Livable Street Design Guide or other cross-
section policies~
2. Issues related to construction, placement or relocation of
transit structures in the right-at-way shall be addressed
through the Cooperative Agreement for Transit Structures
between ACHD and Valley Regional Trarisit.
3109.3,2 Intelligent Trarisportation System
Funding for ITS projects off of the ACHD system 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 motorist safety or right-of-way
maintenance. If ACHD determines that an agency's request for a project will
have an adverse affect on storm water quantity or quality, the requesting
agency, at its sole cost shall be responsible for mitigating any such adverse
effects.
3109.4 Non-Transportation Components
Road project elements over which ACHD has no statutory authority must be
coordinated with the appropriate land use and/or public transportation agency.
Adopted: Res. 469 (7/13/94)
Revised: 7/19/95; 12/97; 12/99;5/27/09 (Res. 895); 5/27/09 (Res. 897); 1/27f10 (Res. 920)
3100 - 22
3109.4.1 Aesthetic Features
A partnering agency may request the inclusion of aesthetic features for
ro~dway projects in the ACHD Five-Year Work Plan. Aesthetic features may
include, but are not limited to, landscaping, specialized pavement or sidewalk
treatments, decorative lighting, and other non-transportation component
features.
1. If a partnering agency requests an aesthetic feature oil an
ACHO project that is beyond ACHO's statutory funding
authority, thepartnering agency will be required to provide
for 100% ofthe costs of the non-transportation component
improvements including design, land acquisition,
construction and perpetual maintenance.
2. If a partnering agency elects to enhance a necessary
transportation component of an ACHo project with an
aesthetic feature, ACHO may provide a funding credit to
the padnering agency thatcoiltributes towards the cost of
the requested aesthetic feature urider the following
conditions: (1) the credit can only be applied toward
enhancing a necessary transportation component and; (2)
the aesthetic feature cannot diminish or eHmiliatethe
function of a transportation component; (3) the ambunt of
the credit will not be greaterthan ACHO's avoided cost of
the transportation component determined by ACHD; (4) the
credit can only be applied on the same project; (5) credits
will not be allowed for avoided costs associated with
changes to number of travel lanes, lane widths or
transportation components required for motorist or
pedestrian safety. The terms of a credit will be specified iil
a project-specific interagency cost share agreem ent.
3. The partnering agency shall be solely responsible to
provide for the ordinary and necessary maintenance, repair
and operation of any aesthetic features installed in the
right-of-way in perpetuity. If the partnering agency fails to
ensure maintenance of the aesthetic features, ACHO may,
after reasonable efforts working the partnering agency to
cure the default, as specified in the applicable interagency
agreement, elect to remove and replace the aesthetic
features with the hardscape or other materials consistent
with standard ACHO practice. All costs associated with
aesthetic removal and replacement will be borne by the
partnering agency. Failure of the partnering agency to
ensure maintenance of aesthetic features may jeopardize
the partnering agency's ability to secure cost sharing
agreements on ACHO projects until defaults are corrected
and ACHD's expenses associated with aesthetic feature
removal and replacem ent have been fully reimbursed.
Adopted: Res. 469 (7/13/94)
Revised: 7/19/95; 12/97; 12/99; 5/27/09 (Res. 895); 5/27/09 (Res. 897); 1/27/10 (Res. 920)
3100 - 23
3109.4.2 Medians
Medians can be provided for aesthetics.
1. ACHD Development Policy, Transportation Research
Board guidelines, and/or established engineering industry
standards, will be used to determine the need for medians
for access management and safety.
2. If a partneringagency requests medians that are not
justified for traffic management based upon established
engineering industry standards, then the requesting
agency shall be required to provide 100% of the costs of
the median, including, design, additional land acquisition,
cOnstruction and m aintehance.
3. ACHD is responsible for the cost of medians for traffic
management which can bemetwith 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 require public
involvement and applicable land use jurisdiction support.
ACHD has sole discretion with regard to installation of
medians.
3109.4.3 Pedestrian/Bicycle Facilities
Communities may desire pedestrian/bicycle facilities that are beyond ACHD's
Livable Street Design Guide or other cross-section policies.
1. 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
pedestrian safety buffer up to a total of 6' of buffer space, if
a city or partnering agency agrees to provide or ensure
installation and maintenance of landscaping in the
applicable space. On certain roadways, larger pedestrian
zones/features may be justified at ACHD's expense if it
can be demonstrated that it is needed for pedestrian safety
and otherwise complies with the public necessity
requirements for eminent domain as set forth in the Idaho
Constitution Art. I, S 13 and Idaho Code S 7-701 et seq.
2. If a partnering agency requests additional bicycle and
pedestrian facilities that are beyond ACHD's Livable Street
Design Guide or other cross-section polices, the agency is
required to provide 100% of the costs for additional
improvements, including design, land acquisition and
construction.
