2022 US Bureau of Reclamation - Grant of Easement No. 06-07-34-L1502 Dike No. 2United States Department of the Interior
IN REPLY REFER TO:
YAO-7120
2.2.3.19
FEDERAL EXPRESS
Mr. Jon McMillen
City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
BUREAU OF RECLAMATION
Yuma Area Office
7301 Calle Agua Salada
Yuma, AZ 85364
12/08/2022
C
Subject: City of La Quinta — Executed Contract and Grant of Easement No. 06-07-34-L1502
(Easement) — Authorization to Own, Use, Operate, and Maintain a Portion of an Existing
Public Roadway within Bureau of Reclamation Acquired Lands for Dike No. 2 — Boulder
Canyon Project, All -American Canal System, Coachella Division, California
Dear Mr. McMillen:
Enclosed for your files is a fully executed duplicate original of the subject Easement.
Please note, Reclamation requires the City of La Quinta (City) to adhere to the following Special
Conditions found under Article 28:
(a) The City acknowledges and agrees that the County shall cease to own, operate, and maintain
the existing Jefferson Street upon the March 22, 2023, expiration provided for in Letter
Agreement No. 21-07-34-L2060 Amendment No. 1 dated March 8, 2022, as depicted on
Exhibit B, District Drawing No. 39108, entitled "County of Riverside Right of Way Map
58th. Avenue Realignment, Work Order 105-002, Sheet 1 of 1, dated March 6, 1970," which
contains 160 acres, more or less, attached hereto and by this reference made a part hereof.
(b)
The City acknowledges and agrees that the City shall maintain ownership, operation, and
maintenance of a portion of the existing Jefferson Street, which shall hereinafter be included
in this Easement for continued access by the general public, District, and Reclamation, as
depicted on Exhibit C, containing the red color -coded segment of the existing Jefferson
Street.
(c) The City acknowledges and agrees that the District intends to convey the lands on which a
portion of the existing Jefferson Street is located to the City, with a perpetual reservation to
the District and Reclamation for purposes of operation and maintenance of Reclamation and
District facilities as depicted on Exhibit C, containing the white outlined/diagonal lined
color -coded segment of the existing Jefferson Street.
(d) The City acknowledges and agrees that the City shall assume ownership, operation, and
maintenance of a portion of the existing Jefferson Street, provided for in Contract
No. 14-06-300-2206, upon the County's March 22, 2023 expiration, which shall hereinafter
INTERIOR REGION 8 • LOWER COLORADO BASIN
ARIZONA, CALIFORNIA*, NEVADA*
' PARTIAL
2
be included in this Easement for the continued access by the general public, District, and
Reclamation as part of the existing Jefferson Street and as depicted on Exhibit C, containing
the yellow color -coded segment of the existing Jefferson Street.
(e) Prior to commencing any new major construction activities, the City shall obtain the
District's written approval and stipulations as indicated by the District's issuance of a
Construction Encroachment Permit to the City and/or its contractor for installation. All
construction activities shall be coordinated with the District prior to commencing work and
during construction, including inspection as required by the District during and after
construction, and shall be conducted in strict compliance with all stipulations as set forth in
said Construction Encroachment Permit.
(f) Any providers of various public utilities who intend to install and/or construct utilities and/or
other improvements on the Premises not specifically authorized by this Easement shall make
separate application to Reclamation and the District for authorization and right -of -use prior to
any construction or installation.
(n) The City shall provide a construction schedule and seventy-two (72) hour notice to
Reclamation prior to any pre -construction meetings and the start of any major construction
activities. Said seventy-two (72) hour notice shall be provided to Reclamation's Technical
Support Office, Construction Services Group Manager, at telephone No. (928) 343-8314 so
that a Reclamation Inspector can attend any pre -construction meetings and be on -site during
construction and installation activities.
(o) The City shall provide a construction schedule and seventy-two (72) hour notice to the
District prior to any pre -construction meetings and the start of any major construction
activities. Said seventy-two (72) hour notice shall be provided to the District's Engineering
Department, at telephone No. (760) 398-2651 so that a District representative can attend any
pre -construction meetings and be on -site during construction and installation activities.
(t) Within ninety (90) days of the completion of any major construction activities, the City shall
furnish Reclamation and the District with as -built drawings of the City Facility and/or City
Facilities, as constructed and installed.
Please reference Contract No. 06-07-34-L 1502 in all communications regarding this matter. If you have
any questions, please contact Ms. Melissa Fairchild, Realty Specialist, via electronic mail at
mafairchild@usbr.gov. Individuals in the United States, who are deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunication relay services.
Individuals outside of the United States should use the relay services offered within their country to make
international calls to the point -of -contact in the United States.
Sincerely,
Digitally signed by
CHRISTOPH CHRISTOPHER
WALLIS
ER WA L L I S Date: 2022.12.08
14:20:09 -07'00'
Christopher M. Wallis, Chief
Resource Management Office
Enclosure
3
cc: Ms. Chris Bogan
Right -of -Way Supervisor
Coachella Valley Water District
75-515 Hovley Lane East
Palm Desert, CA 92211
(via Federal Express w/Duplicate Original)
Ms. Carrie Oliphant, P.E.
Director of Engineering
Coachella Valley Water District
coliphant@cvwd.org
Mr. Bryan McKinney
Public Works Director/City Engineer
City of La Quinta
bmckinney@laquintaca.gov
Ms. Monika Radeva
City Clerk
City of La Quinta
mradeva@laquintaca.gov
Ms. Julie Mignogna
Management Analyst
City of La Quinta
jmignogna@laquintaca.gov
Mr. Bill Ihrke
Rutan & Tucker, LLP
bihrke@rutan.com
(via electronic mail w/o encl to ea)
ORIGINAL
1 Contract No. 06-07-34-L1502
2
3
4
5 UNITED STATES
6 DEPARTMENT OF THE INTERIOR
7 BUREAU OF RECLAMATION
8 INTERIOR REGION 8: LOWER COLORADO BASIN
9 YUMA AREA OFFICE
[ [l YUMA, ARIZONA
I
f? BOULDER CANYON PROJECT,
13 ALL-AMERICAN CANAL SYSTEM,
14 COACHELLA DIVISION,
15 CALIFORNIA
16
17 CONTRACT AND GRANT OF EASEMENT
18 FOR
19 PUBLIC ROADWAY
20
21 1. THIS CONTRACT AND GRANT OF EASEMENT (Easement) is made this
22 day of , 2022, pursuant to provisions of the Reclamation Act of June 17, 1902
23 (32 Stat. 388); the Reclamation Project Act of August 4, 1939 (53 Stat. 1187); as amended
24 August 18, 1950 (64 Stat. 463); and acts amendatory thereof or supplementary thereto; and the
25 provisions of 43 C.F.R. § 429, between the United States of America, acting through the
26 Bureau of Reclamation, hereinafter referred to as "Reclamation," represented by the officer
27 executing this Easement, hereinafter referred to as the "Area Manager," and the City of La
