HomeMy WebLinkAboutCost Share Agreement Historical Lighting��i�E IDIAN16--,
�DAHO
Works Department
TO: Mayor Tammy de Weerd
Members of City Council
FROM: Jared Hale
Engineering Project Manager
DATE: January 24, 2018
Mayor Tammy de Weerd
Cloy Council Memberfo
toe Borton
Treg Bernt
Lulze Cavener
Genesis Milam
Anne Little Roberts
Ty Palmer
SUBJECT: IN ACCORDANCE WITH THE PREVIOUSLY APPROVED COST SHARE
AGREEMENT, APPROVE THE NOT -TO -EXCEED AMOUNT OF $220,177 FOR
HISTORICAL LIGHTING TO BE INSTALLED BY ADA COUNTY HIGHWAY
DISTRICT'S (ACHD) CONTRACTOR WITH THE CONSTRUCTION OF
IMPROVEMENTS ON E. PINE AVENUE.
ACHD PROJECT 815025 AND CITY OF MERIDIAN PROJECT 10577
RECOMMENDED ACTION
A. Move to:
In accordance with the Cost Share Agreement, approve the not -to -exceed
amount of $220,177 to pay ACHD for City historic street light improvements
constructed on Pine Avenue Roadway Reconstruction Project between Meridian
Road and Locust Grove Road.
ACHD Project 815025 and City of Meridian Project 10577
I1, DEPARTMENT CONTACT PERSONS
Jared Hale, Engineering Project Manager 489-0370
Clint Dolsby, Assistant City Engineer 489-0341
Warren Stewart, City Engineer 489-0350
Dale Bolthouse, Director of Public Works 489-1372
III. DESCRIPTION
A. Background
In 2013 Meridian Development Corporation (MDC) commissioned a street light
study to analyze lighting in downtown Meridian and to make recommendations
for street lighting in the area. As a result of the study, historic street lighting
Page l o3
Meridian City Council Meeting genda February 6, 2018 — Page 309 of 732
along Pine Avenue has been included in the scope of work for the reconstruction
and widening of Pine Avenue. MDC will ultimately pay for the lighting.
However, because of our contractual agreements with ACHD and MDC the City
of Meridian will be required to pay ACHD and then MDC will reimburse the
City for the cost of the lighting. This will ultimately be a no cost budget
amendment to the City as MDC will reimburse the City for the lighting cost.
B. Proposed Project
ACHD will improve E. Pine Avenue between Meridian Road and Locust Grove
Road. During construction, ACHD will have historic lighting improvements
installed by their contractor. The historic lighting will extend form Meridian
Road to East 5th Street.
ACHD will invoice the City for these improvements per the Cost Share
Agreement that was approved by City Council on September 19, 2017. The City
will invoice MDC for all of the historic lighting costs per the memorandum of
agreement that was approved by City Council on November 22, 2016. This
project is scheduled to be completed in September 2018, so there will likely be
some invoices from ACHD that will cross fiscal years. These invoices will still
be reimbursed by MDC.
C. Reason for Amendment
This request is to furnish additional FY18 construction funding for the street
lighting. The budget for the historical street lighting improvements that will be
installed with the East Pine Avenue project was not incorporated in the street
lighting enhancement because it is a net zero cost to the City.
IV. IMPACT
A. Strategic Impact:
This project is aligned with the Public Works objective of being opportunistic in
planning for growth and infrastructure needs. The construction impacts on the
residents will be minimized by partnering with ACHD and MDC.
B. Fiscal Impact:
The costs of the City of Meridian historical lighting improvements are
$220,177.00, which will be reimbursed to the City by MDC.
Project Costs:
Total $220,177.00
gU2of3
Meridian City Council 2�ting Agenda February 6, 2018 — Page 310 of 732
Available Project Funding_
-- -
Acuntde Codes Fiscal Year 2018 coCo/
- -
Street Lighting 01-1860-54000 $220,177.00
------- -- ---- - - - -
Total Funding $220,177.00
VI. TIME CONSTRAINTS
ACIID plans to start construction on this project in January 2018. City
approval of this agreement is required for ACHD to install historical lighting
improvements as part of their project.
