HomeMy WebLinkAboutLicense Agreement with Bureau of Reclamation for Crossing McDonald Lateral~~i~E IDIAN~-
Public IDAHO
Works Department
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Brent Blake
Engineering Technician II
DATE: 6/14/2010
SUBJECT: LICENSE AGREEMENT WITH THE BUREAU OF RECLAMATION TO
CROSS THE MCDONALD LATERAL, LOCATED IN THE SWl/4 SW1/4, SEC.
21, AND IN THE NW 1/4, SEC. 28, T. 3N., R. 1 E., B.M., WITH A 12-INCH
WATER LINE AND AN 8-INCH SEWER LINE IN CONJUNCTION WITH THE
ACHD EAGLE/VICTORY INTERSECTION PROJECT.
I. RECOMMENDED ACTION
A. Move to:
1. Approve the License Agreement with the Bureau of Reclamation to cross the
McDonald Lateral, located in the SW1/4 SW1/4, Sec. 21 and in the NW1/4, Sec.
28, T. 3N., R. 1 E., B. M., with a 12-inch water line and an 8-inch sewer line in
conjunction with the ACPID EagleNictory Intersection Project.
Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Brent Blake, Engineering Technician II (Project Manager)
Kyle Radek, Asst. City Engineer
Warren Stewart, PW Engineering Manager
Tom Barry, Director of Public Works
489-0340
489-0341
489-0350
489-0372
Page 1 of 2
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III. DESCRIPTION
A. Back rground
The City of Meridian periodically implements utility upgrade projects in conjunction
with Ada County Highway District (ACRD) roadway projects. The utility upgrade
projects often require City of Meridian sewer and water utilities to cross other local
utilities such as gas, storm drain, and irrigation. In this case, the EagleNictory
Intersection Project requires City of Meridian sewer and water utilities to cross
underneath an irrigation utility.
Therefore, the City of Meridian must obtain permission from the appropriate agency or
irrigation district, prior to construction, whenever our utilities will cross an irrigation
district canal. The attached License Agreement complies with that requirement.
IV. IMPACT
A. Strate ig c Impact:
There is no Strategic Impact from this action.
B. Service/Delivery Impact:
The installation of the abovementioned utility lines cannot take place without
approval of this License Agreement. This would cause a reduction in sewer and
water services to City of Meridian residents located near the intersection of Eagle
and Locust Grove Roads.
C. Fiscal Impact:
The License Agreement requires a fee of $200.00 which was included in the City
Counsel approved FY 2010 budget.
V. ALTERNATIVES
A. Not Applicable
VI. TIME CONSTRAINTS
A. Not Applicable
VII. LIST OF ATTACHMENTS
A. Department of the rior, Bu u of Reclamation License Agreement
Approved for Council Agenda:
arren Stewart, Engineering Manager ate
Page 2 of 2
SENT OF Ty
aP~~ ~`~"~ ~~ti United States Department of the Interior
a~
N ~_ o -:~i
_ ~ BUREAU OF RECLAMATION TAKE PRIDE`
~'qa __aAQ ~ Snake River Area Office ~NAMERIGA
cM a 230 Collins Road
Boise, Idaho 83702-4520
APR ~ 3 2Q1(~
MSF-6125
LND-3.00
Mr. Corey Peacock, P.E.
Civil Survey Consultants, Inc.
1400 E. Watertower St., Suite 100
Meridian, ID 83642-7786
Subject: City of Meridian's Consent to Use Agreement (Agreement), Contract No. 10-07-11-
L2890, Sanitary Sewer Line, Potable Water Line Crossing and Lowering Existing
Water Main Line Crossing of McDonald Lateral, SW'/SW%, Sec. 21 and the NW'/a,
Sec. 28, T. 3 N., R.1 E., B.M., Arrowrock Division, Boise Project, Idaho
Dear Mr. Peacock:
Enclosed in triplicate for your client's review and notarized signature is a proposed Agreement
for the subject crossing. If acceptable, all copies must be signed and returned to this office. One
original will be returned to you upon execution by the United States.
Please contact Ms. Lupe Rodriguez, Realty Specialist, at 208-383-2221 if we can be of further
assistance.
