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ACHD Cost Share Permit Non-Transportation Improvements - Eagle Rd. Victory Rd. to Amity Widening C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Community Development, Parks & Meeting Date: October 27th, 2020 Recreation, &Public Works Presenter: Brian McClure, Mike Barton, &Al Christy Estimated Time: N/A Topic: Cost Share with ACHD For Eagle Road,Victory to Amity, Non-Transportation Improvements Recommended Council Action: Approve cost share permit for non-transportation improvements associated with ACHD's Eagle Road,Victory to Amity widening project. Non-transportation improvements include agreement for the City to install landscape improvements within roundabout islands, to reimburse ACHD for PVC sleeves to roundabouts for infrastructure, and to reimburse ACHD for fiber optic conduit. Background: The associated cost share with ACHD covers several different elements all of which are considered by ACHD to be "non-transportation improvements". For these types of improvements,ACHD requires a cost share or interagency agreement. Fiber Conduit: ACHD is providing conduit for future City of Meridian fiber optic lines within this corridor, as part of the City's private fiberoptic network. The cost share is for conduit only. Trying to run fiberoptic in the future without conduit would be cost prohibitive. Typically, fiber conduit is run through a Public Works interagency agreement, but for this project was run as part of the cost share. The estimated cost of this conduit is $54,352, and will be run through Information Technology. PVC and Landscaping City Council has previously expressed an interest in aesthetic landscaping improvements within roundabout islands. Roundabouts associated with this project will be located at Zaldia and Eagle, and at Amity and Eagle (the existing roundabout here is being reconstructed and widened). To facilitate these improvements in the future, City staff requested PVC sleeves so that water and electrical could be run to the islands with the project. Understanding the City intended to improve the landscaping in the future,ACHD requested that the City pay for the interim treatment until permanent landscaping can be installed. Installing these sleeves with the project is much cheaper than trying to retrofit these utilities later without them. Staff estimates at least 160' of 4" PVC sleeving material will be placed under the road.While the true cost of is the sleeves is unknown because the project hasn't been awarded,the City will need a budget of$9,500 to properly prepare for any award amount. Item#15. While this cost share permit does not include any landscaping work,which is being left up to the City,this cost share would oblige the City,within a defined period,to provide landscaping improvements at these roundabouts.A subsequent budget amendment, likely for an interim treatment of bark will be necessary.ACHD expects that the roundabout will have an interim improvement by November 30, 2021, and a permanent improvement no later than June 30, 2022. If the City is able to complete a prototype landscape design (previously approved by Council), a permanent treatment could be completed instead. ACHD is not willing to accept bare earth as part of a completed transportation project, and is not willing to install rock (their typical treatment), understanding that the City may improve the landscaping in the future. An interim treatment of bark,to cover approximately 3,600 square feet of area in each roundabout, is estimated to need 25 cubic yards of bark. While the true cost is unknown at this time, staff estimates a budget of$6,250 to properly prepare for installation. Permanent improvements will depend on level of effort and final design; City Council feedback on design concepts will be solicited at a future meeting. Parks and Recreation Department staff will discuss a budget amendment for interim and/or permanent improvements at a future meeting. If this cost share is approved a budget amendment will be required, plus the cost for perpetual maintenance of these items. Page 215 ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT ,--V 24 3775 Adams Street ACHD Contact Person: i; ' Garden City Idaho 83714 Name: Ryan Cutler 409 Phone(208) 387-6280 3775 Adams Street ACHD Facsimile(208) 387-6289 Garden City Idaho 83714 igggilew Phone: (20$) 387-6.202 Date of Permit: 11-4-2020 ACHD Project No.: 320036 Permit No.: 040 2020 and 518040 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No. 215. 