HomeMy WebLinkAboutLicense Agreement for Landscape Maintenance with Ada County Highway District ACHD for Storm Water Drainage Facilities.-l
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MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE
ADA COUNTY HIGHWAY DISTRICT'S STORM WATER DRAINAGE
FACILITIES
THIS MASTER AGREEMENT AND LICENSE FOR LANDSCAPE
MAINTENANCE (hereinafter "Master Agreement") is made and entered into this
day of f~, 2005, by and between ADA COUNTY HIGHWAY
DISTRICT, a body politic and corporate of the State of Idaho, {hereinafter
"ACRD" or Highway District") and the CITY OF MERIDIAN, a municipal
corporation organized under the laws of the State of Idaho, (hereinafter "City");
RECITALS
A. ACRD is organized as a single county-wide highway district pursuant to
Title 40, Chapters 13 and 14 of the Idaho Code and has exclusive general
supervision and jurisdiction over all highways and public rights-of--way within Ada
County, Idaho, except State highways and freeways; and
B. ACRD within the City limits shall design, construct, reconstruct, and
maintain storm water drainage facilities where necessary for motorist safety or
necessary for right-of-way maintenance under section 40-9415(1) of the Idaho
Code; and
C. The City may expend City funds for the placement, care and removal of
trees, shrubs, grasses and other plants, which are located within the rights-of-
way of any highway of the county-wide highway district pursuant to section 40-
1415(7) ofthe Idaho Code; and
D. ACRD and City desire to simplify the process of negotiating separate
agreements for landscaping and maintenance of each ACRD Storm Water
Drainage Facility and to confirm the understanding between the parties with
respect to ACRD and City's respective requirements for such Storm Water
Drainage Facilities, all consistent with the Parties' respective rights and
obligations under the law.
AGREEMENT
NOW, THEREFORE, BE IT RESOLVED, for and in consideration of the mutual
covenants and conditions hereof, the parties agree as follows:
ARTICLE I
DEFINITIONS
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE -
1.1 "ACRD" or "Highway District" shall mean Ada County Highway District, 3775
Adams Street, Garden City, Idaho 83714. A body politic and corporate of the
State of Idaho responsible for alf secondary county and city highways within Ada
County.
1.2 'ACRD Propertyr' shall refer to ACHD owned real property located in
Meridian, Idaho, on which Storm Wa#er Drainage Facilities and/or landscaping
and/or landscape irrigation system(s) are located and is more particularly
described and depicted on Exhibit A attached hereto and article 2.1 of this
Master Agreement and License. The parties contemplate that this list will be
updated from time to time to cover additional storm water drainage facilities to be
constructed by ACHD in the future.
1.3 "Master Agreement" shall mean this Master Agreement and License for
Landscape Maintenance.
1.4 "City" shall mean the City of Meridian, 33 E. Idaho Street, Meridian, Idaho
83642, a municipal corporation organized under the laws of the State of Idaho.
1.5 "Contractor" shall mean the person awarded the contract by ACHD to build
the ACRD Storm Water Drainage Facility and/or install landscaping and/or
landscape irrigation system.
1.fi "Phase II NPDES Permit` shall refer to the National Pollutant Discharge
Elimination System Permit that is anticipated to be issued by the Environmental
Protection Agency to ACHD sometime in 2005.
1.7 "Storm Water Drainage Facility" shall refer to any structure, including, but not
limited to culverts, sluices, drains, ditches, pipes, drop inlets, sand and grease
traps, retention/detention ponds, designed to convey or treat storm water and
other drainage located on ACRD owned property in the Meridian City limits. The
wont "Storm Water Drainage Facility° the singular number includes the plural,
and the plural number shall include the singular.
