Cost Share - 2024 - ACHD Eagle & State Cost Share Permit - 2/20/2024ADA COUNTY HIGHWAY DISTRICT
COST SHARE PERMIT
3775 Adams Street
Garden City, Idaho 83714
Phone (208) 387-6280
Facsimile (208) 387-6289
ACHD
Date of Permit:
Capitalized terms that are not defined in this Permit shall have the meanings t en to them in the
ACHD Cost Share Ordinance No. 215.
ACHD Contact Person:
Supervisor — Dyan
Bevins
Project Management
Name: Cody Homan
3775 Adams Street
Garden City Idaho
83714
Phone: (208) 484-3146
ACHD Project No.:
320022
Permit No.: 49
I. PERMITTEE INFORMATION
This permit is granted to:
City of Eagle
Partnering Agency Contact
Person:
Nicole Baird Spencer, MRCP,
AICP
Director of Long -Range
Planning & Projects
Phone: 208-501-3968
Email: nbaird@acityofeagle.org
II. ROAD PROJECT AND APPROVED NON -TRANSPORTATION COMPONENTS
Name/Location of ACHD Road Project:
Eagle Road and State Street
ACHD Project 320022 as depicted in the project plans attached hereto and incorporated herein as Exhibit
A.
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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 Perpetual Maintenance of the following:
• Concrete pavers for crosswalk and sidewalk buffer:
• Trees, grates and tree cells incorporated with the Silva Cell systems;
• Historic street lights, benches, trash receptacles. bike racks. and planter pots;
• Conduit, electrical lines. and irrigation lines;
• Stormwater swale, landscaping, and associated irrigation system near the northeast corner of
the SH44 and Eagle Road intersection;
• Stormwater bioretention facility and associated landscaping; and
• Conduit for future communications fiber.
All of the aforementioned is depicted in Exhibit A as attached and incorporated herein,.
ACHD authorizes and requires the design, construction, and perpetual maintenance of the concrete paver
crosswalks and concrete paver sidewalk buffer, trees, grates, and tree cells incorporated with the Silva Cell
systems; the historic street lights, benches, trash receptables, bike racks and planter pots, electric conduit,
electric and irrigation lines, stormwater swale and associated landscaping and irrigation system near the
northwest corner of SH 44 and Eagle Road intersection, stormwater bioretention facility and associated
landscaping and conduit for future communications fiber associated with this Project.
In accordance with Ordinance 215, the foregoing concrete paver crosswalk and sidewalk buffer; trees,
grates, tree cells, historic street lights, benches, trash receptacles, bike racks, planter pots; conduit,
electrical and irrigation lines, stormwater swale system and associated landscaping near the northeast
corner of SH44 and Eagle Road intersection, stormwater bioretention facility and associated landscaping
and conduit for future communications fiber are referred to 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:
None. ACHD has already acquired or is in the process of acquiring the right-of-way necessary to
incorporate the Non -Transportation Components into the Project. Therefore, the acquisition of real
property is not required of the Partnering Agency and is not part of the Non -Transportation Components.
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IV. DESIGN OF NON -TRANSPORTATION COMPONENTS
Party responsible for obtaining plans/design for Non -Transportation Components:
Partnering Agency shall be responsible for obtaining approval of the plans/designs of the Non -
Transportation Components, which shall consist of designs for the concrete paver crosswalks and concrete
paver sidewalk buffer, trees, grates, and tree cells incorporated with the Silva Cell systems; the historic
street lights, benches, trash receptables, bike racks and planter pots, electric conduit, electric and irrigation
lines, stormwater swale and associated landscaping and irrigation system near the northwest corner of SH
44 and Eagle Road intersection, stormwater bioretention facility and associated landscaping and conduit
for future communications fiber described in Section II.
The Partnering Agency shall submit the plans/designs of the Non -Transportation Components and receive
approval from ACHD as to the plans/designs prior to installation.
If Partnering Agency is responsible for providing plans/design, deadline for submitting plans/designs
to ACHD for approval:
The Partnering Agency shall be solely responsible for all design costs for the Non -Transportation
Components, if any, except for the concrete paver crosswalks included in the design sheets created by
ACHD's consultant.
Additional conditions: All designs/plans submitted by Partnering Agency must comply with (i) established
engineering standards, including the Idaho Standards for Public Works Construction (ISPWC); (ii) the
American Association of State Highway and Transportation Officials ("AASHTO "); (iii) the Cost -Share
Ordinance No. 215; (iv) all adopted ACHD rules, regulations, and policies; and (v) all state and federal
laws. No designs shall be considered final until they are approved in writing by ACHD. Any modifications
to the deadlines set forth above must be approved in writing by ACHD. By approving such design or
construction of the Non -Transportation Components to the extent such Non -Transportation Components
were not designed or constructed by ACHD.
