HomeMy WebLinkAboutAda County Highway Department - Cost Share Ordinance No. 215; Permit No. 44, Project# 521052 Ustick, Ten Mile to Linder ADA COUNTY HIGHWAY DISTRICT
COST SHARE PERMIT
3775 Adams Street ACHD Contact Person:
Garden City, Idaho 83714 Supervisor—
ACHD Phone (208) 387-6280 Development Review
4ex— Facsimile (208) 387-6289 Name:
Air3775 Adams Street
connecting you to mare Garden City Idaho 83714
Phone: 208 387-6177
Date of Permit: ACHD Project No.: 521052 Permit No.: 044
Capitalized terms that are not defined in this Permit shall have the meanings given to them in the
ACHD Cost Share Ordinance No. 215.
. PERMITTEE INFORMATION
This permit is granted to: Partnering Agency Contact
Person:
City of Meridian Caleb Hood/Mike Barton
Phone: 208-884-5533
Email: choodgmeridiancity.org
mbarton(&meridiancity.org
IL ROAD PROJECT AND APPROVED NON-TRANSPORTATION COMPONENTS
Name/Location of ACHD Road Project:
Ustick, Ten Mile to Linder.
ACHD Project 521052 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 City to
design, construct, and perpetually maintain the following Non-Transportation Components:
1) Design, Construction, and Perpetual Maintenance of the followin&
• Interim landscaping installed between back of curb and front of MUP adjacent to County
Parcel 50435346665;
• City will install and maintain permanent landscaping materials when Property is developed;
• Landscaping Landscgping improvements along already developed parcels on the street side of the
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sidewalk/future MUP will be repaired and/or replaced where possible and the adjacent
owner/HOA will maintain per the subdivision requirements;
• Low-maintenance landscaping within the center medians and that Ardurra will assist with
median designusing ACHD's current contract);
• Construction of continuous lighting along the Project, and
• Required sleeves, conduit, and junction boxes where applicable.
ACHD authorizes and requires the buffer space area along the Project, the interim landscaping between
back of curb and the front of MUP adjacent to County Parcel SO43534665 wherein City will install and
maintain permanent landscaping when County parcel SO43534665 is developed, the landscaping
improvements along already developed parcels on the street side of the sidewalk/future MUP will be
repaired and/or replaced and maintained by the adjacent owner/HOA per the subdivision requirements, the
low-maintenance landscaping within the city medians and the continuous lighting along the Project.
In accordance with Ordinance 215, the foregoing light poles, control cabinet and conduit are referred to as
the"Non-Transportation Components."
III. ACQUISITION OF RIGHT-OF-WAY OR REAL PROPERTY MM
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:
None. ACHD has already acquired or is in the process of acquiring the right-of-way necessary to
incorporate the Non-Transportation Components into the Project. Therefore, the acquisition of real
property is not required of the Partnering Agency and is not part of the Non-Transportation Components.
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 of the Non-
Transportation Components, which shall consist of designs for landscaping and street lighting described in
Section II.
The Partnering Agency shall submit the plans/designs of the Non-Transportation Components and receive
approval from ACHD as to the plans/designs prior to installation.
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If Partnering Agency is responsible for providing plans/design, deadline for submitting plans/designs
to ACHD for approval:
With the exception of the cost of designing the median landscaping, the Partnering Agency shall be solely
responsible for all design costs for the Non-Transportation Components, if any. Partnering Agency shall
receive no credits in connection with the design costs for the Non-Transportation Components other than a
credit for the stamped concrete and base materials costs ACHD would incur in the amount stated in the
Cost Share Application of$207,000.00 for installation of landscaping materials in the center median island
which measures 18,064 sf. Such credit is based upon estimated cost of stamped/patterned concrete, and
base material which ACHD would incur if median islands were not landscaped. The estimated unit price of
stamped and patterned concrete of$11.45 SF is based on current ACHD bid averages.
Additional conditions: All designs/plans submitted by Partnering Agency must comply with (i) established
engineering standards, including the Idaho Standards for Public Works 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 design or
construction of the Non-Transportation Components to the extent such Non-Transportation Components
were not designed or constructed by ACHD.
Allocation of design costs for Non-Transportation Components (including, if applicable, any credits
provided to Partnership Agency and application of any federal funding) and for reimbursement, if
applicable:
With the exception of the cost of designing the median landscaping, the Partnering Agency shall be solely
responsible for all design costs for the Non-Transportation Components, if any. The Partnering Agency
shall not be credited under this Permit for costs incurred for the design of the Non-Transportation
Components other than a credit for the stamped concrete and base materials costs ACHD would incur in
the amount stated in the Cost Share Application of$207,000.00 for installation of landscaping materials in
the center median island which measures 18,064 sf. Such credit is based upon estimated cost of
stamped/patterned concrete, and base material which ACHD would incur if median islands were not
landscaped. The estimated unit price of stamped and patterned concrete of$11.45 SF is based on current
ACHD bid averages.
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.)
Additional conditions: (1) Partnering Agency will not allow any liens to attach to any right-of-way,
improvements, or any other property of ACHD as a result of any labor performed or materials supplied in
connection with the construction of the Non-Transportation Components. (2) Partnering Agency shall be
res onsible or obtaining all permits required by ACHD in connection with any construction of the Non-
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Transportation Components. (3) Partnering Agency's construction shall not negatively impact ACHD's
construction of the Transportation Components or ACHD's Road Project schedule in any way. (4) Any
amendment to the designs and plans must be approved in writing by ACHD. (S) All construction of the
Non-Transportation Components shall be in accordance with the designs/plans approved by ACHD. (6)
All construction by Partnering Agency will comply with (i) established engineering standards including the
Idaho Standards for Public Works 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.
