HomeMy WebLinkAbout2007-202 Contract - DOI-BOR - TID
United States Department of the Interior
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IN REPLY REFER TO:
BUREAU OF RECLAMATION
Pacific Northwest Region
1150 North Curtis Road, Suite 100
Boise, Idaho 83706-1234
TAKE PRIDIE'
INAMERICA
PN-3322
WTR-4.00
NOV - 5 2007
Ms. Paula C. Brown, PE
Public Works Director/City Engineer
Public Works Department
20 E. Main Street
Ashland, OR 97520
Subject: Contract No. 08XXIOl623 for Temporary Water Service with the City of Ashland and
the Talent Irrigation District, Rogue River Basin Project, Oregon
Dear Ms. Brown:
Enclosed for your records is an original of the fully executed subject contract, Contract No.
08XXI01623, between the United States of America, the Talent Irrigation District (District), and
the City of Ashland, Oregon (City). The contract provides for the delivery of up to 200 acre-feet
of project water from the District during 2007 for municipal use to the City.
If you have any questions, please contact Mr. Ryan Patterson or Mr. Larry Parsons at the above
address, or by telephone at 208-378-5340 and 208-378-5346, respectively.
Sincerely,
19 Af~~--
)k~.Q
J. William McDonald
Regional Director
Enclosure
cc: Mr. Jim Pendleton
Talent Irrigation District
P.O. Box 467
Talent, OR 97540
(w/original of executed contract)
Oregon Water Resources Department
725 Summer Street NE., Suite A
Salem, OR 97301-1271
(w/copy of contract)
Mr. Arthur Armour
U.S. Army Corps of Engineers
P.O. Box 2946
Portland, OR 97208
(w/copy of contract)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Rogue River Basin Project, Oregon
PN Draft 08/09/07
ContractNo.08>CK101623
TEMPORARY WATER SERVICE CONTRACT BETWEEN THE UNITED STATES OF
AMERICA. THE TALENT IRRIGATION DISTRICT.
AND THE CITY OF ASHLAND. OREGON
Article
No.
1
2-6
7
8
9
10
11
12
13
Contents
Title
Page
No.
Preamble ...................................................................,.......................................
Explanatory Recitals ................................................................................. ........
Water to be Available to the City .....................................................................
Consideration for Water Delivery.....................................................................
Term and Termination of Contract ...................................................................
United States and District Not Liable for Water Shorlages--Adjuslments .......
Disclaimer .........................................................................................................
Notices ..............................................................................................................
. General Provisions....... ......... .............. ...... ................... .....................................
Siguatures..........................................................................................................
Acknowledgments.............................................................................................
Exhibit A
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1-2
2-3
3-4
4
4-5
5
5
5-6
7
8-9
PN Draft 08/09/07
Contract No. 08XXlOl623
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Rogue River Basin Project, Oregon
Talent Division
TEMPORARY WATER SERVICE CONTRACT BETWEEN THE UNITED STATES OF
AMERICA. THE TALENT IRRIGATION DISTRICT.
AND THE CITY OF ASHLAND. OREGON
THIS CONTRACT, made this 5th day of November, 2007, pursuant generally to
the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto,
particularly, but not limited to, Section 9(c)(2) of the Act of August 4,1939 (53 Stat. 1187), and the
Act of August 20,1954 (68 Stat. 752), all collectively known as the Federal Reclamation laws,
between the UNITED STATES OF AMERICA, hereinafterreferred to as the "United States,"
acting through the Bureau of Reclamation, hereinafter referred to as "Reclamation," represented by
the Regional Director, Pacific Northwest Region, hereinafter referred to as the "Contracting
Officer," the TALENT IRRIGATION DISTRICT, hereinafter referred to as the "District," and the
CITY OF ASHLAND, OREGON, hereinafter referred to as the "City."
WITNESSETH, THAT:
The following statements are made in explanation:
EXPLANATORY RECITALS
2. WHEREAS, the Secretary of the Interior, pursuant to the Act of August 20, 1954,
was authorized to construct, operate, and maintain the Talent Division of the Rogue River Basin
1
Project, hereinafter referred to as the "Project," for the purposes of furnishing water for irrigation,
controlling floods, providing hydroelectric power, and for other beneficial purposes; and
3. WHEREAS, the United States and District entered into a repayment contract dated
August 27, 1956, Contract No. 14-06-100-1045, as may have been amended and supplemented,
providing among other things, for a water supply for the irrigation of lands within the District and a
transfer of responsibility to the District for the care, operation, and maintenance of certain water
collection, storage, and distribution works; and
4. WHEREAS, the City desires to obtain 200 acre-feet of water in water year 2007 for
municipal purposes from Project facilities; and
5. WHEREAS, the providing of municipal water to the City will not interfere with
other purposes served by the Project, and the United States and District are agreeable to furnishing
such water to the City pursuant to the terms of this contract; and
6. WHEREAS, the District and City recognize that other agreements between them
also exist for the use of non-Project water by the City, those agreements being dated March 21,
1924; December 7, 1926; May 15, 1935; and November 2, 1937.
