HomeMy WebLinkAboutBureau of Reclamation Arrowrock Divisioin Can Ada Lift Station Mayor Robert E. Simison
EAIDICity Council Members:
1� Luke Cavener, President
C� Liz Strader,Vice President
D A H O Brian Whitlock
Doug Taylor
John Overton
Anne Little Roberts
TO: Mayor Robert E. Simison
Members of the City Council
FROM: David Briggs, P.E., P.M.P.
DATE: July 2, 2024
SUBJECT: CAN ADA LIFT STATION & GRAVITY LINE - LICENSE AGREEMENT
FOR BUREAU OF RECLAMATION INSTALLATION OF GRAVITY
SEWER LINE AND FORCE MAINS UNDER NINEMILE CREEK IN
CANYON COUNTY.
REQUESTED COUNCIL DATE:
I. RECOMMENDED ACTION
A. Move to:
1. Authorize the Mayor to sign the license agreement
II. DEPARTMENT CONTACT PERSONS
David Briggs, P.E., P.M.P., Staff Engineer II 208-489-0347
Clint Dolsby, P.E., Assistant City Engineer 208-489-0341
Warren Stewart, City Engineer 208-489-0350
Laurelei McVey, Director of Public Works 208-985-1259
III. DESCRIPTION
A. B ack_r
The City of Meridian 2017 Collection System Master Plan (CSMP) identified the
Can Ada Lift Station (LS) as a future regional lift station required to serve the full
build out of the master plan study area. The LS will be located southeast of the
intersection of N. Can Ada Rd. and W.McMillan Rd.The City obtained a 1.6-acre
Page I of 2
site for the LS in 2022. This LS and associated infrastructure are necessary to
service growth in a four-square mile area(previously the Fields District),including
the proposed Cole Valley Christian School.
B. Proposed Project
Installation of two (2) pressure sewer force mains and one (1) gravity sewer line
crossing the Ninemile Creek (aka Fivemile Creek) in Canyon County, Idaho.
C. Consultant Selection
N/A
IV. IMPACT
A. Strategic Impact:
This project meets our mission requirements to identify and prioritize work to
anticipate,plan and provide public services and facilities that support the needs of
our growing community and ensure modern, reliable facilities while maintaining
financial stewardship.
B. Service/Delivery Impact:
Providing a lift station at the intersection of Can Ada Rd and McDermott Rd is
keeping in line with the approved sewer master plan and allows for current demands
and future plans for this area.
V. ALTERNATIVES
No alternatives to this project at this time.
VI. TIME CONSTRAINTS
Council's approval will allow this project to continue and allow for this LS to be
constructed which will serve future communities and the future Cole Valley Christian
School.
V1I. LIST OF ATTACHMENTS
United States Department of the Interior, Bureau of Reclamation, Snake River Area
Office, License Agreement, Contract No. 24-07-11-L6065, dated June 26, 2024
Approved for Council Agenda:
Page 2of2
RETURN TO: Contract No.24-07-11-L6065
Bureau of Reclamation
Attn:MSF 6112
230 Collins Road
Boise,ID 83702
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Arrowrock Division,Boise Project,Idaho
LICENSE AGREEMENT
THIS LICENSE AGREEMENT,hereinafter referred to as License,made the_No day of
vA , 2024, pursuant to the Act of Congress approved June 17, 1902 (32 Stat. 388; 43
U.S.C. §391), and acts amendatory thereof or supplementary thereto, collectively referred to as the Federal
Reclamation Laws, specifically, Section 10 of the Reclamation Project Act of August 4, 1939 (53 Stat. 1187,
as amended by 53 Stat. 1196),between the UNITED STATES OF AMERICA,hereinafter called the United
States, by and through the Bureau of Reclamation, Department of the Interior, hereinafter referred to as
Reclamation,and THE CITY OF MERIDIAN,hereinafter referred to as Licensee;and
WITNESSETH,THAT:
WHEREAS,the United States,through the Bureau of Reclamation,Department of the Interior,
pursuant to Federal Reclamation Laws,acquired certain lands for the Arrowrock Division of the Boise Project,
hereinafter referred to as the Project;and
WHEREAS, the United States has contracted with the Pioneer Irrigation District, hereinafter
referred to as the District, to operate and maintain the project facilities constructed thereon identified as the
Ninemile Creek; and
WHEREAS,the Licensee desires to utilize a portion of such land for the purpose of
constructing and installing,operating and maintain two pressure sewer force mains and one gravity sewer
line, a minimum of 10' under and across the Ninemile Creek; and
WHEREAS, the use of the land for the purposes described herein, under the terms and
conditions hereof,will not interfere with requirements of the Project.
NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter
stated,the parties hereto do mutually agree as follows:
1. GRANT OF LICENSE and LICENSE AREA
Subject to the terms and conditions of this License,the United States does hereby grant to the
Licensee, or its successor in interest, an authorization to construct, operate, and maintain two pressure sewer
force mains and one gravity sewer line, a minimum of 10' under and across the Ninemile Creek.The use area
is 25 feet wide by 120 feet long and contains .069 acres,more or less, located in a portion of the Government
Lot 1, Section 31,Township 4 North,Range 1 West,of the Boise Meridian,as shown on the attached Exhibits
UA:Contract No.24-07-11-1,6065,City of Meridian. Page 1 of 9
A and B by this reference made a part hereof.
2 . FEES
The Applicant has provided an application to obtain this Use Authorization in conformance
with Title 43 of the Code of Federal Regulations , Part 429 and a payment of $ 100 . 00 for the application fee .
In accordance with accordance with 43 CFR 429 . 26 (a) (4) , administrative and use fees are being waived .
However, Reclamation reserves the right to recover additional and related administrative costs if the need
arises for monitoring, to ensure compliance with the conditions noted above .
3 . TERM
The term of this License shall be twenty (25 ) years from the date hereof, unless sooner
terminated as hereinafter provided .
4 . SPECIAL STIPULATIONS
Licensee agrees as follows :
Licensee agrees that the construction, installation, operation and maintenance (O &M) shall be conducted as
follows :
a. Applicant shall coordinate with the District at least 7 days prior to the onset of
implementation/construction . This office can be reached at (208 ) 459 - 3617 .
b . Any activity deemed to be illegal on federal lands will be cause for immediate termination of
the License .
c . Licensee ' s structures shall be constructed, operated and maintained by the Licensee , or its
successor in interest, without cost to the United States or its agents , successors , and assigns , and in such a
manner as to cause no interference with the normal operation of project facilities . All construction,
reconstruction and maintenance work performed by the Licensee upon the premises of the United States shall
be undertaken only at times , according to plans , and in a manner satisfactory to the Reclamation .
d . At the completion of the work authorized in this License the facility and appurtenant works
shall be restored by , or at the expense of the Licensee to a condition at least as good as before the work was
accomplished .
e . Any alteration in design of the facilities to be constructed, or any alteration, modification, or
reconstruction of facilities , once the original work is accepted by Reclamation, its successors or assigns , must
be approved in writing prior to commencing any work on facilities in the area subject to this License .
f. Applicant acknowledges and agrees that this License is not and shall not be interpreted as , the
authorization of any other use , encroachment or activity upon Project facilities or land except as expressly
stated herein . In addition, the License shall not in any way be construed as authorization to construct, install ,
or modify of any facilities , which would permit, allow or enable discharge of storm water run- off into the
facilities or works of the United States or the Board/District . Notwithstanding anything to the contrary
contained in this Use Authorization, neither the United States nor the Board/District approves , authorizes ,
permits , allows , or accepts any non- agricultural stormwater discharge into any facility owned, operated,
UA : Contract No . 24 - 07- 11 -L6065 , City of Meridian . Page 2 of 9
x
and/or maintained by the United States or the Board/District, whether it be through a pipe, conduit, culvert,
canal, lateral, drain or other ditch, or surface or ground water, absent the United States' prior written
permission and Board's/District's concurrence per Reclamation regulations and policy. Applicant
acknowledges that the authorized works identified in this License does not permit nor allow any
nonagricultural water discharge to enter the facility.
5. NON-EXCLUSIVE RIGHTS
The rights granted by this License are nonexclusive and are subject to all existing valid rights
previously acquired by third parties, which include any person or private or public entity not a party to this
License.
6. UNRESTRICTED ACCESS
The United States officers, agents, and employees shall at all times have unrestricted access
and ingress to,passage over, and egress from all of said lands,to make investigations of all kinds, dig test pits
and drill test holes,to survey for and construct reclamation and irrigation works and other structures incident
to Federal Reclamation Projects, or for any purpose whatsoever. Reclamation will make every reasonable
effort to keep damages to a minimum.