ARTICLE 2
INSTALLATION OF STORM WATER DRAINAGE FACILITIES AND/OR
LANDSCAPE AND/OR LANDSCAPE IRRIGATION SYSTEM
2.1 At ACHD's sole cost and expense, the Highway District shat! construct and
install the Storm Water Drainage System and/or landscaping and/or landscape
irrigation system in Meridian, Idaho, in accordance with designs, plans and
specifications approved by the Gity in advance and in writing, and in compliance
with all applicable statutes, City approved design standards set forth in article
2.2, ACHD's policies and standards and good engineering practices. Attached
hereto as Exhibit A is a list and location of ACHD's Storm Water Drainage
Facilities that are covered by this Master Agreement. The parties contemplate
that this list will be amended from time to time to cover additional storm water
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 2
drainage facilities to be constructed by ACRD in the future. Such additional
fadlities shall be incorporated into this Master Agreement by means of an
addendum signed by both parties.
2.2 ACHD shat) comply with the City approved design standards set forth in the
Memorandum dated, November 29, 2004, from Steve Siddoway, Principal
Planner and Transportation Coordinator with the City, which is attached hereto
as Exhibit B. In the event that compliance with the City approved design
standarcls is not feasible, the Parties shat! work together in good faith to come to
a resolution that is agreeable to both Parties.
2.3 Upon the Contractor's final completion of the Storm Water Drainage Facility,
landscaping andlor landscape irrigation system, ACRD shall send written notice to
the City's Park and Recreation Department for the City to inspect and accept in
writing the ownership of the landscaping and landscape irrigation system. The City
shall maintain the landscaping and operate and maintain the landscape irrigation
system thereafter, at its sole cost and expense.
2.4 ACHD does not in any way, expressly or impliedly, give any warranties to City
with respect to the landscaping and landscape irrigation system. ACRD shall
enforce for the benefit of City any warranties contained in the ACHD contract for the
installation of the landscaping and landscape irrigation system.
ARTICLE 3
MAINTENANCE OF LANDSCAPE AND STORM WATER DRAINAGE
FACILITIES
3.1 ACHD is subject to the Phase II Storm Water Requirements and has applied
for a Phase II NDPES Permit with the U.S. Environmental Protection Agency
(hereinafter "EPA"). ACHD anticipates that EPA will issue the Permit sometime
in 2005. The City agrees that City will comply with the requirements of the
NPDES Phase II Permit in the City's performance of the terms of this Master
Agreement.
3.2 The City shall, at its sole cost and expense, perform the following
maintenance on the landscaping surrounding ACHD's Storm Water Drainage
Facilities covered by this Master Agreement: Grass care, pruning trees and
shrubs, clean-up of litter and debris and application for shrubs, trees and
groundcover.
a. Applications for trees, shrubs and groundcover will be applied as
follows:
i. Fertilizer. For trees and shrubs, fertilizer should be applied as
needed and be applied according to manufacturer's directions.
ii. Insect and Weed Control.
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 3
1. Appropriate insect and weed controls should be applied
as needed at Labeled rates by qualified applicators.
2. Controls will be applied on an as-needed basis only for
the purpose of minimizing insect damage to plant materials
and control weeds.
3. The City shall maintain a "Pest Management Log" as
directed in Exhibit C attached hereto. Such log is needed by
ACRD to comply with the Phase II NPDES Permit
requirements.
iii. The City shall provide ACRD with the Material Safety Data
Sheets for all pesticides, herbicides and fertilizer products used on
ACHD grounds.
3.3 Bio-Retention Facility Maintenance. The City shall maintain any bio-
retention ponds as follows:
a. Weeding above the water line;
b. Fertilizer, herbicides and insecticides shall not be applied to the
vegetation in the bio-retention facilities.
c. No spray zone. A ten (10) feet area adjacent to the bio-retention facility
shall not have any fertilizer, herbicides, or insecticides applied.
