HomeMy WebLinkAboutAda County Highway District Nine Mile Creek Flood Resilience Municipal Bypass INTERAGENCY AGREEMENT FOR VARIANCE TO LOCATE
A MUNICIPAL BYPASS FOR NINE MILE CREEK FLOOD RESILIENCE
PROJECT
BETWEEN
CITY OF MERIDIAN , IDAHO
AND THE
ADA COUNTY HIGHWAY DISTRICT
THIS INTERAGENCY AGREEMENT FOR VARIANCE TO LOCATE A
MUNICIPAL BYPASS FOR NINE MILE CREEK FLOOD RESILIENCE
PROJECT , hereinafter referred to as the " Agreement" is made and entered into as of the
day of November , 2025 (the "Effective Date ") , between the ADA COUNTY
HIGHWAY DISTRICT , a body politic and corporate of the State of Idaho ("ACHD ")
and with an address for purposes of notices at 3775 Adams Street , Garden City , ID 83714 ,
and the CITY OF MERIDIAN , IDAHO , an Idaho municipal corporation (" City of
Meridian " or " City" ) and with an address for purposes of notices at 33 East Broadway
Avenue , Meridian , Idaho 83642 .
RECITALS
WHEREAS , ACHD is a single county -wide highway district in and for Ada
County , Idaho pursuant to Idaho Code , Chapter 14 , Title 40 , with the exclusive jurisdiction
over the public Right- of- Way in Ada County ; and
WHEREAS , the City of Meridian is a duly authorized municipal corporation
organized and operating pursuant to Idaho Code Title 50 , as amended and supplemented
with jurisdiction , authority and police power to regulate and control municipal activities
with the City ;
WHEREAS , Idaho Code Section 50 - 301 and Idaho Code Section 50 - 333 grants
the City of Meridian the power to prevent the flooding of the city or to secure its drainage
to make any improvement or perform any labor on any stream or waterway when necessary
to protect the safety of life and property of the city within or without the city limits ; and
WHEREAS , the City of Meridian in cooperation with the Meridian Development
Corporation (MDC ) and the Federal Emergency Management Agency ( "FEMA ") are
working to develop flood resilience on Nine Mile Creek in the vicinity of Downtown
Meridian . The City in conjunction with Forsgren Associates (hereinafter " Consultant" ) are
preparing a Union Pacific Railroad Company (hereinafter "UPRR") permit modification
request on behalf of ACHD requesting modifications to the existing ACHD storm drain
line running parallel to UPRR from Meridian Road to the inlet to Nine Mile Creek
proposing enlargement of the existing storm drain line to increase its capacity in
accordance with the project plans attached exhibit "A" , and
WHEREAS , in order to construct the modification to enlarge the existing storm
drain line running parallel to UPRR from Meridian Road to Nine Mile Creek to increase
its capacity as depicted in the attached exhibit "A" the City of Meridian in cooperation with
the MDC and their Consultant must obtain a permit modification for ACHD .
AGREEMENT
NOW , THEREFORE , for and in consideration of foregoing Recitals , which are
made a part of the Agreement , and not mere Recitals , and for other good and valuable
consideration , the receipt and sufficiency of which are hereby acknowledged , the parties
hereby agree as follows .
L City of Meridian ' s Obligations .
1 . 1 . Design and Construction . City of Meridian shall , at City ' s cost and expense ,
design , construct , operate and maintain the modification to enlarge the existing
storm drain line running parallel to UPRR from Meridian Road to Nine Mile Creek
to increase its capacity as depicted in the attached exhibit "A" (hereafter referred
to as the "Nine Mile Creek Flood Resilience Project") in accordance with good
engineering practices and any applicable laws , rules and regulations , including but
not limited to , the Idaho Standards for Public Works Construction .
1 . 1 . 1 . City of Meridian shall pay any and all fees to UPRR for the application to and
modification of the permit due to the Nine Mile Creed Flood Resilience Project .
1 . 1 . 2 . City of Meridian shall provide a certification by a professional engineer
licensed in the state of Idaho that the Nine Mile Creed Flood Resilience Project
is constructed in accordance with all applicable laws . The Nine Mile Creek
Flood Resilience Project design and construction shall include record
drawings , and copies of test results that verify trench compaction , and pressure
tests per accepted industry standards .
1 . 1 . 3 . ACHD assumes no responsibility for any deficiencies or inadequacies in the
design or construction of the Nine Mile Creed Flood Resilience Project and the
responsibility therefore shall be and remain with City of Meridian .
1 . 1 . 4 . City of Meridian shall install the Nine Mile Creed Flood Resilience Project
within the Right- of- Way as authorized and permitted by ACHD .
1 . 1 . 5 . The cost for any inspection and testing of the Nine Mile Creed Flood Resilience
Project accomplished by ACHD or a third party designated by ACHD shall be
charged to the City of Meridian . All test results obtained by City shall be
provided to ACHD promptly and prior to the operation of the Nine Mile Creed
Flood Resilience Project .
1 . 1 . 6 . City of Meridian shall diligently and continuously prosecute the construction ,
repair and maintenance of the Nine Mile Creed Flood Resilience Project .
2 . Access .
2 . 1 . If permissions and Authorizations from other parties are necessary to obtain
access to construct , operate and maintain the Nine Mile Creek Flood
Resilience Project , it is the responsibility of City of Meridian to obtain such
permissions and Authorizations .
2 . 2 . Unless otherwise specifically agreed , City of Meridian shall be responsible for
all " one - call " (Digline ) responses for the Nine Mile Creek Flood Resilience
Project . All costs associated with the City ' s access to the Nine Mile Creek
Flood Resilience Project will be borne by the City .
ible for the relocation of any existing utilities
2 . 3 . City of Meridian shall be respons
located on the Right- of-Way as may be required in connection with any
construction or installation of the Nine Mile Creek Flood Resilience Project in
the Right- o & Way .
3 . Permit. If the proposed construction and installation of the Nine Mile Creek Flood
Resilience Project , or any reconstruction , relocation or maintenance thereof requires
City of Meridian to obtain a permit under ACHD rules and regulations , City shall first
obtain such permit from ACHD ' s Construction Services division before commencing
such work and pay the required fees and otherwise comply with the conditions set forth
therein .
idian or its contractor shall provide ACHD with
4 . Construction Warranty . City of Mer
a two (2 ) year warranty for the work and material associated with the construction of
the Nine Mile Creek Flood Resilience Project . The warranty period is two (2 ) years
following ACHD ' s acceptance of the Nine Mile Creek Flood Resilience Project
5 . Variance, Revocable and Non -Exclusive.
5 . 1 . Variance. Pursuant to ACHD rules and regulations , ACHD hereby grants to City
of Meridian , a Variance pursuant to ACHD Policy Section 6007 . 12 to locate ,
construct, install , operate and maintain the Nine Mile Creed Flood Resilience
Project as depicted in the attached exhibit "A " (hereafter "the Variance") . The
Variance is personal to the City and may not be assigned , transferred , or conveyed
for any purpose during the Term without the express prior written consent of
ACHD .
5 . 2 . Emergency Response Costs . The City of Meridian shall pay all emergency
response costs assessed by ACHD to City for responding to emergencies caused in
whole or in part by City ' s use of the public Right - o & Way , damages to ACHD or
its roadway facilities caused by the Nine Mile Creek Flood Resilience Project .
ACHD shall charge standard employee rates , plus benefits , and its per diem
equipment rates .
5 . 3 . Term . The term of this Agreement and Variance shall commence on the Effective
Date and continue thereafter for a period of fifty ( 50 ) years (" Term " ) .
5 . 4 . Future Ordinances . City of Meridian agrees and acknowledges that ACHD may
pass an ordinance or resolution that modifies the terms and conditions of the
itional rules and regulations regarding the Nine Mile
Agreement that imposes add
Creek Flood Resilience Project and other City owned utilities in the Right- of-- Way .
Upon passage of such ordinance or resolution , City may terminate the Agreement ,
and the Variance granted hereunder upon ninety ( 90 ) days ' notice to ACHD .
Restrictions on Use . This Agreement and Variance is subject to the terms and
conditions of the applicable law and other authorizations . The City of Meridian
is limited to the use of the Right- of-- Way for the Nine Mile Creek Flood
Resilience Project . The Nine Mile Creek Flood Resilience Project will remain
the sole and exclusive property of City , which will at all times be and remain
the City ' s personal property , except as otherwise provided in this Agreement .
5 . 4 . 1 . City of Meridian may only use the Nine Mile Creek Flood Resilience Project
for City ' s own purposes during the Term and shall not transfer or sell any
portion of the Nine Mile Creek Flood Resilience Project .
5 . 4 . 2 . City of Meridian shall not use the Nine Mile Creek Flood Resilience Project in
a way that is not authorized or interferes with or adversely affects the use of
the Right- of-- Way .
5 . 5 . Non -Exclusive. This Agreement or the Variance granted herein does not extend
to City of Meridian the right to use the Right- o & Way to the exclusion of ACHD
for any use within its jurisdiction , authority and discretion or of others to the extent
authorized by law to use Right- of- Way .