28 Quinta, hereinafter referred to as the "City," with the concurrence of the Coachella Valley Water
29 District, hereinafter referred to as the "District."
3❑
31 WITNESSETH THAT:
32
33 2. WHEREAS, the United States acquired the hereinafter described lands upon which are
34 located Reclamation project works commonly known as "Dike No. 2" and appurtenant
35 facilities (Dike), all of which are maintained by the District, a feature of the Boulder Canyon
36 Project, All -American Canal System, Coachella Division, as depicted on Exhibit A; and
37
38 3. WHEREAS, Reclamation, on behalf of the United States, granted the County of Riverside,
39 hereinafter referred to as the "County," a right -of -use authorization, Agreement and License for
40 County Highway Facilities, Contract No. 14-06-300-2206, for the construction, operation, and
41 maintenance of a roadway known as Jefferson Street/Cahuilla Park Road (Jefferson Street),
42 within the right-of-way for said Dike, with an expiration date of October 19, 2020. Said
43 Jefferson Street is partially constructed within aforementioned Reclamation acquired lands as
44 depicted on Exhibit B; and
45
2
46 4. WHERAS, by Letter Agreement No. 21-07-34-L2060, as amended, among Reclamation,
47 District, Riverside County, and Riverside County Regional Park and Open -Space District, the
48 term of Contract No. 14-06-300-2206 has been extended to March 22, 2023; and
49
50 5. WHEREAS, the City is maintaining ownership, operation, and maintenance of a portion of
51 the existing Jefferson Street, which will hereinafter be included in this Easement for continued
52 access by the general public, District, and Reclamation, as depicted on Exhibit C; and
53
54 6. WHEREAS, the District intends to convey the lands on which a portion of the existing
55 Jefferson Street is located to the City, with a perpetual reservation to the District and
56 Reclamation for purposes of operation and maintenance of Reclamation and District facilities as
57 depicted on Exhibit C; and
58
59 7. WHEREAS, the City is assuming ownership, operation, and maintenance of a portion of the
60 existing Jefferson Street, provided for in Contract No. 14-06-300-2206, as depicted on
61 Exhibit C; and
62
63 8. WHEREAS, the City desires a perpetual Grant of Easement from Reclamation for
64 authorization and right -of -use to own, use, operate, and maintain a portion of the existing public
65 roadway within, on, over, and/or across certain Reclamation acquired lands; and
66
67 9. WHEREAS, the District has affirmed to Reclamation that the ownership, use, operation,
68 and maintenance by the City of such portion of existing public roadway, subject to the terms and
69 conditions set forth herein, will not interfere with the operation and maintenance of said Dike or
70 appurtenant facilities; and
71
72 10. WHEREAS, the District recommends that Reclamation authorize the ownership, use,
73 operation, and maintenance of the said portion of existing public roadway by the City, subject to
74 the terms and conditions set forth herein; and
75
76 11. WHEREAS, the United States owns, Reclamation administers, and the District operates a
77 78-inch irrigation lateral known as the Irrigation Lateral 123.45 (Lateral). Portions of said
78 Lateral traverse the said lands, further defined herein, within aforementioned Reclamation
79 acquired lands as depicted on Exhibit D; and
80
81 12. WHEREAS, the United States owns, Reclamation administers, and the District operates an
82 irrigation lateral known as the Irrigation Lateral 123.45-0.75 (Sublateral). Portions of said
83 Sublateral traverse the said lands, further defined herein, within aforementioned Reclamation
84 acquired lands as depicted on Exhibit E; and
85
86 13. WHEREAS, the District owns and operates its Reservoir/Booster Site 6730 (Reservoir Site)
87 and 36-inch, 18-inch, and 12-inch domestic water pipelines (Domestic Facilities) within said
88 lands. Said Reservoir Site and Domestic Facilities are accessed by the existing Jefferson Street
89 alignment as further described herein; and
Contract No. 06-07-34-L1502
3
90
91 14. WHEREAS, the granting of this Easement by Reclamation and the exercise of such
92 right -of -use by the City under the terms and conditions herein provided shall be compatible with
93 the purposes for which Reclamation acquired lands are administered by Reclamation on behalf
94 of the United States; and
95
96 15. WHEREAS, the purpose of this Easement is to grant the City authorization and a
97 right -of -use to own, use, operate, and maintain said portions of Jefferson Street that crosses
98 Reclamation acquired lands as further defined herein; and
99
100 16. NOW THEREFORE, in consideration of the mutual agreements and covenants contained
101 herein, Reclamation, on behalf of the United States, by this Contract and Grant of Easement,
102 hereby grants to the City, except as otherwise provided herein, the following described use of
103 real property for the ownership, use, operation, and maintenance by the City of such portion of
104 existing public roadway (hereinafter referred to as the "City Facility," and portions of the public
105 roadway as the "City Facilities") which is located within, on, over, and/or across portions of the
106 following described Reclamation acquired lands, hereinafter referred to as the "Premises," to wit:
107
108 PERPETUAL EASEMENT
109
110 San Bernardino Meridian, California
111
112 T. 6 S., R. 7 E.,
113 section 29, NEVI, portions of.
114
115 Said lands are more fully depicted in Exhibit C. The Premises contain 2 acres, more or
116 less.
117
118 (a) By accepting and signing this Easement, and by using the Premises described herein,
119 the City agrees to comply with and be bound by the terms and conditions described or referenced
120 herein during all ownership, use, operation, maintenance, termination, and relocation (if required
121 and as hereinafter provided) activities of said portion of Jefferson Street and continued access by
122 the District and Reclamation.
123
124 17. FEDERAL FACILITIES:
125
126 (a) DIKE NO. 2
127
128 The United States owns, Reclamation administers, and the District operates and maintains
129 Dike No. 2 and appurtenant facilities, as depicted on Exhibit A, Reclamation
130 Drawing Nos. 212-300-393, 212-300-394, and 212-300-420, entitled "Dike No. 2 Right -of -Way
131 Map," attached hereto and by this reference made a part hereof.
132
Contract No. 06-07-34-L1502
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133 The Dike shall be protected in place during the use, operation, and maintenance of the City
134 Facilities, and the Dike's structural integrity shall not be impacted or compromised by any rights
135 or City Facilities authorized by this Easement.