NOW, THEREFORE, in consideration of the mutual and dependent covenants
herein contained, it is hereby mutually agreed as follows:
WATER TO BE AVAILABLE TO THE CITY
7. (a) The United States, acting through the District, agrees to make available to
the City up to 200 acre-feet of Project water during the 2007 irrigation season and beyond the
irrigation season up to December 1, 2007. The City shall not use or permit the use of water
delivered to it for any purpose other than irrigation, domestic, municipal or industrial purposes.
Water may be made available for municipal purposes in accordance with a 1978 water right held by
.
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the United States for the District in Howard Prairie Reservoir. It is expressly understood however
that the delivery of this water will only be made during the District's irrigation season as set by its
Board of Directors and is limited by the supply and capacity of District and Project facilities.
(b) The total water flow, not to exceed 3.5 cubic feet per second, shall be
delivered to the City at a point approximately 850 feet south of the southwest comer of Donation
Land Claim No. 45 situated in section 15, township 39 south, range 1 east of the Willamette
Meridian in Jackson County, Oregon. The City shall receive said water at the delivery point and
shall be wholly responsible for taking said water at that point and diverting, conveying and utilizing
it.
(c) The United States and District make no warranties as to the quality of the
water to be delivered to the City and it is understood that the water is not fit for human
consumption and must be processed by the City before the same attains domestic quality.
CONSIDERATION FOR WATER DELIVERY
8. A water service charge of$IO,OOO shall be paid by the City to the United States at
the time of executing this contract. The $10,000 payment equals a rate of $50 per acre-foot of
Project water delivered to the City, determined in accordance with applicable Reclamation law and
policy, and is exclusive of additional charges by the District. The payment will entitle the City to
receive up to 200 acre-feet of water as described in Article 7 of this contract. In the event the
amount of water delivered to the City is less than 200 acre-feet, as reported by the City and
confirmed by the District to the Contracting Officer, the City may request that monies be refunded
to it at a rate of$50 per acre-foot for the amount delivered that is less than 200 acre-feet: provided
that, a minimum water service charge of $1 ,000 shall apply regardless of the amount of water
delivered to the City under this contract; provided further, that any such refund request shall be
3
made in writing to the Contracting Officer only after the City's water use under this contract has
ceased for the year and must be received by the Contracting Officer prior to January 1, 2008. Any
refund to the City will be without interest. The water service charge is in addition to administrative
fees paid by the City to the United States for the preparation of this contract. All payments from
the Contractor to the United States under this contract shall be made by check. Payments to the
United States shall be made to the Bureau of Reclamation at the location described in Article 12 of
this contract.
TERM AND TERMINATION OF CONTRACT
9.
(a)
This contract shall become effective as of the date first above written and
will continue in effect until December 1, 2007, unless sooner terminated as herein provided.
(b) This contract shall be terminated and service hereunder shall cease at the
option of the United States at any time upon failure of the District or the City to abide by any
notice, order, rule, or regulation of the United States or the State of Oregon, related to delivery of
Project water to the City, now or hereafter established. The United States may terminate this
contract and service hereunder may cease if a decision is reached by a Court of competent
jurisdiction requiring termination of water delivery under this contract. The United States may also
terminate this contract and service hereunder may cease, in whole or in part, if the contract water
source becomes unavailable as required by, or due to the application of, federal law, including, but
not limited to, the Endangered Species Act.
UNITED STATES AND DISTRICT NOT LIABLE FOR WATER SHORTAGES --
ADJUSTMENTS
10. On account of drought, errors in operation, or other causes, there may occur at times
a shortage in the quantity of water available to the City by the United States or the District pursuant
to this contract, and in no event shall any liability occur against the United States and the District or
4
any of their officers, agents, or employees for any damage or expense on account of any
fluctuation, for whatever reason, improvements, new construction, changes in operation, drought,
hostile diversion, supplying water for irrigation, prior or superior claims, or for any reason
whatsoever.