VII. LIST OF ATTACHMENTS
ACHD Historic Street Lighting Bid Results from Knife River
Spreadsheet of Actual Cost Breakdown
Cost Share Aiareement
Approved for Council Agenda:
V3 03
Meridian City Council ng genda February 6, 2018 — Page 311 of 732
-Z---f--1�e
Date
Pine Ave, Meridian Rd to Locust Grove Rd (Bid Schedule #4-Lighting, 815025.005, RD208-01.005)
Bidder QUANTITY Unit Price Extension
Knife River Corporation- Northwest
10.00
$60.00
$600.00
Estimate
10.00
$55.00
$550.00
Central Paving Co., Inc.
10.00
$9.10
$91.00
Idaho Materials & Construction
10.00
$100.00
$1,000.00
Sunroc Corporation
10.00
$125.00
$1,250.00
Knife River Corporation- Northwest
10.00
$30.00
$300.00
Estimate
10.00
$34.00
$340.00
Central Paving Co., Inc.
10.00
$76.20
$762.00
Idaho Materials & Construction
10.00
$115.00
$1,150.00
Sunroc Corporation
10.00
$47.00
$470.00
Knife River Corporation- Northwest
31.00
$4,500.00
$139,500.00
Estimate
31.00
$6,000.00
: $186,000.00
Central Paving Co., Inc.
31.00
$4,600.00
$142,600.00
Idaho Materials & Construction
31.00
$4,613.00
$143,003.00
Sunroc Corporation
31.00
$5,400.00
$167,400.00
Knife River Corporation- Northwest
100.00
$12.00
$1,200.00
Estimate
100.00
$2.00
$200.00
Central Paving Co., Inc.
100.00
$12.00
$1,200.00
Idaho Materials & Construction
100.00
$13.00
$1,300.00
Sunroc Corporation
100.00
$14.00
$1,400.00
gq(Mjggalts4(gr Pine Ave, Meridian Rd to Locust Grove Rd (Bid Schedule #4-Lighting, 815025.005, RD208-01.005) (8
Agency Estimate
Total
vc��n n� nm
CT218-09 Page 36 of 58 12/07/2017
Meridian City Council Meeting Agenda February 6, 2018 - Page 312 of 732
B Install Street Light Wire 246 THWN GFI Circuit
LF Bidder QUANTITY Unit Price Extension
Knife River Corporation- Northwest 1,300.00 $2.00 $2,600.00
Estimate 1,300.00 $2.25 $2,925.00
Central Paving Co., Inc. 1,300.00 $1.90 $2,470.00
Idaho Materials & Construction 1,300.00 $2.00 $2,600.00
Sunroc Corporation 1,300.00 $2.25 $2,925.00
Knife River Corporation- Northwest
10,000.00
$2.60
$26,000.00
Estimate
10,000.00
$2.50
$25,000.00
Central Paving Co., Inc.
10,000.00
$2.65
$26,500.00
Idaho Materials & Construction
10,000.00
$2.63
$26,300.00
Sunroc Corporation
10,000.00
$3.00
$30,000.00
Knife River Corporation- Northwest
700.00
$1.00
$700.00
Estimate
700.00
$2.00
$1,400.00
Central Paving Co., Inc.
700.00
$0.97
$679.00
Idaho Materials & Construction
700.00
$1.40
$980.00
Sunroc Corporation
700.00
$1.15
$805.00
Knife River Corporation- Northwest 4,000.00 $1.30 $5,200.00
Estimate
4,000.00
$2.00
$8,000.00
Central Paving Co., Inc.
4,000.00
$1.30
$5,200.00
Idaho Materials & Construction
4,000.00
$1.60
$6,400.00
Sunroc Corporation
4,000.00
$1.50
$6,000.00
Item totals for Pine Ave, Meridian Rd to Locust Grove Rd (Bid Schedule
#4-Lighting, 815025.005, RD2013-01.005) (8,
Agency Estimate
Total
Items)
($224,415.00)
Knife River Corporation- Northwest
$176,100.00
Estimate
$224,415.00
Central Paving Co., Inc.
