HomeMy WebLinkAboutCost Share Permit #021 Project 516027 with ACHDADA COUNTY HIGHWAY DISTRICT
COST SHARE PERMIT
3775 Adams Street
ACHD Contact Person:
Garden City Idaho 83714
Phone (208) 387-6280
Name: Brian McCarthy
3775 Adams Street
ACHD
Facsimile (208) 387-6289
Garden City Idaho 83714
- - -
Phone: (208) 387-6271
Date of Permit: -
ACHD Project No.: 516027
Permit No.: 021
2019
Capitalized terms that are not defined in this Permit shall have the meanings given to them in the
ACED Cost Share Ordinance No. 215.
I. PARTNERING AGENCY INFORMATION
This permit is granted to: City of Meridian
Partnering Agency Contact Person:
33 E. Broadway Ave.
Caleb Hood
Meridian, Idaho 83642
33 E. Broadway Ave.
Meridian, Idaho 83642
Phone: (208) 489-0572
Email: choodameridiancity.org
II. ROAD PROJECT AND APPROVED NON -TRANSPORTATION COMPONENTS
Name/Location of ACHD Road Project:
Meridian Road, Cherry Lane to Ustick Road, ACHD Project #516027, as depicted in the 100%
plans attached hereto and incorporated herein as Exhibit A.
Approved Non -Transportation Components:
Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires,
the following Non -Transportation Components:
Construction of a 10 -Foot Wide Attached Sidewalk along the East and West Sides of
Meridian Road, as depicted on Exhibit A. ACHD authorizes and requires the construction of a
10 -foot wide attached sidewalk approved pursuant to this Permit (the "Additional Sidewalk")
along the east and west sides of Meridian Road, beginning at approximately Station 134+27 and
extending northward until approximately Station 136+82. As ACHD would have constructed a
7 -foot wide attached sidewalk in the same location, Partnering Agency shall only be responsible
for the construction costs associated with the 3 feet in width added to said sidewalk.
In accordance with Ordinance 215, the foregoing Additional Sidewalk is referred to herein as the
"Non -Transportation Components."
III. ACQUISITION OF RIGHT-OF-WAY
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.
IV. DESIGN OF NON -TRANSPORTATION COMPONENTS
Party responsible for obtaining plans/design for Non -Transportation Components:
ACHD has already designed the Non -Transportation Components. Therefore, the designing of
the Non -Transportation Components is not required of Partnering Agency.
If Partnering Agency is responsible for providing plans/designs, deadline for submitting
plans/designs to ACHD for approval:
Not applicable due to the nature of the design.
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 be responsible for the design costs for the Non -Transportation
Components incurred by ACRD. Partnering Agency shall receive no credits in connection with
the design costs for the Non -Transportation Components.
V. CONSTRUCTION OF 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.)
ACHD shall construct the Non-Transportation Components.
If Partnering Agency is responsible for all or a part of the construction of the Non-
Transportation Components:
a. Date for submitting Partnering Agency's contractors and engineers to ACHD for
approval: Not applicable due to the nature of the construction.
b. Date for submitting Partnering Agency's contractors' and engineers' estimates to
ACHD for approval: Not applicable due to the nature of the construction.
c. Date for submitting Partnering Agency's contractors' and engineers' contracts to
ACHD for approval: Not applicable due to the nature of the construction.
Any modifications to the deadlines set forth above must be approved in writing by ACRD.
Allocation of construction costs for Non-Transportation Components, reconstruction costs
of Transportation Components necessitated by the incorporation of Non-Transportation
Components into the Road Project, ACHD construction, maintenance, administration, and
overrun costs (including, if applicable, any credits provided to Partnering Agency and
application of any federal funding), and time for reimbursement, if applicable:
Partnering Agency shall be solely responsible for all construction costs of the Additional
Sidewalk. Partnering Agency shall receive no credits in connection with the construction of the
Non-Transportation Components. Partnering Agency shall reimburse ACHD for the actual cost
of all materials used, the cost of the relocation of any utilities necessitated by the Additional
Sidewalk, and any other costs associated with the construction and installation of the Additional
Sidewalk. Payment by Partnering Agency shall be made to ACHD within 30 days following
submission of an invoice by ACHD to Partnering Agency identifying such charges.
Relocation of utilities to be completed by Partnering Agency (if any):
Partnering Agency shall be solely responsible for the cost of relocating any utilities required in
connection with the placement, incorporation, or construction of the Additional Sidewalk.
Storm water provisions (if applicable):
Not applicable due to the nature of the construction.
Additional conditions: Upon a determination by ACHD that the incorporation into the Road Project of
Partnering Agency's Non-Transportation Components will have an adverse effect on storm water
quantity or quality, Partnering Agency shall be solely responsible for either mitigating or funding the
mitigation of any such adverse effects in a means determined by or acceptable to ACRD.
