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HomeMy WebLinkAboutCrossing Agreement with United States for Hartford Subdivision`ECQRO~Q-t~E~J~.ST ~~F ";~~~ CUU`~TY RECD~?L~~'~ :fit?~~,r-, ~C~;7';~ EE .__.D~PUT~' .. 2~0~1~~3e ~~~ ~:~~ i U 1 a5~4~ f ~RrD1AN CI1V Cont. No. 0-07-11-L1508 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Boise Project, Arrowrock Division, Idaho CROSSING AGREEMENT THIS AGREEMENT, made this ~q~ day of /'T i¢ 2001, WITNESSETH, THAT: 2. WHEREAS, in connection with the Boise Project, Arrowrock Division, hereinafter referred to as the Project, the UNITED STATES, through the Bureau of Reclamation, Department of the Interior, has, pursuant to Federal Reclamation Laws, constructed and owns, operates and maintains certain power, communication and irrigation works hereinafter called the Project facilities; and, 3. WHEREAS, the Project facility, known as the Five Mile Drain, is being operated and maintained by the Nampa Meridian Irrigation District, hereinafter called the District, under a repayment contract with the UNITED STATES; and, 4. WHEREAS, the GRANTEE desires to install sewer lines located in and across said Project waterway. NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated, the parties hereto do mutually agree as follows: 5. The UNITED STATES hereby grants to the GRANTEE, subject to the terms and conditions of this agreement, the right to construct, operate and maintain said improvement and appurtenant structures across said waterway in the SW%, Sec. 35, T4N, R1W, B.M., in the manner and at the location shown on the attached ~~GFI QED ~ AY 3 ~ 200 pursuant to the Act of Congress June 17, 1902 (3 Stat. 388), and acts amendatory thereof or supplementary thereto, all of which acts are commonly known and referred to as the Federal Reclamation Laws, between the United States of America, hereinafter called the UNITED STATES, represented by the officer executing this agreement, hereinafter referred to as the CONTRACTING OFFICER, and City of Meridian, hereinafter referred to as the GRANTEE. • • N .I, PROIF.CT ~ I - r/ III- /LOCATION I ~ ~. TIN ~ X1M l ~l~l~~~.. F1 yf-N~1E Lry,1N I A PROPOSED` I TFODO JIL li sueotvlslox 7I ~s ---- 5 - 25 ~ 1a0 ---- 3 2 --- 0 15 50 150 SCALE IN FEET . VICINITY MAP 20,0'SEWER EASEMENT (TYP.) -~. / ~%/ /// / s' ~: lip i' TO BE OBTNNED BY OWNER \ j ~;~~ //,~ / ~ !r // ~ ~.'Q ~ / ~~PROX. LOCATION SSMH A2 1 \ / ~ ~// ,r OF POWER POLE _L ~_ STA~ 2.87.04 ~ - ,~ / ANO GOWN GUY' O, / ~~ / ~ SSMH Al ---- --- -- / - STA:2~L-9T> ------- ; SSMH A3 / / 1a 1s'13 STA: 3.67.62 / .-/- ~-- f ~ ~~ / 279.58'34" - ao w -__,_ • - - -•--------------- ---------1 -- --- ~ - - - i ~ ---• T--- -- -----~----------------- _ v j ------- EP -- - ~` - - E f' -~ --- -_ ..----_ -.-- -- -- -- -- ~ ~~ .-_--~ -- --- --_ 'A 3 r ~~S 215'40'47" / N ~ ~ -------•------ -~-SD--- -------------------- ~ N. TEN MILE ROAD -~- -- -- - - r -- ----.-__.--' --- EP ------ --- ----- EP ---- .---------- L-P ~------------ ~ ~ 12" SD Q 0.39 % / ~ SDMH-Cl ,I ~-EXIST. JO" SEWER LINE RIM - ~ 4' x 10' x 1' IE IN (S) - 41,23 6"-8" COBBLE IE OUT (E) - 41.13 ,~ ~ STONE RIPRAP ~, UNDER DISCHARGE 12" SD 40 LF ~ 0.50 % ~ SD DISCHARGE ~ IE - c4os3) HWT STORM DRAIN D I SCMA^~~ SANITARY SEWER CROSSING PLAN FIVE MILE DRAIN CROSSIN~ -_..__ __._ l l _ __. _.... _~ .-_ _ I --- I ~ ~ 60.0 LF.16" ~~ Wf~LDED STEEL I ~~ LF ~~2? I 6n~ vl I CASING I I hob C,~~+c y, , a -F.~`Y----}------ I 2550 EXIST. GROUND LINE I ~~ - ~ ! I L I ~ f 14 I ~ 1! f ' IB" PVC SEWER '~"PVC SEWER I-_____.--_ __2J45 -8" PVC SEWER 0 0.30%--- - - - 77 LF, a 0.30/'. 1 LF. 0 0. 