Allocation of design costs for Non -Transportation Components (including, if applicable, any credits
provided to Partnership Agency and application of any federal funding) and for reimbursement, if
applicable:
The Partnering Agency shall be solely responsible for all design costs for the Non -Transportation
Components, if any.
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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.)
All construction will be included in the ACHD construction contract. The City will be responsible for
reimbursing the construction costs of the proposed non -transportation components.
Additional conditions: (1) Partnering Agency will not allow any liens to attach to any right-of-way,
improvements, or any other property of ACHD as a result of any labor performed or materials supplied in
connection with the construction of the Non -Transportation Components. (2) Partnering Agency shall be
responsible for obtaining all permits required by ACHD in connection with any construction of the Non -
Transportation Components. (3) Partnering Agency's construction shall not negatively impact ACHD's
construction of the Transportation Components or ACHD's Road Project schedule in any way. (4) Any
amendment to the designs and plans must be approved in writing by ACHD. (5) All construction of the
Non -Transportation Components shall be in accordance with the designs/plans approved by ACHD. (6)
All construction by Partnering Agency will comply with (i) established engineering standards including the
Idaho Standards for Public Works Construction (ISPWC); (ii) the American Association of State Highway
and Transportation Officials (AASHTO'); (iii) the Cost Share Ordinance No. 215; (iv) all adopted ACHD
rules, regulations and policies; and (v) all state and federal laws.
If Partnering Agency is responsible for all or a part of the construction of the Non -Transportation
Components:
a. Date for submitting Partnering Agency's contractors and engineers to ACHD for approval:
b. Date for submitting Partnering Agency's contractors' and engineers' estimates to ACHD
approval:
c. Date for submitting Partnering Agency's contractors' and engineers' contracts to ACHD for
approval:
Any modifications to the deadlines set forth above must be approved in writing by ACHD.
All construction will be included in the ACHD construction contract. The City will be responsible for
reimbursing the construction costs of the proposed non -transportation components.
Allocation of construction costs for Non -Transportation Components, reconstruction costs of
Transportation Components necessitated by the incorporation of Non -Transportation Components
into the Road Project, ACHD construction, maintenance, administration, and overrun costs
(including, if applicable, any credits provided to Partnering Agency and application of any federal
funding), and time for reimbursement, if applicable:
Partnering Agency shall be solely responsible for all construction costs of the Non -Transportation
Components, whether ACHD or Partnering Agency performs such construction. If ACHD performs the
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construction of the Non -Transportation Components, then Partnering Agency shall reimburse ACHD for
the actual costs of all materials used, the cost of the relocation of any utilities necessitated by installation of
the Non -Transportation Components, including but not limited to the construction costs of sleeves, conduit,
and junction boxes where applicable. Payment by Partnering Agency shall be made to ACHD within 30
days following submission of any invoice by ACHD to Partnering Agency identifying such charges.
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 stormwater swale with associated landscaping and stormwater bioretention facility as indicated in
Section II will be constructed within ACHD's project shall be designed to prevent storm water from
accumulating and ponding.
Additional conditions: Upon a determination by ACHD that the incorporation into the Road Project of
Partnering Agency's Non -Transportation Components will have an adverse effect on storm water quantity
or quality, Partnering Agency shall be solely responsible for either mitigating or funding the mitigation of
any such adverse effects in a means determined by or acceptable to ACHD.
Schedule for completion of Road Project:
At this time, ACHD's schedule for completion of the Transportation and Non -Transportation Components
of the Road Project completion is estimated for Fall 2025.
VI. MAINTENANCE OF NON -TRANSPORTATION COMPONENTS
Maintenance requirements of Non -Transportation Components by Partnering Agency:
The 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 concrete
paver crosswalks and concrete paver sidewalk buffer, trees, grates, and tree cells incorporated with the
Silva Cell systems; the historic street lights, benches, trash receptables, bike racks and planter pots, electric
conduit, electric and irrigation lines, stormwater swale and associated landscaping and irrigation system
near the northwest corner of SH 44 and Eagle Road intersection, stormwater bioretention facility and
associated landscaping and conduit for future communications fiber described in Section II.