136
137 The City shall be responsible for any damage to said Dike by the City or its
138 Representatives, except for any damage caused by Reclamation and/or the District, their officers,
139 employees, agents, representatives, successors, and/or assigns. The term "Representatives" for
140 purposes of this Easement shall mean all contractors, subcontractors, employees, representatives,
141 officers, agents, directors, or any persons directly or indirectly employed or reasonably under the
142 control of, or for whose acts any of the foregoing may be liable.
143
144 (b) IRRIGATION LATERAL 123.45
145
146 The United States owns, Reclamation administers, and the District operates
147 Lateral 123.45 as depicted on Exhibit D, Reclamation Drawing C-7-16, entitled: "Easement for
148 Distribution System Parcel C-7-16," attached hereto and by this reference made a part hereof.
149
150 The Lateral shall be protected in place during the use, operation, and maintenance of the
151 City Facilities, and the Lateral's structural integrity shall not be impacted or compromised by
152 any rights or City Facilities authorized by this Easement.
153
154 The City shall be responsible for any damage to or obstruction of water delivery from said
155 Lateral by the City or its Representatives, except for any damage caused by Reclamation and/or
156 the District, their officers, employees, agents, representatives, successors, and/or assigns.
157
158 (c) IRRIGATION SUBLATERAL 123.45-0.75
159
160 The United States owns, Reclamation administers, and the District operates
161 Sublateral 123.45-0.75.
162
163 The Sublateral shall be replaced prior to any major construction or replacement of Jefferson
164 Street. This replacement shall be performed under direct District inspection as specified in
165 Article 28(e), described herein. The replacement shall be performed in accordance with
166 aforementioned Exhibit E, District Drawing Nos. 39472 through 39474, entitled: "24" Irrigation
167 Lateral 123.45-0.75 Line Replacement Plans 58th Avenue, dated May 7, 2013;" attached hereto
168 and by this reference made a part hereof, or as updated by the direction of the District and agreed
169 upon by the City.
170
171 The City shall be responsible for any damage to or obstruction of water delivery from said
172 Sublateral by the City or its Representatives, except for any damage caused by Reclamation
173 and/or the District, their officers, employees, agents, representatives, successors, and/or assigns.
Contract No. 06-07-34-L1502
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174
175 18. DISTRICT FACILITY:
176
177 RESERVOIR/BOOSTER 6730 (Reservoir Site) (Domestic Facilities)
178
179 The District owns and operates its Reservoir Site and Domestic Facilities.
180
181 The District's vehicular access to the Reservoir Site and Domestic Facilities shall continue
182 to be from the existing Jefferson Street alignment. City shall continue to maintain said access
183 route to ensure the District's unobstructed and unhindered access to the Reservoir Site and
184 Domestic Facilities.
185
186 The District's Reservoir Site and Domestic Facilities must be protected in place during the
187 ownership, use, operation, and maintenance of City Facilities and the District's access to the
188 Reservoir Site and Domestic Facilities must be maintained at all times.
189
190 The City shall be responsible for any damage to or obstruction of domestic water delivery
191 from the Reservoir Site or Domestic Facilities by the City or its Representatives except for any
192 damage caused by Reclamation and/or the District, their officers, employees, agents,
193 representatives, successors, and/or assigns.
194
195 19. OWNERSHIP OF CITY FACILITY AND CITY FACILITIES: The City shall at all times
196 and at its sole expense, without any expense and/or liability whatsoever to the United States,
197 Reclamation and/or the District, reconstruct, own, operate, maintain, and make necessary repairs
198 to or replacements of the City Facility and City Facilities in a manner so as not to interfere with
199 the proper use and operation of or cause injury or damage to any property or waters of the United
200 States, property of the District, and/or any facilities or project works of Reclamation and/or the
201 District. The City shall reimburse Reclamation and/or the District for all injury or damage to
202 said property, waters, facilities, and/or project works arising out of the utilization of the rights
203 granted pursuant to this Easement which is caused by the City or its Representatives, and the
204 City shall promptly pay any invoice rendered therefore by Reclamation and/or the District.
205
206 20. LAND USE:
207
208 There is reserved from the rights herein granted, the prior rights of the United States acting
209 through the Bureau of Reclamation, Department of the Interior, to construct, operate, and
210 maintain public works now or hereafter authorized by the Congress without liability for
211 severance or other damage to the City's work; provided, however, that if such reserved rights are
212 not identified in at least general terms in this Easement and exercised for works authorized by the
213 Congress within ten (10) years following the date of this Easement, they will not be exercised
214 unless the City, or City's successor in interest is notified of the need, and grants an extension or
215 waiver. If no extension or waiver is granted, the United States will compensate, or institute
216 mitigation measures for any resultant damages to works placed on said lands pursuant to the
217 rights herein granted. Compensation shall be in the amount of the cost of reconstruction of City's
Contract No. 06-07-34-L1502
6
218 works to accommodate the exercise of the United States reserved rights. As alternatives to such
219 compensation, the United States, at its option and at its own expense, may mitigate the damages
220 by reconstructing the City's works to accommodate the United States facilities, or may provide
221 other adequate mitigation measures for any damage to the City's property or right. The decision
222 to compensate or mitigate is that of the appropriate Regional Director.
223
224 21. TERM: The term of this Easement shall become effective March 22, 2023, and shall
225 continue in perpetuity unless otherwise terminated as provided for in Articles 23 and 24 herein.
226
227 22. RELOCATION OF CITY FACILITIES:
228
229 (a) In the event Reclamation determines that the Premises or any portion thereof is
230 needed for Reclamation project purposes, and which project is incompatible with the City's use
231 of the Premises as a public roadway, all or a portion of the City Facilities shall be relocated at the
232 City's sole expense in accordance with the following:
233
234 (1) Reclamation will provide written notice to the City of the need for all or any portion
235 of the Premises for Reclamation project purposes. Said notice will include the requirement for
236 the City to submit its plan for relocation of the particular portion of City Facilities for review and
237 approval by Reclamation and the District. Said relocation plan shall be submitted to
238 Reclamation and the District within a timeframe mutually agreed upon by Reclamation, the
239 District, and the City.
240
241 (2) Reclamation will work in good faith with the City and the District to consider
242 alternative access location(s) for City Facilities across the Premises, at the sole expense of the
243 City and which may require amending this Easement.
244
245 (3) The City shall ensure City Facilities are relocated within a timeframe mutually
246 agreed upon by Reclamation, the District, and the City following (i) Reclamation's written
247 approval of the City's relocation plan and (ii) the City's approval of an appropriation for any
248 expenditure by the City for any expenses proposed to be incurred by the proposed relocation of
249 City Facilities. Upon relocation of City Facilities, the City shall restore the Premises to a
250 condition satisfactory to the Area Manager. If the City fails to secure appropriations for the
251 relocation of City Facilities or complete relocation of City Facilities within a reasonable
252 timeframe, the Area Manager may modify, deny or prohibit use of City Facilities, and any
253 remaining improvements shall, at the option of Reclamation, be removed at the expense of the
254 City or become property of the United States. The City shall promptly pay Reclamation for
255 removal and restoration activities upon receipt of an invoice for the same.
