HomeMy WebLinkAbout2014-211 Consent - DOI-TID-CoA for Billings Siphon
Jackson County Official F ords 2014-020539
R-CO 08/06/2014 02:54:25 PM
Cnt=1 MORGANSS
$60.00$10.00$8.00$11.00$20.00 Total:$112.00
$3.00
Recording requested by: 11111111111111 11111
City of Ashland, Oregon 01634561201400205390120127
After recording return to: I, Christine Walker, County Clerk for Jackson County, Oregon, certify
Bureau Of Reclamation (See address below). that the Instrument identified herein was recorded in the Clerk
records. Christine Walker - County Clerk
Until a change is requested send property
tax statements to: No change in fee title.
Consideration: Other than money.
Location: Section 32, T38S, RIE, WM, no
tax lot- Hwy 99 ROW, Jackson County, OR.
Realty File No.: 14-07-1B-L0011. Space above the line for is Recorder's use.
Licensor: Concurrence: Licensee:
Bureau of Reclamation Talent Irrigation District City of Ashland
Field Office Manager, BFO-1400 District Manager Public Works Director
Bend Field Office 104 W Valley View Rd 51 Winburn Way
1375 SE Wilson Ave, Suite 100 PO Box 467 (mail) 20 E Main Street (mail)
Bend, OR 97702 Talent, OR 97540 Ashland, OR 97520
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Rogue River Basin Project, Oregon
CONSENT
to Place a Municipal Water Main (TAP Intertie Project)
Over and Across the Billings Siphon
THIS CONSENT DOCUMENT is issued pursuant to the Act of June 17, 1902, 32 Stat. 388,
(Reclamation Act), and acts amendatory thereof and supplementary thereto, collectively referred to as
the Federal Reclamation Laws, and the Act of 1939, Section 10, 53 Stat. 1] 96 (Reclamation Project
Act), as amended by the Act of August 18, 1950, 64 Stat. 463, and pursuant to 43 C.F.R. Part 429 -
Use of Bureau of Reclamation Lands, Facilities, and Waterbodies;
BY the UNITED STATES OF AMERICA, acting through the BUREAU OF
RECLAMATION, hereinafter called Reclamation, with the concurrence of TALENT IRRIGATION
DISTRICT, an Oregon special district government, hereinafter called TID, to the CITY OF
ASHLAND, an Oregon municipal corporation;
IN CONSIDERATION of the covenants and warranties stated herein, to which the parties
agree to be bound, and incorporating the recitals, terms and conditions, stipulations and provisions,
and Exhibits A through C, herein;
RECLAMATION CONSENTS to the City of Ashland's request to place, operate, and
maintain a municipal water main over and across the Billings siphon in accordance with the terms and
conditions stated herein, in the location depicted generally in Exhibit A, within the Oregon
Department of Transportation right of way for Highway 99, in Section 32, T38S, R1 E, WM, in
Jackson County, Oregon; effective upon the date of Reclamation's signature hereon, and continuing
for a period of twenty-five (25) years expiring on December 31, 2038.
Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-L0011 Page 1 of 12
WHEREAS:
Recitals
5. City of Ashland is projected to run out of potable water by late summer 2014 due to recent
drought conditions. To obtain additional supply, the city is installing a 16-inch ductile iron water
main a distance of 14,000 feet from the city of Talent to Ashland as part of the TAP Intertie Project.
6. City of Ashland's proposed water main will cross the Billings Siphon, a feature of the
Talent Division of Reclamation's Rogue River Basin Project. The siphon is a high-pressure, buried
pipe that conveys irrigation water from the Talent East Canal across the valley floor to the Talent
West Canal.
7. City of Ashland desires to place the water main over and across the Billings Siphon during
irrigation season when the siphon is carrying irrigation water. City of Ashland understands that
disturbing the ground around the high-pressure siphon is dangerous and that a break in the siphon
could result in loss of life and damage to property.