$179,502.00
Idaho Materials & Construction
$182,733.00
CT218-09 Page 37 of 58 12/07/2017
Meridian City Council Meeting Agenda February 6, 2018 — Page 313 of 732
Sunroc Corporation
$210,250.00
Bidder QUANTITY Unit Price Extension
CT218-09 Page 38 of 58 12/07/2017
Meridian City Council Meeting Agenda February 6, 2018 — Page 314 of 732
MDC Historic Street Lighting Cost Breakdown
Bid Schedule #
4
Bid Schedule Name
Lighting
Bid Schedule Total
$176,100.00
sum $176,100.00
% of Total Project 3.19%
Portion of Traffic Control + Mobilization $17,661.44
5%Admin $8,805.00
Construction Total
$176,100.00
ACHD Cost Share
$17,661.44
ACHD Overhead Costs
$8,805.00
Contingency - 10%
$17,610.56
TOTAL
$220,177.00
Meridian City Council Meeting Agenda February 6, 2018 — Page 315 of 732
ADA COUNTY HIGHWAY DISTRICT
COST SHARE PERMIT
3775 Adams Street _ ACHD Contact Person:���
Garden City Idaho 83714 Name; Cody Homan
Phone (208) 387-6280 3775 Adams Street
Facsimile (208) 387-6289 Garden City Idaho 83714
Phone, (208) 387-6109
Onto of Permit: ACtitl project No.: 815025 Perinit No.: 016
12017
---- - --- --
Capitalized terms that are not defined in this Permit shall have the meanings given to them in the
ACHD Cost Share Ordinance No. 215.
a ;
This ermit granted to; City of Meridian Partnering Agetrl v Contact Person:
33 C. Broadway Ave. Jared Hale
Meridian, Idaho 83642 Engineering, Project Manager
33 F. Broadway Ave.
Meridian, Idaho 83642
Phone: {268) 489-0370 _ u -
Email: jhalej meridiancit"
r
Name/Location of ACI4D Road Project:
Pine Avenue, Meridian Road to Locust Grove Road, ACHD Project #815025, as depicted in the
95% plans attached hereto and incorporated herein as Exhibit A.
Approved Nan -Transportation Components,
Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires,
the; following Non -Transportation Components:
0 Dcsin . n truction xld.Perpelua- M uit nalice,af ---I - Latxdsca in isthca_F3uffer
area between the Curls and Sidewalk as depicted on xhih1 A. A . D authorizes and requires
the design and construction or the sod, irrigation system, and trees between approximate stations
00+40 and 28+60,n and the perpetual maintenanceoftreatments that are not concrete, as Nutt, J
Meridian City Council Meeting Agenda February 6, 2018 — Page 316 of 732
gravel. or rock within the public tight -of -way installed with the ACHD Project over the entire
Project length approved pursuant to this Pen -nit (the "Permanent Landscaping")_
Dc_siVTonstnjAc on 13 -aI Maintenance ofj-tisjoLrjc t$trgq j, Lij Lq.Right-
j- _mL!jqjqt4 jgjjj�_with_
cif WaY, as dMicted on E?jbibit A. ACHD authorizes and requires the design, construction, and
perpetual maintenance of historic street lights (the "Historic Lighting") within the right-of-way
between stations 00-140 and 24+00.
Lis depicted on Exhibit A.
ACHD authorizes and requires the construction of new sidewalk on the north side of Pine Ave
within the right-of-way between approximate stations 00140 and 06,60, 07160 and 09-100,
14+00 and 20+60, 28+60 and 40+30, and 43+50 and 46+40; on the south side of Pine Ave
within the right-of-way between approximate stations 06+00 and 274-00, and 37+40 and 50400;
and additional sidewalk width and associated handrails on the north side of Pine Ave within the
right-of-way between approximate stations 06-4 60 and 07-160, 09 100 and 144,00, and 20-4 60 rind
284-60 (the "Additional Sidewalk").
(4) Construction of New On-StreetPatkina-wiihin the Itialit-of-Way.. _a_sd_ep.1k_,tqdoa lal,_NtA
ACHD authorizes and requires the construction of additional pavement for oil -street parking (the
"New Parking") within the right-of-way between approximate stations 24+00 and 27-f 20.
5),
__g __gf Additional Length nd ugste_d._Pc_dgs!_r4kRRq in _NviOAn- the
,6 - -q- --Rqq
flight-of-Wayatthe t t Five e _Creek,_Ak�� ��. ACHD authorizes and
Bridge k-W
requires tile construction of additional bridge length and requested pedestrian railing (the
"Bridge Additions") within the right-of-way between approximate stations 35-100 and 37100.
In accordance with Ordinance 215, the foregoing Permanent [.,a nd seal) ing, Historic Lighting,
Additional Sidewalk, New Parking, and Bridge, Additions are referred to herein as the "Non -
Transportation Components."