3.4 In the event that the Storm Water Drainage Facilities have grass, water shall
be applied to the grass at a rate that will keep the grass healthy, but shall not
interfere with the proper operation of the Storm Water Drainage Facilities. Over
in'igation shall be avoided, as this will cause water to pond and impair the
function of the Storm Water Drainage Facilities. The City shall at its sole cost
and expense pay for the water to irrigate the landscaping surrounding ACRD
Storm Water Drainage Facilities.
3.5 The City shall at its sole cost and expense operate and maintain the
landscape irr+gation system.
3.6 ACRD shall perform heavy maintenance of the Storm Water Drainage
Facilities. Heavy maintenance shall include periodic inspection and cleaning of
the Storm Water Drainage Retention/Detention ponds when the sediment levels
exceed the designed storage levels, repair, maintenance and reconstruction of
the Storm Water Drainage Facility infrastructure.
3.7 Indemnification. Subject to the provisions of, and the limits of liability set
forth in the Idaho Tort Claims Act, each Party shall indemnify (in such instance,
the "Indemnifying Party") and hold harmless the other Party (in such instance, the
"Indemnified Part') and the Indemnified Party's respective officers, boards,
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 4
commissions, employees, agents, and contractors from and against any and atl
liability, obligation, damages, penalties, claims, liens, costs, charges, losses and
expenses which may be imposed upon, incurred by or be asserted against the
Indemnified Party by reason of any act or omission of the Indemnifying Party's
personnel, employees, agents, contractors or subcontractors resulting in
personal injury or property damage arising out of, or in any way connected with
the Indemnifying Party's performance of the covenants set forth in Article 3 of
this Master Agreement.
ARTICLE 4
TEMPORARY LICENSE
4.1 This License authorizes City (hereinafter the City shall be referred to as
"Licensee" for the purposes of Article 4) to use the ACRD Property for the limited
purposes hereinafter set forth, and, for the consideration and on the terms and
conditions hereinafter set forth, ACHD is willing to extend such license to
Licensee.
4.2 On the terms and conditions hereinafter set forth, ACRD hereby extends
to Licensee anon-exclusive license on, over, across and under the ACRD
Property for the following uses and purposes {hereinafter such use and purposes
shall be referred to as "Authorized Use" for the purposes of A rticle 4) and n o
others:
a. To maintain landscaping and/or landscape irrigation system(s) on
ACRD Property (hereinafter such landscaping and/or landscape irrigation
system(s) shat! be referred to as "Improvements" for the purposes of
Article 4}; and
b. Access to Improvements on ACHD Property for the purpose of
performing c ertain o perational a nd maintenance a ctivities i n a ccordance
with Licensee's responsibilities under Article 3 of this Master Agreement.
4.3 This License does not extend to Licensee the right to use the ACRD
Property to the a xclusion of ACRD or of others authorized by ACRD to come
upon the aforementioned premises. This License is not intended to, and shall
not, preclude or impede the a bility of ACHD to redesign, reconstruct, relocate
and maintain and improve its Storm Water Drainage Facilities as authorized by
law and/or as ACRD determines, in its sole discretion, is appropriate.
4.4 Reconstruction, installation of Additional Improvements. Any reconstruction
andlor installation by Licensee of additional improvements, including, without
limitation, fixtures and extra landscaping on the ACRD Property shall be
accomplished in accordance with designs, plans and specifications approved in
advance and in writing by ACRD as required to satisfy applicable laws, its
policies and good engineering practices.
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 5
4.5 ~. There is no fee for the Licensee's Authorized Use under this License.