NOW, THEREFORE:
Crossing
8. City of Ashland will, at its own cost, place a 16-inch, Class 52, ductile iron, water main
pipe across the Billings siphon in accordance with the terms and conditions in this consent document
and in accordance with engineering drawings submitted to Reclamation by RH2 Engineering, Inc., of
60 N 4`h Street, Central Point, OR. Said engineering drawings: Drawing No.W04 (sheet 5 of 9) dated
June 27, 2014, and Drawing No. DO1 (sheet 1 of 1) dated July 15, 2014, are incorporated herein by
reference and partially depicted in Exhibits B and C, respectively. In case of conflict, the terms of this
consent document will control over the drawings.
9. Construction of the crossing includes, generally: repairing the pothole, constructing a
reinforced concrete structure that will straddle the siphon, and placing the water main pipe on the
straddle structure. The straddle structure is required given that the lack of cover over the siphon
precludes adequate separation between the siphon and the water main pipe.
SUBJECT TO:
Construction Stipulations
10. City of Ashland will schedule construction of the crossing with TID, and will confirm the
date and time by email to Reclamation and TID at least 24 hours prior to the start of construction.
City of Ashland will allow personnel from TID and Reclamation on site to observe all activities of the
City of Ashland and its contractors.
11. City of Ashland is responsible for locating the siphon and is responsible for identifying
any hidden conditions. Reclamation previously issued a consent document to the City of Ashland to
authorize the excavation of an exploratory pothole over the Billings siphon (see Realty File No. 14-
07-1 B-L0012).
Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1B-LOOI 1 Page 2 of 12
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12. City of Ashland will excavate a trench in the alignment of its water main pipe that will
cross the siphon at the location of the exploratory pothole. If City of Ashland desires to cross at a
different location along the siphon, City of Ashland must request approval from Reclamation in
writing (an email is considered a writing for this purpose) before proceeding with excavation.
13. City of Ashland must use low-impact excavation methods such as hand-digging or water-
vacuum truck scouring within 10 feet on either side of the centerline of the siphon. City of Ashland
must use the utmost caution to not exert pressure on the siphon at any time or in any manner. The
siphon is under high pressure and impacting the siphon may result in an explosion-like event.
14. City of Ashland will re-expose the siphon in the exploratory pothole and clean all loose
dirt and gravel from the surface of the siphon before proceeding with backfill. Top of siphon must be
inspected by TID or Reclamation prior to proceeding with backfill over the siphon. City of Ashland
will not further expose the siphon beyond the pothole without written permission from Reclamation
and TID.
15. City of Ashland will backfill the pothole with CLSM to maintain a minimum of three (3)
inches of separation between the top of the siphon and the bottom of the reinforced concrete slab.
CLSM must have a minimum compressive strength of 1200 psi at 28 days after placement and must
be allowed to cure at least 2 hours before any material is placed over the CLSM.
16. City of Ashland will construct a straddle structure consisting of a slab and two blocks
using 3500 psi reinforced concrete. Blocks and slab will be poured as one unit. Each block will be
5.0 ft x 3.5 ft x 1.5 ft, with one block situated on each side of the siphon. The slab will be 7 ft x 3.5 ft
x 9 inches, centered on the siphon between the two blocks. The structure will be reinforced with #6
bar, 12 inch O.C., E.F. 60 ksi steel; bars will be placed within the volume of the slab at a minimum of
2 inches from any surface of the concrete slab and will extend a minimum of 20 inches into the
concrete blocks. Concrete will be allowed to cure to 1500 psi at minimum before placing water main
pipe on the straddle structure. A copy of the concrete delivery slip will be provided to Reclamation or
TID at the delivery truck.
17. City of Ashland will place its water main pipe such that no joints are located over the
straddle structure. City of Ashland will backfill over its water main pipe with 20 inches of Class E
CLSM and cover with 4 inches of Class B Iin-0 crushed rock at the surface.