Adopted: Res. 469 (7/13/94)
Revised: 7/19/95; 12/97; 12/99; 5/27/09 (Res. 895); 5/27/09 (Res. 897); 1/27/10 (Res. 920)
3100 - 24
3109.4.4 On-Street Parking
ACHD shall fund the right-of-way, construction, and maintenance of on-street
parking where appropriate on arterials for ACHD projects. On-street parking on
collectors and local roads will come from dedications, consistent with existing
ACHD policy. On-street parking for arterials will come from dedications when
required as a condition of developm~nt approval. On-street parking must be
approved by ACHD.
3109.4.5
Federally-Funded Projects
1. Federal and State laws. rules and policies determine what
level of non.transportation elements should be included in
STP-TMA projects,
,2. The match paid by partnering agencies on a project that
combines Qoth transportation and non-transportation
elements shcill be proportionate to the share of the non-
transportation elements of the project.
3. STP-Enhancement projects may require additional
discussion, and negotiation as non-transportatio n features
are generally components of such projects.
3109.4.6
Mitigation
1. Site specific mitigation may include specialized treatments
such as sound walls, berms and other project components
whose purpose is to mitigate traffic impacts within the
project area. These requests stern from studies, project-
specific outreach, planning efforts, and city requests.
2. Funding of mitigation, beyond that negotiated on a
property by property basis during ACHD right-of-way
acquisition process, will be handled on a case by case
basis in consultation with partnerlng agencies during
project development and with written approval of the
Commission.
3109.5 Notice of Interest
Partnering agencies should indicate possible interest in non-transportation
elements during ACHD's annual request for jurisdiction priorities for the Five-
Year Work Plan (FYWP). A partnering agency should indicate such interest in a
letter to the ACHD Commission indicating project priorities. However,
partnering agencies may indicate such interest at any time by a letter to the
ACHD Commission, SUbject to the limitations in Section 3109.6 below.
3109.6 Project Development
During project development, ACHD will provide interested partnering agencies
the opportunity to identify desired aesthetic features and adopt an interagency
cost share agreement. ACHD will develop the project consistent with the terms
Adopted: Res. 469 (7/13/94) 3100 _ 25
Revised: 7/19195; 12/97; 12/99; 5/27/09 (Res. 895); 5/27/09 (Res. 897); 1/27/10 (Res. 920)
and conditions of an adopted interagency cost share agreement. General
project timelines will be indicated in the FYWP. These timeJines are subject to
change through the annual update of the FYWP. project development and the
bUdget.
1. When the first project design phase is initiated. (concept
design or design) ACHD will involve the partnering
agencies who have indicated an interest in writing to
identify and evaluate alternatives and determine desired
aethesticl non-transportation features
2. ACHD establishes a detailed scope of work for the project
design prior to initiating 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 interest in possible participation after
a consultant design agreement has been signed, or
requests changes to non~transportation features outside
the current design scope of work. thepartnering agency
will be solely responsible for any additional design costs
resulting from their request.
4. At the conclusion of concept design, and prior to initiating
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 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.
5. If an agency declines to enter into an interagency cost
sharing agreement, the project may be delayed, or project
design may proceed without 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
additional features; shall be borne by the partnering
agency.
6. Partnering agency requests after project design is
complete will require full compensation from the partnering
agency for design or other changes in the project. ACHD
will work with the partnering agency to incorporate design
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, the project
schedule, and other feasibility issues.
Adopted: Res. 469 (7113f94)
Revised: 7/19f95; 12f97; 12/99; 5/27/09 (Res. 895); 5/27/09 (Res. 897); 1/27/10 (Res. 920)
3100 - 26
3109.6.1
Acceleration of Project Construction
1. Agencies may request project construction prior to ACHD
adopted programming.
2. If a partnering agency supplements ACHD funding for the
transportation elements of a project, ACHD awards the
project points for non-ACHD funding in the prioritization of
project ranking.
3. If the partnering agency makes a project a top request of
the agency I ACHD awards the project points, for the
partnerihg agency request in the prioritization of project
ranking. A high-rankingtequest is also considered during
the annual Five~Year Work Plan and budget updates, with
efforts made to accommodate the request within other
funding and schedule considerations.
3109.6.2 Acceleration through Cooperative Projects
The ACHD Commission may enter into cooperative agreements with
developers to construct projects through public-private partnerships with
funding arrangements negotiated on a case-by-case basis,
1. ACHD will use the adopted Master Street Map and seek
local land use jurisdiction input to identify desired non-
transportation features when a development agreement is
proposed.
2. ACHD will notify the applicable land use jurisdiction of a
proposed development agreement and the land use
jurisdiction will have at least 30 days, from the date of
notification of the proposed development agreement, to
indicate their desire to become a partnering agency for
non-transportation features.
3. Partnering agencies desiring non-transportation aesthetic
features will have the opportunity to become a party to the
cooperative agreement between ACHD and the developer.
The partnering agency's cost share responsibilities for the
aesthetic non-transportation features will be negotiated
upon terms consistent with this cost share policy, and set
forth in the cooperative development agreement.
4. Partnering agencies seeking cooperative projects for
ACHD system improvements outside of the normal
development review process shall contact ACHD to initiate
discussion and case by case negotiation of appropriate
cost share.