Conditions of acquisition/contribution of real property by Partnering Agency and/or
reimbursement to ACHD by Partnering Agency for acquisition of real property:
ACHD has already acquired or is in the process of acquiring right -of way adequate for the Non -
Transportation Components. Therefore, the acquisition of real property is not required of
Partnering Agency. Partnering Agency ,shall reimburse ACHD for the cost of the additional
right -of way necessary to incorporate the Non -Transportation Components into the [toad Project,
including, but not limited to, additional sidewalk width, The Parcels in the design plans that the
Partnering Agency shall reimburse sorric or all of the cost of the additional right-of-way are
Parcels 1, 3, 4, 6, 7, 11, 12, 16, 17, 18, 21, 23, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,
42, 43, 44, 45, 46, 47, 48, 49, 51, 53, 56, 58, 60, 61, 63, and 64.
Meridian City Council Meeting Agenda February 6, 2018 - Page 317 of 732
Party responsible for obtaining plans/design for Non -Transportation Components:
Partnering Agency shall be responsible for obtaining approval of the plans/designs of tite Non -
Transportation Components, which shall consist of designs for the Permanent Landscaping and
Historic Lighting described in Section 11,
If Partnering Agency is responsible for providing plans/designs, deadline for submitting
plans/designs to AC:IID for approval:
Partnering Agency shall submit the plaits/designs of the Non -Transportation Components and
receive approval from ACHD as to the plans/designs prior to installation.
Additional conditions; All designs/plans submitted 1)), Partnering Agenry will cn►nplt, Keith (i) established
engineering standards, including the Idaho Vfandardv fcr►- Public ii'arks Construction (ISPiVC); (ii) the
Anterican Association n/ State Illglrsv(q and transportation Officials("AASHTO'); (W) the Cost -Share
Ordinance No. 215, (iv) all adopted AC111) aides, rcyindations, and policies; and (v) all state and federal
laws. No designs shall be ronsidered final until they, are approved in writing lay AC' D, Ai y
Modifications to tire* deadlines setfiorih above ►nest be opprm ed in writing by AC RIX 8.1, approving such
designsfptans, ACHD assumes no rasponsihility for any d�llcienvks or inadequacies in the design or
construction of they Non-7ransportation Cornponews.
Allocation of design costs for Non -Transportation Components (including, if applicable,
any credits provided to Partnering Agency and application of any federal funding) and
time for reimbursement, if applicable:
Partnering Agency shall not he responsible for the design costs for the Non -Transportation
Components incurred by AOID, Partnering Agency shall receive no credits in connection with
the design costs lbr the Non -Transportation Components.
Description of construction work approved by ACHD to be completed by Partnering
Agency (if applicable): (in addition to description, refer to designs and plans attached to
this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of
issuance of this Permit, they must be approved in writing by ACHD and shall be
incorporated into this Permit.)
Upon submission of the plans/designs of the Non -Transportation Components by Partnering
Agency and approval by ACIiD, ACHD shall proceed with construction; provided, however,
that ACHD shall not install trees or other plants besides sod, Partnering Agency shall complete
installation of trees in accordance with the approved plans/designs.
Additional conditions (1) Parinerin A ency tsdll riot allow ant bens_to attach to
Meridian City Council Meeting Agenda February 6, 2018 — Page 318 of 732
irnpruverrntxrits, or other propel-(), qj AOIZ) er.s a resilit cf allY labor pc'r./rr=nlvd or trrrrtcria1v st+ppliell in
canncrctiun with the con sir ttc•tiorr (?f the ,1Vcari-7"rernsportaiion Componews. (�) Parinerhtg A elity thal/ be
)-c°sprrrtsihle'',Ji,t° ohtaiWon (ttl pvvnrits will red h), A(.°t11) in connecliun ivith any« euns'li`ttc=tion ufthe Now
fransporwtion C omptments, (i) Yarincring A e°nuv's eonstmution shall nut ne atise;ty irnpac`tACIID's
cnn.ttrnrtion t)Ohe '1`rorr.rlrrrrtatipn Components or Road Prgjecl scht-elide in an'v wav, (4) Ali ),
amendinew Ir, te` heksiyrtr and plun_s mcsl be oppl,wvd ill irrilinq hi, AC HP(5) All conshweli'm cthdtc�
rVott-iY'canspurtation ('ontpolicnts shall he in accordance with the desi'pnsr'plans appvved by AC 11).
