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Meridian/Overland Stormwater Detention Basin CZC 05-057 (2)# � I FJ ri t.k f Project Location 8523240 , 118336251 k' } 83 00 , \ LL I I i Y Vicinity Map Overland &Meridian Stormwater Detention Facility � Lot lines 3N1E18 CHD Lots N Right -of -Way 'Subdivision boundary N 3N1E18 A Committe to Service /Section Line ACHD owned parcels Map created by: JBledsoe 1 inch = 441 feet March 28, 2005 Parcels/Assessor Info FJ §HK Vi HhMpv 610i Ig OCR N uR sn f I o till o q e (3) o 0 r illi ,till 'till 51`1 N� N uR sn f I .......... N� N uR sn f I o q e (3) o 0 N� 4 ADA COUNTY RECORDER J. DAVID NAVARRO 2002 A 21 P1412: 26 Project Name: Overland/Meridian to Eagle Project No.: 502005 R/W Parcel No.: 64 Township/Range/Section: T3N, R1E, 18 SPECIAL WARRANTY DEED RECORDED-REQUESTOF FEE DEPUTY 102070070 ALLIANCe THIS INDENTURE is made this 6th day of June, 2002, by FLYING J INC, a Utah corporation the "GRANTOR" to and in favor of ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more'particularly described on Exhibit "A" and depicted on Exhibit `B" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). Subject to those exceptions to GRANTOR's title as are set forth on Exhibit `B" attached hereto and by this reference made a part hereof. SUBJECT TO those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all claiming by, through, or under it. The current address of the GRANTEE is: Ada County Highway District 318 East 37th Street Garden, Idaho 83714-6499 1. CITY HALL (208) 888-4433 — Fax 887-4813 e CITY OF 9t '} _ PUBLIC WORKS CTrY CIL MEMBERS —� BUILDING DEPARTMENT Keith Bird �'YlrI�YI ,� (208) 887-2222 Fax 898-9551 t William L.M. Nary t s +JI)AH0 LEGALDEPARTMENT p' Shaun Wardle �y (208) 888-4433 Charles M. Rountree �.� t n F'LT��t>tgY,l.rzF.ws�.�i�V.at�Y sate 1: I 1407 � i' t !i CERTIFICATE OF ZONING COMPLIANCE* l t Date: May 10, 2005 Project Name: Meridian/Overland Stormwater Detention Basin E , Project Address: NB Corner of Meridian/Overland t Proposed Use ACRD Stormwater Detention Basin Owner: Ada County Highway District E, Applicant: ACHD (Justin Bledsoe, 387-6100) Zoning: C -G t Comments: A ' Conditions of Approval: Project is subject to current City ordinances. The proposed stormwater facility is deemed to be a Public Service Facility per the Schedule of Use Control, thus requiring approval through the CZC process. t Alternative Compliance: Alternative compliance is hereby granted to reduce the width of the t� required street buffers to fit existing conditions in return for upgrading the fence type to "Blackline" simulated rod -iron (pvc) and the shrub planting at the base. Planting of the four 1, crabapple trees near the intersection may be postponed until the intersection is reconstructed ` in 2007. The trees and ten -foot sidewalk shall be installed with the future intersection t ' improvements. Landscaping: All landscaping shall be installed per the approved landscape plan. The bottom of the detention basin shall be grassed per the plan. Dirt/gravel/cobble surfaces are not approved. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the specifications provided. The proposed connection to the City water main is subject to review and approval by the Meridian Public Works Dept. Access: The existing 15 -foot wide pond access shall be abandoned and landscaped over per the approved plan. The new access road shall be asphalt per the approved plan or other approved ' dustless surface. r l' r. - 4 r Agreement: This facility is subject to the "Master Agreement and License for Landscape Maintenance/Ada County Highway District's Storm Water Drainage Facilities." Plan Modifications: The approved Site Plan and Landscape Plan, stamped 5/10/05 are not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes ta'the site or landscape plans are permitted;' prior written approval of all changes is required. Ste a Siddoway Principal Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. I xi CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax CERTIFICATE OF ZONING COMPLIANCE !CZQ APPI,ICAITON (Section 11-14-1, Zoning and Development Ordinance) PROJECT NAME: APPLICANT ADDRESS: �J"?"75 J�'AS ��' C2yYde' C.t' 4 (D "Tif PHONE: '�0-7-UIOO FAX: E-MAIL: ItaS�P a•I�•u5 OWNER(S) OF RECORD: �GaW-¢. Q5 a�OOV� e ADDRESS: PHONE: FAX: E-MAIL: ARCHITECT (IF DIFFERENT THAN APPLICANT): 774, 14-P4 6r-tT 1 4--4- ADDRESS: V' PHONE: ZD$'"JM' X041 FAX: Tzb 13'x-- 4S E-MAIIj4,7h a I {V1C'Gt7�l+l ADDRESS, GENERAL LOCATION OF SITE: t Ect/j& Ot ,VyeX lava te�Aix- TOWNSHIP, RANGE, AND SECTION:N� DESCRIPTION OF USE: t5 rw A' 4tc,,+ — PRESENT ZONE CLASSIFICATION: -61) do hereby affirm that I will ag'r'ee to pay any additional sewer, water or trash fees or charges, if any, associated with the use that Uwe have applied for, whether the use be residential, commercial or industrial in nature. Furthermore, I have read the information contained herein and certify that the information is true and correct. _ ? /2q/0� (A can ' Signat e) (Dale) R / Project Location 8523240 , 118336251 83 00 OVER1 AND LL A i i Vicinity Map Overland &Meridian Stormwater Detention Facility Lot lines 3N1E18 C D Lots Right-of-Way Subdivision boundary N 3N1E18 I IL Committe to Service Section Line ACHD owned parcels p 1 inch = 441 feet Map created 8,by:00 edsoe March 28, 2005 0 Parcels/Assessor Info AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) COUNTY OF ADA ) 1, l�t.l IGen 1 arc" 2 � 3 -5_ AcL v-1 s S (name) (address) being first duly sworn upon c, --oath, _oath, depose and say: (city) �- (state) That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this day of rc_n , 200 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Pur Idaho Residing ais z /-_-Q Gia My Commission Expires: (AP _ 7- O� 0 0 toY g�3 3A3�� 38i % E8-Y`-5a5z 3 Z do!g ;o Z Hi o t6 _ H!itr=a ��:�� /� �u..1p I yq y Ui / u� pa s� 3fg s a�j N. � :x 01 NW� ao MR' W11 W11 fir ►��a'f� s 'i eas E.HH ',1 i7 All so l z toY g�3 3A3�� 38i % E8-Y`-5a5z 3 Z do!g ;o Z Hi o t6 _ t9 VY• oC�C ��:�� /� �u..1p I yq A O9� u� pa s� 3fg s a�j N. � :x w ao W11 W11 fir ►��a'f� s �M eas illi ',1 i7 All so l c�� t Wf a<a g'�fr� S Rd3 g�8 :aQi 4�` i a " oaw yy I ra co W33g r t 2M O tl Q NNE k: NE `d ea E5 &�q ffi�4 g n •`, O�- a gt Oa00 O 000004 0 l d us O toY g�3 3A3�� 38i % E8-Y`-5a5z 3 Z do!g ;o Z Hi neo e u� pa s� 3fg s a�j N. � :x ao eas ei. Q�d go � �$ EQ i7 Wf a<a g'�fr� S Rd3 g�8 :aQi 4�` i a " oaw yy ra co W33g r t 2M O tl Q NNE k: NE `d ea E5 &�q ffi�4 g n •`, e SCG � gt Oa00 O 000004 0 (; i, 0A COUNTY RECOMER J. 0 V10 HAVARM � 2002 A 21 P1412: 26 Project Name: Overland/Meridian to Eagle Project No.: 502005 R/W Parcel No.: 64 Township/Range/Section: T3N, R1E, 18 SPECIAL WARRANTY DEED r M RECORDED- REQUEST FEE DEPUTY_ �� 102070070° ALLbAWCE F' THIS INDENTURE is made this 6th day of June, 2002, by FLYING J INC, a Utah corporation the "GRANTOR" to and in favor of ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more'particularly described on Exhibit "A" and depicted on Exhibit "B" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). Subject to those exceptions to GRANTOR's title as are set forth on Exhibit `B" attached hereto and by this reference made a part hereof. SUBJECT TO those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all claiming by, through, or under it. The current address of the GRANTEE is: Ada County Highway District 318 East 37th Street Garden, Idaho 83714-6499 f • (4 C C IN WITNESS WHEREOF, this SPECIAL WARRANTY DEED has been duly` executed by Flying J inc. a Utah corporation, the GRANTOR, on the day, month and year herein first above written. FLYING J INC., by J Kilip Adamident d II u, CORPORATE: STATE OF UTAH ) ss. COUNTY OF WEBER ) On this 6th day of June, 2002, before me, Michelle Satterthwaite, a Notary Public in and for the State of Utah, personally appeared J Phillip Adams, known or identified to me to be the President of Flying J Inc. that executed this instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the tate of Utah Residing at Wy F- ( C �* Vtah My Commission expires' NOTARY PUBLIC Michelle L. Satterthwaite 345 West 925 South Garland, Utah 84312 °v �$ My Commission Expires i� January 25, 2008 V «di�ar • f 4 � Unlimited Boundaries, Inc. 1��A; 0s� Ber a Land Surveying W 4232 Adams Street Boise ID 83714-5324 .. Phone 208-672-8407 Fa= 208-672-8567 PARCEL DESCRIPTION ADA COUNTY HIGHWAY DISTRICT/ FLYING 3 POND EASEMENT LOCATED IN THE SW '/a SW 1/40F SECTION 18 T.3N., R.1E., B.M., ADA COUNTY, IDAHO A parcel of land being a portion of the SW 1/4 SW 1/4 of Section 18, T.3N., RAE., B.M., Ada County, Idaho and more particularly described as follows: COMMENCING at a Brass Cap marking the Southwest Corner of Section 18, UN., R.IE., B.M., Ada County, Idaho; thence North 0102'04" East, 130.84 feet along the Westerly Boundary of said Section 18 to a point; thence leaving said Westerly Boundary South 8805756" East, 48.00 feet to a point on the existing Easterly Right -Of -Way line of Highway 69 (Meridian Road), the REAL POINT OF BEGINNING: Thence along said Easterly Right -Of -Way line North 01002'04" East, 126.87 feet to a point; Thence continuing along said Right -Of -Way line North 0604445" East, 171.92 feet to a point; Thence leaving said Right -Of -Way line South 52004'56" East, 35.55 feet to a point; Thence South 2504256" East, 60.00 feet to a point: Thence South 09001'56" East, 329.81 feet to a point on the existing Northerly Right -Of -Way line of Overland Road; Thence along said Northerly Right -Of -Way line the following courses and distance: North 66°18'55" West, 36.52 feet to a point; Thence South 8904228" West, 26.00 feet to a point; Thence North 833459" West, 48.24 feet to a point of curvature; Thence leaving Said Right -Of -Way line Northwesterly 23.41 feet along the arc of a curve to the right, said curve having a radius of 25.00 feet, a central angle of 53039'06" and a long chord which bears North 39017'06" West, 22.56 feet to a point of compound curvature on the existing Right -Of -Way line of Highway 69 (Meridian Road); EXHIBIT "A" Thence Northwesterly 67.12 feet along the arc of a curve to the right, said curve having a radius of 285.00 feet, a central angle of 1302937', and a long chord which bears North 05042'45" West, 66.96 feet to the REAL POINT OF BEGINNING: Said parcel contains 0.76 acres more or lesse, SUB7ECT TO: Any easements or reservations of record or appearing on the above-described parcel of land. f .l c` EXHIBIT "B" 1. General taxes for the year 2001, which are liens, of which the second half is due June 20th 2. General taxes for the year 2002, a lien not yet due or payable. 