ACHD Master Agmt for Landscape Maintenance
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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
,;~..H... day ofF~ ,2005, by and between ADA COUNTY HIGHWAY
DISTRICT, a body politic and corporate of the State of Idaho, (hereinafter
"ACHD" or Highway District") and the CITY OF MERIDIAN, a municipal
corporation organized under the laws of the State of Idaho, (hereinafter "City");
RECITALS
A. ACHD 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. ACHD within the City limits shall design, oonstruct, reconstruct, and
maintain storm water drainage facilities where necessary for motorist safety or
necessary for right.of-way maintenance under section 40-1415(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) of the Idaho Code; and
D. ACHD and City desire to simplify the process of negotiating separate
agreements for landscaping and maintenance of each ACHD Storm Water
Drainage Facility and to confirm the understanding between the parties with
respect to ACHD and City's respective requirements for such Stonn 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
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1.1 "ACHD" 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 all secondary county and city highways within Ada
County.
1.2 "ACHD Property" shall refer to ACHD owned real property located in
Meridian. Idaho, on which Storm Water Drainage Facilities and/or landscaping
andlor 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 DMaster 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 ACHD Storm Water Drainage Facility and/or instal/landscaping and/or
landscape irrigation system.
1.6 "Phase /I NPDES Pannit" 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 conveyor treat storm water and
other drainage located on ACHD owned property in the Meridian City limits. The
word "Storm Water Drainage Facility" the singular number includes the plural,
and the plural number shall include the singular.
ARTICLE 2
INSTALLATION OF STORM WAT~TIES AND/OR
LANDSCAPE AND/OR LANDSCAPE IRRIGATION SYSTEM
2.1 At ACHD's sole cost and expense, the Highway District shall construct and
install the Storm Water Drainage System and/or landscaping and/or landscape
i[rigation system in Meridian, Idaho, in accordance with designs, plans and
specifications approved by the City 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 ACHD in the future. Such additional
facilities shall be Incorporated into this Master Agreement by means of an
addendum signed by both parties.
2.2 ACHD shall 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 8. In the event that compliance with the City approved design
standards is not feasible, the Parties shall 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 and/or landscape inigation system, ACHD 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
shan 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. ACHD 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 Stonn 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 ground cover 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 fog is needed by
ACHD to comply with the Phase II NPDES Permit
requirements.
iii. The City shall provide ACHD with the Material Safety Data
Sheets for all pesticides, herbicides and fertilizer products used on
ACHD grounds.
3.3 BiG-Retention Fac~enance. The City shall maintain any bio-
retention ponds as follows:
8. Weeding above the water line;
b. Fertilizer, herbicides and insecticides shall not be applied to the
vegetation in the bio-retention facilities.
c. No sorey 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
irrigation 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 ACHD
Storm Water Drainage Facilities.
3.5 The City shall at its sole cost and expense operate and maintain the
landscape irrigation system.
3.6 ACHD shall perform heavy maintenance of the Storm Water Drainage
Facilities. Heavy maintenance shall include periodic inspection and cleaning of
the Stonn Water Drainage Retention/Detention ponds when the sediment levels
exceed the designed storage levels, repair, maintenance and reconstruction of
the Stann 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 Party") 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 all
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 perfonnance 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 ACHD 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. ACHD hereby extends
to Licensee a non-exclusive license on, over, across and under the ACHD
Property for the following uses and purposes (hereinafter such use and purposes
shall be referred to as "Authorized Use" for the purposes of Article 4) and no
others:
8. To maintain landscaping and/or landscape irrigation system(s) on
ACHD Property (hereinafter such landscaping and/or landscape irrigation
system(s) shall be referred to as "Improvements" for the purposes of
Article 4); and
b. Access to Improvements on ACHD Property for the purpose of
performing certain 0 perational a nd maintenance activities in accordance
with Licensee's responsibilities under Article 3 of this Master Agreement.
4.3 This Ucense does not extend to Licensee the right to use the ACHD
Property to the exclusion of ACHD or of others authorized by ACHD 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 ACHD determines, in its sale discretion, is appropriate.
4.4 Reconstruction, Installation of Additional Improvements. Any reconstruction
and/or installation by Licensee of additional improvements, including, without
limitation, fixtures and extra landscaping on the ACHD Property shall be
accomplished in accordance with designs, plans and specifications approved in
advance and in writing by ACHD as required to satisfy applicable laws, its
policies and good engineering practices.
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 5
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4.5 ~. There is no fee for the Licensee's Authorized Use under this License.
4.6
Maintenance' Failure to Maintain Relocation of 1m rovements.
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 ACHD and sound engineering practices. Licensee shall
have access over, across and under the ACHD 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 performance by Licensee ofthe maintenance required by
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 sale 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, ACHD 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 Irnprovements. If during the term of this License. ACHD
requires, in its sale discretion, at any time, and from time to time, that the Storm
Water Drainage Facility must be redesigned, improved and/or reconstructed.
ACHD 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 ACHD 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 Storm
Water Drainage Facility.
4.8 No Costs To ACHD. Except for section 4.7, any and all costs and
expenses associated with Licensee's Authorized Use of the ACHD 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 ACHD 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
ACHe 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
J<.Jø ,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 Compliance with Law: Waste and Nuisance Prohibited. In connection with
City's obligations under this Master Agreement and authorized use under the
License City covenants and agrees to: (i) comply 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 Ac1. and/or to the presence, use, generation, release,
discharge, storage or disposal in, on or under the ACHD 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 ACHD or any other unit of government; and
(iii) commit no waste or allow any nuisance on the ACHD Property. City
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 Master Agreement.
5.3 Attorney Fees and Cost$.. 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. This Master Agreement and the covenants and
agreements made herein shall inure to the benefit of, and be binding upon ACHD
and City, and their successors and assigns.