18. City of Ashland will wait at least 48 hours after placing the final fill of CLSM before
driving any heavy equipment, such as paving equipment, within 10 feet on either side of the centerline
of the siphon. City of Ashland will coordinate with Oregon Department of Transportation to install
additional reflectors or other signs of barriers to discourage vehicles from pulling onto the shoulder of
the highway in the location of the siphon crossing.
General Provisions
19. City of Ashland will provide Reclamation, upon request and at no cost to Reclamation,
documents pertaining to the water main crossing improvements, including but not limited to:
engineering drawings (design and as-built), inspection reports, and testing certifications.
Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-1,001 1 Page 3 of 12
20. City of Ashland will own the improvements it places at the Billings siphon crossing. City
of Ashland will place, operate, and maintain the improvements in a good and workmanlike manner.
21. City of Ashland will assure compliance with all laws, regulations, and orders of the
United States, and any other public authority affecting such works. City of Ashland will obtain all
permits or clearances required by other Federal agencies, and State, Tribal, County, and local
governments.
22. After the municipal water main improvements have been completed, City of Ashland will
not install any additional improvements or carry on activities such as installing gates or sign-posts, or
drilling, digging or boring in or around the Billings siphon without first receiving prior written
approval from Reclamation and TID.
23. City of Ashland shall not in any case or circumstance stop, impede, or interfere with the
flow of water in any irrigation project facilities without prior written permission from Reclamation
and TID.
24. If the construction, operation, maintenance, or reconstruction of the irrigation project
facilities are made more expensive by reason of the existence of City of Ashland's improvements
described herein, each time such additional expense is incurred, City of Ashland will make payment
to compensate the United States as instructed by Reclamation. As an alternative to payment, City of
Ashland, at its sole cost and expense and within time limits and conditions established by
Reclamation and TID, may remove or adapt its improvements to accommodate the construction,
operation, maintenance, or reconstruction of the irrigation project facilities.
Indemnification
25. City of Ashland hereby agrees to indemnify the United States and TID for, and hold the
United States and TID 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, reconstruction, care,
operation, maintenance, supervision, examination, inspection, or other activities of City of Ashland.
26. City of Ashland warrants to Reclamation and TID, that City of Ashland and its agents and
contractors have worker's compensation and public liability and property damage insurance in
sufficient policy limits to completely fund City of Ashland's indemnity obligations.
Reservations
27. The canals and siphon are operated and maintained by TID under contract with
Reclamation (see, Repayment Contract No. 14-06-100-1045, dated August 27, 1956, as amended and
supplemented). Congress authorized Reclamation to reconstruct and expand the irrigation facilities of
TID in the Act of August 20, 1954, 68 Stat. 752, and the Act of October 1, 1962, 76 Stat. 677. To
facilitate the Federal water project authorization, TID conveyed its interests in certain facilities and
real property to the United States by Quitclaim Deed, dated September 7, 1960, recorded in Jackson
County Deed Records on September 15, 1960, in Volume 495, page 375, and by Supplemental
Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-1,0011 Page 4 of 12
A
Quitclaim Deed, dated August 1, 1961, recorded in Jackson County Records at Volume 511, page
216. Title to project works remains in the name of the United States until otherwise provided for by
Congress. This consent document does not amend or change the project authorization or the
repayment contract.
28. Reclamation's consent for the City of Ashland's water main crossing is subject to all
rights previously acquired by third parties. City of Ashland is responsible to identify and to obtain
permission from any party who holds rights to the land and improvements. Reclamation makes no
warranty of title and will not defend title.
29. The United States, acting through Reclamation, reserves rights to construct, operate, and
maintain public works now or hereafter authorized by Congress without liability for termination of
this consent document or damage to City of Ashland's activities or facilities.
30. Reclamation and TID shall at all times have the right of unrestricted access, including
ingress to, passage over, and egress from the area where the City of Ashland's water main crosses the
Billings siphon, 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 the Federal water project,
or for any purpose whatsoever.