0% - --- -- - ~- ~ ~~ 2.0' MINA j LINE /~ - ~ ~ I ~~ HIGH WAfiER ELla~ ~ 2540 J' ;~' j r p N LZL i O ~ U U^ O Jt f ~X " ~x ~ 2535 ~ -- - -'" ------. ~------1 --- ----- "~- --- ---- a o ---- a 9 -- ~- , -_.-__-_-_ ~ o ~ ~, F ri 2 Imo= 0?Vlpdp,, i ,~ ~ m ~ ~p X Q ° rn i . i jr~ ~ N I~/1 Ih W .. NIA , , --------- ---- -------- ----- 3+00 -- --- ---- 21,00 _:..-.~----- ~ ~ ~ - 5*00 4+00 SANITARY SEWER PROFILE NPw No. FIVE MILE DRAIN CROSSING APPLICANT: GLENN JOHNSON HOMES WATERWAY: FIVE MILE DRAIN 15 ADA COUNTY, IDAHO 1 ~5 ~ T,,.AL - I - ,a v~r: I:, I sH. 1 of ,~2 0 3 F GATE: nt:TORFR 14, 1999 I • J L 2 r'7 C` APPROX. HIGH WATER LEVEL f ~ 1.'' N I PROJECT I LOCATION --~.__ T4N R1M `I I ~ ~~- FIyF_MI~f ' ~ ~ ~R41N I PROPOSED '. '- I HARTFORD SUBDIVISION 34 35 -.---- --- E. IISTICK RD.---• APPROX. HIGH WATER LEVEL ~~ S 1 VICINITY MAP B" PVC SEWER LINE ~ B" PVC SEWPIt~yINE ~ , /~ ,/ ~ ~ ~ I " ~ Ex~smic aa' rvc i ' ~' i• 19.84' 45.50' ExcKVAT~ I 19.84' ~ ~~ ~ i ~y~~ PLAN ~ ~, .~,Q6~~~ •9, ~ ~!T ,~6~u d'.l~ ~ I Li I ~ ~ W ~ h 16" WEL4EA STEEL SLEEVE ~ ,.. " °' '-' "" ••._. ~ BO' LONGG, 7i' THICK y "~" SLOPE a 0.3oX ~ ~, ,r° '~ ( ~ ~I rr~. 40.E CH WAiFJ1 lF~^^ •• < am.',,~ ,, 1' . ,,,`" _,~ ...AT.et AVERAGE wATEa ~ -o f`!'.L by IF ~ ti . ~ LIWYTS OF ..,..-. -...... f_ ~ ~~ y~ F &~~ iZ ~ - ya EXCA'vni~uFi' `1 yl~ ^0 i a ~~ N nl ~ N W ~~ ~ a N'a N N N d SANITARY SEWER PROFILE FIVE MILE•DRAIN CROSSING NPW N0. APPLICANT GLENN JOHNSON HOMES WATERWAY FIVE MILE DRAIN SCALE IN FEET ADA COUNTY, IDAHO 0 5 10 15 20 25 SI„I. 2 OF ~'2 DATE OCTOBER 14, 1999 3~ • • 7. There is reserved to the UNITED STATES, its successors and assigns the prior right to use any of the right-of-way herein described to construct, operate ai7.d maintain all structures and facilities including, but not limited to, canals, wasteways, laterals, ditches, roadways, electrical transmission lines, communication structures generally, substations, switchyards, powerplants and other appurtenant irrigation and power structures and facilities, without any payment made by the UNITED STATES or its successors for such right. 8. There is reserved to the UNITED STATES the right of its officers, agents, employees, licensees and permittees at all times and places freely to have ingress to, passage over and egress from all of said right-of-way for the purpose of exercising, enforcing and protecting the rights reserved herein. 9. The UNITED STATES, its officers, agents and employees and its successors and assigns shall not be held liable for any damage to the GRANTEE'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 agreement. 10. This agreement shall terminate at the option of the CONTRACTING OFFICER if the GRANTEE fails to comply with any of the terms and conditions hereof, upon mutual agreement of all parties, upon six (6) months' nonuse of this improvement by the GRANTEE, or if the CONTRACTING OFFICER determines that there is an overriding public or project need for the land for an incompatible use. 11. No member of or Delegate to Congress or resident commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise herefrom. This restriction shall not be construed to extend to this agreement if made with a corporation or company for its general benefit. 