Bureau of Reclamation Lake Hazel/Locust Grove Roads Waterline Extension
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Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Luke Cavener
Genesis Milam
Anne Little Roberts
Ty Palmer
Public
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: BRENT BLAKE
DATE: April 27, 2017
SUBJECT: IRRIGATION CROSSING AGREEMENT WITH THE BUREAU OF
RECLAMATION AT THE FARR AND MCBIRNEY LATERALS FOR
THE LAKE HAZEL/LOCUST GROVE ROADS WATERLINE
EXTENSION
REQUESTED COUNCIL DATE: May 1, 2017
I. RECOMMENDED ACTION
A. Move to:
1. Approve the crossing agreement with the Bureau of Reclamation.
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Brent Blake, Project Manager 489-0340
Kyle Radek, Asst. City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
III. DESCRIPTION
A. Project
This project entails the construction of approximately 8,400-feet of new water
main along S. Locust Grove Road and E. Lake Hazel Road. The design of the
waterline shows that three irrigation facilities must be crossed during the
construction phase. The irrigation facilities are owned by the Bureau of
Reclamation and operated by Boise Project Board of Control. Therefore, a fully
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executed agreement between the City of Meridian and the Bureau of
Reclamation is needed prior to initiating construction.
IV. IMPACT
A. Strategic Impact:
The agreement will allow the City to construct and maintain the above described
waterline and provide necessary water infrastructure to valued customers.
Extension of the waterline is in direct alignment with the Public Works mission
to anticipate, plan, and provide exemplary public services and facilities that
support the needs of a growing community.
B. Fiscal Impact:
No Costs (FY2017)
V. ALTERNATIVES
A. The Council could decide to not approve the agreement contract which would
result in the cancelation of the project.
VI. TIME CONSTRAINTS
Time is of the essence with regard to Council’s approval due to the need for water
services at the future South Meridian Regional Park located on the south side of E.
Lake Hazel Road. Additionally, the construction of the irrigation facility crossings
must be complete prior to March 15, 2018.
VII. LIST OF ATTACHMENTS
A. Agreement documents with exhibits.
Approved for Council Agenda: ______________
Date
RETURN TO: - Contract No. 7-07-11-L3845
Bureau of Reclamation
Attn: MSF 6125
230 Collins Road
Boise, ID 83702
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Arrowrock Division, Boise Project, Idaho
CONSENT TO USE
THIS CONSENT TO USE, hereinafter referred to as Consent, made the day of
2017, pursuant to the Act of Congress June 17, 1902 (32 Stat: 388; 43 U.S.C. §391),
and act a endatory thereof or supplementary thereto, collectively referred to as the Federal Reclamation
Laws, specifically, Section 10 of the Reclamation Project Act of 1939 (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 CITY OF MERIDIAN, hereinafter
referred to as Consentee.
WITNESSETH, THAT:
WHEREAS, in connection with the Arrowrock Division, Boise Project, Idaho, the United
States, pursuant to Federal Reclamation Laws, constructed, operates, and maintains certain irrigation works
hereinafter referred to as the Farr Lateral and McBirney Lateral; and
WHEREAS, said Farr Lateral and McBirney Lateral, are operated and maintained by the
Boise Project Board of Control, hereinafter referred to as the Board, under a repayment contract with the
United States; and
WHEREAS, the Consentee desires the United States to give consent to construct, install,
operate and maintain a 12 inch water main pipeline, under and across the Farr Lateral and McBirney Lateral;
and
WHEREAS, the proposed use has been reviewed and determined to be compatible with
project purposes.
NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter
stated, the parties hereto do mutually agree as follows:
CONSENT AND LEGAL
Subject to the terms and conditions of this Consent, the United States does hereby consent to
the Consentee, or its agents, installation, operation and maintenance of a 12 inch water main pipeline in a 24
inch steel casing crossing in three locations; across the Farr Lateral on the north side of Lake Hazel Road and
east of Locust Grove Road, located in a portion of the Slh of Section 32, Township 3 North, Range 1 East;
across the Farr Lateral on the east side of Locust Grove Road and north of Lake Hazel Road, located in a
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portion of the SW'/4 of Section 32, Township 3 North, Range 1 East; and across the McBirney Lateral on the
east side of Locust Grove Road and north of Lake Hazel Road, located in a portion of the SWI/4 of Section
32, Township 3 North, Range 1 East, Boise Meridian, and shall be installed in the manner and at the
locations shown on the attached Exhibits A, B, C, and D, by this reference made a part hereof.
2. SUBJECT TO FEE OWNER APPROVAL
Unless the Consentee is the underlying fee owner, this Consent is subject to Consentee
securing approval of the underlying fee owner to cross or use the identified portion of Reclamation's right of
way. By executing this document the Consentee acknowledges this notice and assumes all liability, if any,
in this regard.
FEES
The Consentee has provided an application to obtain this Consent in conformance with Title
43 of the Code of Federal Regulations, Part 429 and a payment of $100.00 for the application fee and $330.00
for administrative fees is hereby acknowledged.
C�1v* I
The term of this Consent is to be perpetual from the date of this document, subject to the terms and
conditions herein.
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 at least seven (7) days prior to beginning construction
work.
b. 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 project facilities. 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.