1. PARTNERING AGENCY INFORMATION This permit is granted to: City of Meridian Partnering Agency Contact Person: 33 E. Broadway Ave. Brian McClure Meridian, Idaho 83642 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 884-5533 Ext: 1579 Email; bmcclure(iq�meridiancity.ornow- 11. ROAD PROJECT AND APPROVED NON-TRANSPORTATION COMPONENTS Name/Location of ACHD Road Project: Eagle Road and Amity Road Roundabout, ACHD Project #320036, and Eagle Road, Amity Road to Victory Road, ACHD Project #518040, as depicted in the project plans attached hereto and incorporated herein as Exhibit A. Approved Non-Transportation Components: Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires, the following Non-Transportation Components: 1 Design, Construction and Pe etual Maintenance of Permanent Landsegging in the Central Islands as depicted on Exhibit A. ACHD authorizes and requires the design, construction, and perpetual maintenance of permanent landscaping and associated irrigation improvements the"Permanent Landscaping") within the central island at the intersection of Amity Road and 1 Item#15. Eagle Road and within the central island at the intersection of Zaldia Drive/Street and Eagle Road, as depicted on Exhibit A. Partnering Agency may elect to install bark or similar interim treatment (the "Interim Treatment") within the central islands prior to installation of the Permanent Landscaping, provided that the Permanent Landscaping is completed as required in Section V below. 2 Design, Construction and Perpetual Maintenance of PVC Sleeves as de icted on Exhibit A. ACHD authorizes and requires the design, construction, and perpetual maintenance of 2 4-inch PVC sleeves and an associated meter (the "PVC Sleeves") from water and electrical service locations to the central island at the intersection of Amity Road and Eagle Road and to the central island at the intersection of Zaldia Drive/Street and Eagle Road, as depicted on Exhibit A. 3 Design, Construction, and Perpetual Maintenance of Fiber Optic Conduit, as depicted on Exhibit A. ACHD authorizes and requires the design, construction, and perpetual maintenance of 2-inch fiber optic conduit and associated junction boxes (the "Conduit"), as depicted on Exhibit A. The Conduit shall be for the sole use of Partnering Agency. In accordance with Ordinance 215, the foregoing Permanent Landscaping, Interim Treatment, PVC Sleeves, and Conduit are referred to herein as the"Non-Transportation Components." III. ACQUISITION OF RIGHT-OF-WAY OR REAL PROPERTY Conditions of acquisition/contribution of right-of-way or real property by Partnering Agency and/or reimbursement to ACHD by Partnering Agency for said acquisition; ACHD has already acquired or is in the process of acquiring right-of-way or real property adequate for the Non-Transportation Components. Therefore, the acquisition of right-of-way or real property is not required of Partnering Agency. IV. DESIGN OF NON-TRANSPORTATION COMPONENTS Party responsible for obtaining plans/design for Non-Transportation Components: Partnering Agency shall be responsible for obtaining approval of the plans/designs for the Permanent Landscaping; within the central island. No design is required for the Interim Treatment, PVC Sleeves, or Conduit. If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: Partnering Agency shall submit the plans/designs of the Permanent Landscaping; to ACHD's Traffic Department for approval. Partnering Agency may not begin installation until ACHD's Traffic Department has approved the plans/designs, 2 Page 217 Item#15. 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); (h) the American Association of State Highway and Transportation Qfiicials ("AASHTQ"); (iii) the Cost-Share Ordinance No. 215; (Nv) all adopted ACHD rules, regulations, and policies; and (v) all state and federal laws. No designs shall be considered final until they are approved in writing by ACHD. Any modifications to the deadlines set forth above must be approved in writing by ACHD. By approving.such designs/plans, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Non-Transportation Components to the extent such Non-Transportation Components were not designed or constructed by ACHD, Allocation of design costs for Non-Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all design costs for the Non-Transportation Components, if any. Partnering Agency shall not be credited under this Permit for costs incurred for the design of the Non-Transportation Components. V. CONSTRUCTION OF NON-TRANSPORTATION COMPONENTS Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit,) ACHD shall construct the PVC Sleeves and Conduit. If Partnering Agency is responsible for all or a part of the construction of the Non- Transportation Components; a. Date for submitting Partnering Agency's contractors and engineers to ACHD for approval: Not applicable due to the nature of the construction. b. Date for submitting Partnering Agency's contractors' and engineers' estimates to ACHD for approval: Not applicable due to the nature of the construction. c. Date for submitting Partnering Agency's contractors' and engineers' contracts to ACHD for approval: Not applicable due to the nature of the construction. Any modifications to the deadlines set forth above must be approved in writing by ACHD. Allocation of construction costs for Non-Transportation Components, reconstruction costs of Transportation Components necessitated by the incorporation of Non-Transportation Components into the Road Project, ACHD construction, maintenance, administration, and overrun costs (including, if applicable, any credits provided to Partnering Agency and 3 Page 218 Item#15. application of any federal