256
257 (4) Upon completion of relocation of City Facilities, Reclamation shall modify or
258 terminate this Easement in whole or in part, as applicable.
Contract No. 06-07-34-L1502
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259
260 23. TERMINATION OF EASEMENT BY RECLAMATION:
261
262 (a) This Easement shall terminate, and all rights granted to the City hereunder shall
263 cease, and the City shall quietly deliver to Reclamation possession of the Premises in like
264 condition as when taken, reasonable wear and tear excepted:
265
266 (1) The United States, acting through Reclamation, Department of the Interior,
267 reserves rights to construct, operate, and maintain public works now or hereafter authorized by
268 the Congress without liability for termination of the Easement or other damage to the City's
269 activities or facilities.
270
271 (2) For nonuse of the City Facility and/or City Facilities over the Premises by the
272 City for a period of two (2) years following the execution of this Easement, at the option of
273 Reclamation.
274
275 (3) After failure of the City to observe any of the conditions of this Easement, to
276 include payment of any and all sums due to Reclamation as set forth herein, and on the
277 tenth (loth) day following service of written notice on the City of termination because of failure
278 to observe such conditions. Any notice required by this Article shall be served by certified mail
279 addressed to the respective post office addresses provided in Article 35, and the mailing of any
280 such notice properly enclosed, addressed, stamped, and certified, shall be considered service.
281
282 (4) Reclamation may, at any time and at no cost or liability to the United States,
283 terminate this Easement in the event of a natural disaster, a national emergency, a need arising
284 from security requirements, or an immediate and overriding threat to public health and safety.
285
286 (5) Reclamation may, at any time and at no cost or liability to the United States,
287 terminate any use authorization for activities other than existing authorized private exclusive
288 recreational or residential use as defined under 43 CFR § 429.2 (2016), if Reclamation
289 determines that any of the following apply:
290
291 (i) The use has become incompatible with authorized project purposes,
292 project operations, safety, and security;
293
294 (ii) A higher public use is identified through a public process described at
295 43 CFR § 429.32(a)(1) (2016); or
296
297 (iii) Termination is necessary for operational needs of the project.
298
299 (6) Reclamation may, at any time and at no cost or liability to the United States,
300 terminate this Easement if it determines that the City has used this Easement for any purpose
301 other than its intended purpose.
302
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303 (7) Reclamation may, at any time and at no cost or liability to the United States,
304 terminate this Easement if the City fails to comply with all applicable Federal, State, and local
305 laws, regulations, ordinances, Executive Orders, and Reclamation Laws, policies, and directives
306 and standards, existing or hereafter enacted or promulgated, or terms and conditions of any use
307 authorization, or to obtain any required permits or authorizations.
308
309 (8) The City shall restore and repair, if necessary, the Premises and surrounding
310 area to its original condition or improved and in a manner satisfactory to Reclamation and the
311 District.
312
313 (9) Should this Easement be terminated, Reclamation, reserves the right to bar the
314 City from the authorization to use the Premises for a period of time, as determined by the Area
315 Manager.
316
317 24. TERMINATION OF EASEMENT BY THE CITY: This Easement may be terminated at
318 any time by the City upon sixty (60) days written notice to Reclamation. Should the City
319 exercise its option to terminate this Easement, all rights granted the City hereunder shall cease,
320 and the City shall quietly deliver to Reclamation possession of the Premises in like condition as
321 when taken, reasonable wear and tear excepted.
322
323 25. CONSIDERATION: In accordance with 43 CFR § 429 (2011), consideration for this
324 Easement shall be payment to Reclamation by the City of the following:
325
326 (a) The sum of Two Hundred Dollars ($200), as the initial deposit fee required by
327 43 C.F.R. § 429.6(b) (2007), for submission and preliminary review of the application the receipt
328 of which is hereby acknowledged; and
329
330 (b) Additional administrative costs in excess of the initial deposit for administrative costs
331 incurred by Reclamation in processing this Easement, the receipt of which is hereby
332 acknowledged.
333
334 (c) In accordance with 43 CFR § 429.26(a)(3) (2007), consideration of use fees for this
335 Easement is waived.
336
337 (d) All estimated administrative costs, in advance, or within thirty (30) days after receipt
338 of an invoice rendered therefore; advance administrative costs in excess of actual costs shall be
339 refunded.
340
341 26. EXCEPTIONS AND RESERVATIONS:
342
343 (a) Reclamation and the District reserve the right of their officers, employees, and agents
344 to at all times have unrestricted access and ingress to, passage over, and egress from all of the
345 Premises to make investigations of all kinds, dig test pits and drill test holes, to survey for,
346 operate, and maintain existing Reclamation works and facilities, and to construct reclamation and
Contract No. 06-07-34-L1502
9
347 irrigation works and other structures incident to Reclamation project needs and purposes.
348 Reclamation and the District shall have no obligation to restore the City Facilities if Reclamation
349 and the District exercise their rights reserved herein. All costs, expenses, obligations, and duties,
350 to restore any part of the City Facilities shall be incurred by the City.
351
352 (b) The rights granted hereunder shall not be exclusive in character and Reclamation and
353 the District reserve to themselves, their successors and assigns, the right against the City to use
354 any or all of the Premises, which is or may be crossed, or upon which irrigation and drainage
355 facilities and works of Reclamation and the District have been constructed, and to construct,
356 reconstruct, operate, and maintain therein and thereon works including, but not limited to, dams,
357 dikes, canals, waste ways, laterals, ditches, telephone and telegraph lines, electric transmission
358 lines, roadways, and appurtenant irrigation and drainage structures which may be needed or
359 useful in connection with or as part of canals, laterals, and other irrigation and drainage facilities
360 without any payment by Reclamation or the District, its successors and assigns, for the exercise
361 of such right. The City agrees that if the construction, reconstruction, installation, operation, or
362 maintenance of any or all of such works of Reclamation, on or across the Premises, should be
363 made more expensive by reason of the existence of the City Facilities, such additional expense
364 may be estimated by Reclamation or the District whose estimate shall be final and binding upon
365 the parties hereto, and within thirty (30) days after demand is made upon the City for payment of
366 any such sums, the City shall make payment thereof to Reclamation and the District, its
367 successors and assigns, for constructing, operating, or maintaining such works across, over,
368 under or upon the Premises.