DISCLAIMER
11. No provision of this contract, nor of any renewal hereof, nor the furnishing of water
hereunder will be construed to bind the United States or District after the expiration of this contract
as the basis of a permanent water right. The United States will not be held responsible for any acts
or omissions of the District's or City's agents or of persons to whom water is furnished. Further, it
is the responsibility of the District and City to comply with all applicable laws and regulations of
the United States and the State of Oregon regarding any activities involved or associated with the
use of water delivered hereunder, and to obtain all required permits or licenses from the appropriate
Federal, State, or local authorities.
NOTICES
12. Any notice, demand, or request required or authorized by this contract shall be
deemed properly given, except where otherwise herein specifically provided, if mailed, postage
prepaid, to the Regional Director, PN Region, Bureau of Reclamation, 1150 N. Curtis Road, Suite
100, Boise, Idaho 83706-1234, on behalf of the United States, or delivered to Talent Irrigation
District, Attention: Secretary/Manager, P.O. Box 467, Talent, Oregon 97540, on behalf of the
District; or to the City when mailed, postage prepaid, or delivered to the City of Ashland,
Attention: City Administrator, 20 East Main Street, Ashland, Oregon 97520. The designation of
the person to be notified or the address of such person may be changed at any time by similar
notice.
GENERAL PROVISIONS
13. The General Provisions applicable to this contract are listed below. The full text of
these articles is attached as Exhibit A and is hereby made a part of this contract.
a. CONTINGENT UPON APPROPRIATION OR ALLOTMENT OF FUNDS
5
b. OFFICIALS NOT TO BENEFIT
c. ASSIGNMENT LIMITED - SUCCESSORS AND ASSIGNS OBLIGATED
d. BOOKS, RECORDS, AND REPORTS
e. RULES, REGULATIONS, AND DETERMINATIONS
f. ADMINISTRATION OF FEDERAL PROJECT LANDS
g. PROTECTION OF WATER AND AIR QUALITY
h. CONTAMINATION OR POLLUTION OF FEDERAL PROPERTY
i. EQUAL EMPLOYMENT OPPORTUNITY
j. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS
k. PEST MANAGEMENT
1. CONTRACT DRAFTING CONSIDERATIONS
6
IN WITNESS WHEREOF, the parties hereto have signed their names as of the day and
year first above written.
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CITY OF ASHLAND
By ..<IM.;1. ~?;;.
(Name)
4l)IIII# ~Ut.vI~ IhNA1W~ a,~cflJIl...
(Title) /
TALENT IRRIGATION DISTRICT
By ~~ ./ljIJ~P/:'"
Chairman, Board of Directors
UNITED STATES OF AMERICA
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By 9- JdtM/-
Regional Director
PN Region
Bureau of Reclamation
1150 N. Curtis Road, Suite 100
Boise, ID 83706-1234
7
STATE OF OREGON)
J . ss
County of ~)
On this :21 day of ~ . 2007, personally appeared before me,
~~ Public, 19>oWl} to m;.,)o be, respect ely, the:J,lw\a. bIT. 1>.l.T~ and
Ucrd<t' rJUV4n UllllttitS1tf)the CITY OF ASHLAND, and the persons who executed
the within instnunent and acknowledged to me that the CITY OF ASHLAND executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
. OFFICIAL SEAl
APRIL M. LUCAS
NOTARY PUBUC-OREGON
. COMMISSION NO. 388338
MY COMMISSION EXPIRES JAN. 08, 2008
(SEAL)
d..",~ ~ ~. ~1[\.nJ../
Notary Public in and for the
State of Oregon .
Residing at: l\A tl ~ O~ AE."-\\:::U\ci.
My commission expi es: \ \0.. \ 'l.ODC\
**********
STATE OF OREGON)
: ss
County of . '^ r~~ )
On this \ \ ~ day of S"r4'" rr. hQ.l' , 200] personally appeared before me,
a Notary Public, known to me to be, respectively, the eM.",,,,, f\/')b mtl.....;~ and
mn.r\D.~.. . h", Pe~ \,p~1"\ of the TALENT IRRIGATION DISTRICT, and the persons
who executed the within instnunent and acknowledged to me that the TALENT IRRIGATION
DISTRICT executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
. OFFICIAL SEAl
WANDA M. DERRY
NOTARY PUBUc-oREGON
COMMISSION NO. 385732
MY COMMISSION EXPIRES NOV. 08, 2008
h)n. .l't"\r\.. -m. C19.JV' tf
Notary Public in and for the
State of Oregon
Residing at: "Tn. \p_n~_ I ~~~Y'\
My commission expires: \\- -()
(SEAL)
8
STATE OF IDAHO )
County of Ada )
ss
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On this S" day of IV C! lie,.. 6-<'[ . 20k7personally appeared before me,
J". Wi 1(1<. "" WZt- ~ti.-{cI. ,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 he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as ofthe day and year first above written.