Sincerely,
Je ey J. Rea is
Natural Resources Manager
Enclosure (In Triplicate)
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 14
BOISE IDAHO 07114/10 12:14 PM
RECORDED nREQUEST OF III IIIIIIIIIIIIillllllllllllll~lll III Contract No. 10-07-11-L2890
Meridian City i 106E4~~ i
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Arrowrock Division, Boise Project, Idaho
CONSENT TO USE
THIS CONSENT TO USE AGREEMENT, hereinafter referred to as Agreement,
made this _~ G' day of ,~_ 20 j~ pursuant to the Act of Congress June 17, 1902 (32
Stat. 388), Section 10 of the Act of 1939, and Acts amendatory thereof or supplementary thereto,
known as the Federal Reclamation Laws, by and between the UNITED STATES OF
AMERICA, and its assigns, hereinafter called the United States, and represented by the
authorized official executing this Agreement, and CITY OF MERIDIAN, hereinafter referred to
as CONSENTEE.
WITNESSETH, THAT:
2. WHEREAS, in connection with the Arrowrock Division, Boise Project, Idaho,
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 referred to as
the project facility; and,
3. WHEREAS, said project facility, known as the McDonald Lateral, operated and
maintained by Boise Project Board of Control, hereinafter called the BOARD is under a
repayment contract with the United States; and,
4. WHEREAS, the CONSENTEE desires to construct and install a sanitary sewer
line and potable water line in and across said Project waterway; and
5. WHEREAS, the CONSENTEE desires to lower the existing water main line in
and across said project waterway on Eagle Road.
NOW, THEREFORE, in consideration of the mutual covenants and stipulations
hereinafter stated, the parties hereto do mutually agree as follows:
6. FEES
The United States, hereby in consideration of the sum of $200.00 for administrative fees,
receipt of which is hereby acknowledged, hereby consents to the CONSENTEE, subject to the
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terms and conditions of this Agreement, the right to construct, use, operate and maintain said
improvement and appurtenant structures across the said waterway easement in the SW'/ SW'/,
Sec. 21, and the NW'/, Sec. 28, T. 3 N., R. 1 E., B.M. in the manner and at the location shown
on the attached Exhibits "A", "B", "C" and "D", all exhibits by this reference made a part hereof.
7. TERM
(a) The term of this Agreement is set in perpetuity, and the rights and privileges
granted in this Agreement will inure to the benefit of, and binding upon, the heirs, successors,
and assigns of the parties thereto.
(b) Reclamation may, at any time and at no cost or liability to the United States,
terminate this Agreement 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.
(c) Reclamation may, at any time and at no cost or liability to the United States,
terminate this Agreement 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 in
43 CFR § 429.32(a)(1); or
(iii) Termination is necessary for operational needs of the project.
(d) Reclamation may, at any time and at no cost or liability to the United States,
terminate any use authorization if Reclamation determines that the CONSENTEE has failed to
use the use authorization for its intended purpose. Further, failure to construct within the
timeframe specified in the terms of this Agreement may constitute a presumption of
abandonment of the requested use and cause termination of this Agreement.
(e) Reclamation may, at any time and at no cost or liability to the United States,
terminate this Agreement if the CONSENTEE fails to comply with all applicable Federal, State,
and local laws, regulations, ordinances, or terms and conditions of the Agreement, or for failure
to obtain any required permits or authorizations.
8. This Agreement is granted subject to all rights previously acquired by third
parties.
9. EASEMENT LANDS
The United States has only an easement right at the point of crossing of the canal;
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therefore, CONSENTEE shall obtain further clearance from the parties owning the underlying
fee.
10. SEVERABILITY
Each Provision of this Agreement shall be interpreted in such a manner as to be valid
under applicable law, but if any provision of this Agreement 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
Agreement, as a whole.
11. SPECIAL STIPULATIONS
CONSENTEE agrees that the construction, installation, operation and maintenance
(O&M) shall be conducted as follows:
(a) The CONSENTEE shall notify the BOARD seven (7) days prior to beginning
construction work.
(b) Pipeline utility crossings shall be encased in steel casing for the full width of the
easement.
(c) Vertical clearance between the casing of the utility and the Reclamation pipeline
shall be a minimum of 19 inches.