(6)1111 construction h), PtiOnering; Ag,enc_r° will f olnplt, with (i) (slablished engincering stan(4rds,
ineltarlhq,,, the Mahn .Stapid anls %or hihbc 1P)rks C'onstrnc lion (MM14C); (ii) the Anteriean Amorillhon (r/'
State Highway and Trarisportalinn O1%i -01.s ("AAS11TO'),, (iii) the C'ml-Share C7rdinanre A4r. 215;
(ir) all adopled ACIR) rtilay, rcgfidalions, and policlm,• and (i) rail state arid,%tleral lams,
If Partnering Agency is responsible for till or a hart of the construction of the Non-
Transporlation Components:
a. Date for Submitting Partnering Agency's contractors and engineers to ACHD tot-
approval- Nol applicable: doc to tine nattiry cat tire, construction.
tr. Date for submitting Partnering Agency's contractors' and engineers' estitnates to
AC'Pitt for approval: ;licit applicable clue to the nature ofthe ((instruction.
c, Dille tot, submitting Partnering Agency's contractors' and engineers' contracts to
AC'IID for approval: Not applicittile (tile to tits natur'c ordw colistruction.
Any modifications to lire deadlines set: forth above Rust be approved in writing bka ACIID.
Ailocation of construction costs for Non -Transportation Components, reconstruction costs
of 'Transportation Components necessitated by (lae incorporation of Non -Transportation
Components Into the Road Project, ACIII) construction, rnalntenance, administration, and
overrun costs (including, If applicable, any credits provided to Partnering Agency and
application of`►any federal funding), and tune for relanr busement, If applicable:
Pal-weringt Agency sliall be solely responsible for all construction casts of the Non-
Tran;:;aodation C'(tmponenk, whether ACyIID err Partnering Agency performs such consttnrction.
Parincring: Agency shall receive~ vo credits in connection with file construction tit` the Non-
,l)ansporiation Components, 11' AGI-Ilt perlitnnsti the construction of the Non -Transportation
Components, then 11artnering Agency shall reiinbur e ACI ID for the arcttral cost of all inat€=rials
use(], the (,ostt of the relocation of any utilities necessitated by tilt; Non-Tiarmprrttation
Components, and tally other costs, associated with the construc.tioli and installation of'the Non-
`tratttsl)orttatian C'onrponc�nts, Payment by Partnering Agetrcy shall be made to t1C IID 4villrin
30clays followings wbmiss;ion of oil invoic o by AC HD to Partnering Agency idcntifyinit stielr
elr,trges.
Relaxation of utilities to be co►npleted by, (if airy),
If ilarule 1-ing Ag;ency Col asti-ticts the. Nor-Traiispooatioii Coill ponents, Part neiing; Agency will h
solely v..ponsible I'm, the relocation of tiny utilities woUired in comlection with the pltaccnrent,
m
u
Meridian City Council Meeting Agenda February 6, 2018 — Page 319 of 732
incorporation, or construction of the Non -Transportation Components, If ACHD constructs the
Non-Trahsportation Components, Partnering Agency will be solely responsible for the cost of
the relocation ofany such utilities.
Storm water provisions (if applicable):
The buffer area between sidewalk and vertical curb shall be designed so as to prevent stone
water from accumulating and ponding in the buffer area,
Additional conditions: Ulmn o determination b),.4C11,D that the inewpovation into the Road Project of
Partnerifig Agency's Non-711-all'sI)orlation Coniponents srill have an adverse cyJ�vt on storm n^ater
quantill, or quaho,, Partnering Agency shall be solehv rest;onBible for either mitigaling orfiniding the
mitigation ofany such adverse effects in a ineam determined bY or accel-table to A C11D.
r corn Schedule f completion of Road Project:
At this tirne, ACUID's schedule for completion of the Transportation Components of the [toad
Project completion is unknown, but estimated to be September 2018. 'rho deadline for
Partnering Agency's completion of the Non -Transportation Components is upon substantial
completion of the Road Project.
Maintenance requirements of Non -Transportation Components by Partnering Agency:
Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to
maintain, repair, and replace the Pennatient Landscaping and Historic Lighting, subject to the
provisions of this Permit and during the teen of this Permit. ACHD shall maintain, repair, and
replace the Additional Sidewalk, New Parking, and Bridge Additions.