369
370 (c) Reclamation and the District reserve the right to inspect the City Facilities under the
371 terms of this Easement both during the progress of construction and upon completion thereof and
372 anytime thereafter.
373
374 (d) Jurisdiction of and supervision by Reclamation over the Premises is not surrendered
375 or subordinated by issuance of this Easement and Reclamation reserves the right to issue
376 additional use authorizations and other agreements for compatible use of the Premises.
377
378 27. TERMS AND CONDITIONS: In use of the Premises, the City shall faithfully observe
379 each of the following conditions:
380
381 (a) The City, at its sole expense, shall reconstruct, own, use, operate, and maintain the
382 City Facility and/or City Facilities in conformity with all applicable Federal, State, and local
383 laws, regulations, ordinances, Executive Orders, and Reclamation Laws, policies, and directives
384 and standards, existing or hereafter enacted or promulgated, including but not limited to, those
385 relating to pollution and environmental control.
386
387 (b) All reconstruction, ownership, use, operation, and maintenance activities undertaken
388 pursuant to this Easement shall be in conformity with the specifications approved in advance by
389 Reclamation and the District and shall be conducted by the City at all times in a manner
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10
390 satisfactory to Reclamation and the District, where such specifications and conduct shall be
391 consistent with the use of a public roadway in and around the City.
392
393 (c) The City shall at all times, and at its sole expense, operate and maintain and make
394 necessary repairs and replacements for City Facility and City Facilities in a good and
395 workmanlike manner so as not to interfere with the proper use and operation of, or caused injury
396 or damage to any property, irrigation, and drainage facilities, or works of Reclamation. Such
397 operations, maintenance, repairs and replacement shall be consistent with the use of a public
398 roadway in and around the City. All equipment installed, operated, and maintained pursuant to
399 this Easement will be maintained in a safe condition satisfactory to the Area Manager and the
400 District. The City shall reimburse Reclamation for all injury or damage to property, irrigation
401 and drainage facilities, or works of Reclamation arising out of the utilization of the rights granted
402 pursuant to this Easement which is caused by the City, its officers, agents, or employees, and the
403 City will promptly pay any bills rendered therefore by Reclamation.
404
405 (d) The City shall ensure City Facility, City Facilities, Premises, and surrounding area
406 are maintained in a sanitary condition at all times. All trash and debris shall be removed upon
407 leaving the Premises.
408
409 (e) During the City's use of the Premises, the City shall carry out proper and efficient
410 measures to reduce nuisance by dust and to prevent dust which has originated from its operations
411 from damaging any other properties or causing a nuisance to persons.
412
413 (f) The City shall reimburse Reclamation and the District for any and all costs and
414 expenses incurred in the defense of any action which challenges the City's use of the Premises.
415
416 (g) The City shall not use the Premises or permit the use thereof for any purpose except
417 as set forth herein.
418
419 (h) The rights granted by this Easement are subject to any and all applicable Federal,
420 State, and local laws, regulations, ordinances, Executive Orders, and Reclamation Laws, policies,
421 and directives and standards, existing or hereafter enacted or promulgated, and rights of
422 Reclamation, the United States, and to existing rights in favor of the public or third parties. The
423 City agrees that it is its sole responsibility to make whatever arrangements as are necessary to
424 obtain such rights as may be required of the City from any other party or parties holding any
425 other interests.
426
427 (i) The City shall ensure that no unauthorized encroachment occurs, and no waste is
428 committed, on the Premises under this Easement.
429
430 (j) The City shall have the right to allow its Representatives, including its agents,
431 contractors, and subcontractors, to use the Premises under this Easement for the purposes stated
432 herein.
433
Contract No. 06-07-34-L1502
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434 (k) The City shall not issue or grant easements, rights -of -way, land rights, leases,
435 licenses, permits, crossing agreements, and recreational or special use agreements, and shall not
436 allow commercial ventures on the Premises by this Easement. All such use instruments shall
437 only be issued by Reclamation.
438
439 (1) The City shall promptly reimburse Reclamation and/or the District for all damages to
440 the Premises, waters, facilities, and/or project works, arising out of the reconstruction, operation,
441 maintenance, use, termination, or removal by the City of City Facility and/or City Facilities
442 located on the Premises under this Easement, provided, however, that if Reclamation and/or the
443 District do not use the payment to repair such damages, Reclamation and/or the District shall not
444 recover additional payment for such damages at the time of termination of this Easement.
445
446 28. SPECIAL CONDITIONS: In use of the Premises, the City shall faithfully observe each of
447 the following conditions:
448
449 (a) The City acknowledges and agrees that the County shall cease to own, operate, and
450 maintain the existing Jefferson Street upon the March 22, 2023 expiration provided for in Letter
451 Agreement No. 21-07-34-L2060 Amendment No. 1 dated March 8, 2022 as depicted on
452 Exhibit B, District Drawing No. 39108, entitled "County of Riverside Right of Way Map 58th.
453 Avenue Realignment, Work Order 105-002, Sheet 1 of 1, dated March 6, 1970," which contains
454 160 acres, more or less, attached hereto and by this reference made a part hereof.
455
456 (b) The City acknowledges and agrees that the City shall maintain ownership, operation,
457 and maintenance of a portion of the existing Jefferson Street, which shall hereinafter be included
458 in this Easement for continued access by the general public, District, and Reclamation, as
459 depicted on Exhibit C, containing the red color -coded segment of the existing Jefferson Street.
460
461 (c) The City acknowledges and agrees that the District intends to convey the lands on
462 which a portion of the existing Jefferson Street is located to the City, with a perpetual reservation
463 to the District and Reclamation for purposes of operation and maintenance of Reclamation and
464 District facilities as depicted on Exhibit C, containing the white outlined/diagonal lined
465 color -coded segment of the existing Jefferson Street.