4.6 Maintenance• Failure to Maintain Relocation of Improvements.
a. At its sole cost and expense, Licensee shall maintain the
Improvements in good condition and repair and as required to satisfy applicable
laws, the policies of ACRD and sound engineering practices. Licensee shall
have access over, across and under the ACRD Property for the purposes of
accomplishing such repair and maintenance.
b. If the Storm Water Drainage Facility is damaged as a result of:
i. T he p erformance b y L icensee of t he maintenance r squired b y
article 4.6.a., or the failure or neglect to perform such maintenance;
and/or
ii. Licensee's design, installation or use of the Improvements,
regardless of cause;
at its sole cost and expense Licensee shall forthwith correct such deficiency and
restore the Storm Water Drainage Facility to the same condition it was in prior
thereto, and if Licensee shall fail or neglect to commence such correction and
restoration within twenty-four (24) hours of notification thereof, ACRD may
proceed to do so, in which event Licensee agrees to reimburse ACHD for the
costs and expenses thereof, including, without limitation, reasonable
compensation for the use of staff and equipment of ACHD.
4.7 Relocation of lmgrovements. If during the term of this License, ACRD
requires, in its sole discretion, at any time, and from time to time, that the Storm
Water Drainage Facility must be redesigned, improved and/or reconstructed,
ACRD accepts the responsibility for all costs of relocating, modifying or otherwise
adapting the Improvements to such redesign, improvement and/or
reconstruction. In the event that ACRD is required to replace a tree, the
replacement tree shall be the largest transplantable tree available with a
maximum caliper size of four (4) inches or less from a local nursery. The City
shall not assess any fees against ACHD for the removal of any Improvements
caused by ACHD's redesign, improvement and/or reconstruction of the Stom1
Water Drainage Facility.
4.8 No Costs To ACRD. Except for section 4.7, any and all costs and
expenses associated with Licensee's Authorized Use of the ACRD Property, or
any construction or installation of Improvements thereon, or the repair and
maintenance thereof, shall be at the sole cost and expense of the Licensee.
4.9 Indemnification. Licensee hereby indemnifies and holds ACRD harmless
from and against any and all claims or actions for loss, injury, death, damages,
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 6
arising out of the failure or neglect of Licensee, Licensee's employees,
contractors and agents, to properly and reasonably make Authorized Use of the
ACRD Property, or that otherwise result from the use and occupation of the
ACHD Property, and including any attorney fees and costs that may be incurred
by ACHD in defense of such claims or actions indemnified against by Licensee
hereunder. For claims or actions arising out of failures or neglects occurring
during the term of this License Licensee's obligations pursuant to this provision
shall survive the termination of this Master Agreement.
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Term. The term of this Master Agreement shall run from the day of
~, 2005, and will continue until terminated by either party, with or without
cause, which termination shall be effective following Thirty (30) days advance
written notice of termination given the other party.
5.2 Com fiance with Law• Waste and Nuisance Prohibited. In connection with
Cites obligations under this Master Agreement and authorized use under the
License City coven$tatea andg ocalt statutes,pordinances,Npolicies stole`s and
and all, federal,
regulations, including, without limitation, those relating to traffic and pedestrian
safety, the Clean W ater Act and/or to the presence, use, generation, release,
discharge, storage or disposal in, on or under the ACRD Property 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 ordinance
presently in effect or that may be promulgated in the future); (ii) obtain any and
all permits and approvals required by ACRD or any other unit of government; anti
(iii) commit no waste or allow any nuisance on the ACRD Property. City
covenants and agrees to indemnify and hold ACRD 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 connectedthe t rminaton of this Master Agreeme~venant. These
covenants shall survive
5.3 Attomev Fees and Costs. In any suit, action or appeal therefrom to enforce
or interpret this Master Agreement, the prevailing party shall be entitled to
recover its costs incurred therein, including reasonable attorney's fees.
5.4 Exhibits. All exhibits attached hereto and the recitals contained herein are
incorporated as if set forth in full herein.
5.5 Successors and Assigns. II note tto the benefit of, and be b riding upon ACHD
agreements made herein sha
and City, and their successors and assigns.