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9
EXffiBIT A
GENERAL PROVISIONS - ROGUE RIVER BASIN PROJECT
The Contractor, as referred to in the following Standard Contract Articles, shall be the Talent Irrigation District
and the City of Ashland, Oregon.
CONTINGENT UPON APPROPRIATION OR ALLOTMENT OF FUNDS
(a) The expenditure or advance of any money or the performance of any obligation of the United States
under this contract shall be contingent upon appropriation or allotment of funds. Absence of appropriation or allotment of
funds shall not relieve the Contractor from any obligations under this contract. No liability shall accrue to the United States
in case funds are not appropriated or allotted.
OFFICIALS NOT TO BENEFIT
(b) No Member of or Delegate to the Congress, Resident Commissioner, or Official of the Contractor shall
benefit from this contract other than as a water user or landowner in the same manner as other water users or landowners.
ASSIGNMENT LIMITED - SUCCESSORS AND ASSIGNS OBLIGATED
, (c) The provisions of this contract shall apply to and bind the successors and assigns of the parties hereto, but
no assignment or transfer of this contract or any right or interest therein by either party shall be valid until approved in
writing by the other party.
BOOKS. RECORDS. AND REPORTS
(d) The Contractor shall establish and maintain accounts and other books and records pertaining to the
administration of the terms and conditions of this contract, including the Contractor's financial transactions; water supply
data; the water users' land-use (e.g. crop census), and water-use data; and other matters that the Contracting Officer may
require. Reports shall be furnished to the Contracting Officer in such fonn and on such date or dates as the Contracting
Officer may require. Subject to applicable Federal laws and regulations, each party to this contract shall have the right
during office hours to examine and make copies of the other party's books and records relating to matters covered by this
contract.
RULES. REGULATIONS. AND DETERMINATIONS
(e) (1) The parties agree that the delivery of water or the use of Federal facilities pursuant to this contract is
subject to Federal reclamation law, as amended and supplemented, and the rules and regulations promulgated by the
Secretary of the Interior under Federal reclamation law.
(2) The Contracting Officer shall have the right to make determinations necessary to administer this
contract that are consistent with the expressed and implied provisions of this contract, the laws of the United States and the
State, and the rules and regulations promulgated by the Secretary of the Interior. Such determinations shall be made in
consultation with the Contractor.
ADMINISTRA nON OF FEDERAL PROJECT LANDS
(I) (I) The lands and interests in lands acquired, withdrawn, orreserved and needed by the United States for
the purposes of care, operation, and maintenance of Federal project works may be used by the Contractor for such purposes.
The Contractor shall ensure that no unauthorized encroachment occurs on Federal project lands and rights.of-way. The
Contractor does not have the authority to issue any land-use agreement or grant that conveys an interest in Federal real
property, nor to lease or dispose of any interest of the United States.
(2) The Contractor may, subject to the written approval of the Contracting Officer, issue permits,
licenses, or similar land use documents only to the extent they do not grant an interest in Federal real property.
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PROTECTION OF WATER AND AIR OUAliTY
(g) (I) Project facilities used to make available and deliver water to the Contractor shall be operated
and maintained in the most practical manner to maintain the quality of the water at the highest level possible as detennined
by the Contracting Officer: Provided. That the United States does not warrant the quality of the water delivered to the
Contractor and is under no obligation to furnish or construct water treatment facilities to maintain or improve the quality of
water delivered to the Contractor.
(2) The Contractor shall comply with all applicable water and air pollution laws and regulations of
the United States and the State of Idaho; and shall obtain all required permits or licenses from the appropriate Federal, State,
or local authorities necessary for the delivery of water by the Contractor; and shall be responsible for compliance with all
Federal, State, and local water quality standards applicable to surface and subsurface drainage and/or discharges generated
through the use ofPederal or Contractor facilities or project water provided by the Contractor within the Contractor's
Project Water Service Area.
(3) This Article shall not affect or alter any legal obligations of the Secretary to provide drainage or
other discharge services,
CONTAMINATION OR POLLUTION OF FEDERAL PROPERTY
(h) (1) The Contractor shall not allow contamination or pollution of Federal project lands, project waters, or
project works of the United States or administered by the United States and for which the Contractor has the responsibility
for care, operation, and maintenance by its employees or agents. The Contractor shall also take reasonable precautions to
prevent such contamination or pollution by third parties.