3. Ditch, road and public utility easements, as the same may exist over said premises. 4. Right-of-way for TEN MILE DRAIN DITCH, and the rights of access thereto for maintenance of said ditch. 5. Conditions, restrictions, and access rights contained in the Right -of - Way Deed to the State of Idaho. Recorded: FEBRUARY 24, 1936 Instrument No.: 168099. 6. An easement for the purpose shown below and rights incidental thereto as set forth in document. Granted to: IDAHO POWER COMPANY, a corporation Purpose: POWERLINE. Recorded: OCTOBER 22, 1962 Instrument No.: 546612 of Official Records. r 7. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: IDAHO POWER COMPANY, a corporation Purpose: POWERLINE Recorded: DECEMBER 30, 1964 Instrument No.: 601472 of Official Records. 8. Negative easements, conditions, restrictions, and access rights contained in the Warranty Deed to the State of Idaho. Recorded: MAY 23, 1963. Instrument No.: 556656. 9. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to.: THE MOUNTIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation. Purpose: RIGHT OF WAY EASEMENT. Recorded: DECEMBER 2, 1974. } Instrument No.: 907417 of Official Records. A 10. Conditions, restrictions, and access rights contained in the deed to the State of Idaho. Recorded: MAY 3, 1984. Instrument No.: 8421888 of Official Records. 11. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: THE CITY OF MERIDIAN Purpose: SANITARY SEWER EASEMENT. Recorded: SEPTEMBER 12, 1990. Instrument No.: 9049400 of Official Records. END F a 4" IRRIGATION PERFORMANCE SPECIFICATIONS PER ORDINANCE 12-13-8 Nom.-,: submit 3 copies of this completed form'with any application for Certificate of"Zoning Compliance (CZQ. Project Name: /da Cao +�e t*tahtr.x✓ Dias �tarwtwa C f1Aenft0*%4' Inetr'idcoo,, 19k exnay Ove,- /*. - Specifications: 4 _. Available Gallons per, Minute: !(P a pivt- Available Water Pressure:` ZS_ n s ' '4 j.e Point of Connection (describe and/or submit a site pip): Primary Connection- 1/4tf IYelltr W' S 04' Cff)f waaiti- YYt . n Secondary Connection l7 oAe- Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscape areas to be irrigated:_'3, So s.f. Backflow Prevention A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced - water -demand areas. Overspray Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. F SPECIAL PROVISION# 0 Meridian Road and Overland Road Stormwater Detention Pond Landscaping, Irrigation, and Fencing ACHD Project No. 504046.01 1. SP -1952 HYDRO -SEEDING RESTORATION This item shall include all costs associated with hydro -seeding restoration in the areas designated on the plans for hydro -seeding restoration. Hydro seeding shall consist of excavating for, furnishing, and installing seed, fertilizer, mulch, and water using the hydro -seeding method. Seed for the storm water detention basin site (seed mix #1) shall be a dry land grass mixture prepared by a local nursery -for the Boise Valley. Grasses Streambank Wheatgrass Columbia Brome Native Slender Wheatgrass Redtop Bentgrass Tufted Hairgrass Pure Live Seed LBS per acre 4 lbs/acre 4 lbs/acre 1 lb/acre 5 lbs/acre I lb/ acre Seed for the road frontage areas (seed mix #2) shall be a standard pasture grass mixture prepared by a local nursery for the Boise -Valley. Grasses Hard Fescue Sheep Fescue Pure Live Seed- LBS per acre 15 lbs/acre 15 lbs/acre Each variety of seed shall be tested seed from the latest crop available, and shall be delivered in standard sealed containers labeled in accordance with State and Federal laws. The label shall show the variety of seed, the -percentage of germination, purity and weed content. All varieties of seed shall have a minimum tested germination of 85% and contain a minimum of 80% pure seed by weight. Seed shall not be agitated in the hydro -seeder over 30 minutes. Fertilizer shall be of any standard brand suitable for use with the hydro -seeding method, furnished in moisture proof bags. Each bag shall be marked with the weight and manufacturer's analysis of the ingredients. Fertilizer shall contain a minimum of 22% available nitrogen. Fertilizer shall be applied uniformly at 440 pounds per acre. Fertilizer shall not be mixed with the seed in the hydro -seeder. Mulch shall be a wood fiber mulch commonly used in the hydro -seeding process. Mulch shall,be applied at a rate of 2,000 lbs/acre. Seeding shall be performed only at times when local weather conditions are favorable for growth, which normally will occur between September 15 and December 31, or February 15 and May 15. The Contractor shall be responsible to protect and maintain the seeded areas until germination, ,including watering if necessary. Construction limits for this item shall be as shown on the plans. Any hydro -seeding restoration required beyond the specified construction limits shall be made by the Contractor at his expense and no separate payment will be made. 504046.01 Special Provisions/l 3/05 9 Topsoil Requiremei ASTM d 5268, ph range of 5.5 to 7, 4 percent organic material minimum, free of stones 1 inch (25 mm) or larger in any dimension, and other extraneous materials harmful to plant growth. Topsoil source: import topsoil from off-site sources. Provide new topsoil that is fertile, friable, natural loam, surface soil, reasonably free of subsoil, clay lumps, brush, weeds and other litter, and free of roots, stumps, stones larger than 2 inches in any dimension, and other extraneous or toxic `matter harmful to plant growth. Obtain topsoil from local sources or from areas having similar soil characteristics to that found at project site. Obtain topsoil only from naturally, well -drained sites where topsoil occurs in a depth of not less than 4 inches. Do not obtain from bogs or marshes. Representative samples shall be tested for acidity, fertility and general texture by a recognized commercial or government agency and copies of the testing agency's findings and recommendations shall be furnished to the architects representative by the contractor. No topsoil shall be delivered in a frozen or muddy condition.:Acidity/alkalinity range - ph. 5.5 to 7.6. Place topsoil in areas where required to obtain thickness as scheduled. Place topsoil during dry weather. Provide additional imported topsoil required to bring surface to finish grade. Compacted topsoil thickness at the following areas: a. Seeded areas: 6 inches minimum or as necessary to achieve even grades with surrounding lawn areas. b. Planter beds: minimum 18 inches Fine grade topsoil to smooth, even surface with loose, uniformly fine texture. Remove ridges and fill depressions, as required to meet finish grades. Finish grade of topsoil shall be 2" below finish grade of pavements areas for sod and 1" for seed. 2. SP -2811 LANDSCAPE IRRIGATION This item shall include all costs associated with installation of an automatic, underground sprinkler system. The work shall include trenching, pipe laying, wiring, head and valve installation, and all other work associated with the irrigation system SYSTEM PERFORMANCE REQUIREMENTS Location of Sprinklers and Devices: Design location is approximate. Make minor adjustments necessary to avoid plantings and obstructions such as signs and light standards. Minimum Water Coverage: Not less than: Hydro -seeded Areas: 100 percent. All flow velocities, within the entire irrigation system, shall not exceed 5 feet per second. Provide wiring diagrams for electrical controllers, valves, and devices. Valve numbers shall reflect station numbers within the controller and shall be noted on the as-builts. Provide an "Operating and Maintenance Manual" that includes the following: Seasonal activities of start-up, shut -down and winterization, including blow-out operation of sprinkler system with compressed air. 2. Backflow preventers, including instructions for testing. 504046.01 Special Provisions/2 3/05 3. Automatic control valves. ` i 5 .bks 4. Sprinklers. 5. Controllers. 6. Irrigation system record drawings. 7. Central control system. 