(d) CONSENTEE's structures shall be constructed, operated and maintained by the
CONSENTEE 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 CONSENTEE upon the premises of the
United States shall be undertaken only at times, according to plans, and in a manner satisfactory
to the authorized official.
(e) All backfill placed in the facility or its embankments shall be placed and
compacted to the satisfaction of the authorized official. The facility and appurtenant works shall
be restored by the CONSENTEE to a condition at least as good as before the work was
accomplished.
(f) This document only authorizes a potable water line, sanitary sewer line crossing
of the canal and lowering of existing water line crossing of the canal on Victory Road. In
accordance with Idaho Code section 42-1102, et seq, additional encroachments onto the right-
of-way by public or private roads, utilities, fences, gates, pipelines, structures, or other
construction or placement of objects, need specific written permission. Encroachments of any
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kind placed in such right-of--way without express written permission shall be removed at the
expense of the person or entity causing or permitting such encroachment upon, the request of the
owner of the right-of--way.
12. HAZARDOUS MATERIALS
(a) The CONSENTEE may not allow contamination or pollution of Federal
lands, waters, or facilities and for which the CONSENTEE has the responsibility for O&M 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 CONSENTEE 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 se ., 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 CONSENTEE 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 the authorized official. Reporting maybe
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 the Article, as determined by the
authorized official, may constitute grounds for termination of this Agreement. Such violations
require immediate corrective action by the CONSENTEE and shall make the CONSENTEE
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 CONSENTEE 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 Agreement.
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(g) Reclamation agrees to provide information necessary for the
CONSENTEE using reasonable diligence, to comply with the provisions of this Article.
13. DISCOVERY OF CULTURAL RESOURCES
The CONSENTEE shall immediately provide an oral notification to Reclamation's authorized
official of the discovery of any and all antiquities or other objects of archaeological, cultural,
historic, or scientific interest on Reclamation lands. The CONSENTEE shall follow up with a
written report of their finding(s) to Reclamation's authorized official 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 CONSENTEE 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
the authorized official before resuming the activity. Protective and mitigative measures specified
by Reclamation's authorized official shall be the responsibility of the CONSENTEE.
14. PROTECTION OF UNITED'STATES INTERESTS
The CONSENTEE shall construct, operate, and maintain its structures in a good
workmanlike mariner 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 CONSENTEE
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
authorized official.
15. HOLD HARMLESS
The CONSENTEE hereby 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 CONSENTEE.
16. LAND USE STIPULATION
The United States, acting through Reclamation, Department of the Interior, reserves rights
to construct, operate, and maintain public works now or hereafter authorized by the Congress
without liability for termination of this agreement or other damage to the CONSENTEE'S
activities or facilities.
17
ILLEGAL USE
Any activity deemed to be illegal on Federal lands will be cause for immediate
termination of this Agreement.
18. NONDISCRIMINATION ON THE BASIS OF RACE, COLOR,
OR NATIONAL ORIGIN
The CONSENTEE hereby agrees as follows:
(a) 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 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.
(b) To obligate its subcontractors, subgrantees, transferees, successors in
interest, or any other participants receiving Federal financial assistance hereunder, to comply
with the requirements of this provision.
19. NONDISCRIMINATION ON THE BASIS OF DISABILITY
The CONSENTEE hereby agrees as follows:
(a) To comply with Section 504 of the Rehabilitation Act of 1973, Public Law
93-112, as amended which is designed to eliminate discrimination on the basis of disability in
any program or activity receiving Federal financial assistance.
(b) To obligate its subcontractors, subgrantees, transferees, successors in
interest, or any other participants receiving Federal financial assistance hereunder, to comply
with the requirements of this provision.
20. NONDISCRIMINATION ON THE BASIS OF AGE
The CONSENTEE agrees as follows:
(a) To comply with the Age Discrimination Act of 1975, as amended, 42
U.S.C. 6101. et seq.; and the general age discrimination regulations at 45 CFR § 90 which are
designed to prohibit discrimination on the basis of age in programs and activities receiving
Federal financial assistance, as set forth in 43 CFR § 17.
