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HomeMy WebLinkAboutCost Share Permit No. 032 Project No. 518030 with ACHDADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT st 3775 Adams Street ACHD Contact Person: 7 % #!4IP Garden City Idaho 83714 Phone (208) 387-6280 Name: David Rader 3775 Adams Street 409 ACHD Facsimile (208) 387-6289 Garden City Idaho 83714 Phone: (208) 387-6249 Date of Permit: , ACHD Project No.: 518030 Permit No.: 032 2019 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD 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: Ten Mile Road, McMillan Road to Chinden Boulevard, ACHD Project #518030, as depicted in the project 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: Design, Construction, and Maintenance of Interim Treatment until Replaced with Design, ,(1) Construction, and Perpetual Maintenance of Permanent Landscaping in the Buffer Area in Front of and/or Adjacent to Parcels 7, 8, 32, 33, 36, 45, 46, 47, and 59, as depicted on Exhibit A. ACHD authorizes and requires the design, construction, and maintenance of interim treatment in the form of 2 -inch minus drain rock, as depicted on Exhibit A. The top surface of the drain rock shall be level and depressed 1/2 inch to 1 inch below the top surface of the curb and sidewalk in order to contain the rock (collectively, the "Interim Treatment") within the buffer area in front of and/or adjacent to Parcels 7, 8, 32, 33, 36, 45, 46, 47, and 59 for a period of 10 years from the date of this Permit. Prior to or upon expiration of the 10 -year period, the Interim Treatment must be replaced with developed landscaping in the form of irrigated grass or other permanent landscaping approved pursuant to this Permit (the "Permanent Landscaping"), except that ACHD may, in its sole discretion, taking into account then -current conditions, authorize the Interim Treatment to remain in front of and/or adjacent to parcels that are undeveloped beyond the 10 -year period. Such authorization, if given, shall only be valid if it is provided by ACHD in writing prior to the expiration of the 10 -year period. (2) Design Construction and Perpetual Maintenance of Fiber Optic Conduit, as depicted on Exhibit B. ACHD authorizes and requires the design, construction, and perpetual maintenance of 2 -inch fiber optic conduit (the "Conduit"), as depicted on Exhibit B. The Conduit shall be for the sole use of Partnering Agency. In accordance with Ordinance 215, the foregoing Interim Treatment, Permanent Landscaping, and Conduit are referred to herein as the "Non -Transportation Components." III. ACQUISITION OF RIGHT-OF-WAY OR REAL PROPERTY Conditions of acquisition/contribution of right-of-way or real property by Partnering Agency and/or reimbursement to ACHD by Partnering Agency for said acquisition: ACHD has already acquired or is in the process of acquiring right-of-way or real property adequate for the Non -Transportation Components. Therefore, the acquisition of right-of-way or real property is not required of Partnering Agency. IV. DESIGN OF NON -TRANSPORTATION COMPONENTS Party responsible for obtaining plans/design for Non -Transportation Components: Partnering Agency shall be responsible for obtaining approval of the plans/designs for the Permanent Landscaping in front of and/or adjacent to the parcels expressly listed above. No design is required for the Interim Treatment or Conduit. If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: Partnering Agency shall submit the plans/designs of the Permanent Landscaping to ACHD's Traffic Department for approval. Partnering Agency may not begin installation until ACHD's Traffic Department has approved the plans/designs. Additional conditions: All desi ns/ laps submitted by Partnering A emy must comply with (i) established engineering standards, including the Idaho Standards for Public WorIcs Construction (ISPWC); (ii) the American Association of State Highway and Transportation Officials ("AASHTO'); (iii) the Cost -Share Ordinance No. 215; (iv) all adopted ACHD rules, regulations, and policies; and (v) all state and federal laws. No designs shall be considered final until they are approved in writing by ACHD. Any modifications to the deadlines set forth above must be approved in writing by ACHD. By approving such designs/plans, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Non -Transportation Components to the extent such Non -Transportation Components were not designed or constructed by ACBD. 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 be solely responsible for all design costs for the Non -Transportation Components, if any. Partnering Agency shall not be credited under this Permit for costs incurred for the design of 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 Interim Treatment and Conduit. 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 ACHD. 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 Non - Transportation Components. 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 Non -Transportation Components, and any other costs associated with theconstruction and installation of the Non -Transportation Components. 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 Non -Transportation Components. Storm water provisions (if applicable): The buffer area between the sidewalk and the vertical curb shall be designed so as to prevent storm water from accumulating and ponding therein. 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 Spring 2020. VI. MAINTENANCE OF NON -TRANSPORTATION COMPONENTS 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 Non -Transportation Components, subject to the provisions of this Permit and during the term of this Permit. This includes the perpetual maintenance, repair, and replacement of the Permanent Landscaping in front of and/or adjacent to Parcels 7, 8, 32, 33, 36, 45, 46, 47, and 59. Partnering Agency shall cause the Non -Transportation Components to be operated and maintained in good functioning order, during the term 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. Additional conditions: 1. This Permit does not extend to Partnering Agency the right to use any part of the ACHD Road Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. In accessing any part of the Road Project that has been accepted as an open public highway (as the term "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements of records and the statutory rights of utilities to use the right-of-way. 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-of- way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Non-Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from asserting any claim, including damages or reimbursement, that the license is in any way irrevocable because Partnering Agency has expended funds on the Non-Transportation Components and the Permit has not been in effect for a period suff cient for Partnering Agency to realize the economic benefit fi-om such expenditures. 6. In the event Partnering Agency fails to replace, repair, 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 Partnering Agency 30 days' notice and Partnering Agency fails to remedy such failure: (i) ACHD may revoke this Permit; (ii) ACHD may replace, maintain, and/or care for the Non-Transportation Components, and Partnering Agency shall reimburse ACHD fully for all associated costs; (iii) ACHD may remove, alter, redesign, or reconstruct the Non-Transportation Components or any part of the ACHD Road Project (including without limitation the right-of-way), or in the case of landscaping, replace the Non-Transportation Components with hardscape, and Partnering Agency shall reimburse ACHD fidly for all associated costs; and (iv) ACHD may refuse to issue any further Cost Share Permits or any other permits for future ACBD Road Projects until Partnering Agency complies with the conditions of the Permit. In addition, in the event of an emergency caused by 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 Partnering Agency shall reimburse ACHD fully for all associated costs. 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, personal property, and real 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 or real property underlying the Non -Transportation Components. Any portion of the No Components that remain in ACHD right-of-way or on ACHD real property 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 or real property 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 ACHD 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 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 Meridian City Council Meeting Agenda April 23, 2019 – Page 357 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 358 of 699 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 ACED to issue this Permit and bind ACHD to the terms set forth herein. By: ruce S. Wong Its: Direc o 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 bind Partnering Agency to the terms set forth herein. By: !TaWdeWeerd Its: Mayo Exhibits Exhibit A Project Plans Exhibit B Conduit Plans Z Meridian City Council Meeting Agenda April 23, 2019 – Page 360 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 361 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 362 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 363 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 364 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 365 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 366 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 367 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 368 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 369 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 370 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 371 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 372 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 373 of 699