8. Pumping system. I 9. Remote Control. , 1 Comply with 'requirements of'utility supplying water for prevention of backflow and 1 backsiphonage. Comply with appropriated water rights. Installer Qualifications: An experienced Installer with a minimum of five years experience and who has completed irrigation systems similar in material, design, and extent to that indicated , for Project that have resulted in construction with a record of successful in-service performance. Perform site survey, research public utility records, and verify existing utility locations. Verify that irrigation system piping may be installed in compliance with original design and referenced 4 , standards. Verify that pump and well perform as specified. - I Furnish extra materials matching products installed as described below. Package them with protective , covering for storage and label clearly describing contents. 1 1. Quick Couplers: Furnish I additional. 2. Sprinklers: Furnish 2 units for each type installed. 3. Valve Keys: Furnish 1 tee -handle. { 4. Quick -Coupler Hose Swivels: Furnish one for each quick coupler installed. 5. Quick -Coupler Operating Keys: Furnish one for each quick coupler installed. a Provide accurate record drawings on one set of black and white prints of the site plan, all installed work including both pressure and non -pressure lines and pipe sizes. Upon completion of each increment of work, transfer all such information and dimensions to the print. The dimensions shall be recorded in a legible and workmanlike manner. Maintain as --built drawings on site at all times. Make all notes on drawing in pencil (no ball point pen). When the work has been completed, a transfer all information from the field record print to a set of reproducible drawings. Dimension from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavements, etc.). Locations shown on as -built drawings shall be kept day to day as the project is being installed. All ' dimensions noted on drawings shall be 1/8 inch in size (minimum). Show locations and depths of the following items: 1. Point of connection, including Flow Sensor Assembly 504046.01 Special Provisions/3 3105 ° 504046.01 Mine: 4 inch pipe and larger: PVC class 200 with SDR26 rubber gasket fittings. 3 inch pipe: PVC class 200 with SDR26 rubber gasket fittings. 2 '/2 inch pipe and smaller: PVC class 200 pipe with SDR21 solvent weld fittings. 2. Laterals: 4 inch pipe and larger: PVC class 200 with SDR26 rubber gasket fittings. 3 inch pipe: PVC class 200 with SDR26 rubber gasket fittings. 21/2 inch pipe and smaller: PVC class 200 pipe with SDR21 solvent weld fittings. Sleeving: ASTM D 1785, Schedule 40, polyvinyl chloride (PVC) plastic pipe; ASTM D 2466, Schedule 40, PVC plastic, socket -type fittings; and solvent -cemented joints. 3. Refer to Part 3 Article "Piping Applications" for identification of systems where pipe and tube materials specified below are used. 4. Polyvinyl Chloride (PVC) Plastic Pipe: ASTM D 1785; PVC I I20, SDR 21, 200 psig (13 80 kPa) minimum pressure rating, with plain ends. Schedule 40 upstream from controls, as noted on the drawings; Schedule 40 downstream. Pipe and Tube Fittings Polyvinyl Chloride (PVC) Plastic Pipe Fittings: ASTM D 2464, Schedule 80, threaded. 2. Polyvinyl Chloride (PVC) Plastic Pipe Fittings: ASTM D 2467, Schedule 40, socket -type JOINING MATERIALS Solvent Cement: ASTM F 656 primer and ASTM D 2564 solvent cement in color other than orange. VALVES Angle Valves: Bronze construction, non -rising stem, inside screw threaded ends and as noted on the Drawings. Automatic Control Valves: Diaphragm -type, normally closed, with manual flow adjustment, and operated by 24-volt-a.c. solenoid. Quick -Couplers: Factory -fabricated, 2 -piece assembly. Include coupler water -seal valve; removable upper body with spring-loaded or weighted, rubber -covered cap; hose swivel with ASME B 1.20.7, 3/4- I l .5NH threads for garden hose on outlet; and operating key. a. Locking Top: Include vandal -resistant, locking feature with 2 matching keys. Drain Valve: As noted on the Drawings. Isolation Gate Valves: 150# gate valve, epoxy -coated, ductile iron, resilient wedge valve with non -rising stem and inside screw with threaded ends. Mechanical joint or push -on. "Waterous", "American Flow Control" or "Nibco" gate valves or approved equal prior to bidding. Size to match line size. Install in valve box, size adequate for maintenance access. Minimum 15" x 21". Air release valve: 2" air release valve from "Ames" or "Waterman", install in valve box. Control Valve Boxes and Cover: Thermo -plastic valve boxes with lockable, snap -top lids. Size as required for application or as noted on drawings, maximum one (1) valve per box. All boxes shall have purple lids labeled "DO NOT DRINK" in English and Spanish. Special Provisions/5 11111711 M 11 504046.01 1. Age Backfill: Cleaned gravel or crushed stone, graded from 3 inches (75 mm) maximum to 3/4 inch (19 mm) minimum. Cover gravel with layer of filter fabric. Service Boxes for Key -Operated Control Valves: Size and type as shown on Drawings. 1. Include valve key, 48 inches (915 mm) long with tee handle and key end to fit valve. SPRINKLERS Description: Manufacturer's standard sprinklers designed to provide uniform coverage over entire area of spray shown on Drawings at available water pressure, as follows: I . Housings: Plastic, except where material is specified. 2. Pop -Up, Spray: Fixed pattern, with screw-type flow adjustment and stainless-steel retraction spring. 3. Pop -Up, Rotary Spray: Gear drive, full -circle and adjustable part -circle type. AUTOMATIC CONTROL SYSTEM Description: Low -voltage controller system, made for control of irrigation system automatic control valves. Controller operates on 120 volts a.c. building power system, provides 24 volts a.c. power to control valves, and includes stations for at least the number of control valves indicated. Size and type as shown on Drawing. Control system will work in conjunction with a central control system. Irrigation System Controls 1. Controller: As noted on the Drawings. All control wires that are above ground shall be installed in conduit. Electrical wiring shall be installed according to local code. Provide surge protectors install controllers. 2. Controller Housing: Weatherproof, watertight, with lockable access door 3. Valves: Electric Solenoid type and size of control valves as noted on the Drawings, including required fittings and accessories. 4. Wire: Color coded, copper conductor direct burial, OF -UL listed. All control or hot wires shall be red or black. All common or ground shall be white. 5. Central control system: as noted on the drawings Control Enclosures: Weatherproof enclosure with locking cover and 2 matching keys. Enclosure construction complies with NFPA 70 and NEMA 250; Type 4, and includes provision for grounding. All control wires that are above ground shall be installed in conduit. Electrical wiring shall be installed according to local code. Provide surge protectors in all controllers. 1. AG 240 V Surge Arrester: As noted on the drawing. Install in approved J -box next to controller. Install per manufacturer recommendations. 2. MGP -1 Maxi Grounding Plate: As noted on the Drawings. Install with approved grounding per manufacturer's recommendations. Install per manufacturer's recommendations. 3. PT 322 Pulse Transmitter: As noted on the Drawing. Pulse Transmitter is to be installed at ; controller and programmed by an approved "Maxicom" rep. Special Provisions/6 3/05 r 1 I Transformer: Intel -type, and suitable for converting 120 volts a.c. building power to 24 volts a.c. power. Controller Stations for Automatic Control Valves: Each station is variable from approximately 1 to 60 ' w minutes. Include switch for manual or automatic operation of each station. Timing Device: Adjustable, 24-hour, 14 -day clock to operate any time of day. Include provision for the 9 following settings: 1. Setting to skip operation any day in timer period. 2. Setting for operation every other day. 6 a � 3. Settings for operation 2 or more times daily. I,q 4. Include manual or semi-automatic operation without disturbing preset automatic operation. ' 0 5. Provide NI -CAD battery and trickle charger to automatically power the timing device during power outages. Wiring: UL 493, solid copper conductor, insulated cable, suitable for direct burial. 1. Feeder Circuit Cables: Type UF, No. 10 AWG minimum, between building and controllers. 2. Low -Voltage, Branch Circuit Cables: Type UF, No. 14 AWG minimum, between controllers and automatic control valves. Jacket color is other than feeder -circuit -cable jacket color. Furnish cables with jackets of different colors for multiple cable installation in same trench. Install control wire to side of mainline. Where control wire leaves main or lateral line. 3. Splicing'Materials: Pressure -sensitive, waterproof, thermoplastic wire connectors and other materials required to make specified connections. Locate all splice within valve boxes. 