HomeMy WebLinkAboutAda County Cost Share Application for Pine Ave, Meridian to Locust GroveADA COUNTY HIGHWAY DISTRICT
PARTNERING AGENCY
COST SHARE APPLICATION
Important Notes:
• Please refer to the Ada County Highway District Cost Share Ordinance No. 215, a copy of which
is attached to this Cost Share Application. Capitalized terms that are not defined in this Cost
Share Application have the meanings given to them in the Cost Share Ordinance.
• Applicants may submit attachments with this application with answers to questions requiring more
space than is provided below.
• No application shall be deemed to have been approved unless and until ACHD issues a Cost
Share Permit.
• Pursuant to the terms of the Cost Share Ordinance, ACHD will not approve any Cost Share
Application that does not comply with the Cost Share Ordinance. Additional reasons for denial
include, but are in no way limited to, considerations of economics, the impact on project costs,
availability of ACHD staff and resources, anticipated project schedules, availability of land
acquisitions, noncompliance with any issued Cost Share Permits or other permits or applicable
law and the authority of ACHD and/or the Partnering Agency, or other feasibility issues.
Applications that are not submitted timely in relation to ACHD's project schedule may be rejected.
1. Applicant Name. Name of Partneri
2. Partnering Agency Contact. Name of individual at the Partnering Agency to whom all
correspondence and notifications with regard to this Cost Share Application should be directed
Brian McClure
3. Date. Date of Application
February 2, 2015
4. Prior Applications. If this Cost Share Application relates to the same ACHD Road Project that is
the subject of a prior Cost Share Application(s), please indicate the date(s) of the prior
applications and attach them with this Application.
None
ACHD Partnering Agency Cost Share Application (Ordinance No. 215) - 1 3100 — Exhibit 11
5. Notice of Interest. If the Partnering Agency has previously provided ACHD with notice of its
interest to include Non -Transportation Components in the ACHD Road Project, please
summarize the contents of that notice (including date(s)) and any relevant discussions and
ence wan AUHU.
The City has been working with ACHD on the preliminary scope to determine appropriate non -transportation components for
integration into this project. ACHD has attended both City Council and Meridian Development Corporation Board presentations by
City staff, on January 13th and January 14, 2015 respectively, to confirm this interest.
6. ACHD Road Project. Identify the ACHD Road Project to which this Cost Share Application
-01O S1
Pine Ave Community Project, Meridian Road to Locust Grove.
7. Proposed Non -Transportation Components. Describe the Non -Transportation Component(s) the
Partnering Agency proposes by this Application to include in the ACHD Road Project. Include as
much detail as is currently available regarding the design, location, and other information about
the Non -Transportation Component(s). If any design or concept plans or drawings are available,
attach them to this Application.
Within the pedestrian safety buffer area in front of and/or adjacent to parcels along the south side of Pine Ave, between Meridian
Road and Locust Grove Road, see Exhibits A-2. For areas located in unincorporated Ada County and west of Stonehenge Way, the
top surface of the groundcover, and if not planted, shall be level and depressed 1/2 inch to 1 inch below the top surface of the curb.
With annexation into the City of Meridian or through redevelopment, and for all other as depicted on Exhibits A-2, non -transportation
elements will include irrigated landscaping, decorative hardscape, and/or trees as appropriate.
8. Authority. Summarize the authority and jurisdiction of the Partnering Agency, under applicable
state, teaeral, and/or local law, over the Non- I ransoortatlon uom
Meridian City Code, Title 11, requires developers of subdivision to construct detached sidewalks and landscape buffers along arterial
roadways. Further, the City has an ordinance requiring owners of property to maintain to the centerline of the adjacent public road(s).
ACHD Partnering Agency Cost Share Application (Ordinance No. 215) - 2 3100 — Exhibit 11
9. Design. Identify the party (ACHD or the Partnering Agency, or both) that will be responsible for
the design of the proposed Non -Transportation Components. If both parties are responsible for
part of the designs, please indicate, in detail, their respective responsibilities.
The City of Meridian will be responsible for the design of landscaping elements within pedestrian safety buffer areas.
a. If ACHD is responsible for the design of all or a part of the proposed Non -
Transportation Components, provide information as to how and when the Partnering
will relmDurse AUHU Tor tnose costs. (uosts snail De oetalleo In Item 'IU Deiow.
The City of Meridian will be responsible for the design of landscaping areas, but it will be contingent upon the
significant design completion of transportation components which will determine exact size, location, and other
related factors which will define landscape areas.
b. If the Partnering Agency is responsible for all or a part of the design of the
proposed Non -Transportation Components, provide a deadline by which the Partnering
Agency will submit the design to ACHD for approval: September 30 , 2016. Also, by
submitting this Application, the Partnering Agency certifies the following:
i. All designs submitted by the Partnering Agency will comply with (i)
established engineering standards, including the American Association of State
Highway and Transportation Officials ("AASHTO") guidelines, (ii) the Cost -Share
Ordinance, (iii) all adopted ACHD rules, regulations, and policies, and (iv) all
state and federal laws.
ii. No designs shall be considered final until they are approved, in writing,
by ACHD.