Partnering Agency shall cause the Non -Transportation Components to be operated and maintained in good
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functioning order during the term of this Permit, in accordance with applicable law, the approved
designs/plans, Partnering Agency's concrete paver crosswalks and concrete paver sidewalk buffer, trees,
grates, and tree cells incorporated with the Silva Cell systems; the historic street lights, benches, trash
receptables, bike racks and planter pots, electric conduit, electric and irrigation lines, stormwater swale and
associated landscaping and irrigation system near the northwest corner of SH 44 and Eagle Road
intersection, stormwater bioretention facility and associated landscaping and conduit for future
communications fiber standards and specifications, and industry standards. This obligation includes,
without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean up of
litter and debris, weed removal, and application for shrubs and trees, and groundcover, as applicable. Any
replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in
accordance with designs, plans, and specification approved in advanced an in writing by ACHD, in its
discretion, and as required to satisfy applicable laws, its policies, and good engineering and landscaping
practices.
Additional conditions:
1. This Permit does not extend to Partnering Agency the Right to use any part of the ACHD Road
Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion
or of others to the extent authorized by law.
2. In accessing any part of the Road project that has been accepted as an open public highway (as the
term "highway" is defined in Idaho Code Section 40-109(5), Partnering Agency's authorized use is
subject to the rights of the public to use the highway.
3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements
of records and the statutory rights of utilities to use the right-of-way.
4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or
license agreements allowing third parties to access the Road Project area, or the ability of ACHD
to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it
determines necessary, in its sole discretion.
5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and
agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-
of-way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license
granted herein may be terminated before Partnering Agency has realized the economic benefit of
the cost of installing, constructing, repairing, or maintaining the Non -Transportation Components,
and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from
asserting any claim, including damages or reimbursement, that the license is in any way
irrevocable because partnering Agency has expended funds on the Non -Transportation
Components and the Permit has not been in effect for a period sufficient for Partnering Agency to
realize the economic benefit from such expenditures.
6. In the event Partnering Agency fails to replace, repair, maintain, and care for the Non -
Transportation Components, ACHD shall have the following remedies in addition to any other
recovery in law or in equity, provided that ACHD first gives Partnering Agency 30 days ' notice and
Partnering Agency fails to remedy such failure: (i) ACHD may revoke this Permit; (ii) ACHD may
replace, maintain, and/or care for the Non -Transportation Components, and Partnering Agency
shall reimburse ACHD fully for all associated costs; (iii) ACHD may remove, alter, redesign, or
reconstruct the Non -Transportation Components or any part of the ACHD Road Project (including
without limitation the right-of-way), or in the case of landscaping, replace the Non -Transportation
Components with hardscape, and Partnering Agency shall reimburse ACHD. fully. for all associated
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costs; and (iv) ACHD may refuse to issue any further Cost Share Permits or any other permits for
future ACHD Road Projects until Partnering Agency complies with the conditions of the Permit. In
addition, in the event of an emergency caused by Partnering Agency's failure to perform required
maintenance, ACHD may immediately perform any and all emergency repairs or take other
measures in connection with an emergency and Partnering Agency shall reimburse ACHD fully for
all associated costs.
VII. TERM
Term of Permit:
This Permit shall be perpetual, until terminated or revoked pursuant to the provisions of this Permit.
Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either,
as directed by ACHD, (i) promptly remove the Non -Transportation Components and restore the underlying
area to at least the condition present as of the date of this Permit repairing and restoring all portions of
ACHD's right-of-way, personal property, and real property, if any, that are damaged during such removal
activities; or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-
way or real property underlying the Non -Transportation Components. Any portion of the Non -
Transportation Components that remain in ACHD right-of-way or on ACHD real property 90 days after
termination or revocation of this Permit shall be deemed abandoned, and ACHD shall have the right to
remove them or redesign, replace, and reconstruct the right-of-way or real property underlying them and
charge all costs to Partnering Agency.
VII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT
Additional provisions:
This permit provides terms upon which the incorporation of the Non -Transportation Components into the
Road Project is approved.
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IX. GENERAL CONDITIONS OF PERMIT
1. This Permit is issued conditioned on the Partnering Agency's compliance with ACHD's Cost Share
Ordinance No. 215, the terms and conditions of this Permit and all applicable ACHD policies,
standards and specifications and all certifications made by the Partnering Agency's pursuant to this
Permit.
2. This Permit is subject to the provisions of state and federal law and all ACHD Ordinance, including but
not limited to the Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit and
those that may be adopted after the issuance of this Permit (the "Applicable Law"). In the event of any
conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any
part of the obligations of the Partnering Agency or of ACHD in connection with this Permit or the
Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the
remaining obligations of the Permittee set forth in this Permit shall still be applicable. Further
amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit.