funding), and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all construction costs of the Non- Transportation Components. Partnering Agency shall receive no credits in connection with the construction of the Non-Transportation Components. Partnering Agency shall reimburse ACHD for the actual cost of all materials used, the cost of the relocation of any utilities necessitated by the Non,-Transportation Components, and any other costs associated with the construction and installation of the Non-Transportation Components. Payment by Partnering Agency shall be made to ACHD within 30 days following submission of an invoice by ACHD to Partnering Agency identifying such charges. Relocation of utilities to be completed by Partnering Agency (if any): Partnering Agency shall be solely responsible for the cost of relocating any utilities required in connection with the placement, incorporation, or construction of the Non-Transportation Components. Storm water provisions (if applicable): The Permanent Landscaping within the central islands shall be designed so as to prevent storm water from accumulating and ponding therein. Additional conditions: Upon a determination by ACHD that the incorporation into the Road Project of Partnering Agency's Non-Transportation Components will have an adverse effect oil stores 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 Fall 2021. The deadline for Partnering Agency's completion of the Non-Transportation Components is November 30, 2021, provided that Permanent Landscaping may be completed no later than June 30, 2022 if Interim Treatment is installed by November 30, 2021. V1. MAINTENANCE OF NON-'I'RANSI'OR'I'A'l'ION COMPONI+ N'I'S Maintenance requirements of Non-Transportation Components by Partnering Agency: Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to maintain, repair, and replace the Non-Transportation Components, subject to the provisions of this Permit and during the term of this Permit. This includes the perpetual maintenance, repair, and replacement of the Permanent Landscaping within the central islands. 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 4 Page 219 Item#15. applicable law, the approved designs/plans, Partnering Agency's landscape and irrigation standards and specifications, and industry standards. This obligation includes, without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of litter and debris, weed removal, and application for shrubs, trees, and groundcover, as applicable. Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans, and specifications approved in advance and in writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies, and good engineering and landscaping practices. Additional conditions: 1, This Permit does not extend to Partnering Agency the right to use any part of the ACHD Road Project area to the exclusion ofACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. In accessing any part of the Road Project that has been accepted as an open public highway (as the term "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and subordinate to the rights of'holders of easements of records and the statutory rights of utilities to use the right-of-way. 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-of- way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Non-Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from asserting any claim, including darnages or reimbursement, that the license is in any way irrevocable because Partnering Agency has expended fiends 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 front 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 (i) ACHD may refuse to issue any .further Cost Share Permits or any other permits for fidure 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 5 Page 220 Item#15. shall reimburse ACHD fully for all associated costs. V[1. TERM Term of Permit: Perpetual,until terminated or revoked pursuant to the provisions of this Permit. Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non-Transportation Components and restore the underlying area to at least the condition present as of the date of this Permit, repairing and restoring all portions of ACHD's right-of-way, personal property, and real property, if any, that are damaged during such removal activities; or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-way or real property underlying the Non-Transportation Components. Any portion of the Non-Transportation Components that remain in ACHD right-of-way or on ACHD real property 90 days after the tennination or revocation of this Permit shall be deemed abandoned, and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of-way or real property underlying them and charge all costs to Partnering Agency. VIII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT Additional provisions: This Permit provides the terms upon which the incorporation of the Non-Transportation Components into the Road Project are approved. [X. GENERAL CONDITIONS OF PERMIT 1. This Permit is issued conditioned upon Partnering Agency's compliance with ACHD's Cost Share Ordinance No. 215 and all certifications made by Partnering Agency pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and ACHD's Cost Share Ordinance No, 215, in effect as of the date of issuance of this Permit (the "Applicable Law"). In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of Partnering Agency or of ACHD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this permit. 