4. Use white color for common wire and red or black colors for all other wire. a. Wire to be size # 14 not to exceed 1500 Linear feet before sizing up to #12 wire. b. Add two extra' control wires from panel to valves for use if a wire fails or for future addition, and mark in the control box as extra wire. All extra wires shall be a different color than the other control and common wires. Valve Boxes shall be Carson Industries or approved equal green body with locking lid. Standard rectangular box, model L series 1220-12 with T -cover, for all electrical control valves, 1419-12B. 10" round box for all mainline ball valves, gate valves, and hose bibs. Prior to Construction, investigate and determine available water supply, water pressure, and flow characteristics. Set stakes to.identify proposed sprinkler locations. Obtain Irrigation Designer's approval before excavation. Install piping in sleeves where crossing sidewalks, roadways, parking lots, playgrounds and railroads. 1. Install piping sleeves by boring or jacking under existingpaving, where possible. 2. If it is necessary to cut pavement sections, pavement shall be replaced in cut areas. JOINT CONSTRUCTION AND PIPE INSTALLATION 504046.01 Special Provisions/7 3/05 Threaded Joints: Thread pipes with tapered pipe threads according to ASME B 1.20.1, apply tape or joint compound, and apply wrench to valve ends into which pipes are being threaded. Polyvinyl Chloride (PVC) Piping Solvent -Cemented Joints: Construct joints according to ASTM D 2672 and ASTM D 2855. Handling of Solvent Cements, Primers, and Cleaners: Comply with procedures in ASTM F 402 for safe handling when joining plastic pipe and fittings with solvent cements. b Dissimilar Materials Piping Joints: Consiruct joints using adapters that are compatible with both piping materials, outside diameters, and system working pressure. Refer to "Piping Systems - Common Requirements" Article -for joining dissimilar metal piping. Drawingsindicate general location and arrangement of piping systems. Indicated locations and arrangements were used to size pipe and calculate friction loss, and in other design considerations. Install piping as indicated, except where deviations to layout are approved on coordination drawings. Install components having pressure rating equal to or greater than system operating pressure. Install piping free of sags and bends. Deflections angles shall not exceed manufacturer's recommendations. Locate groups of pipes parallel to each other, spaced to permit valve servicing. Install fittings for changes in direction and branch connections. Piping Connections: Except as otherwise indicated make piping connections as specified below. Install unions, in piping 2 inches (DN 50) and smaller, adjacent to each valve and at final connection to each piece of equipment having 2 -inch (DN 50) or smaller threaded pipe connection. 2. Install flanges, in piping 2-1/2 inches (DN 65) and larger, adjacent to flanged valves and at final connection to each piece of equipment having flanged pipe connection. 3 Install dielectric fittings to connect piping of dissimilar metals. Install underground polyvinyl chloride (PVC) plastic pipe according to ASTM D 2774. Lay piping on solid subbase, uniformly sloped without humps or depressions. Install polyvinyl chloride (PVC) plastic pipe in dry weather when temperature is above 40 deg F (4 deg C). Allow joints to cure at least 24 hours at temperature above 40 deg F (4 deg C) before testing, unless otherwise recommended by manufacturer. Minimum Cover: Provide following minimum cover over top of buried piping: I . Pressure Piping: 24 inches. 2. Circuit Piping: 18 inches. 3. Sleeves: 24 inches. Install piping under sidewalks and paving in sleeves. Back -filling 504046.01 Special Provisions/8 3/05 a k i 504046.01 P In ection: The trenching shall not be backfilled until inspection and pressure testing has b been completed and the pipe installation, including the grade, alignment and jointing has been found to be in compliance with the requirements of the plans and specifications. 2. Around and Over Pipe: a. Select backfill material consisting of sand, fine gravel or select earth, free of large lumps or rocks larger than 3/4 inch shall be used in backfilling around and over the installed pipe. b. The select material shall be obtained from the excavation material removed from the trench and shall be processed by screening, sifting, or selective sorting, so as to produce the type of backfill herein specified. The Contractor may at his option and own expense provide an acceptable imported material. C. Backfill material shall be carefully deposited around and over the pipe in layers not more than 6 inches thick, loose measurement, wetted to optimum moisture content and uniformly compacted to at least 95 percent of the maximum density obtainable at optimum moisture content as determined by AASHTO T99 Method A or D (latest revision), until the pipe has a cover depth of at least 12 inches. 3. Remainder of Trench Backfill: a. The remaining depth of the trench shall be backfilled to existing finish grade, with excavation material removed from the trench, which shall be wetted or dried to near optimum moisture content. k b. Contractor shall be required to repair any settling problems which occur in the trench locations for the duration of the warranty period. All piping less than 3" diameter shall use Schedule 40 socket type fittings Valves: Install underground valves in valve boxes as shown on Drawings Control Valves: Install in valve control valve boxes, arranged for easy adjustment and removal. Install union on downstream side. Maximum (1) valve per valve box. Place 6 inches minimum of gravel below control valves for drainage. Maintain 4 inches minimum between bottom of valves and top of gravel. Place filter fabric barrier between gravel and valves. Valve box shall be free of dirt and debris. SPRINKLER INSTALLATION Flush circuit piping with full head of water and install sprinklers after hydrostatic test is completed. Install lawn sprinklers at manufacturer's recommended heights. 2. Install shrubbery sprinklers at heights indicated. 3. Locate part -circle sprinklers to maintain a minimum distance of 12 inches from walls and 2 inches (50 mm) from other boundaries, unless otherwise indicated. 4. Sprinkler Head Risers: Rotor pop-up sprinkler shall have an adjustable riser assembly (triple swing joint Rainbird TSJ Series or approved equal). Stationary spray pop-up heads > . or shrubs spray heads shall have an adjustable riser assembly (triple swing joint) or low- density polyethylene flex pipe as shown on Drawings details. Triple swing joint fittings w Special Provisions/9 3/05 1 Q d sha*e of Schedule 80 PVC. Flex pipe risers shhbe 12 inch long minimum and 18 inch maximum linear low-density polyethylene pipe with spiral barb fittings and 90 degree ell as shown on details on Drawing. 5. Quick coupling valves shall be installed with an adjustable riser assembly (triple swing joint) and a Leemco quick coupler stablizer, size as necessary. AUTOMATIC CONTROL SYSTEM INSTALLATION Install controllers and controller pedestal according to manufacturer's written instructions and as indicated. Install control and communication wiring in same trench with piping. Where wiring leaves from piping trenches, install wiring.in conduits. Provide 10 inches expansion coil at each valve to which controls are connected, and at 100 ft intervals. Bury wire beside mainline pipe. Where wire leaves pipe, enclose in conduit. Use waterproof wire connectors. Use white or gray color for common wires and black or red colors for all other wires. No control wires shall be placed in thrust blocks. Locate wires on opposite side of thrust blocks. Add two extra control wires from panel to valves for entire length of main line, for use if a wire fails or for future addition, and mark it in the control box as extra wires. Extra wires shall be a different color from all other wires. TRENCHING Trench Size: I . Minimum Depth: as necessary to provide 24" of cover for mainline, sleeves, and wires. 2. Minimum Depth: as necessary to provide 18" of cover for all lateral lines.. 3. Minimum Width: 4 inch pipe and larger — 12 inches. 4. Minimum Width: 3 inch pipe and smaller — 9 inches. Trench to accommodate grade changes and slope to drains. Maintain trenches free of debris, material, or obstructions that may damage pipe. CONNECTIONS Connect piping to sprinklers, devices, valves, control valves, specialties, and accessories. Connect water supplies to irrigation systems. Include back-flow preventers on potable water supplies. Electrical Connections: Connect to power source, controllers, and automatic control valves. FIELD QUALITY CONTROL Perform test of piping and valves before back -filling trenches. Piping may be tested in sections to expedite work. Owner's representative must be present for testing. Make all necessary provisions for thoroughlybleedingthe line of air and debris. 2. Before testing, fill the line with water for a period of at least 24 hours. 504046.01 Special Provisions/10 3/05 1 r 3. A valves have been installed, test all live A ines for leaks at a pressure of 100 psi for a period of two hours, with all couplings exposed and with all pipe sections center - loaded. 4. Furnish all necessary testing equipment and personnel. 5. Correct all leaks and retest until acceptance by the Resident engineer. Installer's Field Service Provide one complete spring start-up and a fall shutdown, including winterization to blow out entire system with compressed air. Change and/or adjust head types for full water coverage as directed. Adjust nozzle spray pattern as required to avoid water spray on building walls, roads or sidewalks. Have all backflow preventers tested by appropriate agency. CLEANING AND ADJUSTING Flush dirt and debris from piping before installing sprinklers and other devices. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. Carefully adjust lawn sprinklers so they will be flush with, or not more than 2 inch (13 mm) above, finish grade after completion of landscape work. Adjust so that sprinklers do not spray on buildings or walls. Adjust settings of controllers and automatic control valves to insure proper watering of all landscaping. DEMONSTRATION Demonstrate to Owner: that system meets coverage requirements and that automatic control functions properly. Demonstrate to Owner's maintenance personnel operation of equipment, sprinklers, specialties, and accessories. Review operating and maintenance information including start up and winterization procedures. Provide 7 days written notice in advance of demonstration. 3. SP -2950 TREES, PLANTS, AND GROUND COVER This item shall include all costs associated with providing and installing all trees specified on the plans. QUALITY ASSURANCE Nursery Qualifications: Company specializing in growing and cultivating the plants with three years experience. Installer Qualifications: Company specializing in installing and planting the plants with three years experience. Tree Pruner Qualifications: Company specializing in pruning trees with proof of Arborist Certification. Tree Pruning: NAA - Pruning Standards for Shade Trees. 504046.01 Special Provisions/11 3/05 Regulatory Requitnts 1 1. Comply with regulatory agencies for fertilizer and herbicide composition. 2. Plant Materials: Certified by state department of agriculture; Described by ANSI Z60.1; free of disease or hazardous insects. I All plants shall be 100% sound, healthy, vigorous, free from .plant disease, insect pests or their eggs, noxious weeds, and have healthy, normal root systems. Container stock shall be well established and free of excessive root -bound conditions. Do not prune plants or top trees prior to delivery. Plant materials shall be subject to approval by Resident engineer as to size, health, quality and character. Resident engineer reserves the right to inspect trees and shrubs either„at place of growth or at site for compliance with requirements. Bare root trees are' not acceptable. MEASUREMENTS Measure height and spread of specimen plant materials with branches in their normal position as indicated on Drawings or, Plant List. Measure caliper of trees 6 inches above surface of ground. Where caliper or other dimensions of plant materials are omitted from Plant List, plant materials shall be normal stock for type listed. Plant materials larger than those specified may be supplied with approval of Resident engineer a. If complying in al l other respects. b. If at no additional cost to Owner. C. If sizes of roots or balls are increased proportionately. Shape and Form - Plant materials shall be symmetrical or typical for variety and species and conform to measurements"specified in Plant List. Provide plant materials from a licensed nursery. DELIVERY, STORAGE, AND HANDLING Deliver, store, protect and handle products to and on site. Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of manufacturer. Protect and maintain plant life until planted. Deliver plant life materials immediately prior to placement. Keep plants moist. PROJECT/SITE CONDITIONS Do not install plant life when ambient temperatures may drop below 35 degrees F or rise above 100 degrees F. Do not install plant life when wind velocity exceeds 30 mph. SEQUENCING AND SCHEDULING Install plant life after and coordinate with installation of underground irrigation system piping and heads. 504046.01 Special Provisions/12 3105 Provide one year *anty that shall include coverage for one continuous growing season; replace plants that are dead, unhealthy, unsightly condition, or that have lost their natural shape due to dead branches or excessive pruning. Replacements: Plants of same size and species as specified planted in the next growing season, with a new warranty commencing on date of replacement. EXECUTION Place plants for best appearance for review and final orientation by Resident engineer. Set plants vertical. Remove non -biodegradable root containers. Set plants in pits or beds, partly filled with prepared plant soil mix. Backfill soil mixture in 6 inch -layers. Maintain plant materials in vertical position. Add fertilizer Type 'C' tablets in plant pit (at 2 full) as per manufacturer's recommendations. Saturate soil with water when the pit or bed is half full of topsoil and again when full. When pit is full, remove and/or loosen burlap, ropes and wires from the root ball. Plants will be rejected if a ball of earth surrounding roots has been disturbed or damaged prior to or during planting. Installation of Accessories 1. Wrap deciduous shade and flowering tree trunks with tree wrap up to first branches. 2. Apply specified pre -emergent herbicide to planting areas after completion of planting areas. Planting areas shall be free of existing weed growth prior to application of herbicide. Apply herbicide in accordance with Manufacturer's recommendations. 3. Place decorative cover mulch over landscape planting bed areas, with a 3" uniform layer of material. Plant Support b 1. Brace plants vertically with plant protector wrapped guy wires and stakes per plans. Maintenance I . Neatly trim plants where necessary. 2. Immediately remove clippings after trimming. 3. Water to prevent soil from drying out. 4. Control growth of weeds. Apply herbicides in accordance with manufacturer's instructions. 5. Apply pesticides in accordance with manufacturer's instructions. 6. Remove grass around base of tree trunk, minimum of 3' diameter. Place decorative cover mulch at the base of the tree trunk with a 3" uniform layer of material. Topsoil Requirements: ASTM d 5268, ph range of 5.5 to 7, 4 percent organic material minimum, free of stones 1 inch (25 mm)lor larger in any dimension; and other extraneous materials harmful to plant growth. Topsoil source: import topsoil from off-site sources. Provide new topsoil that is fertile, friable, natural loam, surface soil, reasonably free of subsoil, clay lumps, brush, weeds and other litter, and free of roots, stumps, stones larger than 2 inches in any dimension, and other extraneous or toxic matter harmful to plant growth. Obtain topsoil from local sources or from areas having similar soil characteristics to that found at project site. Obtain topsoil only from naturally, well -drained sites where topsoil occurs in a depth of not less than 4 inches. Do not obtain from bogs or marshes. Representative samples shall be tested for acidity, fertility and general texture by a recognized commercial or government agency and copies of the testing agency's findings and recommendations shall be furnished to the architects representative by the contractor. No topsoil shall be delivered in a frozen or muddy condition. Acidity/alkalinity range - ph. 5.5 to 7.6. 504046.01 Special Provisions/13 3/05 Place topsoil in a're'35'where required to obtain thickness as Aelduled. Place topsoil during dry weather. Provide additional imported topsoil required to bring surface to finish grade. Compacted topsoil thickness at the following areas: a. Seeded areas: 6 inches minimum or as necessary to achieve even grades with surrounding lawn areas. b. Planter beds: minimum 18 inches Fine grade topsoil to smooth, even surface with loose, uniformly fine texture. Remove ridges and fill depressions, as required to meet finish grades. Finish grade of topsoil shall be 2" below finish grade of pavements areas for sod and 1 " for seed. 4. SP 20030 FENCING All fencing shall be "Blackline" Model BLI-2, Black PVC Fence with aluminum stiffeners or approved equal. Fence shall be 72" in height from finish grade. Gates shall be sized as shown on plans. This item shall include all costs associated with providing and installing fencing, including pickets, rails, posts, caps, excavation, concrete footings, and anchorage, as shown and specified on the plans. QUALITY ASSURANCE Manufacturer Qualifications: Company specializing in the manufacture of vinyl or aluminum fencing with a minimum of 10 years experience. Installer Qualifications: Company specializing in installing fencing and manufacturing gates with a minimum of 5 years experience Regulatory Requirements I . Comply with regulatory agencies for fencing. -All material shall be 100% sound, undamaged and new. Used material is not allowed' Materials shall be subject to approval by Resident engineer as to quality and character. Resident .engineer reserves the right to inspect all material for compliance with requirements. SUBSTITUTIONS Substitutions to the specified equipment will be permitted with the express written approval of the Resident engineer. Substitutions will be approved only when the substituted item is equivalent or better in quality and performance than the item originally specified. The final determination for "equivalents" rests with the , Resident engineer. Their decision shall be final and binding. DELIVERY, STORAGE, AND HANDLING Deliver, store, protect and handle products to and on site. Protect all material