12. The GRANTEE agrees as follows: a. GRANTEE'S structures shall be constructed, operated and maintained by the GRANTEE without cost to the UNITED STATES or its assigns, and in such a manner as to cause no interference with the normal operation of the works of the UNITED STATES. All construction, reconstruction and maintenance work performed by the GRANTEE upon the premises of the UNITED STATES shall be undertaken only at times, according to plans, and in a manner satisfactory to the CONTRACTING OFFICER. b. To construct, operate and maintain its structures in a good, workmanlike manner and .shall insure compliance with all laws, regulations and orders of the UNITED STATES and any other public authority affecting such works. The failure of the GRANTEE .after due notice to abide by any of the terms and conditions of any applicable laws, rules or regulations shall cause this agreement to be subject to immediate termination at the option of the CONTRACTING OFFICER. ., ~ ~ • c. All backfill placed in canals or the embankments of canals shall be placed and compac~ed to the satisfaction of the CONTRACTING OFFICER. The canal and appurtenant works shall be restored by the GRANTEE to a condition at least as good as before the work was accomplished. d. 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 right-of-way should be made more expensive by reason of the existence of improvements or works of the GRANTEE thereon, such additional expense is to be estimated by the Secretary of the Interior, whose estimate is to be final and binding upon the parties hereto. Within thirty (30) days after demand is made upon the GRANTEE for payment of any such sums, the GRANTEE will make payment thereof to the UNITED STATES or any of its successors or assigns. As an alternative to payment, the GRANTEE, at its sole cost and expense and within the time limits established by the UNITED STATES, may remove or adapt facilities constructed and operated by it on said right-of-way to accommodate the aforementioned structures and facilities of the UNITED STATES. The GRANTEE shall bear any costs incurred by the UNITED STATES occasioned by the failure of the GRANTEE to remove or adapt its facilities within the time limits specified. e. To indemnify and hold harmless the UNITED STATES, its officers, agents and employees from any loss or damage and from any liability on account of personal injury, death or property damage, or claims for personal injury, death or property damage of any nature whatsoever and by whomsoever made arising out of the GRANTEE's activities under this agreement. f. The Grantee shall comply with all applicable Federal, State, and local laws and regulations, and Reclamation policies and instructions, existing or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported, stored or disposed of on or in lands, waters or facilities owned by the United States or administered by Reclamation. g. "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. ~ 1901, e se ., and the regulations promulgated pursuant to that Act. h. The Grantee may not allow contamination of lands, waters, or facilities owned by the United States or administered by Reclamation by hazardous materials, thermal pollution, refuse, garbage, sewage effluent, industrial waste, petroleum products, mine tailings, mineral salts, pesticide containers or any other pollutants. i. The Grantee shall report to Reclamation, within 24 hours of its occurrence, any event which may or does result in pollution or contamination adversely affecting lands, water or facilities owned by the United States or administered by Reclamation. j. Violation of any of the provisions of this article shall constitute grounds for immediate termination of this contract and shall make the Grantee 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. k. The Grantee agree to include the provisions contained in paragraphs (g) through (k) of this Article in any subcontract or third party contract it may enter into pursuant to this contract. 