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 7
5.6 Notice. Any notice under this Master Agreement shall be in writing and be
delivered in person, or by United States Mails, postage prepaid, or by public or
private 24-hour ovemight courier service (so long as such service provides
written confirmation of delivery}, or by facsimile verified by electronic
confirmation. All notices shall be addressed to the party at the address set forth
below or at such other addresses as the parties may from time to time direct in
writing by notice given the other. Any notice shall be deemed to have been given
on (a) actual delivery or refusal, (b} three {3) days following the day of deposit in
the United States Mails, (c} the day of delivery to the ovemight courier, or (d) the
day facsimile delivery is electronically confirmed.
If to ACHD: Ada County Highway District
3775 N. Adams Street
Garden City, Idaho 83714
Attn: Art Jenkins, Drainage Division Supervisor
Telephone No. (208) 387-6250
Facsimile: (208) 387-6159
If to City: City of Meridian - C~ kj Cltv/c cr o~i-w
Attn: Doug Strong, Park Director
33 E. Idaho ~9ireet /~r/en~
Meridian, Idaho 83642
Telephone No. (208).884-bb~3 B 8B^ 4~9~3 3
Facsimile: (208}-S98-SSA-4 88B - ¢Z~B
5.7 No Property Interest. Except as otherwise provided, the terms and
conditions of this Master Agreement shalt not create any type of property interest
in City with respect to ACHD's Storm Water Drainage Facilities or the underlying
real property.
IN WITNESS THEREOF, the parties have caused this Master Agreement to be
executed on the first date written above.
~ ~
.~~~,
i8cx
ATTEST:
i ~r
G. Berg, Jr.,
~~'~ ~.
OF MERIDIAN
de 19~s~d, Mayor
MASTER AGREEMENT AND t_ICENSE FOR LANDSCAPE MAINTENANCE - 8
HIGHWAY DISTRICT
EXHIBITS:
nden, President
Exhibit A -ACRD Storm Water Drainage Facilities
Exhibit B -City Approved Design Standards
Exhibit C -Pest Management Log
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 9
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE
MAINTENANCE
EXHIBIT A
ACRD Storm Water Drainage Facilities Covered by the Master Agreement
1. Franklin Road Storm Water Conveyance, Project No. 501019 RD 300, located
at the intersection of Franklin Road and Locust Grove.
2. Overland Road and Meridian Road Pond, Project No. 504046, located at the
intersection of Overland Road and Meridian Road.
EXHIBIT A
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE
MAINTENANCE
EXHIBIT B
-_~ ~•o~ ~~vr ao: a; t'Ad, Y088888f
1tERIDIAN Pd~Z DEPT, f ~ 001
Memo
~ o~ ~aervs, arx•~
~8 R~11.1'he Land Group
~ Anne Canning. Planning Director
~'*+ono Stevoe Siddoway
Dabea 1.28.44
R~ Storm Drairaa~a Pond Des~n
CIT Y ~ F
ME RI QI AN
P
la nnin & Z
g a ni ng
Following is a list of desiga stands far ACI-ID
standards were discussed at a refit •~ BtoCRtwattr ponds in the City of Meridian. l''hesc
Meridian City Council, 1 t meeting vim, the ACID Commission and the
1• Street Buffer Iaadscafip~
a. FuII V(ridti~ requited
i 1:nh2statc 84: 50 Poet
u. F~trY~Y Corridors: 35 fret
'n- Arterial Roads: 25 feat
iv_ CoIIcctnc Roads; 20 feet
~- IACaI Roads: 10 Fert
b. One tree per 351ineal Feet, 2" caliper minimum.
c. Luw maint~anCC ground cotter (,e, ~d Fesca,e, fCinnicl:innicl~, or other laws
substitute).