C. 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 structures shall be restored by the
Consentee to a condition at least as good as before the work was accomplished.
d. This Consent is limited to the crossing, construction, installation, operation and maintenance
of a 12 inch water main pipeline in 24 inch steel casing crossing in three locations; across the Farr Lateral
on the north side of Lake Hazel Road and east of Locust Grove Road, located in a portion of the SIh of
Section 32, Township 3 North, Range 1 East; across the Farr Lateral on the east side of Locust Grove Road
and north of Lake Hazel Road, located in a portion of the SWI/4 of Section 32, Township 3 North, Range 1
East; and across the McBirney Lateral on the east side of Locust Grove Road and north of Lake Hazel Road,
located in a portion of the SWI/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian. In
accordance with Idaho Code section 42-1102, et seq, additional encroachments onto the right of way by
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public or private roads, utilities, fences, gates, pipelines, structures, or other construction or placement of
objects, need specific written permission from the United States or its successor or assign. Encroachments
of any 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.
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 Consent.
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.
HOLD HARMLESS
The Consentee 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.
PROTECTION OF UNITED STATES INTERESTS
The Consentee 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 rights were acquired, and to protect the interests of the United States. The
Consentee shall insure compliance with all laws, regulations, and orders of the United States, and any other
public authority affecting such works.
9. TERMINATION
This Consent, a use authorization, will terminate and all rights of the Consentee hereunder will
cease, and the Consentee 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 Consent.
b. Reclamation may, at any time and at no cost or liability to the United States, if Consentee 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 now or hereafter authorized by the Congress without liability
for termination of the use authorization or other damage to the Consentee's activities or facilities.
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d. Reclamation may, at any time and at no cost or liability to the United States, terminate this
Consent 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
Consent, 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
Consent 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 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
Consent if the Consentee 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.
10. NOTICES
a. Notices served under this Consent 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:
UNITED STATES
Deputy Area Manager
Bureau of Reclamation
230 Collins Road
Boise, ID 83702
(208) 383-2200
CONSENTEE
Mayor
City of Meridian
33 E. Broadway Ave
Meridian, ID 83642
(208) 376-7330
Manager
Boise Project Board of Control
2465 Overland Road
Boise, ID 83705
(208) 344-1141
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 Consent, and no specific requirements are set forth. Where this Consent provides
for a specific notice in a different manner, the more specific requirements shall prevail.
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C. The parties hereby designate the Deputy Area Manager of the Snake River Area Office,
Bureau of Reclamation; Manager of the Boise Project Board of Control; and the Mayor of the City of Meridian,
as their respective authorized representative for this Consent. These individuals shall have authority to take
any action allowed or required under this Consent, 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 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 Reclamation, whose estimate is to be final and binding upon the parties hereto. Consentee will make
payment thereof to the United States or any of its successors or assigns within (30) days after demand is made
upon Consentee for payment of any such sums. 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 its 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.
12. REMOVAL OF STRUCTURES
Upon expiration, termination, or revocation of the Consent, 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 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 Consentee shall pay all the expenses of the United States, or its assigns or successors,
related to removal of such improvements.
13. DISCOVERY OF CULTURAL RESOURCES
The Consentee 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
Consentee 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 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 Reclamation before resuming the activity. Protective and mitigative
measures specified by Reclamation shall be the responsibility of the Consentee.
14. HAZARDOUS MATERIALS
a. The Consentee may not allow contamination or pollution of Federal lands, waters, or facilities.
The Consentee 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.
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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 sea., 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
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 Consent. 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 Consent.
g. Reclamation agrees to provide information necessary for the Consentee using reasonable
diligence, to comply with the provisions of this Article.
15. THIRD PARTY RIGHTS
This Consent is granted subject to all rights previously acquired by third parties.
16. SEVERABILITY
Each provision of this Consent shall be interpreted in such a manner as to be valid under
applicable law, but if any provision of this Consent 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 Consent as a whole.
17. BINDING
The provisions of this Consent shall apply to, and bind, the successors and assigns of the
parties hereto, but no assignment or transfer of this Consent or any part or interest therein shall be valid until
approved by Reclamation.
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18. 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.
written.
IN WITNESS WHEREOF, the parties hereto have executed this Consent the day and year first above
CONSENTEE
B
Title Nat lor
UNITED STATES OF AMERICA
By
Melanie J. Paquin
Deputy Area Manager
Bureau of Reclamation
230 Collins Road
Boise, ID 83702-4520
t. This Consent has been considered and is hereby approved by the Boise Project Board of Control
the day of , 2017.
By 0,v
Tim Page, Ma ger
ACKNOWLEDGEMENT
STATE OF IDAHO )
)ss
County of Ada )
h
On the : day of 2017, personally appeared before me, the
undersigned notary, Tim Page , known to me to be the official of the Boise Project
Board of Control who 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 affixed my official seal the day
and year first above written.
Notary Public in anJ for the
State of Idaho�� ""
Residing at fv�,�(41 (m
My commission expires 0 11:%1 �
Page 7 of 8
ACKNOWLEDGEMENT
STATE OF IDAHO )
)ss
County of —( )
--�-' �Op the day of , 2017, personally appeared before me
1 Gl m rn �E' W G2 , to me 1 vn to be the official of the City of Meridian,
that execute"e 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 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.
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STATE OF IDAHO )
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Notary Public in and for the
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ACKNOWLEDGEMENT
On the day of , 2017, personally appeared before me
9LANIE PAQt =�; A)IN —o me known to 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.
DONNABRUCK
NOTARY PUBLIC
STATE OF 10010
Notary- Public and for the
State of Idaho
Residing at
My commission expires . -
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