10. Design Costs. Pursuant to the Cost -Share Ordinance and applicable law, all Road Project design
costs associated with the Non -Transportation Components are the responsibility of the Partnering
Agency. In addition, any redesign costs of Transportation Components of a Road Project that are
necessitated by the incorporation of Non -Transportation Components in the Road Project shall be
paid by the Partnering Agency. In accordance with the foregoing, describe the applicable design
costs and (if applicable) any redesign costs for which the Partnering Agency will be responsible.
Include any credits applicable to the calculation. Also, if any federal funds are available for any
Non- I ransportatlon uomponents, please speclty triose tunas and now tnev are to oe anocateo:
The City of Meridian has been working to integrate their non -transportation component preferences into the project scope, prior to
any design. There will be no redesign costs associated with this project, and all other design costs for this project are associated with
the transportation components or existing site impacts.
ACHD Partnering Agency Cost Share Application (Ordinance No. 215) - 3 3100 — Exhibit 11
11. Construction. Identify the party (ACRD or the Partnering Agency, or both) will be responsible for
the construction of the proposed Non -Transportation Components. If both parties are responsible
for part of the construction, please indicate, in detail, their respective responsibilities.
The City of Meridian shall be responsible for construction costs associated with landscape elements in the pedestrian safety buffer
areas.
a. If ACHD is responsible for all or a part of the construction of the proposed Non -
Transportation Components, provide information as to how and when the Partnering
Agency will reimburse ACHD for those costs. (Costs shall be detailed in Item 12 below.)
For any construction costs of non -transportation components, the City of Meridian will reimburse ACHD after
sign -off of installation per design and specification of approved landscape construction documents.
b. By submitting this Application, the Partnering Agency certifies that the Partnering
Agency will not allow any liens to attach to any right-of-way, improvements, or other
property of ACHD as a result of any labor performed or materials supplied in connection
with the construction of the Non -Transportation Components.
By submitting this Application, the Partnering Agency certifies the following:
i. The Partnering Agency shall be responsible for obtaining all permits
required by ACHD in connection with any construction of the Non -Transportation
Components.
ii. The Partnering Agency will not allow any liens to attach to any right-of-
way, improvements, or other property of ACHD as a result of any labor
performed or materials supplied in connection with the construction of the Non -
Transportation Components.
12. Construction Costs. Pursuant to the Cost -Share Ordinance and applicable law, all Road Project
construction costs associated with the Non -Transportation Components are the responsibility of
the Partnering Agency. In addition, any reconstruction costs of Transportation Components of a
Road Project that are necessitated by the incorporation of Non -Transportation Components in the
Road Project must be paid by the Partnering Agency. In accordance with the foregoing, describe
the applicable construction costs and (if applicable) any reconstruction costs for which the
F'artnerinq Agencv will oe responsible , documentlnq any credits anocame to the calculation:
The City of Meridian will be responsible for construction and reconstruction costs of transportation components in excess of ACHD's
baseline standards, to include impacts and construction of detached sidewalks greater than 5 -feet.
13. Maintenance. Pursuant to the Cost -Share Ordinance and applicable law, by submitting this
application, the Partnering Agency hereby certifies that it will be solely responsible for perpetually
replacing, maintaining, and caring for the Non -Transportation Components pursuant to the terms
of the Cost Share Permit. The Partnering Agency also certifies that if the Partnering Agency
ACHD Partnering Agency Cost Share Application (Ordinance No. 215) - 4 3100 — Exhibit 11
fails to replace, maintain, and care for the Non -Transportation Components, ACHD shall have the
following remedies in addition to any other recovery in law or in equity, provided that ACHD first
gives the Partnering Agency thirty (30) days notice and the Partnering Agency fails to remedy
such failure: (i) ACHD may revoke the Partnering Agency's Cost Share Permit for the Non -
Transportation Components; (ii) ACHD may replace, maintain, and/or care for the Non -
Transportation Components and the Partnering Agency shall reimburse ACHD fully for all
associated costs; (iii) ACHD may remove, alter, redesign, or in the case of landscaping,
Hardscape over the Non -Transportation Components, and the Partnering Agency shall reimburse
ACHD fully for all associated costs, and (iv) ACHD may refuse to issue any further Cost Share
Permits or any other permits for future ACHD Road Projects until the Partnering Agency complies
with the conditions of the Cost Share Permit. In addition, in the event of an emergency caused by
the Partnering Agency's failure to perform required maintenance, ACHD may immediately
perform any and all emergency repairs or take other measures in connection with an emergency,
and the Partnering Agency shall reimburse ACHD fully for all associated costs.