466
467 (d) The City acknowledges and agrees that the City shall assume ownership, operation,
468 and maintenance of a portion of the existing Jefferson Street, provided for in Contract
469 No. 14-06-300-2206, upon the County's March 22, 2023 expiration, which shall hereinafter be
470 included in this Easement for the continued access by the general public, District, and
471 Reclamation as part of the existing Jefferson Street and as depicted on Exhibit C, containing the
472 yellow color -coded segment of the existing Jefferson Street.
473
474 (e) Prior to commencing any new major construction activities, the City shall obtain the
475 District's written approval and stipulations as indicated by the District's issuance of a
476 Construction Encroachment Permit to the City and/or its contractor for installation. All
477 construction activities shall be coordinated with the District prior to commencing work and
Contract No. 06-07-34-L1502
12
478 during construction, including inspection as required by the District during and after
479 construction, and shall be conducted in strict compliance with all stipulations as set forth in said
480 Construction Encroachment Permit.
481
482 (f) Any providers of various public utilities who intend to install and/or construct
483 utilities and/or other improvements on the Premises not specifically authorized by this Easement
484 shall make separate application to Reclamation and the District for authorization and right -of -use
485 prior to any construction or installation.
486
487 (g) The City shall follow Reclamation's requirements for crossings of Reclamation
488 projects and facilities which are found in Reclamation's "Engineering and O&M Guidelines for
489 Crossings Bureau of Reclamation Water Conveyance Facilities (Canals, Pipelines, and Similar
490 Facilities)" as described and depicted on Exhibit F, attached hereto and by this reference made a
491 part hereof.
492
493 (h) Any construction outside of the Premises is not authorized by the United States,
494 Reclamation, or this Easement.
495
496 (i) Any changes proposed by the City to the approved details of City Facility and/or City
497 Facilities, as described on the Exhibits attached hereto, shall require review and approval in
498 advance by Reclamation and the District.
499
500 (j) The City shall be solely responsible for, and ensure that Reclamation and District
501 projects and facilities, and the Premises and waters, are protected during the reconstruction,
502 ownership, use, operation, maintenance, termination, or relocation activities authorized herein.
503
504 (k) The City shall be liable for any costs associated with repairs of Reclamation and/or
505 District facilities if damaged during the reconstruction, ownership, use, operation, maintenance,
506 termination, or relocation of the activities authorized herein.
507
508 (1) The City shall protect all properties owned and/or previously permitted by
509 Reclamation, on behalf of the United States, on the Premises.
510
511 (m) The City shall be solely responsible for, and ensure that, no material of any kind is
512 discharged into Reclamation and/or District facilities.
513
514 (n) The City shall provide a construction schedule and seventy-two (72) hour notice to
515 Reclamation prior to any pre -construction meetings and the start of any major construction
516 activities. Said seventy-two (72) hour notice shall be provided to Reclamation's Technical
517 Support Office, Construction Services Group Manager, at telephone No. (928) 343-8314 so that
518 a Reclamation Inspector can attend any pre -construction meetings and be on -site during
519 construction and installation activities.
Contract No. 06-07-34-L1502
13
520
521 (o) The City shall provide a construction schedule and seventy-two (72) hour notice to
522 the District prior to any pre -construction meetings and the start of any major construction
523 activities. Said seventy-two (72) hour notice shall be provided to the District's Engineering
524 Department, at telephone No. (760) 398-2651 so that a District representative can attend any
525 pre -construction meetings and be on -site during construction and installation activities.
526
527 (p) All on -site personnel in the construction area shall be personally instructed by the
528 City regarding the conditions outlined herein.
529
530 (q) This authorization to use the Premises shall not be construed as a grant of any
531 permanent ownership and/or interest or as abandonment by the United States or Reclamation of
532 any rights including but not limited to management responsibilities, use, and occupancy of the
533 Premises.
534
535 (r) Any damage to the City Facilities or its related features caused by operation and
536 maintenance activities of Reclamation and/or the District on project works and/or facilities shall
537 be the sole responsibility of the City to repair and/or replace, and the United States, Reclamation,
538 and/or the District shall have no financial responsibility for any such repairs and/or replacements.
539
540 (s) The City shall reimburse Reclamation and/or the District for any additional costs
541 incurred in the operation and maintenance of Reclamation and/or District facilities which are
542 attributable to the City Facilities and its related features.
543
544 (t) Within ninety (90) days of the completion of any major construction activities, the
545 City shall furnish Reclamation and the District with as -built drawings of the City Facility and/or
546 City Facilities, as constructed and installed.
547
548 GENERAL PROVISIONS
549
550 29. HOLD HARMLESS:
551
552 (a) Reclamation: The City hereby agrees to indemnify and hold harmless Reclamation,
553 its officers, employees, agents, and assigns, from any loss or damage and from any liability on
554 account of personal injury, property damage, or claims for personal injury or death arising out of
555 the City's activities under this Easement. Additionally, except for acts of negligence, the City
556 releases Reclamation, its officers, employees, agents, and assigns, from any and all liability for
557 damage arising from injury to persons or damage to structures, equipment, improvements, or
558 works of the City resulting from the construction, reconstruction, operation, or maintenance of
559 any of the works of Reclamation. Provided, however, that nothing contained in this clause shall
560 be deemed to modify or limit any liability which may be imposed by the Federal Tort Claims
561 Act, 28 U.S.C. § 2671-2680.
Contract No. 06-07-34-L1502
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562
563 (b) District: The City shall indemnify, defend, and hold harmless the District, its officers,
564 directors, employees, agents, representatives, successors, and assigns, from and against all
565 claims, costs, losses, damages, demands, liabilities, and expenses (including, but not limited to,
566 all fees and charges of attorneys and other professionals, and all court or arbitration or other
567 dispute resolution costs) of any kind or character arising out of or relating to:
568
569 (i) any act or omission by the City or its Representatives in connection with the
570 rights granted to City pursuant to this Easement;
571
572 (ii) any violation or alleged violation by City or its Representatives of any law or
573 regulation now or hereafter enacted;
574
575 (iii) any breach by City of its obligations under this Easement; and
576
577 (iv) any enforcement by the District of any provision of this Easement; provided,
578 however, the foregoing indemnification shall not apply to the extent any claim is ultimately
579 established by a court of competent jurisdiction to have been caused by the negligence or willful
580 misconduct of the District, its officers, directors, employees, agents, representatives, successors,
581 and assigns.
582
583 30. DISCOVERY OF CULTURAL RESOURCES: The City shall immediately provide a
584 verbal notification to Reclamation of the discovery of any and all antiquities or other objects of
585 archaeological, cultural, historic, or scientific interest on or within the Premises. The City shall
586 follow up with a written report of their finding(s) to Reclamation within forty-eight (48) hours.