from damage until installed. Deliver materials immediately prior to placement. PROJECT/SITE CONDITIONS Do not install fencing when wind velocity exceeds 30 mph. Do not install fencing until grading work is complete SEQUENCING AND SCHEDULING 504046.01 Special Provisions/14 3/05 + x Coordinate with ins motion of underground irrigation system pip and heads and finish grading. MATERIALS The fence shall be constructed with materials made of rigid Aluminum or Poly Vinyl Chloride (PVC) with internal aluminum stiffeners, formulated to resist impact and Ultra Violet (UV) breakdown. Rails, Pickets, Posts Are cut to specific lengths as required for style specified Rails are routed to receive pickets Posts are routed to receive rails at correct heights Stiffener Channel All rails, pickets, and posts shall be rigid aluminum or PVC with aluminum stiffeners for additional strength. Post Caps Caps are aluminum or PVC molded Gates Gates shall be manufactured to the specified size utilizing fence panels identical to the ones being used for the fence. Gates frames shall match the fence color and material if possible, and shall be fabricated by material that will eliminate sagging of the gate. Nuts, Bolts, Washers and Screws: Stainless steel Screw heads are painted black to match hinge Black acorn nuts and washers are used for safety and aesthetics Screw heads are covered using a UV stabilized, molded two part snap cap Contact manufacturer for Post & Rail hardware SUBMITTALS Submit the following for approval prior to bid: Manufacturer's technical literature with fence and gate installation instructions. Shop drawings showing fence and gate design including footings for line posts, end posts and gates. INSTALLATION Per manufacturers recommendations. All line posts shall be set in concrete. End and gate posts shall be reinforced with 2 #4 reinforced rebar and concrete mix. Size of footings shall be per manufacturer's recommendations. No sagging or leaning is acceptable. Gates footings shall be sized and installed to maintain a level gate for the life of the fence. DO NOT INSTALL FOOTINGS IN LOOSE BACKFILL. WARRANTY Manufacturer's Warranty: All material shall have a lifetime limited warranty provided by the manufacturer. Installation shall be warranted for a period of one year from final completion 504046.01 Special Provisions/15 3/05 u 11 r � End of Special Provisions I 504046.01 Special Provisions/16 3/05 I I IK 11 • 6, SPECIAL PROVISIONS Meridian Road and Overland Road Stormwater Detention Pond Retrofit ACHD Project No. 504046 GENERAL NOTES: 1. BASIS OF PAYMENT Except as modified herein, the various work called for on the Bid Schedule will be performed, measured, and paid for as indicated on said Bid Schedule and as provided in the 1999 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION (ISPWC) and the 2003 ACHD Supplemental Specifications. The Contractor is required to be a current holder of the 1999 ISPWC with 2003 adopted supplementals. Any work required to complete the project but not specifically included in a bid item shall be considered incidental to the project and no separate payment shall be made. 2. ACCESS TO PROJECT Local access to the adjacent properties shall be maintained at all times. This shall include all emergency vehicles, school buses, and property owners. 3. TRAFFIC DURING CONSTRUCTION 4 During construction operations, local barricading and flagging could be necessary within the construction limits. All flagging as required shall be incidental to and included in other items in this contract. 4. CONSTRUCTION SITE TRAFFIC CONTROL All cones, flashers, steady burn lamps, delineators, or other traffic control devices which are not specifically bid items are considered incidental items and shall be included in the unit price bid for other items. 5. COORDINATION WITH UTILITIES It shall be the contractor's responsibility to contact, work with, and coordinate his work with the various utility companies. This coordination effort shall include, but not limited to, working other than normal operation hours to permit the relocation of the utilities and construction of the roadway within the time frame of this contract. Any extra effort required shall be incidental to the contract and no separate payment will be made. Contractor is to coordinate with utilities to schedule construction windows. Utility adjustments, relocations or replacements may not be completed prior to construction. The Contractor shall coordinate and accommodate work with Utility Companies. Utility coordination was requested through ACHD during the design of this project. * 504012 SPECIAL PROVISIONS SP 1 Utility information is shown only for surface features, and if provided by the owner of the utility for non -surface features. The information shown is shown for reference purposes only and does not necessarily represent actual field conditions. The Engineer assumes no liability for the accuracy of the information shown, or conflicts due to inaccurate or incomplete utility information. The Contractor shall call Dig Line a minimum of, 48 hours prior to any excavation to request utility locations at 1-800-342-1585. The Contractor shall conform to the requirements outlined in Section 13, Protection of Existing Structures, Utilities, and Work, of the General Conditions. It shall be the Contractor's responsibility to field verify the location of all utilities that may be affected by the construction activities. This effort shall be incidental to other items for work. 6. UTILITY RELOCATIONS Any utility relocation requested by the contractor to accommodate his construction sequence and activities shall be done at the contractor's expense. The cost of this work, if any, shall be considered incidental to the cost of the project and no additional payment or time extension will be made. 7. DAMAGE BEYOND CONSTRUCTION LIMITS Damage to any area or items outside the construction limits of this project, including the existing pavement, shall be properly repaired by the Contractor. The cost to complete such repairs shall be considered incidental to the cost of the project and no additional payment will be made therefore. 8. SAW AND WHEEL CUTTING. All cutting of existing asphalt pavements shall be incidental to other items of this contract. Asphalt shall be cut by saw -cutting or wheel -cutting. 9. BASIS OF QUANTITIES Unless otherwise specified herein, all quantities are based upon in-place, completed, and accepted units. 10. COORDINATION WITH NAMPA-MERIDIAN IRRIGATION DISTRICT It shall be the Contractor's responsibility to contact, work with, and coordinate his work with Nampa & Meridian Irrigation District. Nampa & Meridian Irrigation District: John Anderson (208) 466-0663 11. RE -TESTING Re -testing necessitated by the failure of quality assurance testing of materials placed by the contractor shall be at the contractor's expense. These costs shall be deducted from 504012 SPECIAL PROVISIONS SP 2 Im progress estimates. 12. SCHEDULE The contractor is responsible for preparing a construction schedule in the form of a bar chart showing a critical path. Updates shall be submitted on the 1 st and 15th of each month. All costs incurred by the contractor in preparing, updating, and maintaining the schedule shall; be incidental to all other bid items. REVISIONS TO THE ISPWC:'' 1103 CONSTRUCTION TRAFFIC'CONTROL t 1103.4.1" .A MEASUREMENT AND PAYMENT Add the following to paragraph A: This item shall include all work and ancillary items associated with Construction Traffic Control except for other construction traffic control signs, barricades, and drums specifically identified as Bid Items. This item includes flaggers, - maintenance, tubular markers, and beacons if needed for the work. Informational, signs with flashing beacons are paid for under Item 1103.4. I.A.I, Construction Traffic Control. SPECIAL PROVISIONS: SP 605 POND. OVERFLOW STRUCTURE This item shall include all costs associated with the construction of the concrete pond overflow structure at the location shown and as detailed on the construction plans. All [work shall be constructed in accordance to related sections of the ISPWC. Included in this item, but considered incidental to the construction of the structure and for which no separate payment will be `m_ the following: a) Removal of the existing pond side located Rip -Rap and replacement on the outlet side of the overflow weir. b) All excavation, backfill, and compaction. c) Placing, grading, and compacting VA inch Minus Crushed Aggregate Type 1. d) Furnishing, placing, and finishing Class CL -3000 Concrete. e) All work, equipment, and materials necessary for creek diversion including barriers and reinforced plastic as detailed in the 404 Permit. Payment for this item shall be made under: SP -605 - Pond Overflow Structure........................................Lump Sum Basis (LS) 504012 ' SPECIAL PROVISIONS SP 3 a r SP 1450 — CURB MODIFACATIONS This item shall include all costs associated with the cutting and removing the existing concrete curb and the construction of a 3" mountable asphalt curb at the location shown on the plans. Provide all labor, materials, and equipment as required to construct curb modifications including but not limited to, cutting and removal of existing concrete curb, equipment, labor and all incidental work