14. Acquisition of Real Property. Specify any real property that must be acquired to accommodate
the inclusion of the Non -Transportation Components into the Road Project, and indicate how and
when the Partnering Agency will acquire, pay for, or dedicate such real property. If the Partnering
Agency is responsible for obtaining the real property, also indicate whether the real property will
be deeded and/or dedicated to ACHD in connection with the Road Project. Please attach all
relevant legal descriptions to this application, if available, or, if not available, a complete
description and/or depiction of the real property.
Not applicable or unclear of impacts to real property as a result of non -transportation components at this time.
15. Relocation of Utilities. Pursuant to the Cost -Share Ordinance and applicable law, by submitting
this Application, the Partnering Agency hereby certifies that it will be solely responsible for the
relocation, or the cost of the relocation, of any utilities required in connection with the placement,
incorporation, or construction of the Non -Transportation Components. Describe the utilities that
will or may need to be relocated in connection with the Road Project, Also, identify which party
(ACHD or the Partnering Agency) will be responsible to relocate the utilities: (Please note that
ACHD may require, as a condition of issuing any Cost -Share Permit, that the Partnering Agency
snail pe responsible Tor the relocation OT any utilities.
There is no relocation of utilities as a result of non -transportation components with this project.
ACHD Partnering Agency Cost Share Application (Ordinance No. 215) - 5 3100 — Exhibit 11
16. Effect on Stormwater Quality. Pursuant to the Cost -Share Ordinance and applicable law, by
submitting this Application, the Partnering Agency hereby certifies that upon a determination by
ACHD that the incorporation into the Road Project of the Partnering Agency's Non -Transportation
Component(s) will have an adverse affect on stormwater quantity or quality, Partnering Agency
shall be solely responsible for either mitigating or funding the mitigation of any such adverse
effected in a means determined by or acceptable to ACHD.
17. Additional Certifications by Partnering Agency. By submitting this Cost Share Application, and
upon its approval by ACHD, the Partnering Agency hereby certifies and agrees as follows:
a. Indemnification. The Partnering Agency will protect, defend, indemnify, and hold ACHD
and its officers, directors, employees, members, and agents harmless from and against any
and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature,
including court costs and attorney fees, arising from or out of any acts or omissions of the
Partnering Agency, its agents, or contractors related to or in connection with the Non -
Transportation Components, the representations and certifications set forth in this Cost
Share Application, the terms of any issued and accepted Cost Share Permit, and the
exercise of any privileges or performance of any obligations by the Partnering Agency upon
the grant of approval of this application by ACHD.
b. Costs/Expenses. In the event of a Partnering Agency's failure to comply with the terms and
certifications made in this Cost Share Application or any issued and accepted Cost Share
Permit, the Partnering Agency shall be solely responsible for all costs, damages, expenses,
including, without limitation, all attorney fees, incurred by ACHD.
c. Compliance with Law. In the event that any part of the obligations of the Partnering Agency
or of ACHD in connection with the Road Project are determined to be illegal or
unenforceable by a court of competent jurisdiction, the remaining obligations of the
Partnering Agency set forth in this Cost Share Application shall still be applicable.
Adherence to Project Schedule. ACHD will, pursuant to the terms of any issued Cost
Share Permit, provide a schedule for completion of the Non -Transportation Components.
To the extent that the Partnering Agency is responsible for all or any part of the
construction of the Non -Transportation Components, the Partnering Agency agrees to
comply with the schedule set forth in the Cost Share Permit.
e. Revocation of Rights by ACHD. ACHD shall at all times have the right to (i) maintain,
relocate, reconstruct, remove, or redesign any and all improvements that are part of the
Road Project, in which case the Partnering Agency shall reimburse ACHD fully for all
associated costs; (ii) revoke any Cost Share Permit granted to the Partnering Agency to
access any Highway or Public Right -of -Way; and (iii) immediately perform any and all
emergency repairs or take other measures in connection with an emergency, in which
case, the Partnering Agency shall reimburse ACHD fully for all associated costs. ACHD
shall use best efforts to provide the Partnering Agency with advance notice before taking
any of these steps.
ACHD Partnering Agency Cost Share Application (Ordinance No. 215) - 6 3100 — Exhibit 11
Signature/Certification of Applicant
The person signing below represents that he or she has the authority on behalf of the Partnering
Agency to submit this Application and bind the Partnering Agency to the representations and
ACHD Partnering Agency Cost Share Application (Ordinance No. 215) - 7 3100 — Exhibit 11
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