Partnering Agency shall cause the Pemianent Landscaping and Historic Lighting to be operated
and maintained in good Ionctioning order duri
ng the tenn of this Permit, in accordance with
applicable law, the approved designs/plans, Partnering Agency's landscape and irrigation
standards and specifications, and industry standards. This obligation includes, without
limitation, grass and lawn care, pruning or replacement of gravel, trees, and Shrubs, clean-up of
litter and debris, weed removal, and application for shrubs, trees, and groundcover, as applicable.
Any replacement and/or installation by Partnering Agency of additional improvements shall be
accomplished in accordance with designs, plans, and specifications approved in advance and in
writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies, and
good engineering and landscaping practices.
,,fdtfifionai conditions:
L This Permit does not extend to Pa)-tne?,ing Agency the right to use ant,
1, part of the A CHD Rood Projeel
a,,(,(, to the (,Ac.lustorj ofACHDfor an), use within its jurisdiction, authoritY, and discretion or of others to
the extent authorized by 1mv, - -- ----- -
Meridian City Council Meeting Agenda February 6, 2018 — Page 320 of 732
2. In accessing any purl of the Road Project that has bean accepted as an open public ltghxrgy (as the
term "higthrtwv" is defined in Idcrho Coder Section 40-109(5)), Partnering Akencys authorized use is
subject to the rights of the public to use: the highN-ay,
3, The rights granted hereunder are suhject to and subordinate to the rights qf"holders of easements of
record.v and the statutory rights of utilities to use the right-o%wa "
4. This Permit does not preclude or• impede the abili1v of ACIII) to enter into or grant easements or
license agreements allowing third parties to access the Road Prgject area, or the ability of ACHD to
redesign, reconstruct, relocate, maintain, and hnprot,e the Road Project and right -of, it'w as it determines
necessary, its its sole discretion.
.5, In consideration ef'the license grunted lii, this Perinit, Partnedng Agency e'tpressly corenanls and
agrees that the license granters herein is ternporar_y and merely a permissive use of the ACHD right-afw
wait pursuant to the terms of this Perrnir, Partnering Agency assumes the risk that the licence granted
herein mast' be terminated belbre Partnering Agency has realized the ecanornic benefit of the cost of
installing, constructing, repairing, or maintaining the Non -Transportation Coniponetts, and lot+ signing
and accepting this Permit, partnering Agency hereby waives and "lops itselffrorn asserting any claim,
including damages or rehrtbursentent, that the license is in arty wary irrevocable because Partnering
Agenq has expended hinds on the Non-D-ansportation Components and the Permit has not been in r:#% rt
for a period sgflicient for Partnering Agency to realize the econontic Irene.,/it front such expenditures,
G. /it the event Partnering Agency ,jnids to replace, repair, maintain, and care for the Pertnanent
Landscaping andlor Historic Lighting, ACHD shrill hate lire fallovuinl„ remedies its addition to any other
recovery hu laty or to etlur'ty, provided that ACHDfirst gives Partnering Agenev 30 days' notice andPartnering Agentey fails to rcrnedv such failure: (r') ACHD mob' revoke this Permif; (id) ACHD ouch=
replace, naintain, andlor Bare fir• the relevant Non-T'-ansporiation C"oniponent+, and Partnering Agency
shall reimburse ACHD fdly .for all associated costs, (ill) ACHD ntay reintliv, alter, redesign, or
reconstruct the relcrnanl Non -Transportation Conponents or airy part of the AC HI) Road Prn/ect
(including without limitation the right-qf-way), or tit the arse of lurrclscaping, replace the Non-
I`r-ansporlation Components with hardscape, and Partnering Agency shall rehnburse ACHD fidIv for all
associated costs, and (i) AC:`IID may refuse to issue ani1 fin•ther° Cost Share Permits or any other permits
f n-future ACiII7 (toad Projects until Parine-ring Agcnq c'antplies with the conditions of the Pertnil, in
addition, in the event of an eniergemy caused bV Partnering Ageny's .failure to jjvflorm required
maintenance, ACHD mall immediately prrform any and all emergency repairs or take other measures ill
with an emergency, and Partnering Agency shall reimburse AC'IfiY /itlh for all associated
costs.
Term of Permit:
Perpetual, until terminated or revoked pursuant to the provisions of this Permit.