5 . 5 . 1 . Open Hi! hway . All roadways within the Nine Mile Creed Flood Resilience
Project , including but not limited to : N . Meridian Road , E . Ada Street, E .
Franklin Road , E . 2nd Street, and N . Main Street, are open public Highways (as
used in this Agreement , the term " Highway" is as defined in Idaho Code § 40 -
109 ( 5 ) ) ; City of Meridian ' s authorized use under this Agreement and the
Variance is subject to the rights of the public to use the Right- o & Way for
Highway purposes .
5 . 5 . 2 . Easement Holders . This Agreement and the Variance is subject to and
subordinate to the rights of holders of easements of record and the statutory
rights of utilities to use the Right- o & Way .
5 . 5 . 3 . Future Third Party Licenses or Easements . This Agreement and the
Variance is not intended to , and shall not, preclude or impede the ability of
ACHD to enter into grant easements or other license agreements in the future
allowing third parties to also use the Right- of- Way , or the ability of ACHD to
redesign , reconstruct, relocate , maintain and improve the Right- of-- Way as it
determines necessary , in its sole discretion .
5 . 5 . 4 . Relocation of Nine Mile Creek Flood Resilience Project and other City of
Meridian Sewer and Water Lines and Facilities . If ACHD requires , in its
sole discretion , at any time , and from time to time , that the Highway on and/or
adjacent to the Right- of-- Way be widened and/or realigned , redesigned ,
improved and/or reconstructed , or otherwise modified , the City of Meridian ,
under the terms of this Agreement and pursuant to Idaho law , hereby accepts
responsibility for any and all costs for relocating , modifying or otherwise
adapting the Nine Mile Creed Flood Resilience Project as well as any other
affected sewer or water lines or facilities depicted in the attached Exhibit A to
such realignment and/or relocation and/or reconstruction if required by ACHD ,
which shall be accomplished by City according to designs , plans and
specifications approved in advance by ACHD in writing and within reasonable
deadlines established by ACHD . Failure to comply with a reasonable
relocation obligation by any deadline so established by ACHD and as required
by ACHD shall be a default of this Agreement and shall cause ACHD not to
issue any permit to City for a period of not less than 12 months beginning on
such deadline date , except for emergencies . To the extent that the Nine Mile
Creek Flood Resilience Project and other City of Meridian sewer and water
lines and facilities depicted in the attached Exhibit A are "utility facilities " as
defined in Section 40 -210 (4 ) , Idaho Code , ACHD shall comply with the
requirements of Section 40 - 210 (2) in terms of advance notice of projects that
may require relocation of such lines and facilities and opportunity for plan
review and discussion of recommendations and coordination . Any future
relocation of the Nine Mile Creek Flood Resilience Project and other City of
Meridian sewer or water lines or facilities that lie within Right- of-- Way and
deemed necessary by ACHD , shall be moved at the sole expense of the City
and City agrees to be bound to comply with ACHD rules and regulations
regarding utility relocations and any subsequent amendments .
50504018 City of Meridian shall assume any and all financial responsibility
relating to any future placement or relocation of the Nine Mile Flood
Resilience Project as well as any relocation of public utilities located
within the public Right- of- Way that is necessitated by the placement or
future relocation of the Nine Mile Creek Flood Resilience Project
5 . 504020 City of Meridian shall have access over, across and under the Right- of
Way for the purposes of accomplishing any such future placement or
relocation .
5 . 5 . 5 . Waiver and Estoppel Statement. In consideration of ACHD ' s grant of the
Variance , City of Meridian expressly covenants and agrees that the Variance
granted herein is non -transferable , and merely a permissive use of the Right-
of- Way pursuant to this Agreement . City further acknowledges and agrees that
it specifically assumes the risk that the Variance pursuant to this Agreement
may be terminated before City has realized the economic benefit of the cost of
installing , constructing , repairing , or maintaining the Nine Mile Creek Flood
Resilience Project, and City hereby waives and estops itself from asserting any
claim , including damages or reimbursement , that the Variance is in any way
irrevocable because City has expended funds on the Nine Mile Creek Flood
Resilience Project and the Agreement has not been in effect for a period
sufficient for City to realize the economic benefit from such expenditures .
5 . 5 . 6 . Removal and Restoration . Upon termination of this Agreement for breach ,
City of Meridian shall promptly remove the Nine Mile Creek Flood Resilience
Project , however , ACHD and City may agree in writing that some or all of such
improvements are to remain in the Right- of- Way following termination . City
of Meridian shall repair and restore all portions of ACHD ' s Right- of- Way and
personal property , if any , that is damaged during such removal activities to its
condition immediately prior to such removal and damage . Any portion of Nine
Mile Creek Flood Resilience Project remaining in the Right- of- Way ninety
( 90 ) days after the termination of this Agreement shall be deemed abandoned
and ACHD shall have the right to remove and charge all costs to City . Should
City fail or neglect to promptly remove the Nine Mile Creek Flood Resilience
Project and restore the Right- of- Way , ACHD may do so , and assess City for
the costs thereof.
6 . Repair and Maintenance of the Nine Mile Creek Flood Resilience Project. During
the Term , City of Meridian shall operate and maintain the Nine Mile Creek Flood
Resilience Project at City ' s cost and expense in accordance with the provisions of this
Agreement , applicable law and the approved Operation and Maintenance Manual ,
except that ACHD shall operate and maintain the section of the project that accepts
ACHD ROW stormwater . ACHD will continue to operate and maintain the storm drain
system downstream of the Nine Mile Creek Flood Resilience Project tie in at the Main
Street storm drain manhole to the outfall to Nine Mile Creek
6 . 1 . Routine Maintenance . The City of Meridian shall cause the Nine Mile Creek
Flood Resilience Project to be operated and maintained in good working order
during the Term . Non - emergency work that is reasonably expected to result in
interference or interruption of the Nine Mile Creek Flood Resilience Project must
be coordinated between the parties and performed in accordance with the approved
Operation and Maintenance Manual .
6 . 1 . 1 . Any repairs or maintenance of the Nine Mile Creek Flood Resilience Project
shall also be accomplished in accordance with designs , plans and specifications
approved in advance by an Idaho licensed engineer and as required to satisfy
applicable laws , its policies and good engineering practices at the sole expense
of the City .
6 . 1 . 2 . ACHD assumes no responsibility for any deficiencies or inadequacies in the
design , construction or maintenance of the Nine Mile Creek Flood Resilience
Project , and the responsibility therefore shall be and remain with the City of
Meridian . The City shall have access over, across and under the Right- o & Way
for the purposes of accomplishing any such repair and maintenance pursuant
to the permit to be obtained pursuant to Section 3 above .
6 . 2 . Emergency Repairs . The City of Meridian shall perform all emergency repairs
and maintenance to the Nine Mile Creek Flood Resilience Project . Any and all
costs associated with such emergency repairs and maintenance performed upon the
Nine Mile Creek Flood Resilience Project shall be City ' s responsibility including
any costs with repairing the Right-of- Way in accordance with ACHD rules and
regulations .
6 . 2 . 1 . City of Meridian shall provide adequate assurance that the City is diligently
pursuing remedial action . If the City fails to initiate and diligently pursue
repair, then ACHD may , but shall not be obligated to , effect repair or
replacement to prevent any damage to the public Right- of- Way . City of
Meridian shall reimburse ACHD for all reasonable costs and expenses pursuant
to the City ' s standard accounting practices , which shall include backup
documentation for all charges . Failure to reimburse said costs and expenses
shall result in a termination of the Variance , as well as other legal remedies and
awards available to ACHD as a result of such failure .
6 . 2 . 2 . City of Meridian shall coordinate all maintenance and repair activities with
ACHD . City may hire contractors to perform their maintenance and repair
obligations . All contractors performing such work shall be licensed and
bonded to work in ACHD Right- of- Way and shall obtain all necessary permits
from ACHD to perform such work .
6 . 3 . Damage to Right of Way . If any portion of the Right- of- Way is damaged as a
result of.
6 . 3 . 1 . The performance by City of Meridian of the maintenance required or the failure
or neglect to perform such maintenance ; and/or
6 . 3 . 2 . City of Meridian design , installation or use of the Nine Mile Creek Flood
Resilience Project regardless of cause , and/or
6 . 3 . 3 . Failure of the Nine Mile Creek Flood Resilience Project and/or trenches
relating thereto , regardless of cause ,
then , City of Meridian , at its sole cost and expense shall forthwith correct
such deficiency and restore the Right- of Way to the same condition it was
in prior thereto , and if City or its successors and assigns shall fail or neglect
to commence such correction and restoration within twenty - four (24) hours
of notification thereof, ACHD may proceed to do so , in which event City
agrees to reimburse ACHD for the costs and expenses thereof, including ,
without limitation , reasonable compensation for the use of staff and
equipment of ACHD .