(b) To obligate its subcontractors, subgrantees, transferees, successors in
interest, or any other participants receiving Federal financial assistance hereunder, to comply
with the requirements of this provision.
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21. UNRESTRICTED ACCESS
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 purposes of exercising, enforcing and protecting the rights
reserved herein.
22. TERMINATION
This Agreement shall terminate at the option of the authorized official, if CONSENTEE
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 CONSENTEE, or if the authorized official
determines that there is an overriding public or project need for the land for an incompatible use.
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 authorized official.
23. NOTICES
(a) All notices required or desired to be given under this Agreement shall be
in writing and maybe delivered by personal delivery or by deposit in the United States Mail,
postage prepaid, as certified mail, return receipt requested, and addressed as follows:
Board:
Paul J. Deveau, Manager
Boise Project Board of Control
2465 Overland Road
Boise, ID 83705
(208) 344-1141
Reclamation:
Jerrold D. Gregg, Area Manager
Bureau of Reclamation
230 Collins Road
Boise, ID 83702
(208) 383-2200
Consentee:
Tammy de Weerd, Mayor
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
(208) 898-5500
(b) Any notice delivered by personal delivery shall be deemed received by the
addressee upon actual delivery. Any notice delivered by certified mail shall be deemed received
by the addressed on the third business day after deposit. The addresses to which notices are to be
delivered maybe changed by giving notice of such change in accordance with this paragraph.
7
This paragraph shall apply where notice is required under this Agreement, and no specific
requirements are set forth. Where this Agreement provides for a specific notice in a different
manner, the more specific requirements shall prevail.
(c) The parties hereby designate the Area Office Manager, the Board
Manager, and the Mayor, as their authorized representatives for this Agreement. These
individuals shall have authority to take any action allowed or required under this Agreement, on
behalf of their employer. The parties may change their designated representatives at any time by
giving notice of such change in accordance with Article 23. (a) above.
24. REMOVAL OF STRUCTURES
(a) If the construction, or O&M 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 CONSENTEE 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 (30) days after demand is made upon CONSENTEE
for payment of any such sums, CONSENTEE will make payment to the United States or any of
its successors or assigns. As an alternative to payment, CONSENTEE, 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. CONSENTEE shall bear any costs incurred by the
United States occasioned by the failure of CONSENTEE to remove or adapt its facilities within
the time limits specified.
(b) Upon revocation of the consent to use the United States easement, the
CONSENTEE 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
with 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 CONSENTEE shall pay all the expenses of the United States, or its assigns, related
to removal of such improvements.
(c) The BOARD and the United States, its officers, agents, and employees and
its assigns shall not be held liable for any damage to CONSENTEE'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.
25. OFFICIALS NOT TO BENEFIT
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
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shall not be construed to extend to this Agreement if made with a corporation or company for its
general benefit.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY OF MERIDIAN
B
Y
THE UNITED STATES OF AMERICA
By
Bureau of Recl~hat:
230 Collins Ro//ad
Boise, Idaho 83702
BOARD:
Manager
This Agreement has been considered and is hereby approved by the BOISE PROJECT
BOARD OF CONTROL this ` day of ,. ~,:, , 2 ~1C
~f
Signed by ~-~' ~ `-' ~•~~~~
Paul J. Deveau, Manager
ACKNOWLEDGEMENTS
STATE OF IDAHO )
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County of Ada )
On this `~ ,day of ~7r~ ~ , 2 Ur ~~ ,personally
appeared before me { c~.L ' ~G 4'~;~-~.~ to me known to
be the official of the BOISE PROJECT BOARD OF CONTROL that executed the within and
foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed
of said BOARD 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 ffixed my official
seal the day and year first above written.
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STATE OF IDAHO
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On this 7~J . day of U/-'`~- , 2 (~ l! , rersonally
appeared before me ~~ i ~ ~G.~~~ , to me known to be the person(s) described
in and who executed the within and foregoing instrument and acknowledged that they signed the
same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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STATE OF IDAHO )
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_ On this ~.. day of Jc~x ~E , 2 G' ' ,personally appeared before me
,/ c,Y~V",;1~ ~- C~'r~E~~~t , to me known to be the official of the UNITED
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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.
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