Hazardous Materials
31. City of Ashland will not allow contamination or pollution of Federal lands, waters or
facilities and for which City of Ashland has the responsibility for care, operation, and maintenance by
its employees or agents and will take reasonable precautions to prevent such contamination or
pollution by third parties. Substances causing contamination or pollution will 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.
a. City of Ashland will 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.
b. "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.
c. Upon discovery of any event which may or does result in contamination or pollution
of Federal lands, waters or facilities, City of Ashland will initiate any necessary emergency measures
to protect health, safety and the environment and will report such discovery with full details of the
actions taken to Reclamation and TID. Reporting may be within a reasonable time period. A
reasonable time period means within 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.
Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-1,0011 Page 5 of 12
d. Violation of any of the provisions of this Article, as determined by Reclamation, may
constitute grounds for termination of Reclamation's consent. Such violations require immediate
corrective action by City of Ashland and will make the city 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.
e. City of Ashland agrees to include the provisions contained in paragraphs (a) through
(e) of this Paragraph in any subcontract or third-party contract it may enter into pursuant to this
document. Reclamation agrees to provide information necessary for the city using reasonable
diligence, to comply with the provisions of this paragraph.
Cultural Resources
32. City of Ashland will protect cultural resources found within the United States easement.
City of Ashland will immediately notify Reclamation of the discovery of any and all antiquities or
other objects of archeological, cultural, historic, or scientific interest on Reclamation lands. City of
Ashland will follow up with a written report of its findings 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 document. City
of Ashland will 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 will be the responsibility of
City of Ashland.
Termination
33. Reclamation may terminate this consent document at any time at no cost or liability to
Reclamation and TID upon written notice to City of Ashland - except that written notice is not
required when delay would endanger the public or the Federal water project operations (see 43 C.F.R.
§ 429.28) - in the following situations:
a. 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; or
b. If Reclamation determines that: the use has become incompatible with authorized
purposes, operations, safety, or security of the Federal water project; or a higher public use is
identified through a public process described at 43 C.F.R. § 429.32(a)(1); or termination is necessary
for operational needs of the Federal water project; or that City of Ashland has failed to use the
consent given in this document for its intended purpose; or if City of Ashland fails to construct its
improvements within a reasonable time after the effective date of this consent document; or
c. If City of Ashland fails to comply with all applicable Federal, State, and local laws,
regulations, ordinances, or terms and conditions of this document, or to obtain any required permits or
authorizations; or if any activity deemed to be illegal is conducted on Federal lands.
Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-LOO I I Page 6 of 12
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34. City of Ashland may terminate this consent document with the written approval of
Reclamation and the concurrence of TID subject to the terms and conditions of their approvals.
35. Upon expiration, termination, or revocation of this consent document, City of Ashland
shall remove all structures, equipment, or other improvements owned by City of Ashland from the
crossing location at no cost to Reclamation and TID. If City of Ashland fails to remove any of its
improvements within sixty (60) days of final effective date of the consent document, any remaining
improvements shall, at the option of Reclamation, be removed or become the property of the United
States. City of Ashland shall pay all the expenses of the United States, or its assigns, related to
removal of such improvements.
Administration
36. Reclamation hereby waives the application fee and administrative fees pursuant to 43
C.F.R. Section 429.26(a)(6) because the applicant is a municipal utility.
37. Modifications to this document must be in writing and must be signed by authorized
officials of City of Ashland and Reclamation, and signed in concurrence by authorized officials of
TID.
38. Unless otherwise stated herein, notices will be in writing and delivered by: personal
delivery; United States Mail, postage prepaid; facsimile; email; or via recognized delivery services;
and must be delivered to City of Ashland, Reclamation, and TID to be effective service.
39. This document is binding upon and inures to the benefit of City of Ashland and
Reclamation and their respective successors and permitted assigns. This document cannot be
transferred or assigned without the prior written approval of Reclamation.
40. If any provision of this document is determined by competent authority to be invalid or
prohibited, the remainder of such provision and any other remaining provisions and the document as a
whole will be unaffected.
41. Titles in articles and paragraphs are for organizational purposes only and will not be used
to interpret this document.