3, If any portion of the ACHD Road Project (including without limitation any portion of the right- 6 Page 221 Item#15. of-way) is damaged as a result of Partnering Agency's action or inaction with regard to the construction, operation, and/or maintenance of the Non-Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non.-Transportation Components, then Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse 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 resulting from Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply with any provision of this Permit, then following any applicable notice and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non- Transportation Components and/or the right-of--way or real property underlying the Non- Transportation Components, and in such event, Partnering Agency shall reimburse ACHD for all associated costs. The obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. S. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, Partnering Agency shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. In addition, Partnering Agency fully assumes all legal risks of determining whether any such delegation is proper under applicable law and/or regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to complete or maintain any such delegation for any reason. 5. Partnering Agency will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Partnering Agency, its agents, or contractors related to or in connection with the Non-Transportation Components and the exercise of any privileges or performance of any obligations by Partnering Agency pursuant to the terms of this Permit. Partnering Agency's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7. In the event the Non-Transportation Components will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, 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 ada tation of any of the Non-Transportation 7 Page 222 Item#15. Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Non-Transportation Components. if ACHD ultimately determines that any part of the Road Project must be relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non- Transportation Components, as required by ACHD, which shall be accomplished by Partnering Agency according to designs,plans,and specifications approved by ACHD in writing prior to any such work. Partnering Agency may also elect to remove all or a part of the Non-Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes any and all costs of itself and 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 Cost Share Permit granted to Partnering Agency to access any Highway, Public Right-of-Way or real property. In addition, ACHD rnay immediately perform any and all emergency repairs or take other measures in connection with an emergency, in which case 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 Partnering Agency upon the occurrence of any of the following, (i) a determination by ACHD that any of the information submitted by Partnering Agency in the Cost Share Application is false or inaccurate in any manner; (ii) a determination by ACHD that Partnering Agency has failed to comply with any term or provision of this Permit or any other permit granted by ACHD to Partnering Agency; or (iii) a determination by ACHD that Partnering Agency has failed to replace,maintain,and/or Care for the Non-Transportation Components as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide Partnering Agency with 30 days' notice of the issue and an opportunity to comply prior to exercising such rights. 11. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with additional permits or rights, nor shall ACHD be obligated to utilize provisions or rights set forth in this Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency in the future. 12. All exhibits and any addenda to this Pen-nit are incorporated herein. 13. This Permit is conditioned upon the signature of ACHY?and Partnering Agency below. Page 223 A 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 D to the terms set forth herein. ruce ong Its: Director City of Meridian: Acceptance/certification by Partnering Agency: The person signing below represents that he or she has the authority on behalf of Partnering Agency to accept and agree to the terms of this Permit and/Ibnd Partnering Agency to the terms set forth herein. � z By: Robert E. Simison Its: Mayor 4 Exhibits Exhibit A Project Plans 9 q.gyf.F..P. I,-i'vil.,fi j:.."I..I. qcO :aN-1— Item#15. /4B6 •" NOL'.1K 4-0 P 1.4 Fe A.M..g oven'.IW 'w---a OZ✓!h'.wo Oft S.re ARM �r m d d 105 � =G Or-, 19 E LL C �� O �g.ggRRW A s — •� F�Fd�O'0'_��yNy WLj d ! Z y OF ■� r N 7 N N N Pi APig f 1J � R 1; z d 17-- r v 0 O :.lT � 0 ENO _ ^ EZ2 j a i to avo 3 1 s AVM 3PDV1NOW W n- 8. 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