Should an emergency exist related to the Nine Mile Creek Flood Resilience
Project that threatens the stability or function of the Right- of- Way or
property adjacent to the Right- of- Way or the safety of the public use thereof,
ACHD shall first contact the City of Meridian to determine if it is
responding to the emergency ; and if the City of Meridian has not responded
by having qualified personnel at the scene of the emergency within fifteen
( 15 ) minutes of notification by ACHD , only then shall ACHD have the
unconditional and unquestionable authority to immediately and indefinitely
discontinue the operation of the Nine Mile Creek Flood Resilience Project
( including , but not limited to shutting off flow control valves and
disconnecting power from the pumping system) as are necessary in
ACHD ' s sole discretion to protect the Right- of- Way and/or adjacent
property from instability , damage or malfunction .
i
If, as authorized in this section , ACHD discontinues the operation of the
Nine Mile Creek Flood Resilience Project , it shall be the responsibility of
the City of Meridian , at its sole cost and expense to perform the necessary
repairs to the Nine Mile Creek Flood Resilience Project and to make all
necessary repairs to and otherwise restore , the Right- of- Way and/or
property before ACHD will allow the Nine Mile Creek Flood Resilience
Project to be placed back into service .
If the City of Meridian fails to immediately perform necessary emergency
repairs to the Third Pressure Sewer Line and make all necessary repairs to
and otherwise restore , the Right- of- Way and/or property adjacent the Right-
o & Way , ACHD shall also have the right to make all necessary repairs to
and otherwise restore , the Right-o & Way and/or adjacent property , on behalf
of, and at the cost of City , and in such case , City , agrees to reimburse ACHD
the reasonable costs and expenses thereof, including , without limitation , the
use of staff and equipment of ACHD .
7 . Representations Regarding Authorizations . City of Meridian represents , warrants ,
and covenants as of the date hereof, that .
7 . 1 . City ' s execution , delivery , and consummation of this Agreement have been duly
approved by the City Meridian city council in accordance with applicable law and
any instruments governing City . No approval or consent of any person , firm , or
other entity is required to be obtained by the City to permit it to consummate this
Agreement .
7 . 2 . City of Meridian ' s use of the Right- o & Way will be in accordance with all Federal ,
State , and local laws , rules , regulations , codes , statutes , and subject to all
Authorizations ; and
7 . 3 . City of Meridian has obtained all Authorizations , approvals and consents necessary
to use the Nine Mile Creek Flood Resilience Project in the Right- of- Way ; and
7 . 4 . City of Meridian has the full right and authority under the Authorizations to enter
into this Agreement and perform its obligations hereunder, and the same will not
violate the authorizations or approvals (with or without the giving of notice or the
lapse of time or both ) or require any consent , approval , filing or notice under or
under any provision of any law, rule , regulation , court order, judgment, or decree
applicable to the City , and
7 . 5 . City of Meridian will perform all work related to access and use of the Third
Pressure Sewer Line in a professional and workmanlike manner in accordance with
industry standards .
7 . 6 . City of Meridian has the capacity to provide. long-term operations and maintenance
and a positive means for assessment of Nine Mile Creek Flood Resilience Project
costs .
7 . 7 . Any work performed by City of Meridian in ACHD ' s Right- of- Way shall be in full
compliance with ACHD ' s rules and regulations as it presently exists , or as it may
be hereafter amended .
8 . Default and Termination .
8 . 1 . In addition to the conditions of default and remedies set forth in Sections 5 . 5 and
5 . 6 above , if City of Meridian defaults in the performance of any obligations
it to perform hereunder, ACHD may terminate this Agreement
incumbent upon
and the rights extended to City hereunder at any time , effective at the end of sixty
(60 ) days following the date ACHD provided written notice of intent to terminate
to City which notice shall specify in detail , each and every alleged default( s) . City
shall have such sixty ( 60) day period to correct and cure the specified defaults , and
if so corrected and cured , to the satisfaction of ACHD , this Agreement shall not be
terminated but shall continue in full force and effect . Notwithstanding the
foregoing , emergency repairs must be cured within one ( 1 ) day after receipt of such
notice from ACHD unless delayed by exceptional circumstances beyond the City ' s
control such as extreme weather or unavailability of necessary parts or equipment
and shall not be subject to the sixty ( 60 ) day cure period outlined above .
8 . 2 . Upon the failure of the City of Meridian to timely cure any default, ACHD may ( 1)
terminate the Variance and/or this Agreements ( ii) take such action as it
determines , in its sole discretion , to be necessary to correct the default ; and/or ( iii )
pursue any legal remedies it may have under applicable law or principles of equity
relating to such breach .
8 . 3 . If ACHD defaults in the performance of its obligations under the terms and
provisions of this Agreement in the time and manner required herein , City of
Meridian shall only be entitled to non-monetary remedies , such as specific
performance , declaratory relief, and injunctive relief.
9 . Indemnification and Limitation of Liability .
9 . 1 . ACHD SHALL NOT BE LIABLE TO CITY OF MERIDIAN OR ANY THIRD
PARTY FOR REIMBURSEMENT OR ANY INDIRECT , SPECIAL ,
PUNITIVE , OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO , ANY DAMAGES ARISING OUT OF ANY CLAIM FROM ANY
CUSTOMER FOR LOSS OF SERVICES ) ARISING UNDER THIS
AGREEMENT OR FROM ANY BREACH OF THIS AGREEMENT ,
9 . 2 . Each party shall be responsible only for the expenses and against suites , actions ,
claims or losses of every kind , nature and description , including costs , expenses
and attorney fees caused by or arising out of any negligent acts by its officers ,
employees , agents or contractors while acting within the course and scope of their
employment .
9 . 3 . When a party has actual knowledge of a claim falling within the other party ' s
obligations , such party shall promptly notify the other party and provide reasonable
assistance and information appropriate to the defense of the claim ( s ) . Nothing
contained herein shall operate as a limitation on the right of any party to bring an
action for damages , including consequential damages , against any third party ( i . e . ,
any person other than ACHD , City , and their respective appointed or elected
officials , officers , directors , agents , employees , contractors , and partners) based on
any acts or omissions of such third party as such acts or omissions may affect
Right- of- Way or the construction , operation , repair , or maintenance of the Nine
Mile Creek Flood Resilience Project .
9 . 4 . For any claims or actions arising out of failures or neglects occurring during the
Term of this Agreement, City ' s obligations pursuant to this Section 9 shall survive
the termination of this Agreement .
10 . Compliance with Law , Waste and Nuisance Prohibited . In connection with City
of Meridian ' s use of the Right-of- Way , throughout the term of this Agreement, the
City covenants and agrees to : ( 1 ) comply with , and observe in all respects , any and
all federal , state and local statutes , ordinances , policies , rules and regulations ,
including , without limitation , those relating to traffic and pedestrian safety , the
Clean Water Act and/or to the presence , use , generation , release , discharge , storage
or disposal in , on or under the Right- of-- Way of any Hazardous Materials (defined
as any substance or material defined or designated as hazardous or toxic waste ,
material or substance , or other similar term , by any federal , state or local
environmental statute , regulation or occurrence presently in effect or that may be
promulgated in the future) ; (ii ) obtain any and all permits and approvals required
by ACHD or any other unit of government ; and (III ) commit no waste or allow any
nuisance on the Right- of- Way . City of Meridian covenants and agrees to indemnify
and hold ACHD harmless from and against any and all claims , demands , damages ,
liens , liabilities and expenses ( including without limitation , reasonable attorneys '
fees) , arising directly or indirectly from or in any way connected with the breach of
the foregoing covenant . These covenants shall survive the termination of this
Agreement
11 , Insurance.
11 . 1 . City of Meridian , or its contractor , at its sole cost and expense shall maintain public
liability and property damage insurance with a minimum liability limit of One
Million Dollars ( $ 1 , 000 , 000 ) per occurrence or claim and Three Million Dollars
( $ 3 , 000 , 000 ) in the aggregate insuring to such limits against all liability of City
arising out of and in connection with its use or occupancy of the Right-of- Way
hereunder . During the Term , City , or its contractor , shall maintain not less than
the following insurance .
Type of Coverage Amount of Coverage
Worker' s Compensation Insurance Statutory Amount
Employer' s Liability Occupational $ 1 million each accident
Disease and Bodily Injury Insurance
$ 1 million disease each employee
$ 1 million disease -policy limit
Commercial General Liability Insurance , Combined single limit personal injury and
including premises - operations , property damage on an occurrence policy
products/completed operations , form with policy amounts of ( 1 ) not less
independent contractors , contractual than $ 1 million per occurrence (without a
(blanket) , broad form property damage , limitation on aggregate amount) ; or (ii ) not
with umbrella excess liability less than $ 1 million per occurrence with an
(collectively , " Comprehensive aggregate annual amount of not less than $ 3
Coverage ") million
Automobile Liability Insurance for $ 1 million combined single limit bodily
owned , hired and non - owned autos injury/property damage
11 . 2 . Prior to commencement of any work pursuant to this Agreement or any subsequent
Addendum , the City of Meridian must furnish to ACHD the applicable certificates
of insurance identifying the certificate holder as Additional Insured as provided in
Section 11 . 2 , and stating that the insurer will endeavor to notify ACHD at least
thirty (30 ) days prior to cancellation of, or any material change in , the coverage
provided . On or before January I st of each year during the Term , and upon the
request of ACHD at any time , City will provide ACHD with a certificate of
insurance indicating that the required insurance in the required amounts is in full
force and effect .