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE. 7
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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 overnight courier service (so long as such service provides
written confinnation 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
wñting 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 overnight courier, or (d) the
day facsimile delivery is electronically confirmed.
Ifte 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
City of Meridian - c,"" (J(e..¡'1r Pfff".....1L------
Attn: Doug Strong, Park Director r
33 E. Idaho -8t.eet /l-vØ-I1u.L
Meridian, Idaho 83642
Telephone No. (208).881--6633 866- H~~
Facsimile: (208)-898-5501 6'8 - tit-Ie
If to City:
5.7 No Property Interest. Except as otherwise provided, the terms and
conditions of this Master Agreement shall 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.
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MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 8
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William J. SchweitzE;1':
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EXHIBITS:
Exhibit A - ACHD Stann 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
ACHD 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.
EXH IB IT A
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE
MAINTENANCE
EXHIBIT B
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, ,A~'~V/'UU. ~O;O! ~AA 2088886f
IŒRIOIAN P&Z DEPT.
I
IilJOOl
Memo
CITY OF MERIDIAN
Planning & Zoning
Ta:
Dale KupenJS, ACHD
00&IJ Russell. The Land GlOUp
CD Anna CaMlng. Planning DlructOt
Fn,m¡ Steve Slddoway ci.t'.1J
Daœt 11.29.04
ReI Stonn DraInage PoneJ Design
Following is a list of design s~daoos fat AOID BtQonwat~ ponds in the City of Meridian. Thesr:
standards were disCUS:5ed at a ~t joint meeting Oetweo1 the ACHD Commission and the
Mt.:ridian City Council
1. Street Buffer Lmdsc:aping
a. Full WIdth required
i interstate 84: 50 feet
ii. Ent:rywoay Conidors: 35 feet
iü. hœ:rial Roads: 25 [c(.1:
iv. Collecto~ Roads: 20 feet
v. Loaf Roads: 10 feet
b. One tree per: 35 linea! feet;. 2" caliper minimum.
Ç. Low mainœnancc ground COver (i.e. Red Fescu~ Kianickinnic:k. ot" other 1awo
substitute).
2 Internal Landsaping-
a. Fully veget;Ucd (dry land gtw$,es OK)
b. One tree per ~OOO s.£.
3. Pond Design
a. No gœvel. rock, or cobble facilitiei, cxr:pt as mar be dc:sighed as a dry creek bed or
oth~ desi8n feature.
b. Slopes must: be lœs1han 3:1 (horizonml:vertiœJ).
ç. Erposed rock area for a sump inJet should not ~cced five fet;t in any horizontal
direction.
d. Plut materia)1S must be sdr,.-çted rh~ :arc able to withsœnd the changes in $Oil
moisture.
c, M:c.ilch should Qot be used against drõùnage ç:¡ttch basÎn$ due to potenl:ia1 sediment
clogging.
f. Open water ponds ~d holding ateas are prohibited unless designed as a recirculating
water btute through the Alternative Compliance s~on of the Landscape
Ordinance.
EXHIBIT B. Page 1 of 2
, ,¿l;' .clll/llJU4 15: 51 PAZ 2088888f
JŒRIDIAN PAZ DEPT.
IdJ 002
g. All storrnwarer fåcilitics must be designed to be: &o..--dœning. 1Mith no StandingW4ter '
within 24 hours of a storm f'Vttlt.
4. Buffea Detween Land Uses
a. IF the above is complied with, no buffer betWeen land uses will be required.
Other. The Comprehensive Plan depicts required locatJoM for 1o..foot Muhi.Use P:a!:h'W-ays. If the
proposed stOrm dwaage site includes a pa.thway on. the Comprehensive PJan. the pathway mUSt be:
accommodated. A~ tht! Overland/Meridian site, the Comprehensive Plan shows a pathway to be
c:onsttuctcd alOt'kg the Ten Mile Crcdt. However. at a joint S12ff meeting earlier this yc::ar. it was
:Weed tbtt me pathway could be shifted from the creek a.l1gJuncnt to a 1Q..foot det2chcd sidewalk
(asphalt or COncœte OK) along Mc:ridian Road. We are already wodcing with 5CVCral proj«t:s south
of Ovedand to continue the paÙ1w3y along Ten Mile ('.reck south from the Ov~d/Maidian
;nterseaion.
EXHIBIT B. Page 2 of 2
MASTER AGREEMENT AND LICENSE FOR LANDSCAPE
MAINTENANCE
EXHIBIT C
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ACHD
.
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P EST Management LOG
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ImplemeJ/f'"/r1oJ! Ejlècfil'f NCll'embeï 'JoO..j
EXHIBIT C, Page 1 of 4
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,
Pest Management Action and Follow Up
Date/Time Problem was fotmd:
Person Reporting Problem:
Contact hûonnation:
(non ACHD employees)
Responding Employee:
Nature/Location of Problem:
Corrective Actions:
Pesticide Use, if applicable (log all applications of pesticides, herbicides, fertilizers):
Datelfime of Application:
Pesticide Name:
EP A 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 10/15/01
<'
Pest Management Action and Follow Up
Date/Time Problem was fOlmd:
Person Reporting Problem:
Contact hûormation:
(non ACHD employees)
Responding Employee:
Nature/Location of Problem:
Corrective Actions:
Pesticide Use, if applicable (log all applications of pesticides, herbicides, fertilizers):
Datelfime of Application:
Pesticide Name:
EPAReg. 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 10/15/01
"
OatelTirne
Problem wu Nature of Problem
Found
Pesticide (Herbicides, Insecticides and Fertilizers) Use Log
Corrective Actions
OatelTlme of
Application
Pesticide
Name & EPA
Re . Number
Application
Method
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