7. HOLD HARMLESS
a. The Licensee, or its successor in interest, agrees to indemnify the United States for, and hold
the United States and all of its representatives harmless from, all damages resulting from suits, actions, or
claims of any character brought on account of any injury to any person or property arising out of any act,
omission, neglect, or misconduct in the manner or method of performing any construction, care, operation,
maintenance, supervision, examination, inspection, or other activities of the Licensee.
b. The United States and District,their officers, agents, and employees and its assigns shall not
be held liable for any damage to Licensee's improvements or works by reason of the exercise of the rights here
reserved;nor shall anything contained in this paragraph be construed in any manner limiting other reservations
in favor of the United States contained in this License.
8. PROTECTION OF UNITED STATES INTERESTS
The Licensee, or its successor in interest, shall construct, operate, and maintain its structures
in a good workmanlike manner, as determined by Reclamation, to ensure that the authorized uses are
compatible with the Reclamation purposes for which the land was acquired, and to protect the interests of the
United States. The Licensee,or its successor in interest,shall insure compliance with all laws,regulations,and
orders of the United States, and any other public authority affecting such works.
9. TERMINATION
This License,a use authorization,will terminate and all rights of the Licensee,or its successor
in interest,hereunder will cease, and the Licensee,or its successor in interest,will quietly deliver to the United
States possession of the premises in like condition as when taken,reasonable wear and damage by the elements
excepted:
a. At the end of the term of this License.
UA:Contract No.24-07-11-L6065,City of Meridian. Page 3 of 9
b . Reclamation may , at any time and at no cost or liability to the United States terminate this
License , if Licensee fails to comply with any of the terms and conditions hereof, or upon mutual agreement of
all parties .
c . The United States , acting through Reclamation, Department of the Interior, reserves rights to
construct, operate , and maintain public works no or hereafter authorized by the Congress without liability for
termination of the use authorization or other damage to the Licensee ' s activities or facilities .
d . Reclamation may , at any time and at no cost or liability to the United States , terminate this
License in the event of a natural disaster, a national emergency , a need arising from security requirements , or
an immediate and overriding threat to public health and safety .
e . Reclamation may , at any time and at no cost or liability to the United States , terminate this
License, for activities other than existing authorized private exclusive recreational or residential use as defined
under 43 CFR § 429 . 2 if Reclamation determines that any of the following apply :
i . The use has become incompatible with authorized project purposes , project operations , safety,
and security ;
ii . A higher public use is identified through a public process described at 43 CFR § 429 . 32 (a) ( 1 ) ;
or
iii . Termination is necessary for operational needs of the project .
f. Reclamation may , at any time and at no cost or liability to the United States , terminate this
License if Reclamation determines that the Licensee has failed to use the use authorization for its intended
purpose . Further, failure to construct within the timeframe specified in the terms of the use authorization may
constitute a presumption of abandonment of the requested use and cause termination of the use authorization .
g . Reclamation may, at any time and at no cost or liability to the United States , terminate this
License if the Licensee fails to comply with all applicable Federal , State , and local laws , regulations ,
ordinances , or terms and conditions of any use authorization, or to obtain any required permits or
authorizations .
h . At the termination of this License the facility and appurtenant works shall be restored by , or
at the expense of the Licensee , to a condition at least as good as before the work was accomplished .
10 . NOTICES
a. Notices served under this License shall be in writing and may be delivered by personal
delivery ; via recognized delivery services such as United Parcel Services (UPS) or Federal Express (FedEx) ;
or by deposit in the United States Mail , postage prepaid, as certified mail , return receipt requested, and
addressed as follows :
UA : Contract No . 24 - 07- 11 -L6065 , City of Meridian . Page 4 of 9
UNITED STATES LICENSEE DISTRICT
Deputy Area Manager City Engineer Superintendent
Bureau of Reclamation City of Meridian Pioneer Irrigation District
230 Collins Road 33 E . Broadway Ave . P . O . Box 426
Boise , ID 83702 Meridian, ID 83642 Caldwell, ID 83606
(208 ) 383 -2200 (208 ) 489 - 0338 (208 ) 459 - 3617
b . Any notice delivered by personal delivery shall be deemed received by the addressee upon
actual delivery . Any notice delivered by certified mail or delivery service shall be deemed received by the
addressed on the third business day after deposit . The addresses to which notices are to be delivered may be
changed by giving notice of such change in accordance with this paragraph . This paragraph shall apply where
notice is required under this License , and no specific requirements are set forth . Where this License provides
for a specific notice in a different manner, the more specific requirements shall prevail .
c . The parties hereby designate the Deputy Area Manager of the Snake River Area Office , the
City Engineer of the City of Meridian, and the Chairman of the Board of the Pioneer Irrigation District, as their
respective authorized representatives for this License . These individuals shall have authority to take any action
allowed or required under this License , on behalf of their employer . The parties may change their designated
representatives at any time by giving notice of such change in accordance with this Article .