11 . 3 . The foregoing insurance requirements are not intended to and shall not in any
manner limit or qualify the liabilities and obligations of the City , or its contractor,
under this Agreement .
12 . Acknowledsment . Notwithstanding any other provision of this Agreement , City
of Meridian acknowledges as follows ( 1 ) Nothing in this Agreement shall be
construed to allow City any waiver or relief from any of the processes , rules and
regulations that the City must follow in order to comply with ACHD rules ,
regulations or to obtain any future addendums or other approvals ; ( ii) Nothing
herein shall be construed to grant any legal entitlement or vest any right to the City ;
( iii ) Nothing in this Agreement shall be construed to create any monetary liability
against ACHD ; and ( iv) Nothing in this Agreement shall be construed to provide
any claim or benefit to a third party .
Be City of Meridian Assumes Risk. City of Meridian acknowledges that any and all
risk associated with the Nine Mile Creek Flood Resilience Project lies solely with
the City and any other conditions presently known or unknown . City assumes all
risks and acknowledges that it is solely responsible for ensuring that the Nine Mile
Creek Flood Resilience Project is designed , constructed , operated and maintained
in accordance with any and all applicable laws , ordinances , regulations , and
policies .
14 . Assignment. City of Meridian cannot sell , assign or otherwise transfer this
Agreement, the Variance granted by ACHD to City hereunder, or any of its rights
hereunder except with the prior written consent of ACHD , in its sole discretion . In
the event of any assignment approved by ACHD , the assignee shall assume all
obligations , warranties , covenants and agreements of City herein contained .
15 . Successors and Assigns . This Agreement may be assigned upon written consent
of the parties , and such consent shall not be unreasonably withheld . All provisions
of this Agreement shall be binding upon and inure to the benefit of the parties hereto
and their heirs , successors and assigns and shall survive any transfer or assignment
by a party or their heirs , successors or assigns . This Agreement shall remain
effective notwithstanding the expiration , cancellation , termination or completion of
this Agreement as may be necessary for any party to enforce the terms and
provisions of this Agreement .
16 . Facility Location . ACHD reserves the right to designate the location of the Nine
II
Mile Creek Flood Resilience and related facilities to minimize the number of cuts
or openings in the public Right- of- Way for the purposes granted by this Agreement .
17 . Recordation and Term . Upon execution , this Agreement and any subsequent
Addendum shall be recorded by ACHD in the official Real Property Records of
Ada County , Idaho .
18 . No Title in Public Right-of-Way . City of Meridan shall have no right, title or
interest in or to the Right- of- Way other than a temporary right to locate Nine Mile
Creed Flood Resilience Project pursuant to this Agreement .
19. No Costs to ACHD . Any and all costs and expenses associated with any
construction or installation of the Nine Mile Creek Flood Resilience Project in the
Right- of-- Way , or the repair, operation , and maintenance thereof, or the relocation
of Nine Mile Creek Flood Resilience Project, shall be at the sole cost and expense
of the City of Meridian .
20 . Notice.
2001 Any and all notices given by any of the parties hereto shall be in writing and
deemed delivered when either : ( 1 ) delivered personally , or ( ii ) deposited in
the United States Mail , certified , return receipt requested , postage prepaid ;
and , in any case , addressed to the other party at the address set forth in
iling address as may be provided by written
Section 1 , or at such other ma
notice of such change given to the other in the same manner as above
provided .
2002 Any party may change its notice address (es ) by written notice to the other
parties .
2003 Notice shall be effective on the date of the addressee ' s receipt or refusal , as
the case may be .
21 . Dispute Resolution . Except as otherwise specifically provided in or permitted by
this Agreement , all disputes , differences of opinion or controversies arising in
connection with this Agreement shall first be resolved through good faith
negotiation to arrive at an agreeable resolution . If, after negotiating in good faith
for a period of thirty (30 ) calendar days , or any agreed further period , the parties
are unable to resolve the dispute , then the parties may seek resolution by exercising
any rights or remedies available to any party at law or in equity . Notwithstanding
the foregoing , this provision shall not apply to the extent ACHD seeks injunctive
relief to enforce any of its rights or remedies set forth in this Agreement .
22 . Miscellaneous .
22 . 1 Independent Party/Relationship . The relationship between the parties
shall not be that of partners , agents , or joint venturers for one another , and
nothing contained in this Agreement shall be deemed to constitute a
partnership or agency agreement between them for any purposes . The
parties agree that nothing herein contained shall be construed to create a
joint venture , partnership , or other similar relationship which might subject
any party to liability for the debts and/or obligations of the others , except as
otherwise expressly agreed in this Agreement .
2202 Applicable Law . This Agreement shall be interpreted and enforced under
the laws of the State of Idaho without regard to its conflicts of law
provisions ,
22 . 3 Jurisdiction . The state courts of the state of Idaho shall have exclusive
jurisdiction of any suit , dispute , claim , demand , controversy , or cause of
action that the parties may now have or at any time in the future claim to
have based in whole or in part or arising from the negotiations , execution ,
interpretation , or enforcement of this Agreement . The parties submit to the
in personal jurisdiction of the State , to venue in the state courts within the
State , and consent to service of process being affected upon them by
certified mail sent to the addresses set forth in this Agreement
2204 Superseding Effect . With respect to all matters covered by this Agreement,
this Agreement shall supersede previous proposals by the City of Meridian
and previous actions of ACHD staff and the Commission , whether or not
formalized into writing .
2205 Amending Effect. If any provision of this Agreement is unenforceable , it
shall be deemed stricken from this Agreement and shall have no effect on
any other provision . If any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction , the remainder of this
Agreement shall be given effect to the fullest extent reasonably possible .
This. Agreement shall , to the extent of any conflict with any ACHD
conditions of Approval , modify , amend and supplement the same
22 . 6 Binding Effect. This Agreement shall be binding upon and inure to the
benefit of parties and their respective representatives , successors and
assigns .
2207 Drafting . All parties have been represented by counsel and no party shall
be deemed to be the drafter of this document for purposes of interpreting an
ambiguity against the drafter .
2208 No Third -Party Beneficiaries . This Agreement is not intended to create ,
nor shall it in any way be interpreted or construed to create any third -party
beneficiary of this Agreement .
2209 No waiver. No waiver shall be valid unless in writing and signed by the
party against whom enforcement is sought . No waiver of any breach or
obligation shall constitute a waiver of any subsequent breach or obligation .
22 . 10 No liens . City of Meridian shall allow no liens or encumbrances in any
fashion to attach to or encumber the Nine Mile Creek Flood Resilience
Project located within ACHD ' s Right- of- Way to any property , real or
personal , owned by ACHD .
22 . 11 Attorney Fees . In the event of any controversy , claim , suit , proceeding or
action being filed or instituted between the parties to enforce the terms and
conditions of this Agreement, or arising from the breach of any provision
hereof, the prevailing party will be entitled to receive from the other party
all costs , damages and expenses , including reasonable attorneys ' fees ,
including fees on appeal , incurred by the prevailing party . The prevailing
party will be that party who was awarded judgment as a result of trial . In
any suit , action or appeal therefrom to enforce or interpret this Agreement ,
the prevailing party shall be entitled to recover its costs incurred therein ,
including reasonable attorneys ' fees .
22 . 12 Headings . The headings used in this Agreement are used for convenience
only and are not to be considered in construing or interpreting this
Agreement .
22 . 13 Counterparts . This Agreement may be executed in two or more
counterparts , each of which shall be deemed an original , but both of which
together shall constitute one and the same instrument .
22 . 14 Incorporation by Reference . The Recitals , Approvals , Exhibits and all
subsequent Addendums to this Agreement are incorporated by reference
into the body of this Agreement as if such Recitals , Approvals , Exhibits and
Addendums were set forth in their entirety in this Agreement .
22 . 15 Time of the Essence. Time shall be of the essence for all events and
obligations to be performed under this Agreement .
22 . 16 Debt Limitation . Nothing in this Agreement shall be construed to be an
indebtedness or liability in violation of Article VIII , Section 3 of the Idaho
Constitution . If ACHD or City is precluded from committing to make
certain future payments due hereunder, this Section will apply . In the event
that despite the best efforts of ACHD or City , ACHD or City determines
that funds for any amounts under due under this Agreement will not be
available or cannot be obtained during any succeeding fiscal period , ACHD
or City may terminate this Agreement prior to the commencement of such
succeeding fiscal period by giving written notice to the other party of such
determination at least 60 days prior to the first day of such succeeding
period for which an appropriation has not been made by ACHD or City .
22 . 17 Entire Agreement. This Agreement , including all Exhibits referred to
herein , sets forth the entire agreement of the parties with respect to the
subject matter hereof and supersedes all prior understandings and
agreements , all prior or contemporaneous agreements , representations ,
statements , negotiations , and undertakings written or oral .