Upon termination or revocation of this Pernik, upon the request of ACIID, Partnering Agency
will either, as directed by ACHD, (i) promptly remove the Non -Transportation Components and
restore -the- underlying area to Inn least the condition present as of t)-e date of this Permit, repairing
Meridian City Council Meeting Agenda February 6, 2018 — Page 321 of 732
and restoring all portions of ACHD's right-of-way and personal property, if any, that are
damaged during Such removal activities; or (ii) reimburse ACHD for its cost or redesigning,
replacing, and/or reconstructing the right-of-way underlying the Non -Transportation
Components. Any portion of the Non -Transportation Components that remain in A(11D right-
of-way 90 days after the terniination or revocation of this Permit shall be deemed abandoned,
and ACI 11) shall have the right to remove there or redesign., replace, and reconstruct the right-of-
way underlying them and charge all costs to Partnering Agency.
P
This Permit provides the terms upon which the incorporation of the Non -Transportation
Components into the Road Project are approved,
This Permit is issued conditioned upon Partnering Agency's compliance with ACHD's Cost
Share Ordinance No. 215 and all certifications made by Partnering Agency pursuant to this
pennit,
This Permit is subject to the provisions of state and federal law and ACHD's Cost Share
Ordinance No. 215, in effect as of the date of issuance of this Permit (the "Applicable Law"). In
die event of any conflict between this Permit and Applicable Law, Applicable Law shall govern.
In the event that any part of the obligation,; of Partnering Agency or of ACBD ill conncc(ioxi with
the Road Project are determined to be illegal or unenforceable by a court of competent
jurisdiction, the remaining obligations of Partnering Agency set forth in this Permit shall still be
applicable. Future amendments and restatements of the Cost Share Ordinance shall not be
applicable to this Permit.
1. If any portion of the ACHD Road Project (including without limitation any portion of the right-
of-way) is damaged as, a result of Partnering Agency's action or inaction with regard to the
construction, operation, and/or maintenance of the Non -Transportation Components or the failure
or neglect to construct, operate, and/or maintain the Non -Transportation Components, then
Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area
to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns
,shall fail or neglect to commence Such correction and restoration within 24 hours of notification
thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACI-ID
for tile costs and expenses thereof, including, without limitation, reasonable compensation for the
use or staff and equipment of ACHD.
4. Partnering Agency shall be liable to ACHD for any and all damages, lines, fees, obligations to
third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting frorn
Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share
Ordinance No. 215. Without limiting tile foregoing in any manner, in The event Partnering
Ap-enev fails to comply with any provision of this permit, (hen followin jTy applicable notice
Meridian City Council Meeting Agenda February 6, 2018 — Page 322 of 732
arid I lid I opportunity to cure set forth bercin, ACRID shall have the right, lit addition to all other rights
and remedies OlsoNvilere in this Permit to redesign, replace, vailtloi reconstruct file Nori-
Tralls'portalion Colliponerits and/or the underlying the Non-Tianspoitatioll
('Orriponclits, and in such cvcra, Painicting Agency shall reimburse ACI 11) for all associated
costs. The obligations ill this Section Orall survive file ci;,pimtion, revocation, and/or cancellation
of lint, PtTlllil for any Nfl",011,
5 Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as
it givos prior kvi-itten notice to Acur) that specifies if) detail ivIrat responsibilities, tire heirsg
delegated and identifies the third parly. Notwithstanding any delegation to a third pally,
Pattiminp Agency shall remain ar,(I shall be ultimately responsible for the: third party's
compliance with the terns of this Permit, and no delegation shall absolve Partnering Agency of
any duties or ohlinations of this Permit in any Nvay. In addition, Partnering Apency fully wminies
all le, g whether any such delcgation is Propel under applicible law and or
legal risks of d0vvi-ninin-
regu lati (iris, and shall not he absolved of ally responsibilities antler this Permit if it is, unable lo,
COtoplCte Orlilkliatilin OJIV such delegation fior any reason.