3. If any portion of the ACHD Road Project (including without limitation any portion of the right-of-way
and ACHD personal property therein) is damaged as a result of Permittee's action or inaction with
regard to the construction, operation, and/or maintenance of the Fiber Optic Facilities or the failure or
neglect to construct, operate, and/or maintain the Fiber Optic Facilities, then the Permittee shall, at its
sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior
thereto, and if Permittee or its successors or assigns shall fail or neglect to commence such correction
and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in
which event Permittee shall reimburse ACHD for the costs and expenses thereof, including, without
limitation, reasonable compensation for the use of staff and equipment of ACHD.
4. The Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to
third parties, costs, expenses, attorney fees, or any other liabilities whatsoever directly resulting from
the Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share
Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency
fails to comply with any provision of this Permit, then following any applicable notice and opportunity
to cure set forth herein, ACHD shall have the right, in addition to all other rights and remedies
elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non Transportation Components
and/or the right-of-way or real property underling the Non -Transportation Components, and in such
event, Partnering Agency shall reimburse ACHD for all associated cost. The obligations in this Section
shall survive the expiration, revocation, and/or cancellation of this Permit for any reason.
5. The Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as
it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated
and identifies the third party. Notwithstanding any delegation to a third party, the Partnering Agency
shall remain and shall be ultimately responsible for the third party's compliance with the terms of this
Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in
any way. In addition, Partnering Agency fully assumes all legal risks of determining whether any such
delegation is property under applicable law and/or regulations, and shall not be absolved of any
responsibilities under this Permit if it is unable to complete or maintain any such delegation for any
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reason.
6. Partnering Agency will protect, defend, indemnify, and hold ACHD and its officers, directors,
employees, members, and agents harmless from and against any and all liability, suits, losses, damages,
claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from
or out of any acts or omissions of the Permittee, its agents, or contractors related to or in connection
with the Non -Transportation Components and the exercise of any privileges or performance of any
obligations by the Partnering Agency pursuant to the terms of this Permit. Partnering Agency's
obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for
any reason.
7. In the event the Non -Transportation Components will or may necessitate future maintenance, repair,
relocation, or replacement that is not subject to this Permit, ACHD shall in its discretion issue
Partnering Agency an amended or an additional Cost Share Permit to perform such work.
8. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all
improvements that are part of the Road Project. ACHD will use its best efforts to advise Partnering
Agency of any anticipated actions within the Road Project that would be likely to cause a relocation,
modification, or other adaptation of any of the Non -Transportation Components, and the parties, to the
extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to
cooperate with respect to planning and coordination as related to any such relocation, modification, or
other adaptation of any of the Non -Transportation Components. If ACHD ultimately determines that
any part of the Road project must be relocated, reconstructed, removed, or redesigned, then Partnering
Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or
redesigning the Non -Transportation Components, as required by ACHD, which shall be accomplished
by the Partnering Agency according to designs, plans, and specifications approved by ACHD in writing
prior to any such work. Partnering Agency may also elect to remove all or a part of the Non -
Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency
assumes any and all costs of itself and ACHD relating to any future relocation of the Non -
Transportation Components.
9. ACHD shall at all times have the right to revoke this and any other Permit granted to the Partnering
Agency to access the Highway or public right-of-way or real property. In addition, ACHD may
immediately perform any and all emergency repairs or take other measures in connection with an
emergency, in which case the Partnering Agency shall reimburse ACHD fully for all associated costs.
10 This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to
the Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that
any of the information submitted by the Partnering Agency in the Cost Share Application is false or
inaccurate in any manner; (ii) a determination by ACHD that the Partnering Agency has failed to
comply with any term or provision of this Permit; (iii) a determination by ACHD that the Partnering
Agency has failed to replace, maintain, and/or care for the Non -Transportation Components, as
required by the terms of this Permit. Except in an emergency situation, ACHD shall provide the
Partnering Agency with thirty (30) days notice of the issue and an opportunity to comply prior to
exercising such rights.
11. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with
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additional permits or rights, nor shall ACHD be obligation to utilize provisions or rights set forth in this
Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency
in the future.
12. All exhibits and any addenda to this Permit are incorporated herein.
15. This Permit is conditioned upon the signature of ACHD and the Permittee below.
SIGNATURES
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 presents that he or she has the authority on behalf of ACHD to issue this
n.,..ii:t-ert€1-134-nd-ALEIN the terms set forth herein.
By: Bruce S. Wong
of s itctor. �..�
Acceptance/certification by Permittee:
The person signing below represents that he or she has the authority on behalf of the Partnering Agency to
accept and agree to the terms of this Permit and bind the Partnering Agency to the terms set forth herein.
By: Byod r-P k�
Its: hA
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EXHIBITS
EXHIBIT A: ACHD Project 320022 plans & City of Eagle - Non -Transportation Component
plan
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