and appurtenances. Material: -Asphalt used in the curb shall conform to ISPWC Section 803. Construction: Remove curb back to a joint in the existing curb or make a saw cut in the curb to obtain a clean edge for the joint between the new and old curb. Do not lay the new asphalt curb up to a rough or irregular broken edge of existing curb. Construct the new curb to a height of 3". Measurement for this item shall be by the linear foot of curb replaced as measured along Overland road. Payment for this item shall include all work to curb modifications. Payment for this item shall be made under: SP -1450 — Curb Modifications .................................................Linear Foot (LF) SP 1551— STORM BASIN FILTER SAND This item shall include all costs for furnishing and installing storm basin filter sand as shown or as detailed on the plans at the location shown on the plans. Filter sand shall conform to the gradations requirements of ASTM -C-33 (less than 2% may pass the 200 sieve). Provide all labor, materials, and equipment as required to construct the storm basin filter sand, including but not limited to, excavation, backfill, equipment and labor and all incidental work and appurtenances. Measurement for this item shall be by the cubic yard compacted in place. Payment for this item shall include all work to construct the storm basis filter sand Payment for this item shall be made under: SP -1551— Storm Basin Filter Sand ........................................Cubic Yard (CY) SP 1555 — GROUND WATER MONITORING WELL This item shall include all costs for furnishing and installing a ground water monitoring well as shown or as detailed on the plans at the location shown on the plans. Provide all labor, materials, and equipment as required to construct the ground water observation well, including but not limited to, excavation, backfill, concrete work, reinforcement, hardware, metals and all incidental work and appurtenances. d 504012 SPECIAL PROVISIONS SP 4 1u 0 • Measurement for this item shall be by lump sum complete in place. Payment for this item shall include all work to construct the ground water monitoring well. Excavation, backfill, fabric aggregate and pipe shall also be included in the lump sum price for the structure. f Payment for this item shall be made under: SP -1555 — Ground Water Observation Well ...........................Lump Sum Basis (LS) SP 1557 — POND INLET STRUCTURE This item shall include all costs for furnishing and installing a pond inlet structure as shown or as detailed on the plans at the location shown on the plans. Provide all labor, materials, and equipment as required to construct the pond inlet structure, including but not limited to, excavation, backfill, concrete work, reinforcement, hardware, metals and all incidental work and appurtenances. All work shall be constructed in accordance to related sections of the ISPWC. Item shall include a loose rip -rap apron being 6 feet wide, 10 feet long and 12 inches in depth as shown in the details. Measurement for this item shall be by lump sum complete in place. Payment for this item shall include all work to construct the inlet structure and the barrier rack. Excavation, backfill, and pipe connections for the structure shall also be included in the lump sum price for the structure. Payment for this item shall be made under: SP -1557 — Pond Inlet Structure ........................................Lump Sum Basis (LS) SP 1559 — EXISTING INLET & OUTLET STRUCTURE MODIFICATIONS This item shall include all costs for modifying an existing pond outlet as shown or as detailed on the plans at the location shown on the plans. Provide all labor, materials, and equipment as required for the outlet structure modifications, including but not limited to, excavation, backfill, concrete work, reinforcement, hardware, metals and all incidental work and appurtenances. All work shall be constructed in accordance to related sections of the ISPWC. Item shall include a loose rip -rap apron being 6 feet wide, 10 feet long and 12 inches in depth as shown in the details. Measurement for this item shall be by lump sum complete in place. Payment for this item shall include all work to for the outlet structure modification. Payment for this item shall be made under: SP -1559 — Existing Inlet & Outlet Structure Modifications .........Lump Sum Basis (LS) M 504012 SPECIAL PROVISIONS SP 5 pp SP 1615 — CAP & MARK PIPE This ,item'shall include all costs for furnishing and installing a pipe "cap and marker as shown or as detailed on the plans at the location shown on the plans. Provide all labor, materials, and equipment as required to install the cap for the future stub pipe, including but not limited to, excavation, backfill, hardware, metals and all incidental work and appurtenances. Item shall include placement of a 21" Taylor Made non -pressure plug or equivalent, and a Carsonite flexible utility marker. being 3.8" wide, 72" long, white in color placed at the exact location of the stubbed out pipe as mentioned in SP -1557. Measurement for this item shall be by lump sum complete in place. Payment for this item shall include all work to cap the inlet structure and place the flexible marker. Excavation, backfill, pipe cap, and marker for the structure shall also be included in the lump sum price for the structure. Payment for this item shall be made under: SP -1615 — Cap & Mark Pipe ........................................Lump Sum Basis (LS) k SP 1822 — ASPHALT ACCESS APPROACH This item includes all work associated with the asphalt access approach consisting of hot plant mix asphalt concrete pavement consisting of 12 inches of 3/ -inch minus crushed aggregate base course and 3 -inches of hot plant mix asphalt pavement to the limits shown on the plans. Hot plant mix asphalt shall be constructed in accordance with Section 800of the ISPWC Specification and shall be a standard 3—inch plant mix approved by ACRD. All work required to complete this work including excavation, base gravel, hot plant mix pavement, shoulder repair and all other work shall be included in the bid price for this item. Payment for this item shall be made under: SP -1822 —Asphalt Access Approach ........................................Square Yard (CY) SP 1835 — GRAVEL ACCESS ROAD This item shall include all costs a gravel access road as shown or as detailed on the plans at the location shown on the plans. Material: Aggregates used in the gravel access road shall conform to Section 802 for Type l aggregate. Construction: Construct gravel access road at the locations shown on the drawings. The thickness of the aggregate shall be twelve inches (12"). 504012 1 SPECIAL PROVISIONS SP 6 Measurement for this item shall be by cubic yard compacted in place. Payment for this item shall include all work to construct the gravel access road. Payment for this item shall be made under: SP -1835 — Gravel Access Road ........................................Cubic Yard (CY) SP 1985 — ABANDON MONITORING WELL This item shall include all costs to abandon the existing monitoring well as shown on the plans at the location shown on the plans. Provide all labor, materials, and equipment as required to abandon monitoring well, including but not limited to, excavation, backfill, concrete work, and all incidental work and appurtenances. Abandon monitoring well by excavating to subgrade, cutting and removing pipe and materials above grade, then fill remaining below grade well with concrete grout. Measurement for this item shall be by lump sum complete in place. Payment for this item shall include all work to abandon monitoring well. Payment for this item shall be made under: SP -1985 — Abandon Monitoring Well..................................Lump Sum Basis (LS) SP 2216 - STORM WATER MANAGEMENT This item shall include all costs associated with implementing the requirements of the National Pollutants Discharge Elimination System (NPDES) as issued to the Ada County Highway District by the EPA. This item to include all costs associated with preparing an ACHD Construction Site Discharge Control (CSDC) Plan for review and approval by ACRD, implementing said plan, and making required changes during the length of the project. The removal of all temporary construction Best Management Practices (BMPs) after completion of all required work to -final stabilization is also included in this item. The required ACHD CSDC Plan shall meet the CSDC Program requirements listed in Sections 8305 and 8306 of the ACHD Policy Manual. The CSDC Plan shall include measures to protect the existing ACHD storm drain systems inside and outside the project boundaries from mud, dust, debris, and other pollutants generated or transported due to this project. All measures will also be implemented to protect any "Waters of the United States" inside or outside of the project boundaries. "Pollutants" are defined in Section 8302 of the ACHD Policy Manual. BMPs for controlling pollutant transport from the construction site and activities can be found in a number of publications and locations including, but not limited tb: • Idaho Department -of Environmental Quality, Catalog of Storm Water Best Management Practices for Idaho Cities and Counties: Phone: (208) 373-4372 or in the internet: http:/www.deq.state.id.us/water/stoniiwater-catalog/index.asp 504012 SPECIAL PROVISIONS SP 7 • United States Environmental Protection Agency- Region 10: Phone: (800) 424-4372 or r , on the internet at: www.epa.gov/rIOearth/ston-nwater.htm • Boise City Planning and Development Services: Phone (208) 395-7818 ,1 • Idaho Transportation Department, Erosion and Sediment Control Manual: Phone (208) , 334-8476 Payment for this item shall be made under: SP -2216 — Storm Water Management .................................Lump Sum Basis (LS) w a t Mn 504012 SPECIAL PROVISIONS SP 8 r 3 1 9 q� 4 C t MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE } w 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 -b ' iz day of 1 LL., 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 r County, Idaho, except State highways and freeways; and B. ACHD 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 40-1415(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 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 r. r r 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 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. 