Partnering Agency will protect, del-crid, inderanify, and hold ACRID and its officers, directors,
employees, mombets. and agcnts harmless from and against any and all liability, suits, losses,
damages, vlairaq, actions, costs, arld expenses of aliv lialilro, including court costs and aflorricy
fees, arising front or out of any acts or maissions of Partnering; Agency, its agents, or Contractors
related to or in comic0ion with the Now,rtan.qportatioa Components and the escreiso of ally
privileges or pi�rforlllanee of any obligations by Parlitcring Agency pursuant to the terms of this
Permit. Partnering; Agcocv'5 obligations in this Section shall suvvive+ flit expiration, revocation,
and/or cancellation of this Permit fiat any roasciii
.1, Ill tile. event tile Non -Transportation Components will of- rally necessitate fluture itivninellance,
repair, relocation, or replacisntent that is not the, stibivot of this Pervit, AC UD shall in its
discrefloa issue Partnering; Agency all amended of ,in additional Cost Share Peurit to fict-forril
such work,
ACIII) shall at all times have the right to relocate, reconstruct, remove, or redesigri tiny and all
improvements that area pail of the Road VioJoct. ACIID will use its hest efforts to advise
Partnering Agency of' any anticipated actions within the Road Project that would ho likely to
cause a relocation, modification, or other adaptation of any of tile No i i-Transporlat ion
Components, and the patties, to life extent f-casonably possible, shall agice to a priority schedule
regarding the saim and shall ;jItclupt to coriperati: with tcNpcct to plaranq laid corridination ast
related to arly such lClovalion, inodificafion, nr other adaptation of any of the Non-Transporlolion
Culnponerfts. 11' ACHD ultimately demmincs that any part (if' (lic Road Project must be
relocated. reconsliticted, removed. of redesioned, then Parincring Agcacy, at its sole cost.rind
expense, shall be.. Tciponiible for relocating, rcconsfracting, removing, or redesigning file Non -
Transportation Components, as required by ACIID, which shall be aecornpliAwd by Partnering;
Agency according to designs, plans, and specifications approved by AC_ I -ID in wrifinv prior to ;lily
such work, POrmering Agency may also olccl to tonove all or a part of tire Non -Transportation
Components in lice of any relocation, modification, or adaptation, Partnering Agency assulacs,
tiny and ,ill costs of itself and AC,11D relaling to any future relocation of the Non -Transportation
Colaponcol'i.
11, A('111) shall at all times have file right to levolic this, and any other Cost Share Permit granted to
Ila ne -ing_Agency to access atny I lighway or Public Ri t-or-Way, In addition, AC] 11) may
Meridian City Council Meeting Agenda February 6, 2018 — Page 323 of 732
irnmedialoly pertorni any and all emergency topains or take ot'llur nic;isuros in connection with all
eniorgoricy, in which case llarincring Alict-loy shall n-imburse A(1 ID fully for all associated costs,
W I his 1,crinit shall immediately be rovocabic an(Vor cancelabic by ACIID by providing written
notice to hirinering, Agency upon the occurrence of any of dw Following: (i) n determination by
ACI 11) that any ol'ilic information submitted by Partnering Agency in the Cost Share Application
is false or inaccurate in any namnet- (ii) a delerminadon by ACIlD (lial Parinering Agency has
failed Io comply With any term or provision of this 11curnit or any other permit granted by AC1JD
to Pr onoring Agency; or (iii) it dolcimination by ACIID that Partnering Agency lilts failed to
nqilace, maintain, arid/or Care for the Non-Transporta(ion Components as reqnired by the tenns of
this Nrivit. [-',xccl)t in an ernergeocy situation, ACIID shall provide Partnering; Agency with
30 Lays' notice of the issue and all opportunity to comply prior to exercising such rights.
11. *11w issuance of this Permit shall in no way obligate ACIID to provide Pattitoing Agerie), with
additional permits or iigh(N, near shall ACIII) be obligated to tailize provisions or rights set ford)
ill this Pernik in Connection Willi additional perniiis or rights that it way eleel it) provide to
Partnering/ Agency in the Future.
12 All exhibits and any lddenda to this Permit are incorponaod herein.
1,1, This 1101,111i I is conditioned upon the signal tire of AC[ ID and Ila littering Agencyb(,low,
Meridian City Council Meeting Agenda February 6, 2018 — Page 324 of 732
This Cost Share 11ei'livit is issiled by the Ada Comity Highway Distriet oil (lie date set forth
above:
Ada Comity Ifighway District:
The per.,;on signing be low represents that lie or she has the nuthority on behal f of AO ID to issue
this T'ermit and bind ACTID to the terms set forth herein,
lly: Bvttev�s
lts: Director
City of Mel-idi-all: �__)
Acceplonce/coilification by Partnuring Agency: The person 6giiing below represents that he or
she has the airthority on behalf of Ilartnering Agency to accept and agree to the terms of this
Permit and hi 111
TL!!AW)cring-AgcneyAQ_t the terms set north herein,
13y: Tammy 1, it ecrd
Its: msal yol*
Exhibits
FAhibit A 951"o Project Plans
Meridian City Council Meeting Agenda February 6, 2018 — Page 325 of 732