Schedule for completion of Road Project:
At this time, ACHD's schedule for completion of the Transportation and Non -Transportation
Components of the Road Project completion is unknown, but estimated to be September 2020.
VI. MAINTENANCE OF NON -TRANSPORTATION COMPONENTS
Maintenance requirements of Non -Transportation Components by Partnering Agency:
ACHD shall maintain, repair, and replace the Additional Sidewalk.
VII. TERM
Term of Permit:
Perpetual, until terminated or revoked pursuant to the provisions of this Permit.
Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency
will either, as directed by ACHD, (i) promptly remove the Non -Transportation Components and
restore the underlying area to at least the condition present as of the date of this Permit, repairing
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 of redesigning,
replacing, and/or reconstructing the right-of-way underlying the Non -Transportation
Components. Any portion of the Non -Transportation Components that remain in ACHD right-
of-way 90 days after the termination or revocation of this Permit shall be deemed abandoned,
and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of-
way underlying them and charge all costs to Partnering Agency.
VIII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT
Additional provisions:
This Permit provides the terms upon which the incorporation of the Non -Transportation
Components into the Road Project are approved.
IX. GENERAL CONDITIONS OF PERMIT
1. 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
Permit.
2. 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
the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern.
In the event that any part of the obligations of Partnering Agency or of ACRD in connection 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.
3. If any portion of the ACRD 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, ACRD may proceed to do so, in which event Partnering Agency shall reimburse ACHD
for the costs and expenses thereof, including, without limitation, reasonable compensation for the
use of staff and equipment of ACRD.
4. Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to
third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from
Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share
Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering
Agency fails to comply with any provision of this Permit, then following any applicable notice
and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights
and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non -
Transportation Components and/or the right-of-way underlying the Non -Transportation
Components, and in such event, Partnering Agency shall reimburse ACHD for all associated
costs. The obligations in this Section shall survive the expiration, revocation, and/or cancellation
of this Permit for any reason.
S. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as
it gives prior written notice to ACHD that specifies in detail what responsibilities are being
delegated and identifies the third party.' Notwithstanding any delegation to a third party,
Partnering Agency shall remain and shall be ultimately responsible for the third party's
compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of
any duties or obligations of this Permit in any way. In addition, Partnering Agency fully assumes
all legal risks of determining whether any such delegation is proper under applicable law and/or
regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to
complete or maintain any such delegation for any reason.
6. 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 Partnering Agency, its agents, or contractors
related to or in connection with the Non -Transportation Components and the exercise of any
privileges or performance of any obligations by Partnering Agency pursuant to the terms of this
Permit. Partnering Agency's obligations in this Section shall survive the expiration, revocation,
and/or cancellation of this Permit for any reason.
5
7. In the event the Non -Transportation Components will or may necessitate future maintenance,
repair, relocation, or replacement that is not the subject of this Permit, ACRD shall in its
discretion issue Partnering Agency an amended or an additional Cost Share Permit to perform
such work.
8. ACED shall at all times have the right to relocate, reconstruct; remove, or redesign any and all
improvements that are part of the Road Project. ACHD will use its best efforts to advise
Partnering Agency of any anticipated actions within the Road Project that would be likely to
cause a relocation, modification, or other adaptation of any of the Non -Transportation
Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule
regarding the same and shall attempt to cooperate with respect to planning and coordination as
related to any such relocation, modification, or other adaptation of any of the Non -Transportation
Components. If ACHD ultimately determines that any part of the Road Project must be
relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and
expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non -
Transportation Components, as required by ACRD, which shall be accomplished by Partnering
Agency according to designs, plans, and specifications approved by ACHD in writing prior to any
such work. Partnering Agency may also elect to remove all or a part of the Non -Transportation
Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes
any and all costs of itself and ACED relating to any future relocation of the Non -Transportation
Components.
9. ACBD shall at all times have the right to revoke this and any other Cost Share Permit granted to
Partnering Agency to access any Highway or Public Right -of -Way. In addition, ACHD may
immediately perform any and all emergency repairs or take other measures in connection with an
emergency, in which case Partnering Agency shall reimburse ACED fully for all associated costs.
10. This Permit shall immediately be revocable and/or cancelable by ACRD by providing written
notice to Partnering Agency upon the occurrence of any of the following: (i) a determination by
ACED that any of the information submitted by Partnering Agency in the Cost Share Application
is false or inaccurate in any manner; (ii) a determination by ACHD that Partnering Agency has
failed to comply with any term or provision of this Permit or any other permit granted by ACHD
to Partnering Agency; or (iii) a determination by ACHD that Partnering Agency has failed to
replace, maintain, and/or care for the Non -Transportation Components as required by the terms of
this Permit. Except in an emergency situation, ACHD shall provide Partnering Agency with
30 days' notice of the issue and an opportunity to comply prior to exercising such rights.