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 ACHD Storm Water Drainage Facility and/or install landscaping and/or landscape irrigation system. 1.6 "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 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 WATER DRAINAGE FACILITIES 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 irrigation 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 this1isfwill be amended from time to time to cover additional storm.water MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 2 ME 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 B. 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 irrigation 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 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. 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 11 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 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 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 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 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 Party") and the Indemnified Party's respective officers, boards, MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 4 0 } b.A 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 3 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 ACHD Property for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACRD 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: a. 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 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 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 ability 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 sole 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 4 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. a k MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 5 s 0 0 4.5 Fee. 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 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 p erformance b y L icensee o f t he maintenance r equired 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, 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 Improvements. If during the term of this License, ACHD 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, 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 0 R arising out of the' failure or, neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the ACHD 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 ` f day of FQQ ; ', 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 Act 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, stateor 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 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. 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 • 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 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 overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACRD: 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 - % Cltht 1-r -PAcA e. Attn: Doug Strong, Park Director 33 E. Idaho -treat 1�ve eLz Meridian, Idaho 83642 Telephone No. (208).4- 066-4-M Facsimile: (208)-89501 888 - ¢Z�B 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. w IN WITNESS THEREOF, the -parties have caused this Master Agreement to be executed on the first date written above. ITY OF MERIDIAN le W4wtd, Mayor Jerk MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 8 M M c A COU TY HIGHWAY DISTRICT i o n S. Franden, President EXHIBITS: Exhibit A — ACHD Storm Water Drainage Facilities Exhibit B — City Approved Design Standards Exhibit C — Pest Management Log n MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 9 I' I� I r !E !! ! p I C F 9 f ! �N MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE - 9 MASTER AGREEMENT AND LICENSE 'FOR LANDSCAPE MAINTENANCE EXHIBIT A w a , ACHD Storm Water Drainage Facilities Covered by the Master Agreement Jr: 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. A' . i 4 u V V 5 4 3 EXHIBIT A A MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE EXHIBIT B 11!.2 /240 16.-51 FAX 208 Bs 1 1 MERIDI-kN P&Z DEPT, s a a it w �o: CITY OF 4' MERIDIAIV ] d +f i kr * f Zoning C. Memo i Ta 'Dale Kuperus, ACHD Doug Russell, The Land Group , a �- C Anna Canning; Planning Director Ehmm Steve Siddoway r Dates 11.29,04 •o c= Storm Drainage pond Design Following is a list of design standards For ACHI stormwater standards were discussed ,at a reccnt.joinf meeting between other A the City of Meridiem, These Mcridan City Council: Commission and the 1. Street Buffer Lan r ng a. Full Width requited 'L 9 i. Interstate 84: 50 feet t ii. Rnt7W'ay Cori=idors: 35 feet '� n Arterial Roads: 23 fees u iv Collector. Roads: 20 feet V- Local Loads: 10 feet b. Onetree per 35 lineal feet, 2" caliper minimum_ c. LGw maintenance ground cover (i.e. Red P'esc ue, substitute). Kinniekiranick, or other lau-n 2, Internal Landscaping a, F11117 vegetated (cky land grasses OK) b. One tree per $,000 s.F. 3_ Pond Design. 4 a. No gravek rock, or cobble fac-acas map be designed as a dr creek bed or other design Feature. b. SIoPZts trust be less than 3:1 (horizontahveciical). C. Exposed -rock area for a, sump inlet should not exceed five Feet in any 'horizontal a direction. , F d. Plant materials must be selected that arc able to withstand the changes in soil ' � moil tures e, Nfukh sh6uld not be usedst drain clogging, match basins due t4 potential sediment Wig• � r F. Open water ponds and holding areas are prohibited unless designed as a recirculating , a It water fc .ture Through the Altern Ordative CO111Ph nce section of the Landscape J aE rrtatzee. C _ E EXHIBIT'B, Page -1 of 2 �t �e a 113/2001 16:51 FAX 208�6€ . ) biEPIDIAU-N PAZ DEPT. e00? r R i. �• tYii stcrrrcvv�zer �aci7itY�;, must be desigrted`to bc' L�-cc, cit:ail� z;,, • `4 f within 24 hcu of n storm event. ith no standi-,g wate 1. Br fr2rs Pet�veen end Uses. L a. I`the above is carzgplied With, no buFer between land uses -wRJ be, requirid. Other- The Camprehensivc Kan depicts required locadons for 70-foot Md' ti-Use Pathwa :s_ If Proposed storm drainage site includes a pathway' on the Comprehensive Plan, the } the accommodated. At the Overland/Meridian site, the Co:nprehe sive Plan shows th�iy must be col'sttuc.-tcd along the Ten Mile Crock. Hc, ever, at a joint staff v meeting pathway to be :geed that tine pathway cUu1d be s g earlier this year, it was p hilted Etorri the creel: alignrncnt to a 10-loaf detached sidewalk (asphalt or Concrete C?k alo.n, p,T F Road, XVC are already �rotl�ing with several projects south of Overland to condnue the pathway along Tc� Mile Creck south t interse�etion. �rn the Over-I•a id/lMeridian x. a r EXHIBIT B, Page 2 of 2 a } MASTER AGREEMENT AND LICENSE FOR LANDSCAPE MAINTENANCE EXHIBIT C a V r R Pr ,aloft. p mm�m anagement L )C D Egg o - Y - F6' , — ZlyO-pe L EXHIBIT C, Page 1 of 4 Pest iftana event, Action and rr'bffaw Up Date/Time Problem was found: f Person Reporting Problem: Contact Information: (nonACHD employees) g Responding Employee: 9 . Nature/Location of Problem: b Corrective Actions: t a Pesticide Use, if applicable (log all'applications of pesticide's, herbicides, fertilizers):11 Date/Time of Application: Pesticide Name: s EPA Reg. Number: Active Ingredients: I Application Method: C g y Concentration & Quantity: 3 Area Treated (Approx size in Sq. feet and location):". Target Pest: ; Follow Up f Date of Follow Up:- Follow Up Findings: s 'x Any Additional Actions Taken & Results: *! 4 EXHIBIT C, Page 3 of 4' Last upd-cied 10/1,5101 =a t x =a 0j t A� �i eeen ICL �0 0v -s even CL ,mw Vi AA� \r !N► v®e p®v CL ®CL Ne 0 (a 4 I _rt O O N ' D a O � O� } I XZ CD y -0 Z CD O Q0 0 m DL CD `CD D D CD O C. o 0 O A �2(D a m � Oto � O CD EXHIBIT C, Page 4 of 4 0j t A� �i eeen ICL �0 0v -s even CL ,mw Vi AA� \r !N► v®e p®v CL ®CL Ne 0 (a 4 I 3 u. 41 n 7 n D D r r n T Li r ' Y 1 I 1 0�wCITY OF i cnaia-n 33 E. Idaho Ave. y Meridian, ID 83642 Fc e SFR 6TREASURE VM1SINCE 1903 k Date 0 Applicant 7 Address Phone fan QUAN. CH5K # NAME ON CHEC IF DIFFERENT THAN APPLICANT - 1 7H] DESCRIPTION AMOUNT i , 1 , � � I 1 , 1 i , , i , i , i 1 , , , I 1 , , PAYMENT DOES NOT INDICATE ACCEPTANCF OF APPLICATION TAX 5469 RY eceive TOTAL 94760 e,/fLQIL,eow