1. Reclamation agrees for the Grantee, using reasonable provisions of this Article. to provide information necessary diligence, to comply with the m. This activity may require a Stream Channel Alteration Permit from Idaho Department of Water Resources (ph. 324-2190) and/or a "404" Permit from the U.S. Army Corps of Engineers (ph. 343-0671); therefore, the GRANTEE shall obtain any needed further clearance from those agencies. n. To comply with Title VI (Section 601) of the Civil Rights Act of July 2, 1964 (78 Stat. 241) which provides that "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving "Federal financial assistance," and to be bound by the regulations of the Department of the Interior for the effectuation thereof, as set forth in 43 CFR § CFR 17." o. To comply with Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516, and the Rehabilitation, Comprehensive Service, and Developmental Disabilities Act of 1978, P.L. 95-602, 29 U.S.C. 700 et seq. which are designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance which provides that "No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance and to be bound by the regulations of the Department of the Interior for the effectuation thereof, as set forth in 43 CFR § 17." p. To comply with the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.; 45 CFR § 90 which are designed to prohibit discrimination on the basis of age in programs and activities receiving Federal financial assistance. The Act also permits federally assisted programs and activities, and recipients of federal funds, to continue to use certain age distinctions and factors other than age which meet the requirements of the Act and its implementing regulations. The Act provides that "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to • discrimination under any program or activity receiving Federal financial assistance and to be bound by the regulations of the Department of the Interior for the effectuation thereof, as set forth in 43 CFR ~ 17." q. To obligate its subcontractors, subgrantees, transferees, successors in interest, or any other participants receiving Federal financial assistance hereunder, to comply with the above requirements against discrimination. 13. The provisions of this agreement shall apply to and bind the successors and assigns of the parties hereto, but no assignment or transfer of this agreement or any part or interest therein shall be valid until approved by the CONTRACTING OFFICER. L' IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ~,.~ ~~ .~'' THE UNITED STATES OF AMERICA By area Manager Bureau of Recla ation 214 Broadway Avenue Boise, Idaho 83702 GRANTEEy-E~ity of Meridian By G' Title Q0~1~ ~~ tN G-v~nu l A~orr~rtd ~~t5~~i ****** A-l~~s-F c b~ c~ ~~~~- vV'i tl-~vn G. ~er9, Tr. - C;~ Clerk .~. a. ~rr~,, ~ *\ts ,< .. A • • State of Idaho County of Ada ss 2ooi On this ~~ day of ~ 2.96, personally appeared before me .( ~' 8 to me known to e the officials of the City of Meridian at executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. • ~~ ~~~ ~ .~ ~~~ Notary 1 in and for the ~ ~ ~ State of ~t,biv (SEAL) • '. .,t,._~ : Residing at ~ G'~ 'o~J,q~;~!'~1..1C:~%~O~+ My commission expires: ~-2fo~(~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal t ~~..da~„•and year f first above written. State of Idaho County of Ada ss On this ~.. ~' day of /~ig~/ 200~'~'"'personally appeared before me J - MSS ~S~cDo~.w to me mown to pe the official of the UNIT D 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 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. ~ ~ ,,~~{~~O S2~~~~,, Notary Public i nd for the •` 4+ 4' •. State of Idaho pT AR }• (Sg ~ Residing at/~~~~px " «"' * = My commission expires : ©/ /L "~~°~- P 1.~ ~~ ~' NON ~- ~~ .,p,~,rE ~oF,~v~~..