22 . 18 Amendments . This Agreement and any of the provisions hereof may not
be amended , altered , or added to in any manner except by a written
document signed by an authorized representative of each party .
22 . 19 Authority . The person executing this Agreement on behalf of ACHD
represents and warrants due authorization to do so on behalf of ACHD , and
that upon execution of this Agreement on behalf of ACHD , the same is
binding upon , and shall inure to the benefit of, ACHD . Each person
executing the Agreement on behalf of City of Meridian represents and
warrants due authorization to do so on behalf of the applicable party
comprising the City , and that upon execution of this Agreement on behalf
of City , the same is binding upon , and shall inure to the benefit , of City and
each entity that comprises the City .
Signature page follows .
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed
by their respective duly authorized representatives as of the day and year first above
written. Notary acknowledgments follow this signature page.
ACHD:
ADA COUNTY HIGHWAY DISTRICT,
a body politic and corporate of the State of
Idaho
By:
Its: President
CITY OF MERIDIAN:
CITY OF MERIDIAN, an Idaho municipal
corporation
By:
Robert E. Simison, Mayor 2-3-2026
Its:
Attest:
Chris Johnson, City Clerk 2-3-2026
STATE OF IDAHO )
) ss.
County of Ada )
On this If day oKJkh bLO I' , 2025,before me,the undersigned notary public
for said state,personally appeared , kno n or •dentified
to me(or proven on the basis of satisfactory evidence)to be the
of the County of Ada, State of Idaho, and acknowledged to me that the Ada County
Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand a axed my official 1 the
day and year in this certificate first above written.
�.•°G%••01A*j:%0
. �
'•,�
Q" ,
• t�
_ % Notary Public
Comm:.62051 Residing at / lb
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•% t Comm.Expires U US ,
�•'t•yu....•�•`
STATE OF IDAHO )
) ss.
County of Ada )
On this 3rd day of FebrUary,,2026,before me,a Notary Public,personal ly appeared Robert E. simdgoA and
Chris dub rion, know-of Wcutifiied u5 me 10 be the Mayor and CleA, respectively, of 1hr City V Mud dim,who
executed die instrument or the peon that executed Ihia irstimm of bchalf nr said City, aad acknowledged to me
that such City executed the same.
1 K WITNESS WERE Or-, I have hemunto set my hand and affixed my official seal the&y and year in(his
wrti fiwo f ra Awr wri ttrn.
Notes Pu Elie f�d
Resi 1811
dity at , ldahu
My commission Expires, 28 . ._
EXHIBIT A
Depiction of Nine Mile Creed Flood Resilience Project
[See attached]
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MERIDIAN DEVELOPMENT CORPORATION
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NINE MILE CREEK d'ALEN N �U
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Moscow EN�Q
FLOOD RESILIENCE PROJECT LE ISTON -zLE
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NOVEMBER 2025
PROJECT �2,1 .
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MERIDIAN BOISE '`
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PROJECT LOCATION _ �oz�
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�� ¢ ,�� G-002 GENERAL NOTES
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G-003 GENERAL NOTES
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G-005 UPRR MONITORING PLAN dzLU
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C-002 PLAN & PROFILE - STA 15+00 - 20+00 z rr o
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cl- C-005 PLAN & PROFILE - STA 30+00 - 35+00
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C-007 PLAN & PROFILE - STA 40+00 -45+00 W
D-001 DETAILS U
- D-002 DETAILS W Z
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D 003 DETAILS
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VICINITY MAP �o�`� `��E"SFo �'2� w w
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91 A z
rFaF+04� SHEET NO:
4'q YL. ASN�y G-001
o DATE:
NOV.2025
0
PAGE 95% PLANS 1NOF16
C.
GENERAL NOTES UTILITY AGENCY CONTACTS a
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1. CONTRACTORS WORK SHALL BE STRICTLY LIMITED TO OWNER'S PROPERTY,CONSTRUCTION EASEMENTS AND RIGHT-OF-WAY
AREAS.CONTRACTOR SHALL NOT ENCROACH ON ANY OTHER PROPERTY WITHOUT PRIOR WRITTEN APPROVAL. UTILITY OWNER CONTACT NAME PHONE NUMBERsu
mad
RAILROAD UNION PACIFIC RAILROAD AARON HUNT 503-249-3079 d m3
2. UTILITY LOCATIONS ARE APPROXIMATE AND BASED ON INFORMATION PROVIDED BY THE INDIVIDUAL AGENCIES AND HAVE NOT z =os
WATER&SEWER CITY OF MERIDIAN AL CHRISTY (208)489-0532 °
BEEN VERIFIED.ACTUAL LOCATIONS MAY VARY.THE CONTRACTOR SHALL CALL THE"ONE CALL"CENTER AT 1-800 424-5555 N
FOR UTILITY MARKING 48 HOURS IN ADVANCE OF ANY EXCAVATION,AND SHALL POTHOLE ALL UTILITIES WITHIN THE PROJECT GAS INTERMOUNTAIN GAS BYRCE OSTLER (208)377-6812
EXTENTS PRIOR TO CONSTRUCTION TO VERIFY LOCATION AND ELEVATION.ADVISE ENGINEER OF ANY CONFLICTS IK POWER IDAHO POWER ETHAN MORGAN (208)388-2356 "
IMMEDIATELY.CONTRACTOR SHOULD EXPECT UTILITIES AT EVERY ROAD AND DRIVEWAY CROSSING AND PLAN TO LOCATE, F„Da
RETAIN AND PROTECT. PHONE&INTERNET CENTURY LINK BRETT MCKINNEY (208)954-1640
o LgLm
PHONE&INTERNET SPARKLIGHT TIM ALVERSON (208)472-8433 z ~o"
3. PROVIDE THRUST BLOCKS AT ALL BURIED PIPE FITTINGS AND VALVES WHERE INDICATED. o�
PHONE&INTERNET SYRINGA NETWORKS N/A (800)454-7214 M
4. RETAIN AND PROTECT ALL FEATURES NOT DESIGNATED TO BE MODIFIED OR CONSTRUCTED. PHONE&INTERNET ZAYO SCOTT NEELY (208)514-3453 a
5. ANY DEVIATION FROM THE APPROVED PLANS AND SPECIFICATIONS MUST HAVE THE APPLICABLE AGENCY APPROVAL PRIOR PHONE&INTERNET ACHD GUY BLICKENSTAFF (208)860-6651 N a
�LL
TO CONSTRUCTION. w M
6. ALL CONTRACTORS,SUBCONTRACTORS AND UTILITY CONTRACTORS SHALL ATTEND A PRECONSTRUCTION CONFERENCEw/� w
PRIOR TO CONSTRUCTION. r
7. ALL WORK SHALL BE DONE IN ACCORDANCE WITH THESE PLANS, PROJECT MANUAL AND THE IDAHO STANDARDS FOR PUBLIC v(�J
WORKS CONSTRUCTION MANUAL(ISPWC)2020 EDITION,THE ADA COUNTY HIGHWAY DISTRICT POLICY(ACHD)MANUAL,AND
THE 2017 ACHD SUPPLEMENT TO THE 2017 ISPWC.
8. ALL DESIGN,CONSTRUCTION,AND INSPECTION SHALL BE IN CONFORMANCE WITH THE 2021 INTERNATIONAL BUILDING CODE
(IBC).
as
9. CONTRACTOR SHALL BE RESPONSIBLE FOR STORM WATER AND DEWATERING DISCHARGE MANAGEMENT WHICH INCLUDES
IDEQ GENERAL CONSTRUCTION PERMIT COMPLIANCE.CONTRACTOR SHALL PREPARE A STORM WATER POLLUTION QZQ�
PREVENTION PLAN(SWPPP),SUBMIT AND FILE A"NOTICE OF INTENT"(NOI),AND"NOTICE OF TERMINATION(NOT),AS REQUIRED z—ELL
BY THE IDEQ.ALL STORMWATER SHALL BE RETAINED ON SITE OR TREATED AND DISCHARGED PER AHJ REQUIREMENTS AND
APPROVAL. 0 r
o 10. CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING AN ACHD GENERAL DEWATERING PERMIT PRIOR TO DISCHARGING TO Za
a ANY UNCONTAMINATED SURPLUS WATER INTO THE ACHD STORM DRAIN SYSTEM.CONTRACTOR SHALL PREPARE AND SUBMIT Y a a
3 A COMPETED GENERAL DEWATERING PERMIT APPLICATION AS REQURIED BY ACHD.
o
11. MISCELLANEOUS ITEMS SUCH AS FENCES,SMALL STRUCTURES AND IRRIGATION/DRAINAGE FACILITIES WHICH ARE REQUIRED
TO BE TEMPORARILY RELOCATED SHALL BE REPLACED IN KIND OR REUSED TO AN EQUAL OR BETTER PRE-PROJECT
CONDITION. IF SUCH WORK IS REQUIRED BUT NOT SPECIFICALLY LISTED ON THE BID SCHEDULE, IT SHALL BE CONSIDERED o g
INCIDENTAL TO THE PROJECT. a
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W 12. CONTRACTOR SHALL MAINTAIN THE JOB SITE IN A CLEAN,ORDERLY CONDITION, FREE FROM DEBRIS AND LITTER. w =
Z CONTRACTOR SHALL, IMMEDIATELY ON COMPLETION OF EACH PHASE OF HIS WORK, REMOVE ALL TRASH AND DEBRIS THAT O O 0
a RESULTS FROM THE PERFORMANCE OF HIS WORK. _j F —
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13. CONTRACTOR IS TO PREPARE AS-BUILT DRAWINGS OF HIS WORK INCLUDING THE SURVEYING OF BURIED IMPROVEMENTS. 00 Q
BURIED IMPROVEMENTS INCLUDE BUT ARE NOT LIMITED TO PIPING,VALVES, FITTINGS,AND TURNOUT STRUCTURES.SURVEY Z Of p
SHALL BE PERFORMED BY A PROFESSIONAL SURVEYOR REGISTERED IN THE STATE OF IDAHO.AS BUILTS ARE TO BE KEPT
CURRENT DAILY. go W
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14. ALL IMPROVEMENTS REQUIRING BACKFILL SHALL BE APPROVED BY THE ENGINEER PRIOR TO BACKFILL.