11. The issuance of this Permit shall in no way obligate ACED to provide Partnering Agency with
additional permits or rights, nor shall ACHD be obligated to utilize provisions or rights set forth
in this Permit in connection with additional permits or rights that it may elect to provide to
Partnering Agency in the future.
12. All exhibits and any addenda to this Permit are incorporated herein.
13. This Permit is conditioned upon the signature of ACED and Partnering Agency below.
0
SIGNATURES
This Cost Share Permit is issued by the Ada County Highway District on the date set forth
above:
Ada County Highway District:
The person signing below represents that he or she has the authority on behalf of ACHD to issue
this PermiLand-b' the terms set forth herein.
10
City of Meridian:
Acceptance/certification by Partnering Agency: The person signing below represents that he or
she has the authority on behalf of Partnering Agency to accept and agree to the terms of this
Permit and bin Partnering Agency to the terms set forth herein.
By: Ta e Weerd
Its: Mayor
Exhibits
Exhibit A 100% Project Plans
7
CHD
EXHIBIT A
Rebecca W. Arnold, President
Mary May, 15t Vice -President
Sara M. Baker, 2nd Vice -President
Jim D. Hansen, Commissioner
Kent Goldthorpe, Commissioner
Exhibit A is explicit to 100% plan sheet 21 of ACRD Project No. 516027. All other plan sheets are not
applicable to the cost share application.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 • www.achdidaho.org
J V VONO N NN ONO 00
"pp A P OI O) O N A T O] O
43.00' 4750'
2j 3450' 34.30'
J_� r' W MATCH LINE STA. 133 00 SEE SHEET 2G
ST
+ I+17.74 72' Rr r`4_ n + \ / •
IWC StR
O E NO. 2 tl I I I I I O
xY
o 4zY- 77.a7 7 I" �r / o
.rl TIMMT
4'x4' 2QWO. BO%" -� �I I _ n� u •.�� �yi S In I e ii
�C for x6.
=IhY 1 I2. 5 1180.02 •` _
P X1z'. x 2secnz
133+47.12 W F[( _
MANm__J�
I ]+34.4 ]4.30' LT
2s8.42T/ AN42Y N
W2'1
`�AV
dllI
0 RSEE SHEETUC
_13+79.17 F 59.31'LT -- • '_ R� A I IjI
S • I
IN/ 1z•i -anal o (weer) I L �+ I � _1 +e .t4 s9. ' ITr � �
91 A UN 12•0 EW -7581 I II B VC -25x4.9 A `�' 8 I I v Still
u
030 9.17 589.]wt+ ('jl 13 w i
• O - _ - 1 4+06.75 I TIO
SECN o -WOQBB ' R I
�y
3 0 9 1> I • vu.o u+o O DRI E
I C E
_I4+21 864.7 11.11 "1
a-]a'Sei.7 39.x8' Lr -
f � 134+3].2
VaF(819x ` I q, •� I I 7h _ 1¢
LW 12YV N 2561. 111 • _I 4+3226 3410' Ili -
`'0 50
+ w7 N13 77.41Fit
INTI
TPD u
JJGz 4
C O bN� I l� II II � I yg�i5 O ��a I �ti•' T. � I O �
; jZ 1 40.00'
3 TI SJ N
F
K M
spa
or
Na) v u 9 0"
-
`moi O 11336+17.874.73' r �"y ou5 O 1':•� ii4;-)'�' u F
a.
r t ni
A S
38+43.9eMW"ao• L� I I � � `` F• • r r. ^.T .. � - R>•
a0♦ E 2578 4_1 P w It i• 1 .T.' _ - -�i-} - -< I $P
fV- ftCP Y if4 \ - t O � f •BOP S
Z136+0.00 .W .3 �I ` 1 •7}- % I ( \ �ts
60"• N 1571.06 1•iyP1S• I §87 _ _ - J
eo•. w 2sn.ox N * �� I `• -tl
�a ; Ia s = I _ I s v
v' >•� hTir 6 J -S .� r � � :f � V I" Y ,a• '�--ait>=.-
M 0 137+07.ac 9.te FnF
N O W. 4
TIra.. -. I O
NTWO
SIR M 60'.5 257x10 11 5 � Sv I I ITI- ' 1: I .,i`' • I j b. , _ I x.. £r 01 9oe
v II I I _M-25.6.4:MATCH LINE S0. 137+5G _ 3'.50' 1 34.50' I SEE SHEET 22
Q 4e.00' 4a.ao'
4 S
�4 O®O®OO®®OO®®OOO�^O�OO�OO OOOOOO OO OO OOOOn OO OO �l�J00
n 3 J J J
A OI O] O N A Ol DO
MW 10
a;"" e� s � I�a ��
itpi mo
f
m �