11 . INCREASED COSTS
If the construction, operation , or maintenance of any or all of such structures and facilities of
the United States across , over, under, or upon said land should be made more expensive by reason of the
existence of improvements or works of Licensee thereon, such additional expense is to be estimated by the
Reclamation, whose estimate is to be final and binding upon the parties hereto . Licensee will make payment
thereof to the United States or any of its successors or assigns within thirty (30) days after demand is made
upon Licensee for payment of any such sums . As an alternative to payment, Licensee , at its sole cost and
expense and within the time limits established by the United States , may remove or adapt its facilities
constructed and operated by it on said land to accommodate the aforementioned structures and facilities of the
United States . Licensee shall bear any costs incurred by the United States occasioned by the failure of Licensee
to remove or adapt its facilities within the time limits specified .
12 . REMOVAL OF STRUCTURES
Upon expiration, termination, or revocation of the License, the Licensee, or its successor in
interest, shall remove all structures , equipment, or other improvements made by it from the premises at no cost
to the United States . Upon failure to remove any such improvements within sixty (60 ) days of expiration,
termination, or revocation, any remaining improvements shall , at the option of the United States , be removed
or become the property of the United States . The Licensee shall pay all the expenses of the United States , or
its assigns or successors , related to removal of such improvements .
UA : Contract No . 24- 07 - 11 -L6065 , City of Meridian . Page 5 of 9
13. DISCOVERY OF CULTURAL RESOURCES
The Licensee, or its successor in interest, shall immediately provide an oral notification to
Reclamation of the discovery of any and all antiquities or other objects of archaeological, cultural,historic, or
scientific interest. The Licensee shall follow up with a written report of their finding(s)to Reclamation within
forty-eight(48)hours. Objects under consideration include,but are not limited to,historic or prehistoric ruins,
human remains,funerary objects,and artifacts discovered as a result of activities under this authorization. The
Licensee shall immediately cease the activity in the area of the discovery,make a reasonable effort to protect
such discovery, and wait for written approval from Reclamation before resuming the activity. Protective and
mitigative measures specified by Reclamation shall be the responsibility of the Licensee.
14. HAZARDOUS MATERIALS
a. The Licensee,or its successor in interest,may not allow contamination or pollution of Federal
lands,waters,or facilities. The Licensee,or its successor in interest,has the responsibility for care,operation,
and maintenance by its employees or agents and shall take reasonable precautions to prevent such
contamination or pollution by third parties. Substances causing contamination or pollution shall include, but
are not limited to, hazardous materials, thermal pollution, refuse, garbage, sewage effluent, industrial waste,
petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers, or any other
pollutants.
b. The Licensee, or its successor in interest, shall comply with all applicable Federal, State, and
local laws and regulations,and Reclamation policies and directives and standards,existing or hereafter enacted
or promulgated,concerning any hazardous material that will be used,produced,transported,stored,or disposed
of, on or, in Federal lands,waters, or facilities.
C. "Hazardous material" means any substance, pollutant, or contaminant listed as hazardous
under the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42
U.S.C. § 9601, et seq., and the regulations promulgated pursuant to that Act.
d. Upon discovery of any event which may or does result in contamination or pollution of
Federal lands, waters, or facilities, the Licensee shall initiate any necessary emergency measures to protect
health, safety, and the environment and shall report such discovery with full details of the actions taken to
Reclamation. Reporting may be within a reasonable time period. A reasonable time period means: within
twenty-four(24)hours of the time of discovery if it is an emergency, or by the first working day if it is a non-
emergency. An emergency is any situation that requires immediate action to reduce or avoid endangering
public health and safety or the environment.
e. Violation of any of the provisions of this Article, as determined by Reclamation, may
constitute grounds for termination of this License. Such violations require immediate corrective action by the
Licensee and shall make the Licensee liable for the cost of full and complete remediation and/or restoration of
any Federal resources or facilities that are adversely affected as a result of the violation.
f. The Licensee, or its successor in interest, agrees to include the provisions contained in
paragraphs (a)through(e) of this Article in any subcontract or third-party contract it may enter into pursuant
to this License.
f. Reclamation agrees to provide information necessary for the Licensee using reasonable diligence,
to comply with the provisions of this Article.