3
15. ALL STAGING AREAS AND ACCESS POINTS MUST BE RESTORED, REGRADED AND RESURFACED TO THEIR ORIGINAL CONDITION.
- ALL EXCESS EXCAVATED MATERIAL SHALL BE PROCESSED AND USED AS STRUCTURAL FILL OR DISPOSED OF AT AN
APPROVED OFFSITE LOCATION. W W
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16. CONTRACTOR SHALL BE RESPONSIBLE FOR STORMWATER AND DEWATERING DISCHARGE MANAGEMENT AS REQUIRED BY (if O
ACHD. IT IS ANTICIPATED THAT THE CONSTRUCTION OF THE PROJECT WILL RESULT IN A TOTAL LAND DISTURBANCE OF U Z
GREATER THAN ONE(1)ACRE.THEREFORE,THE CONTRACTOR SHALL COMPLY WITH THE U.S.ARMY CORPS OF ENGINEERS, W J
a IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY,AND IDAHO DEPARTMENT OF WATER RESOURCES PERMITTING J Q
REQUIREMENTS. NALLu
17. COORDINATE ALL WORK WITH RELATED TRADES. �4k LAG E NgFO �i�k W Z
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91 z
4�,q r�OF IDS SHEET
G-002
LL rt. asNe
o DATE:
NOV.2025
0
95% PLANS PAGE
N OF16
UPPR GENERAL CONSTRUCTION REQUIREMENTS
TYPICAL TRENCH NOTES
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1. ALL WORK WITHIN 25'OF TRACK,OVER TRACK,OR WITH POTENTIAL TO FOUL TRACK REQUIRES UPRR FLAGMAN TO BE ON SITE. m
1. PIPE TRENCHING AND EXCAVATION SHALL MEET THE REQUIREMENTS OF ISPWC DIVISION 300.
2.ALL EQUIPMENT,CONSTRUCTION MATERIALS,AND PERSONNEL SHALL REMAIN OUTSIDE THE MIN.CONSTRUCTION CLEARANCE °3
ENVELOPE,EXCEPT WHEN WITHIN PRE-DETERMINED TRACK CURFEWS. 2. MINIMUM COVER FOR PIPE WITHIN THE UPRR RIGHT OF WAY SHALL BE SEVENTY-TWO INCHES(72")FROM TOP OF PIPE Z r os
TO FINISHED GRADE. 0
3.ALL PERSONNEL MUST CLEAR THE AREA WITHIN 25 FEET OF TRACK CENTERLINE AND SECURE ALL EQUIPMENT WITHIN 50 FEET w 3„
DURING THE APPROACH AND PASSAGE OF A TRAIN. 3. FOUNDATION-IF EXCAVATED TRENCH BOTTOM IS UNSTABLE OR NOT SUITABLE,THE CONTRACTOR SHALL EXCAVATE `
TO A DEPTH REQUIRED BY THE ENGINEER AND BACKFILL WITH PIPE BEDDING.PLACE PIPE BEDDING IN MINIMUM 6-INCH E=�'Q
4.EQUIPMENT SHALL NOT BE SUPPORTED BY THE TRACK BALLAST,SUB-BALLAST,TIES,OR RAILS AT ANY TIME. LIFTS AND COMPACT TO 90%OF MAXIMUM DRY DENSITY.BOTTOM OF THE TRENCH WILL BE FREE OF ROCK AND -
SMOOTHED TO PREVENT BRIDGING. 0 a
5.STORAGE AND STAGING AREAS ARE NOT PERMITTED WITHIN UPRR RIGHT OF WAY, EXCEPT WITHIN PRE-APPROVED ZONES SUCH AS z ~ 2LE
EASEMENTS. 4. PIPE BEDDING-SELECT BACKFILL FOR PIPE BEDDING SHALL BE AT LEAST 4"DEEP AND SHALL MEET THE a
REQUIREMENTS OF THE SPECIFICATIONS. BEDDING MAY BE COMPACTED OR UN-COMPACTED DEPENDING ON THE oM
6. PIPE INSTALLATION PLANS&PROCEDURES,SHORING DESIGN PLANS,AND CONTINGENCY PLANS SHALL BE SUBMITTED TO UPRR RECOMMENDATIONS OF THE PIPE MANUFACTURER. R
PRIOR TO CONSTRUCTION. z 20 LL
5. EMBEDMENT-SELECT BACKFILL FOR EMBEDMENT SHALL BE PLACED AT LEAST 70%OF THE PIPE DIAMETER(O.D.) o
7.TEMPORARY TRACK CROSSING MUST BE APPROVED BY UPRR'S LOCAL OPERATING UNIT AND UPRR MANAGER OF PUBLIC PROJECTS DEEP AND SHALL MEET THE REQUIREMENTS OF THE SPECIFICATIONS. PLACE SELECT BACKFILL IN 6-INCH LIFTS AND M
PRIOR TO START OF CONSTRUCTION. COMPACT ACCORDING TO THE SPECIFICATIONS. w
8.TRACK CROSSINGS AND USE OF UPRR ACCESS ROADS/HAUL ROADS MUST BE COORDINATED WITH UPRR'S LOCAL MANAGER OF 6. INNER CUSHION ZONE-THE CONTRACTOR SHALL BACKFILL THE AREA WITHIN 12"OF THE PIPE WITH EXCAVATED w
TRACK MAINTENANCE(AND YARD MASTER, IF WITHIN YARD LIMITS). NATIVE MATERIAL OR IMPORTED MATERIAL THAT HAS A MAXIMUM PARTICLE SIZE OF SELECT BACKFILL MATERIAL AND
IS FREE FROM ORGANIC ORGANIC MATERIAL.THE BACKFILL SHALL BE WELL DRAINED AND SUITABLE FOR PLACEMENT Y
9.TEMPORARY DRAINAGE STRUCTURES AND/OR BMP'S SHALL NOT DIRECT STORMWATER TOWARD UPRR TRACKS OR ACCESS ROADS. AND COMPACTION. PLACE BACKFILL IN MAXIMUM 6-INCH LIFTS AND COMPACT ACCORDING TO THE SPECIFICATIONS
WITH THE EXCEPTION OF THE AREA DIRECTLY OVER THE TOP OF THE PIPE.THE AREA DIRECTLY OVER THE TOP OF THE =N
10. UNATTENDED EXCAVATIONS WITHIN UPRR RIGHT OF WAY SHALL BE PROPERLY SECURED BY FENCING AND/OR COVERING(S)PER PIPE SHALL NOT BE MECHANICALLY COMPACTED UNTIL THERE IS A MINIMUM OF 12"OF COVER OVER THE PIPE. o
OSHA REQUIREMENTS. n=
7. FINAL BACKFILL-THE CONTRACTOR SHALL BACKFILL THE REMAINING PORTION OF THE TRENCH TO THE LINES AND o a
11. FOR ANY CONSTRUCTION THAT INCLUDES HEAVY EQUIPMENT OR EXCAVATION,ALL UTILITIES WITHIN UPRR RIGHT OF WAY MUST BE GRADES SHOWN WITH EXCAVATED NATIVE MATERIAL OR IMPORTED MATERIAL THAT HAS A MAXIMUM PARTICLE SIZE
IDENTIFIED AND MARKED PRIOR TO START OF CONSTRUCTION.UPRR CALL BEFORE YOU DIG: UP.COM/CBUD OF 3 INCHES AND IS FREE FROM ORGANIC MATERIAL.THE BACKFILL SHALL BE WELL DRAINED AND SUITABLE FOR QZQ�
PLACEMENT AND COMPACTION.