42. This document does not obligate the expenditure of Federal funds in the current or future
fiscal years.
Civil Rights
43. City of Ashland agrees to comply and to require its subcontractors, subgrantees,
transferees, successors in interest, or any other participants, to comply with anti-discrimination laws
and regulations, including the Department of the Interior regulations at 43 C.F.R. § 17, that are
applicable to any program or activity receiving Federal financial assistance, on the basis of:
Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-L001 I Page 7 of 12
a. Race, color, or national origin pursuant to Act of July 2, 1964, Title VI, Section 601,
78 Stat. 241 (Civil Rights Act of 1964);
b. Disability pursuant to the Act of September 26, 1973, Section 504, Pub. L. 93-112, 87
Stat. 355 (Rehabilitation Act of 1973), as amended; and
c. Age pursuant to the Act of November 28, 1975, 89 Stat. 728, 42 U.S.C. § 6101 et
seq., (Age Discrimination Act of 1975), as amended, and 45 C.F.R. § 90.
Conflict of Interest
44. 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. (see, 18 U.S.C. § 431, 41 U.S.C. § 22.)
IN WITNESS WHEREOF, this consent document is executed by;
CITY OF ASHLAND UNITED STATES OF AMERICA
BUREAU OF RECLAMATION
By By
/~G S L . i i Lc ~
On this C day of 2014. On this day of ~A 1,9 , 2014.
IN WITNESS WHEREOF, Talent Irrigation District has considered and concurs with the making of
this consent docume ,
TALENT ATI STRICT
Attested by C, 'n.
~0 C ~rfL
MCI t-)CA CA -'e'r
On this day of , 2014. On this day of , 2014.
Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1B-L001 l Page 8 of 12
ACKNOWLEDGMENT
STATE OF QY Q,Ap1J )
)s.s.
County of '50.CyCS0N )
r1(1l ~OI.St,` I'Y1oYY 1 So N
On this JL#_ day of JVAI 12014,
personally appeared before me, V Notary Public, and is known to me to be the individual who
executed the foregoing instrument, and who stated on oath that he is the
QQCV1 NQ 9Nb1 i C WOrKs Dtrcojoyand that he is authorized to execute the foregoing
instrume on behalf of CITY OF ASHLAND, an Oregon municipal corporation, and
acknowledges his execution of said instrument to be his free and voluntary act and deed for the uses
and purposes therein mentioned.
(SE OFFICIAL STAMP Notary Public
TAMI RENEE DE MILLE-CAMPOS State of: O rho N
NOTARY PUBLIC-OREGON Residing at: 'lacyso tJ
COMMISSION NO. 929018 My Commission Expires: tQ
W COMMISSION EXPIRES JUNE 18, 2018 a~ O
ACKNOWLEDGMENT
STATE O Pe )s.s.
County of
On this au~." , 2014,
persona ly ame, a otary Public, and is known to me be the individual who
e ecu ed the fore oing instrument, and who stated on oath that he is e
of the Bureau of Reclamation, and that he is authorized to
execute th oregoing instrument behalf of the UNITED STATES OF AMERICA, and
acknowledges his execution of said instrument to be his free and voluntary act and deed for the uses
and purposes therein mentioned.
*Notary Pub c
~r • C EXPIRESON State of:
• Residing at:
P~sL,C My Commission Expires:
io
UGUST 16, 201
1YteWAS`
Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-1-0011 Page 9 of 12
EXHIBIT A
APPROXIMATE LOCATION OF BILLINGS SIPHON
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Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-1,001 I Page 10 of 12
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EXHIBIT B
ASHLAND MUNICIPAL WATER MAIN PLAN AND PROFILE
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Consent to Cross the Billings Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland. Realty File No. 14-07-1B-1,001 I Page I I of 12
EXHIBIT C
BILLINGS SIPHON CROSSING DETAIL
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Consent to Cross the Billings Siphon with TAP Intertie Water Main r)R 1 G 1 NAL
City of Ashland, Realty Pile No. 14-07-1 B-1-0011 Page 12 of 12
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