2 Internal ~dscaping
Filly o~tat~a ~~ >and ~9e9 orb
b. C}nc tree pex 8,000 s.F,
3. Pond Design
a No ~y~ rocl~ or cobble faalities, cxept as map be designed as a drp creek bed or
other desi~a feature,
b. Slopes must be Icss than 3;1 (horixontaL-vertic~,
~' Ebposed rock area hyr a sump inlet should not exceed Five Feet in any horizontal
direction.
d. Plant snateaals meat },. ~.t.....~...~ ~._
rrIOtBQ,rr'e. -- -- ....«. ~v wsuisrarK7 tPit Char1$e5 in SO11
e. Mulch should root be used against drainage catch basin due tq potential sediment
c1°b?~~
f. Open water ponds at,d holding areas are prohibited unless designed as a recirculating
wager FCature through the A1te+matae Compliance section of the Landscape
nrduuncc
EXHIBIT 8, Page 3 t)f 2
. ,u~sd/0004 IS:SI FAa 2068888E
MERIDIAN PdcZ DEPT',
X002
g AIf stormwat~ farr7iac~ must be designed to be Ercc.~d. ' -
within 24 hours of a storm event. ~~ "'~ ao standing ~~
4. Bullets Between Lid EJses
a. If the abope is complied with, no buffer be~veea land uses wc~l be req-ured
Other. The Comprehensive Plan de icts re
proposed storm dtainagr ~~ inoludes a ~qurrcd latationc For ]aft Mu]tii-Use Pzthw~ays_ If the
accommodated. Ak the ~ ~' °R ~~ ~mpn'hensive Plan, the i°.~+y must be
~~d/~[eridian sits the CamprehehsiPC Plan shows a
wnsttu~*cd along the Ten M~la C:xc~rk. Hotivever, at a. joint staff' mew pathway to be
~+gceed tba# the P~v„ay could be shifter from the creel: $ bier this year, it was
(as halt or concrete O alignment to a 20-foot detachod sidewalk
p ~ along Merida Road. We are already workin with
of Overland to conttriue the pzxhvr~y along 'few Mle Cr~edc south i;xgorn ~ ~ Projects south
intersection. etland/Meridian
EXHIBIT B, Page 2 of 2
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE
MAINTENANCE
EXHIBIT C
ACHD
-~r~ ~
PESTManagement ~QG
~1i1~~JBIId~IlTtlr70i? FfTe'iT%1'P ~r~71•F.')1?hei' ~'(I(1--%
EXHIBIT C, Page 1 of 4
- ' Pest Management Action and Follow Up
Date/Time Problem was fotmd:
Person Reporting Problem:
Responding Employee:
Nature/Location of Problem:
Contact Information:
(non AGHD employees)
Corrective Actions:
PeStfCfde Use, if applicable (log all applications otpesticides, herbicides, fertilizers):
Date/Time of Application:
Pesticide Name: EPA Reg. Number:
Active Ingredients:
Application Method:
Concentration & Quantity:
Area Treated (Approx size in Sq. feet and location):
Target Pest:
Follow Up
Date of Follow Up:
Follow Up Findings:
Any Additional Actions Taken & Results:
EXHIBIT C, Page 3 of 4
Last updated 10/1 S,/01
- Pest Management Action and Follow Up
Date/Time Problem was fotmd:
Person Reporting Problem: Contact Information:
(non AGHD employees)
Responding Employee:
Nature/Location of Problem:
Corrective Actions:
PeStlclde USe, if applicable (log all applications of pesticides, herbicides, fertilizers):
Date/Time of Application:
Pesticide Name:
Active Ingredients:
Application Method:
Concentration & Quantity:
EPA Reg. Number:
Area Treated (Approx size in Sq. feet and location):
Target Pest:
Follow Up
Date of Follow Up:
Follow Up Findings:
Any Additional Actions Taken & Results:
EXHIBIT C, Page 3 of 4
Last updated 10/1 S,/01
Pestlcid® {Herbicides, insecticides and Fertilizers) Use Log
DatelTime
Problem was
Found Nature of Problem
Corrective Actions DatelTlme of
Application Pesticide
Name 8 EPA
Re .Number Application
Method Concentration
and
Auant' Area Tram
(Size & ~
Locatio
~
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