PLACE BACKFILL IN MAXIMUM 6-INCH LIFTS AND COMPACT ACCORDING TO THE SPECIFICATIONS. ��
PRECAST CONCRETE REQUIREMENTS 8. EXISTING SOIL CONDITIONS-NO SUBSURFACE EXPLORATION HAS BEEN DONE ALONG THE ALIGNMENT OF w�Qz
0 1.THE PRECAST MANUFACTURER SHALL BE RESPONSIBLE FOR THE DESIGN AND DETAILING OF THE PRECAST SYSTEM. THE PROPOSED PIPELINE.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ASSESSING EXISTING SOIL, CL_0 Za
a AND GROUND WATER CONDITIONS BEFORE TRENCH EXCAVATION. Q 0 Q a
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ENGINEER LICENSED IN THE STATE OF THIS PROJECT. 9. PER OSHA REQUIREMENTS, USE COMBINATION OF SLOPING THE SIDES OF EXCAVATION AT
EXCAVATION DEPTHS LESS THAN 5'AND TRENCH BOX PROETECTION SYSTEM TO SHORE VERTICAL
2. SHOP DRAWINGS SHALL BE SUBMITTED FOR ALL PRECAST ELEMENTS AND SHALL BE PREPARED AND STAMPED BY A PROFESSIONAL
3. STRUCTURAL CALCULATIONS FOR THE PRECAST ELEMENTS SHALL BE SUBMITTED WITH SHOP DRAWINGS FOR REVIEW. WALLS BELOW 5 EXCAVATION DEPTHS. EXCAVATION DEPTHS SHALL NOT EXCEED 201.
4. THE PRECAST MANUFACTURER SHALL DESIGN AND FABRICATE ALL PRECAST MEMBERS IN ACCORDANCE WITH THE LATEST PCI
10. A TRENCH BOX SHALL BE USED FOR ALL PIPE EXCAVATION FOR INSTALLATION OF PIPE WITHIN THE a
DESIGN HANDBOOK AND APPLICABLE GOVERNING CODE REQUIREMENTS. UPRR RIGHT OF WAY. a z�
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1 5. USE NPC BIDCO C-56 PREFORMED BUTYL MASTIC JOINT SEALANT,OR APPROVED EQUIVALENT AT EACH MANHOLE OR VAULT JOINT. 11. STREET CUTS REPAIR SHALL CONFORM TO ACHD SUPPLEMENTAL STANDARD DRAWINGS SD-303 STREET CUT AND 2 Z Q
Z SURFACE REPAIR DETAILS. O O 0
Z 6. USE NPC BIDCO BW-12T EXTERNAL JOINT WRAP,OR APPROVED EQUIVALENT,AT EACH MANHOLE OR VAULT JOINT BELOW GROUND. j < Z
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POINT# ELEVATION NORTHING EASTING DESCRIPTION o+l
100 2612.21 708474.34 2455446.94 S581P FA CAP M
115
0 101 2605.59 707795.38 2455098.80 GCP 101 SPIKE 114 112 105 + 104 a
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102 2605.96 707770.13 2455098.64 F581P LS5291 ACHD ! a zo
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103 2606.01 707769.93 2455123.70 GCP 103 SPIKE z Q
00 0
104 2605.18 707605.74 2455110.08 CP 104 SPIKE M w Q
105 2605.28 707605.59 2455078.37 CP 105 SPIKE o 0 0 Q
107 0 106 Z Of 0
106 2606.01 707443.41 2455127.20 CP 106 SPIKE o W
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107 2605.72 707439.80 2455058.88 CP 107 SPIKE + LU
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108 2607.38 707115.38 2455132.15 CP108 SPIKE N� C
I 0 100 200
109 2606.71 707119.15 2455068.07 CP 109 SPIKE o 06
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110 2608.34 706732.35 2455145.11 CP 110 SPIKE CN- SCALE IN FEET W Q
CD
111 2608.93 706951.55 2455011.62 CP 111 SPIKEID
109 a C 108 U Q
112 2605.29 707772.95 2454982.31 CP 112 SPIKE i W Q Q
E 113 2602.93 707801.58 2454761.31 CP 113 SPIKE
S�oNat
114 2603.22 707756.32 2454759.77 CP114SPIKE E FRANKLIN RD ��k�S\CENs�N�S� W w ~
115 2602.78 707777.85 2454332.53 CP 115 SPIKE 111 rn 4 Z_
116 2602.35 708038.29 2454333.81 CP 116 SPIKE k-007 9 '� I Z U)
117 2602.32 708063.47 2454160.78 CP 117 SPIKE
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118 2603.09 708003.27 2454158.20 CP 118 SPIKE 110 4',q r�0 IDA y sHFFT No:
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ASh� DATE:
NOV.2025
95% PLANS PAG4 NO:
16
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PAGE 95% PLANS 5 NO:
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MONITORING PLAN NOTES MONITORING POINTS MONITORING POINTS MONITORING POINTS
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POINT # NORTHING EASTING POINT # NORTHING EASTING POINT # NORTHING EASTING o tLL
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1. THE CONTRACTOR SHALL ESTABLISH A BENCHMARK IN THE VICINITY OF THE 75
1 708461.38 2453828.86 26 708432.55 2453838.05 56 708419.37 2453807.66 °2'.
CONSTRUCTION.
2 708461.44 2453838.85 27 708432.41 2453848.05 57 708419.09 2453817.90 0
2. MONITORING SHALL BE CONTINUOUS AND RECORDED DAILY IN A FIELD LOG BOOK o tgL�
DEDICATED FOR THIS PURPOSE.COPIES OF THESE FIELD LOG ENTRIES SHALL BE MADE 3 708461.29 2453848.02 28 708431.99 2453858.10 58 708418.80 2453827.63 Z ~�
AVAILABLE TO ALL CONCERNED PARTIES UPON REQUEST AT ANY TIME DURING
CONSTRUCTION. 4 708450.62 2453828.50 29 708431.83 2453868.17 59 708418.47 2453837.75 �m
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3. MONITORING SHALL CONTINUE,AFTER INSTALLATION IS COMPLETE FOR 30 DAYS. 5 708450.43 2453838.50 30 708431.74 2453878.15 60 708418.30 2453847.54 N X
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4. MONITORING TARGETS SHOULD BE PLACED SUCH THAT MONITORING IS POSSIBLE WHEN A 6 708450.26 2453848.02 31 708431.53 2453888.08 61 708418.02 2453857.77 w
TRAIN IS PRESENT. HOWEVER, MONITORING DURING THE PASSING OF A TRAIN IS NOT 7 708440.78 2453828.13 32 708428.95 2453787.86 62 708417.68 2453867.84
REQUIRED AS THE TRAIN WILL TEMPORARILY DEFLECT THE TRACK.
8 708440.57 2453838.28 33 708428.68 2453797.85 63 708417.62 2453877.23
5. ADHESIVE BACKED REFLECTIVE TARGETS MAY BE ATTACHED TO THE SIDE OF THE RAIL
TEMPORARILY.TARGETS SHOULD BE REMOVED ONCE MONITORING PHASE IS COMPLETE. 9 708440.41 2453848.02 34 708428.50 2453807.88 64 708417.35 2453887.62 �J J
6. IF THE TOP OF RAIL DOES DEFLECT MORE THAN 1/4 INCH, EITHER VERTICAL OR HORIZONTAL, 10 708435.82 2453788.00 35 708428.23 2453817.90 65 708414.93 2453787.36 a
ALL OPERATIONS SHALL STOP UNTIL THE MATTER IS RESOLVED.