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:
b. Date for submitting Partnering Agency's contractors' and engineers' estimates to ACHD
approval:
c. Date for submitting Partnering Agency's contractors' and engineers' contracts to ACHD for
approval:
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, whether ACHD or Partnering Agency performs such construction. Partnering Agency shall
receive no credits in connection with the construction of the Non-Transportation Components other than a
credit for the stamped concrete and base materials costs ACHD would incur in the amount stated in the
Cost Share Application of$207,000.00 for installation of landscaping materials in the center median island
which measures 18,064 sf. Such credit is based upon estimated cost of stamped/pattemed concrete, and
base material which ACHD would incur if median islands were not landscaped. The estimated unit price of
stamped and patterned concrete of$11.45 SF is based on current ACHD bid averages. If ACHD performs
the construction of the Non-Transportation Components, then Partnering Agency shall reimburse ACHD
for the actual costs of all materials used, the cost of the relocation of any utilities necessitated by
installation of the Non-Transportation Components, including but not limited to the construction costs of
sleeves, conduit, and junction boxes where applicable. Payment by Partnering Agency shall be made to
ACHD within 30 days following submission of any invoice by ACHD to Partnering Agency identifying
such charges.
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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 (what is being constructed) within ACHD's project shall be designed so as to prevent storm water
from accumulating and ponding.
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 ACHD.
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 sometime in 2024/2025.
VI. MAINTENANCE OF NON-TRANSPORTATION COMPONENTS :7
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 landscaping
and street lighting described in Section H.
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 landscaping and street lighting 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 and 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
specification approved in advanced an in writing by ACHD, in its discretion, and as required to satisfy
applicable laws, its policies, and good engineering and landscaping practices.
Additional conditions:
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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.
S. 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 sufficient for Partnering Agency to
realize the economic benefit from 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 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 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.
VIL TERM
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Term of Permit:
This Permit shall be 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 Non-
Transportation Components that remain in ACHD right-of-way or on ACHD real property 90 days after
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.
VII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT
Additional provisions:
This permit provides terms upon which the incorporation of the Non-Transportation Components into the
Road Project is approved.
IX. GENERAL CONDITIONS OF PERMIT
1. This Permit is issued conditioned on the Partnering Agency's compliance with ACHD's Cost Share
Ordinance No. 215, the terms and conditions of this Permit and all applicable ACHD policies,
standards and specifications and all certifications made by the Partnering Agency's pursuant to this
Permit.
2. This Permit is subject to the provisions of state and federal law and all ACHD Ordinance, including but
not limited to the Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit and
those that may be adopted after the 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 the Partnering Agency or of ACHD in connection with this Permit or the
Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the
remaining obligations of the Permittee set forth in this Permit shall still be applicable. Further
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
and ACHD personal property therein) is damaged as a result of Permittee's action or inaction with
regard to the construction, operation, and/or maintenance of the Fiber Optic Facilities or the failure or
neglect to construct, operate, and/or maintain the Fiber Optic Facilities, then the Permittee 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 Permittee or its successors or assigns shall fail or neglect to commence such correction
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and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in
which event Permittee shall reimburse ACHD for the costs and expenses thereof, including, without
limitation, reasonable compensation for the use of staff and equipment of ACHD.
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 directly resulting from the
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 or
real property underling the Non-Transportation Components, and in such event, Partnering Agency
shall reimburse ACHD for all associated cost. The obligations in this Section shall survive the
expiration, revocation, and/or cancellation of this Permit for any reason.
5. 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, the 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 property 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 the Permittee, 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 the 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.
7. In the event the Non-Transportation Components will or may necessitate future maintenance, repair,
relocation, or replacement that is not subject to this Permit, ACHD shall in its discretion issue
Partnering Agency an amended or an additional Cost Share Permit to perform such work.
8. ACHD 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
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Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or
redesigning the Non-Transportation Components, as required by ACHD, which shall be accomplished
by the 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 ACHD relating to any future relocation of the Non-
Transportation Components.
9. ACHD shall at all times have the right to revoke this and any other Permit granted to the Partnering
Agency to access the Highway or public right-of-way or real property. In addition, ACHD may
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.
10. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to
the Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that
any of the information submitted by the Partnering Agency in the Cost Share Application is false or
inaccurate in any manner; (ii) a determination by ACHD that the Partnering Agency has failed to
comply with any term or provision of this Permit; (iii) a determination by ACHD that the 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 the
Partnering Agency with thirty (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 ACHD to provide Partnering Agency with
additional permits or rights, nor shall ACHD be obligation 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.
15. This Permit is conditioned upon the signature of ACHD and the Permittee below.
SIGNATURES
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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
Permit and bind ACHD to the terms set forth herein.
By: Ryan Head
Its: Director
Acceptance/certification by Permittee:
The person signing below represents that he or she has the authority on behalf of the Partnering Agency to
accept and agree to the terms of this Permit and bind the Partnering Agency to the terms set forth herein.
By: Robert E. Simison 1-7-2025
Its: Mayor
By:
Chris Johnson, City Clerk 1-7-2025
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EXHIBITS
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