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Irrigation Crossing Agreement with Bureau of Reclamation - Calkins and Givens Lateral Mayor Tammy de Weerd City Council Members Joe Borton Treg Bernt Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts Public Works Department 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 Fax 208-898-9551 www.meridiancity.org TO: MAYOR TAMMY de WEERD MEMBERS OF THE CITY COUNCIL FROM: BRENT BLAKE DATE: SEPTEMBER 28, 2018 SUBJECT: IRRIGATION CROSSING AGREEMENT WITH BUREAU OF RECLAMATION AT THE CALKINS AND GIVENS LATERALS FOR THE VICTORY/TENMILE WATER MAIN EXTENSION PROJECT REQUESTED COUNCIL DATE: October 9, 2018 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, Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 III. DESCRIPTION A. Background In order to enable continued growth in south Meridian a new 12-inch water main will need to be constructed along Victory and Ten Mile Roads. Overall, the project encompasses approximately 8,700 lineal feet of 12-inch water main that crosses two irrigation facilities owned by the Bureau of Reclamation and operated by Boise Project Board of Control. Therefore, a fully executed agreement between the City of Meridian and the Bureau of Reclamation is needed prior to initiating construction. Meridian City Council Meeting Agenda October 9, 2018 – Page 111 of 454 IV. IMPACT A. Strate _ ig c Impact: The agreement will allow the City to construct and maintain the above described water main and to provide necessary water infrastructure to customers. Extension of the water main 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 (FY2018) e r— V. ALTERNATIVES A. The Council could decide to not approve the agreement contract which would result in the cancelation of the project altogether. VI. TIME CONSTRAINTS Time is of the essence with regard to Council's approval of this agreement because construction of the water main crossing the irrigation facility must be complete prior to March 15, 2019. VII. LIST OF ATTACHMENTS A. Agreement documents with e bits. Approved for Council Agenda: Z � Date RETURN TO: Bureau of Reclamation Attn: MSF 6111 230 Collins Road Boise, ID 83702 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Arrowrock Division, Boise Project, Idaho CONSENT TO USE Contract No. 8-07-11-L4090 THIS CONSENT TO USE hereinafter referred to as Consent made the Gam1 da of Oc�-0)6exe > Y , 2018, pursuant to the Act of Congress 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 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 the 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 Calkins Lateral and Givens Lateral; and WHEREAS, said Calkins Lateral and Givens 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" potable water pipeline, under and across said Calkins Lateral and Givens 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: I . 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" PVC potable water pipeline inside 24" steel sleeve, crossing at a minimum of 3ft depth., under and across the Calkins Lateral and Givens Lateral, located on the north side of W. Victory Road, and on the east side of S. Ten Mile Road, in Meridian, Idaho. These locations are in a portion of the WV2 of Section 23, Township 3 North, Range 1 West, Boise CTU: 8-07-11-1,4090, City of Meridian Page 1 of 8 Meridian City Council Meeting Agenda October 9, 2018 – Page 114 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 115 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 116 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 117 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 118 of 454 19. 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 Consent the day and year first above written. CITY OF MERIDIAN UNITED STATES OF AMERICA Melanie J. Paquin Deputy Area Manager Bureau of Reclamation 230 Collins Road Boise, ID 83702-4520 Ts Consent has been considered and is hereby approved by the Boise Project Board of Control the day ofMkj��(J� 2018. By. Bo Carter, Manager ACKNOWLEDGEMENT STATE OF IDAHO ) )ss County of Ada ) On the day of , 2018ersonall appeared before p y pp ore me, the undersigned notary, Bob Carter , 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. �%4V ,.•' .:�•••i`�•'••; fit{' Nota lic in and for the i 00,* 4W A IJ a ,1G •�� ,� �p7i��l +$�l, City of Meridian OF State of Idaho Residing at � My commission expires 3 Page 7 of 8 ACKNOWLEDGEMENT STATE OF IDAHO ) )ss County of ►O�cK ) On the qday of 0(2+pIE Sr , 2018, personally appeared before me ` FCLrnmu d& W UAnd , 0-1 O1r, tome known to be the official of City of Meridian, that executed th within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City of Meridian, for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1 c, V, STATE OF IDAHO ) )ss County of Ada ) cl�ak"Wolo Notary Public in and for the State of Qfi�WK 0 Residing at 4YYQjLL-- 1A AO, My commission expires3-a$-,QCa .. ACKNOWLEDGEMENT On the day of , 2018, personally appeared before me Melanie J. Pa uic� n= to 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. Notary Public in and for the State of Idaho Residing at My commission expires CTU: 8-07-11-L4090, City of Meridian Page 8 of 8 Meridian City Council Meeting Agenda October 9, 2018 – Page 121 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 122 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 123 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 124 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 125 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 126 of 454 Meridian City Council Meeting Agenda October 9, 2018 – Page 127 of 454