11 708435.51 2453798.16 36 708427.87 2453827.97 66 708414.81 2453797.40 0
7. THE CONTRACTOR SHALL SUPPLY CONTINGENCY PLAN(S)THAT SHALL BE IMPLEMENTED IF 12 708435.34 2453807.98 37 708427.76 2453837.88 67 708414.53 2453807.49 ^ a
THRESHOLD OR SHUTDOWN VALUES LISTED BELOW ARE REACHED.THESE PLANS SHALL
APPLY FOR ALL CONSTRUCTION ACTIVITIES WHICH MAY RESULT IN HORIZONTAL AND/OR 13 708435.10 2453818.07 38 708427.59 2453847.78 68 708414.31 2453817.73
VERTICAL TRACK DEFLECTION.CONTINGENCY PLAN(S)SHALL FOLLOW GUIDANCE PROVIDED 7ZQ
IN SECTION D.OF THE UNION PACIFIC RAILROAD GUIDELINES FOR TRACK&GROUND 13 708435.10 2453818.07 39 708427.12 2453857.96 69 708413.97 2453827.57 LJL-�
MONITORING J
TRACK MONITORING VALUES:
14 708434.66 2453828.10 40 708426.96 2453867.98 70 708413.63 2453837.53 W
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• THRESHOLD VALUE= 1/8 INCH PERMANENT VERTICAL OR HORIZONTAL DEFLECTION 15 708434.31 2453838.00 41 708426.85 2453877.84 71 708413.46 2453847.43
• SHUTDOWN VALUE= 1/4 INCH PERMANENT VERTICAL OR HORIZONTAL DEFLECTION
16 708434.30 2453848.17 42 708426.52 2453887.75 72 708413.30 2453857.61 Y
8. GUARDRAILS SHALL BE PROVIDED TO SURROUND UNATTENDED EXCAVATIONS ON RAILROAD
o RIGHT-OF-WAY PER OSHA STANDARD NUMBER 1926.502 16 708434.30 2453848.17 43 708424.43 2453787.75 73 708412.96 2453867.67 <1 �l
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9. MONITORING TARGETS SHALL NOT INTERFERE WITH THE WHEELS OF A TRAIN. IF USING 17 708433.93 2453858.13 44 708424.15 2453797.65 74 708412.79 2453877.18
PRISM CLIPS,THE CLIPS SHOULD NOT BE ATTACHED TO THE INSIDE OF FACE OF THE RAILS, d a
ONLY THE OUTSIDE.ADHESIVE, FLAT TARGETS CAN BE PLACED ON EITHER SIDE OF THE 18 708433.72 2453868.16 45 708423.86 2453807.77 75 708412.53 2453887.48
F-
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LL
PAGE 95% PLANS 8 NO,
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LL 95% PLANS PAGE 9 NO,
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2 Tf0FId4� SHEET NO:
PROFILE �q YL. ASM�y DAC-007
NOV.2025
95% PLANS PAGE
3NOF 16
Q m�c
44.5 FT. 14.25 FT. 85.75 FT. NOTES
SEE NOTE 1 SEE NOTE 1 '
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72"X 60"IRRIG. 1. CASING TO EXTEND ENTIRE WIDTH OF UPRR RIGHT OF WAY OR TO TIE-IN OF dad
BOX IN UPRR ROW s3
PROPOSED PARALLEL ENCROACHMENT. d
�s
z s os
2. MARKER TO INDICATE LOCATION OF PIPE LINE AT RIGHT-OF-WAY LINE. IN ADDITION, w � .3=
MARKER MARKERS SHALL BE INSTALLED AT MINIMUM 500-FT INTERVALS ALONG PIPE LINE
(SEE NOTE 2) ENCROACHMENTS AND AT LOCATIONS OF MAJOR CHANGE OF DIRECTION. =a°°
/ DRAINAGE--——————-- 3. ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM CENTER LINE
— \ / DITCH OF TRACK LE
\ GROUND
SURFAC 4. MINIMUM 5'-6"VERTICAL BURIAL DEPTH BELOW BASE OF RAIL TO TOP OF CASING AND m
———— —— AT LEAST 3'OF DEPTH BELOW BOTTOM OF ANY DRAINAGE DITCH PARALLEL TO
TRACKS AND TOP OF CASING. N a
21 LL
N RIGHT-OF-WAY LINE`-y 5.WARNING TAPE SHALL BE INSTALLED 1'BELOW NATURAL GRADE, BURIED DIRECTLY
ABOVE THE CENTERLINE OF ALL LENGTHS OF ENCROACHMENT PIPE WITHIN UPRR w
ROW(PARALLEL TO TRACKS).
� 6.SEE UPRR GENERAL CONSTRUCTION REQUIREMENTS ON G-002 w
PIPE SIZE AS 60"STEEL CASING PIPE 0.844"
SHOWN ON WALL THICKNESS AND MIN. 7.ONCE LEADING FACE OF BORE ENTERS UPRR SHORING ZONE A,THE INSTALLATION
LONGITUDINAL PLANS YIELD STRENGTH 35 KSI I MUST BE PROGRESSED CONTINUOUSLY(24 HOURS PER DAY/7 DAYS PER WEEK) O
I UNTIL THE BORE IS COMPLETE.
ENCROACHMENT
o
PIPE
8. MINIMUM 3 SPACERS FOR 13'-0"PIPE SPOOL AND 4 SPACERS FOR 20'-0"PIPE SPOOL. �a
INVERT ELEVATION:2588.92 Q=om
INVERT ELEVATION:2588.39 LINK SEAL I ��
U-1 Oz
RAILROAD BORING AND CASING DETAIL n �Oza
Z SCALE:N.T.S.
Y Q Q
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w 6 F
Q a �
o CASING SPACERS GRADE A CASING TABLE
STEEL CASING'
PIPE SIZE CASING O.D. THICKNESS l o
a
a
6" 48" 0.688"
CARRIER PIPE I+ z
8" 50" 0.719" w O
10" 52" 0.750" z Q
MATCH VARIES 8.5' VARIES MATCH O O 0
12" 54" 0.781" J —
LUBRICATE BOTTOM OF CASING WITH FILL ANNULAR SPACE EXISTING EXISTING w Q
GRAPHITE GREASE OR EQUAL LUBRICANT WITH SAND 16" 56"/58" 0.812" _ o p Q
° 18" 60" 0.844" CL ,T I� Z o
20" 62" 0.875" I III _ I / I—I I I— 2 0 w
24" 64" 0.906" .I I I I I 4 oil
2H 1 I I I I I I I I u
1.5' 5'MAX 2'MAX STEEL CASING*
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_ CARRIER PIPE EXISTING I � I I Itl I I I III III W
CHANNEL I—III,, I I I III W
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CHANNEL I U
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40
TYP. EACH END BYSCALE Q� % z
PSI, INC.,MODEL C 1'MAX. CASING SPACERS FROM STA 26+08.28 TO 26+78.17 —
PULL-ON WITH SST FROM STA 27+20.20 TO 28+54.70 91 z
BANDS 5'MAX. , BY PSI, INC.
N PAINTED STEEL 8"WIDE BAND WITH
STEEL RISERS AND 2"WIDE REINFORCED
SECTION PLASTIC RUNNERS,SIZED TO FIT CASING r�0 IDA —SHEET NO:
2 A PIPE ID,CENTER/RESTRAINED 'q `�
- SCALE:N.T.S. Y � D-001
o POSITIONING L' ASH DATE:
o
SCALE:N.T.S. NOV.2025
LL 95% PLANS PAGE NO:
OF 16
F �g-°
1/2"x 2 1/4"FLAT BAR RETAIN AND PROTECT °
EXISTING HEADWALL
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120 BARS-1/2"x 2"FLAT BARS @o
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0 48"STORM DRAIN Z r os
PLACE RIPRAP FLUSH WITH OUTLET PIPE o ALL_
EXISTING CREEK BED
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SECTION
w�
SCALE:N.T.S.
4A _/ m
� - RIPRAP BOTTOM OF CHANNEL
AS SHOWN AND BANKS TO
WELD ALL CORNERS TOP OF BANK ELEVATION OF TOP OF PIPE w
ALL AROUND
r� 20' •I 1:1 APPROXIMATE GRADE RETAIN AND PROTECT
PLAN VIEW BREAK,TYP EXISTING HEADWALL ( ) 0
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BOTTOM OF BANK w a
5/8"x 3"ANCHOR BOLTS,
4 TYP,WELD ALL AROUND
SECTION FRAME
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SCALE:N.T.S.
6:1 v 3:1 MAX
NINE MILE CREEK > o � oa
NOTE: ALL MATERIALS MILD STEEL HOT DIP GALV AFTER FABRICATION A
WELDED FRAME AND GRATE r, BOTTOM OF BANK a Y 0
a SCALE:N.T.S.
0 20' 36 PROPOSED z
a STORM DRAIN 48"STORM o 2
TOP OF BANK w '
1:1 APPROXIMATE DRAIN PIPE a
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6 GRATE
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3 1 A 1. MIN%6"DIA. BOLTS EMBEDDED IN CONCRETE Y
"MIN. 12 . PROVIDE FLANGE OVER AXLE AND W
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° ATTACHED TO EMBEDDED BOTLS.
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1. CONSTRUCTY2"MIN.CHAMFER ON ALL J
1 11' EXPOSED VERTICAL EDGES. J Q
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8"DIAMETER 36 HORIZONTAL EDGES. VS QN �/fi
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HOLES OR OTHER HOLES OR CAVITIES TO
' PROVIDE DURABLE SURFACE WHERE IT IS Q z
` EXPECTED TO BE EXPOSED TO VIEW OR 91 z
WEATHER. �
<c 6'
SECTION 1. 6" 6"THICK CONSTRUCTION SHALL INCLUDE
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INN 002
1'DE SCALE:N.T.S.STRUCTURE CENTERS EACH WAY. "q k ACJn�y
PRETGAST INLET STRUCTURE r i DATE:
NOV.SCALELL 95% PLANS PAGE5NOF 16
G p5
p -ti6
-
¢ No
OUTSIDE BOX DIMENSION
PIPE O.D.+2-FT MIN. a
36"OUTLET WITH dm3
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CANAL GATE N
IRRIGATION BOX LID � d
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2 z � 6„ 0
o � �
X o EPDXY EYEBOLT EMBEDDED
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SECTION STRUCTURE SIpNAC
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1'DEPTH UNDER A z
SCALE: N.T.S. STRUCTURE
91
8"DRAIN HOLE
SECTION
NSCALE:N.T.S. 9_A �4 TFQ�`�p.�O SHEET NO:
CAST-IN-PLACE WATER CONTROL STRUCTURE �l �L As s1 -003
0 9 DATE:
SCALE: N.T.S. Nov.2025
LL
PAGE 95% PLANS 16NOF 16