Adopted: Res. 469 (7/13/94)
Revised: 7/19/95; 12/97; 12/99; 5/27/09 (Res. 895); 5/27/09 (Res. a97); 1/27/10 (Res. 920)
3100 - 27
3109.7 Intergovernmental Agreement
Pursuant to Idaho Code 67-2332, ACHD may enter into intergovernmental
agreements with other public agencies for the purpose of performing any
governmental service, activity, or undertaking which each public agency is
authorized by law to perform. Proposed project timeframes, anticipated project
completion dates, paymentandJor reimbursement provisions, as well as other
duties and obligations of the parties, shall be negotiated in terms and
conditions that are consistent with this cost share policy and set forth in a
written intergovernmental agreement. The agreement shall be adopted by both
the ACHD Commission and the partnering agency's governing body.
3109.8 Procedures for Participation Prior to Proj ect Development
Any agency requesting ACHD consideration shall follow the following
procedure:
3109.8;1 Master Street Map and Future Acquisitions Map
Partnering agencies may indicate their desire for additional right-of-Way for
non-transportation elements at any time 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 indicates 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 otway width into ACHD's Master Street Map and the
land use jurisdiction's Future Acquisitions Map,
2. ACHD will seek financial participation from the partnering
agency when development applications present an
opportunity for early right-of-way acquisition.
3. If the partnering agency declines to participate in early
right-ot-way acquisition, ACHD will acquire right-at-way for
the basic footprint, as defined in ACHD's Livable Street
Design Guide or other cross-section policies. Partnering
agencies will be provided a second opportunity to
purchase, at the partnering agency's cost, additional right-
of-way during the right-of-way phase of ACHD's capital
projects development provided that ACHD and the
partnering agency enter into an interagency cost sharing
agreement during the design phase.
Adopted: Res. 469 (7/13/94)
Revised: 7/19/95; 12/97; 12/99; 5/27/09 (Res. 895); 5/27/09 (Res. 897); 1/27/10 (Res. 920)
3100 - 28
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 Master Street Map.
3109.9 Projects for Economic Development arid land Use Goal s
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.
2. Funding expectations for such projects are to be clearly spelled out and
resolved during the planning process prior to presenting the project to the
Commission. for adoption.
3109.10 Exceptions
The Commissiori reserves the right to consider exceptions from this policy on a
case-by~case basis and in accordance with Idaho law.
1. The Commission may approve roadway design features that differ from
the standard policies by adopting a concept design that specifies the
alternative features.
2. A partnering agency may propose an exception during negotiation of a
project specific interagency agreement. The agency proposing an
exception should provide a justification for Commission consideration.
3. If there is an existing project specific interagency agreement. a partnering
agency may propose an amendment to such agreefn ent proposing an
exception, with justification for Commission consideration.
[Section 3109.11 on following page]
Adopted: Res. 469 (7/13/94)
Revised: 7/19/95; 12/97; 12/99; 5/27/09 (Res. 895); 5/27/09 (Res. 897); 1/27/10 (Res. 920)
3100 - 29
3109.11 Project Cost Responsi bilities
ITEM ACHD COST PARTNERING AGENCY
Desion Standard Desicm Desion of Amenities
Right-of-Way Project specific design dimensions Extra Right of Way (ROW) for
or Livable Street Design Guide basic amenities as outlined in policy,
street section if typOlogy adopted by including damages, buyouts
ACHDandjuiisdiction in Master and associated legal costs
Street Map or ACHD Capital
Improvement Plan -subject topubilc
necessity requirements for eminent
domain asset forth in the Idaho
Constitution Art I; ~ 13 and Idaho
Code~ 7-701 etseq.
Through and Project specific design dimensions None
Center Turn or Livable Street Design Guide
Lanes,' Curb and dimensions if typology adopted by
Gutter, Utility ACHD and jurisdiction in Master
Strip Street Map orACHD Capital
Improvements Plan
Medians If needed for traffic safety & Upgraded hardscape or
operations, with hardscape landscaping and irrigation if
median is needed for traffic
management. All ROW,
construction, and maintenance
if median is for aesthetics only
Buffer Zone As specified in the Livable Street Landscape costs, construction
Design Guide for the basic and ROW in excess of 6';
pedestrian zone; 6' ROW if perpetual maintenance of
partneringagency chooses 10 landscaping
landscape -subject to public
necessity requirements for eminent
domain as set forth in the Idaho
Constitution Art. I, ~ 13 and Idaho
CodeSi 7-701 at sea.
Bike Lanes 5' unless constrained in a built Greater than 5' unless
environment,then determined during otherwise specified in an
project design adopted plan
Sidewalks 5' Greater than 5' unless
otherwise specified in an
adooted plan
On Street Parking ROW, design, construction and Dedicated by the partnering
maintenance on ACHD arterial agency or developer for
projects collectors and local roads.
Dedicated by developer for
arterials when required as a
condition of development
approval.
Illumination Primarily of benefit to motorists Energy and Maintenance
(lighting) costs. Pedestrian lighting
Adopted: Res. 469 (7113/94)
Revised: 7119/95; 12197; 12/99; 5/27/09 (Res. 895); 5/27/09 (Res. 897); 1/27/10 (Res. 920)
3100 - 30