UA:Contract No.24-07-11-L6065,City of Meridian. Page 6 of 9
15. SEVERABILITY
Each provision of this License shall be interpreted in such a manner as to be valid under
applicable law,but if any provision of this License shall be deemed or determined by competent authority to
be invalid or prohibited hereunder, such provision shall be ineffective and void only to the extent of such
invalidity or prohibition, but shall not be deemed ineffective or invalid as to the remainder of such provision
or any other remaining provisions, or of this License as a whole.
16. BINDING
The provisions of this License shall apply to,and bind,the successors and assigns of the parties
hereto,but no assignment or transfer of this License or any part or interest therein shall be valid until approved
by Reclamation in writing.
17. OFFICIALS NOT TO BENEFIT
No Member of Congress shall be admitted to any share or part of any contract or agreement
made,entered into,or accepted by or on behalf of the United States, or to any benefit to arise thereupon.
IN WITNESS WHEREOF,the parties hereto have executed this License the day and year first above
written.
CITY OF MERIDIAN UNITED STATES OF AMERICA
By By
Ro ert E. i son 7-9-2024 Bryan . orsburgh
Deputy Am Manager
Title Mayor, City of Meridian Bureau of Re on
230 Collins Road
Qo��ZED AUG(�STI Boise, ID 83702-4520
Attest:
Chris Johnsk it erk 7-9- g IDR IAN'�"
IOAHO
s� SEAL
��yrFR o/the TREPSJ�
UA:Contract No.24-07-11-L6065,City of Meridian. Page 7 of 9
DISTRICT .
This License Agreement has been reviewed by Pioneer Irrigation District this day of Jai � , ,
20 QQq .
Signed By
Title �/IIQ�yY
ACKNOWLEDGEMENT
STATE OF IDAHO )
) ss
County of Canyon )
On this 4' day of QUAIL , 2024, personally appeared before me, the
undersigned notary, Xrexd Ben ke _ known to me to be the official of the Pioneer
Irrigation District who executed the within and foregoing instrument and acknowledged said instrument to
be the free and voluntary act and deed of said District, for the uses and purposes therein mentioned , and on
oath stated that he was authorized to execute said instrument .
IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day
and year first above written.
W* Q&&/, A41
����� • • • • • .,.,��� Notary Public in and for the
�.••' �ER 11�I '•.,� State of Idaho
�•��' ���•• NO. IQ~% yi• Residing at
0
OT �i 0 My commission expires
r VA
•AA{lBLIC •'
!2
.,,98 ••OF• •000
UA : Contract No . 24- 07- 1 I -L6065 , City of Meridian. Page 8 of 9
ACKNOWLEDGEMENT
STATE OF I D )
)ss
County of ADA )
On the 9th day of JUIy 2024, personally appeared before me,
the undersigned notary,Robert E. Simison and-Chris Johnson, known to me to be the Mayor and City
Clerk of the City of Meridian, who executed the within and foregoing instrument and acknowledged
said instrument to be the free and voluntary act and deed of said City of Meridian, for the uses and
purposes therein mentioned,and on oath stated that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written. /� r
ECHARLENE WAY Notary Public in and for the
SION N0. 67390 State of IdahoARY PUg�� Residingat Meridian ID
E OF IDAHO
My commission expires 3-28-2028
ACKNOWLEDGEMENT
STATE OF IDAHO )
)ss
County of Ada )
On the 7 (0 day of 2024,personally appeared before me
Bryan R. Horsburgh_,to me known t6 be the official of the United States of America that executed
the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and
deed of said United States for the uses and purposes therein mentioned, and on oath stated that s/he was
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
DONALD JAMES BISHOP
NOTARY PUBLIC-STATE OF IDAHO Notary Public in and o the
-.. COMMISSION NUMBER 20234974 State of IdalA
MY COMMISSION EXPIRES 12-11-2029 Residing at I o,5e, /D
My commission exires 2-h I/20p
UA:Contract No.24-07-11-L6065,City of Meridian. Page 9 of 9
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Exhibit B