587 Objects under consideration include but are not limited to historic or prehistoric ruins, human
588 remains, funerary objects, and artifacts discovered as a result of activities authorized under this
589 Easement. The City shall immediately cease its activity in the area of the discovery, make a
590 reasonable effort to protect such discovery, and wait for written approval from Reclamation
591 before resuming activity. Protective and mitigative measures specified by Reclamation shall be
592 the responsibility of the City.
593
594 31. CLEAN AIR AND WATER: The City agrees as follows:
595
596 (a) To comply with all Federal, State, and local requirements of the Clean Air Act
597 of 1955, Pub. L. No. 84-159, 69 Stat. 322, as supplemented and amended (CAA), and the Federal
598 Water Pollution Control Act of 1948, Pub. L. No. 80-845, 62 Stat. 1155, as supplemented and
599 amended (CWA); and
600
601 (b) To obtain written permission from Reclamation prior to conducting any activities that
602 require permits, plans, or certificates under the CAA or the CWA; and
603
Contract No. 06-07-34-L1502
15
604 (c) To provide Reclamation with a copy of any correspondence between the City and
605 any regulatory agency concerning CAA or CWA compliance, including but not limited to copies
606 of permit applications, permits, reports, notices of violation, or enforcement actions; and
607
608 (d) To take immediate and effective action to correct any violation related to the CAA or
609 the CWA. The City shall provide Reclamation with a narrative description of the violation, the
610 actions taken by the City, the date the violation began, the date that the City became aware of the
611 violation, and the date that the City returned to compliance; and
612
613 (e) To take action to comply with any changes to the CAA and the CWA within the
614 schedule required by the regulation, rule, or guidance.
615
616 32. HAZARDOUS MATERIALS STIPULATIONS: During the performance of any activity
617 on the Premises, the City agrees as follows:
618
619 (a) The City shall not allow contamination or pollution of the Premises, waters, facilities,
620 and/or project works of Reclamation for which the City has the responsibility for care, operation,
621 and maintenance by its Representatives and shall take reasonable precautions to prevent such
622 contamination or pollution by third parties. Substances causing contamination or pollution shall
623 include but are not limited to hazardous materials, thermal pollution, refuse, garbage, sewage
624 effluent, industrial waste, petroleum products, mine tailings, mineral salts, misused pesticides,
625 pesticide containers, or any other pollutants.
626
627 (b) The City shall comply with all applicable Federal, State, and local laws, regulations,
628 ordinances, Executive Orders, and Reclamation Laws, policies, and directives and standards,
629 existing or hereafter enacted or promulgated, concerning any hazardous material that will be
630 used, produced, transported, stored, or disposed of on or in the Premises, waters, facilities, and/or
631 project works.
632
633 (c) "Hazardous material" shall mean any substance, pollutant, or contaminant listed as
634 hazardous under the Comprehensive Environmental Response, Compensation, and Liability
635 Act of 1980, as amended, 42 U.S.C. §§ 9601-9675 (2012), and the regulations promulgated
636 pursuant to that Act.
637
638 (d) Upon discovery of any event which may or does result in contamination or pollution
639 of the Premises, waters, facilities, and/or project works, the City shall initiate emergency
640 measures to protect health and safety and the environment if necessary and shall provide notice
641 of such discovery with full details of the actions to Reclamation's Environmental Planning and
642 Compliance Group Manager at telephone No. (928) 343-8100. Additionally, all spills regardless
643 of size shall be reported to Reclamation's Environmental Planning and Compliance Group
644 Manager. Such notice shall be within a reasonable time period but not to exceed twenty-four
645 (24) hours from the time of discovery if it is an emergency, and the first (1st) working day if it is
646 a non -emergency. An emergency is any situation that requires immediate action to reduce or
647 avoid endangering public health and safety or the environment.
Contract No. 06-07-34-L1502
16
648
649 (e) Violation of any of the provisions of this Article, upon which the City does not take
650 immediate corrective action, shall constitute grounds for termination of this Easement and shall
651 make the City liable for the cost of the full and complete remediation and/or restoration of any
652 resources, lands, waters, projects and/or facilities of Reclamation that are adversely affected as a
653 result of the violation.
654
655 (f) The City agrees to include the provisions contained in paragraphs (a) through (e) of
656 this Article in any entered subcontract or third -party contract authorized by this Easement.
657
658 (g) Reclamation agrees to provide information necessary to the City for using reasonable
659 diligence to comply with the provisions of this Article.
660
661 33. PESTICIDES: In use of the Premises:
662
663 (a) The City shall not permit the use of any pesticides on the Premises, waters, facilities,
664 or project works of Reclamation without prior written authorization from Reclamation. The City
665 shall submit to Reclamation for approval an Integrated Pest Management Plan (IPMP) thirty (30)
666 days prior to pesticide application.
667
668 (b) All pesticides used shall be in accordance with the current registration, label
669 direction, or other directives regulating their use (State Department of Agriculture, Department
670 of Ecology, OSHA, etc.) and with applicable Reclamation policy and directives and standards.
671 Applicators will meet applicable State training or licensing requirements. Records maintenance
672 shall be in accordance with State requirements and furnished to Reclamation no later than
673 five (5) working days after application of a pesticide.
674
675 (c) Any equipment, tools, and machines used for pesticide application shall be in good
676 repair and suitable for such use. Equipment shall be calibrated prior to the spraying season and
677 as deemed necessary by Reclamation.
678
679 (d) Mixing, disposal, and cleaning shall be done where pesticide residues cannot enter
680 storm drains, sewers, or other non -target areas.
681
682 (e) The City shall initiate any necessary measures for containment and clean up of
683 pesticide spills. Spills shall be reported to Reclamation with full details of the actions taken.
684 Reporting must be made within a reasonable time period. A reasonable time period means
685 within twenty-four (24) hours of the spill if it is an emergency or by the first (1st) working day if
686 it is a non -emergency. An emergency is any situation that requires immediate action to reduce or
687 avoid endangering public health and safety or the environment.
688
689 (f) Aerial application of pesticides is prohibited without prior written authorization from
690 Reclamation.
691
Contract No. 06-07-34-L1502
17
692 (g) The City agrees to include the provisions contained in paragraphs (a) through (f) of
693 this Article in any entered subcontract or third -party contract authorized by this Easement.