(2) The Contractor 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 Federal project lands, project waters, or project works.
(3) "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. 9 9601, et seq.,
and the regulations promulgated pursuant to that Act. In addition, hazardous material shall include thenna! pollution, refuse,
garbage, sewage effluent, industrial waste, petroleum products, mine tailings, mineral salts, misused pesticides, pesticide
containers, or any other pollutants.
(4) Upon discovery of any event which mayor does result in contamination or pollution of Federal
project lands, water, or project works, the Contractor shall initiate emergency measures to protect health and safety and the
environment if necessary and shall report such discovery with full details of the actions taken to the Contracting Officer.
Reporting shall be within a reasonable time period but shall not exceed 24 hours from the time of discovery if it is an
emergency and the first working day if it is a nonemergency.
(5) If violation of the provisions of this Article occurs and the Contractor does not take immediate
corrective action as detennined by the Contracting Officer, the Contractor may be subject to remedies imposed by the
Contracting Officer, which may include termination of this contract.
(6) The Contractor shall be liable for the cost of full and complete remediation and/or restoration of any
Federal project lands, project waters, or project works that are adversely affected as a result of such violation, and/or
tennination of this contract, unless otherwise agreed to by the Contracting Officer.
(7) Reclamation agrees to provide information necessary for the Contractor. using reasonable diligence,
to comply with the provisions of this Article.
EOUAL EMPLOYMENT OPPORTUNITY
(i) During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because
of race,. color, religion, sex, disability, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their race, color, religion,
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sex, disability, or national origin. Such action shall include, but not be hmited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or tennination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, disability, or national origin.
(3) The Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the Contracting Officer,
advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive
Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24,1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the Contracting Agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled, tenninated or suspended in whole or
in part and the Contractor may be declared inehgible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided. however,
that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of
the United States.
COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULA nONS
(j) (I) The Contractor shan comply with Title VI ofthe Civil Rights Act of 1964 (42 U.S.C. 2000d),
Section 504 of the Rehabilitation Act of 1973 (p.L. 93-112, as amended), the Age Discrimination Act of 1975 (42 U.S.C.
6101, et seq.), Title n of the Americans with Disabilities Act of 1990 if the entity is a State or local government entity
[Title III if the entity is a non-government entity], and any other applicable civil rights laws, as well as with their respective
implementing regulations and guidelines imposed by the U.S. Department ofthe Interior and/or Bureau of Reclamation.
(2) These statutes require that no person in the United States shall be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial
assistance from the Bureau of Reclamation on the grounds ofrace, color, national origin, disability, or age. By executing
this contract, the Contractor agrees to immediately take any measures necessary to implement this obligation, including
permitting officials of the United States to inspect premises, programs, and documents.
(3) The Contractor makes this agreement in consideration of and for the purpose of obtaining any
and an Federal grants, loans, contracts, property discounts, or other Federal financial assistance extended after the date
hereof to the Contractor by the Bureau of Reclamation, including installment payments after such date on account of
arrangements for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees
that such Federal assistance will be extended in reliance on the representations and agreements made in this Article and that
the United States reserves the right to seek judicial enforcement thereof.
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(4) Complaints of discrimination against the Contractor shall he investigated by the Contracting
Officer's Office of Civil Rights.
PEST MANAGEMENT
(k) The Contractor shall effectively control undesirable plants and animals, as defined by the Contracting
Officer, on Federal project lands, project waters, and project works for which the Contractor has operation and maintenance
responsibility. This control shall include Contractor equipment and vehicle decontamination ofreproductive and vegetative
parts that may cause the spread of weeds and other pests upon completion of the work. Decontamination should be
performed on the work area boundary prior to moving equipment and vehicles out of the area where work is performed.
Programs for the control of these undesirable plants and animals on Federal project lands, project waters, and project works
fOT which the Contractor has operation and maintenance responsibility will incorporate Integrated Pest Management (IPM)
concepts and practices. IPM refers to a systematic and environmentally compatible program to maintain pest populations
within economically and environmentally tolerable levels. In implementing an IPM program, the Contractor will adhere to
applicable Federal and State laws and regulations and Department of the Interior and Bureau of Reclamation policies,
directives, guidelines, and manuals.
CONTRACT DRAFTING CONSIDERA nONS
(I) Articles I through 13 of this contract have been drafted, negotiated, and reviewed by the parties hereto,
each of whom is sophisticated in the matters to which this contract pertains, and no one party shaH be considered to have
drafted the stated articles.
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