694
695 34. NONDISCRIMINATION: The City hereby agrees as follows:
696
697 (a) To comply with Title VI of the Civil Rights Act of 1964, § 601, Pub. L. No. 88-352,
698 78 Stat. 241, as supplemented and amended, which provides that "[n]o person in the
699 United States shall, on the ground of race, color, or national origin, be excluded from
700 participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
701 program or activity receiving Federal financial assistance," and to be bound by the regulations of
702 the Department of the Interior for the effectuation thereof, as set forth in 43 C.F.R. § 17 (2016).
703 For purposes of this subpart, "Federal financial assistance" shall have the meaning prescribed to
704 it by 43 C.F.R. § 17.202(h) (2016).
705
706 (b) To comply with the Rehabilitation Act of 1973, § 504, Pub. L. No. 93-112,
707 87 Stat. 355, as supplemented and amended, which is designed to eliminate discrimination on the
708 basis of disability in any program or activity receiving Federal financial assistance. For purposes
709 of this subpart, "Federal financial assistance" shall have the meaning prescribed to it by
710 43 C.F.R. § 17.12(e) (2016).
711
712 (c) To comply with the Age Discrimination Act of 1975, as supplemented and amended,
713 42 U.S.C. §§ 6101-6107, and the general age discrimination regulations at 45 C.F.R. § 90 (2016)
714 which are designed to prohibit discrimination on the basis of age in programs and activities
715 receiving Federal financial assistance, as set forth in 43 C.F.R. § 17 (2016). For purposes of this
716 subpart, "Federal financial assistance" shall have the meaning prescribed to it by
717 43 C.F.R. § 17.303(h) (2016).
718
719 (d) To obligate its subcontractors, subgrantees, transferees, successors in interest, or any
720 other participates receiving Federal financial assistance hereunder, to comply with the
721 requirements of these provisions.
722
723 35. NOTICES: Any notice, demand, authorization, or request required to be made or given
724 herein shall be served via hand delivery, with signed receipt of acceptance, or by certified mail
725 addressed to the respective addresses given herein and the hand delivery or mailing of any such
726 notice properly enclosed, addressed, stamped, and certified, shall be considered service.
727
728 (a) Any notice, demand, authorization, or request required by this Easement to be made
729 or given to or upon Reclamation, or the United States, except as otherwise provided herein, shall
730 be deemed properly given or made if hand delivered or mailed postage -prepaid, to the Area
731 Manager, Yuma Area Office, Bureau of Reclamation, 7301 Calle Agua Salada, Yuma, Arizona
732 85364.
733
Contract No. 06-07-34-L1502
18
734 (b) Any notice, demand, authorization, or request required by this Easement to be made
735 or given to or upon the District shall be deemed properly given or made if hand delivered or
736 mailed postage -prepaid, to the General Manager, Coachella Valley Water District,
737 P.O. Box 1058 or 51-501 Tyler Street, Coachella, California 92236.
738
739 (c) Any notice, demand, authorization, or request required by this Easement to be made
740 or given to or upon the City shall be deemed properly given or made if hand delivered or mailed
741 postage -prepaid, to the City Manager, City of La Quinta, 78495 Calle Tampico, La Quinta,
742 California 92253.
743
744 (d) The designation of the person to or upon whom any notice, demand, authorization, or
745 request is to be given or made, or the address of any such person, may be changed at any time by
746 notice given in the same manner as provided in this Article for other notices.
747
748 36. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress or Resident
749 Commissioner, and no officer, agent, or employee of the Department of the Interior, shall be
750 admitted to any share or part of this Easement or to any benefit that may arise herefrom, but this
751 restriction shall not be construed to extend to this Easement if made with a corporation or
752 contractor for its general benefit.
753
754 37. COVENANT AGAINST CONTINGENT FEES: The City warrants that no person or
755 agency has been employed or retained to solicit or secure this Easement upon an agreement or
756 understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
757 employees or bona fide established agencies maintained by the City for the purpose of securing
758 business. For breach or violation of this warranty, Reclamation shall have the right to annul this
759 Easement without liability or in its discretion to require the City to pay, in addition to the
760 right -of -use consideration, the full amount of such commission, percentage, brokerage, or
761 contingent fee.
762
763 38. ILLEGAL USE: Any activity deemed to be illegal on the Premises, waters, project works,
764 or facilities, shall be cause for immediate termination of this Easement.
765
766 39. EFFECT OF EASEMENT: This Easement sets forth the intention of the parties hereto as
767 to the purposes set forth herein and Reclamation, makes no other claim or warranty, expressed or
768 implied, as to its extent or validity.
769
770 40. NO WARRANTY: Reclamation makes no warranty, expressed or implied, as to the extent
771 or validity of the grant contained herein.
772
773 41. FURTHER ASSURANCES: The parties hereto shall execute, acknowledge, and deliver
774 such other instruments and documents as may be necessary or appropriate to carry out the full
775 intent and purpose of this Easement.
776
Contract No. 06-07-34-L1502
19
777 42. ARTICLE HEADINGS: The Article headings referenced in this Easement are included for
778 convenience only and the parties intend that they shall be disregarded in interpreting this
779 Easement.
780
781 43. EXHIBITS: Except as otherwise provided herein, all exhibits attached to this Easement are
782 incorporated into this Easement by reference herein and made a part hereof.
783
784 44. SUCCESSORS AND ASSIGNS: This Easement is personal, revocable, and
785 nontransferable and except as otherwise provided herein, shall not be construed as granting to the
786 City any permanent right, title, or interest in the Premises, facilities, or project works of
787 Reclamation. This Easement shall be binding upon and inure to the benefit of the successors
788 and/or assigns of the parties hereto; provided, however, that no assignment or transfer of any of
789 the rights of the City hereunder shall be made without the prior written consent of Reclamation.
790
791 45. SEVERABILITY: Each provision of this use authorization shall be interpreted in such a
792 manner as to be valid under applicable law, but if any provision of this use authorization
793 shall be deemed or determined by competent authority to be invalid or prohibited hereunder,
794 such provision shall be ineffective and void only to the extent of such invalidity or prohibition,
795 but shall not be deemed ineffective or invalid as to the remainder of such provision or any other
796 remaining provisions, or of the use authorization as a whole.
Contract No. 06-07-34-L1502
IN WITNESS WHEREOF, the parties hereto have signed their names to this
CONTRACT AND GRANT OF EASEMENT which shall become effective the day and year
first above written.
THE UNITED STATES OF AMERICA
By:
Date:
20
Michael D. Norris
Area Manager
Yuma Area Office
Interior Region 8: Lower Colorado
Basin
Bureau of Reclamation
United States Department of
the Interior
ACCEPTANCE:
CITY OF LA QUINTA
By: M I`
Title:
Date:
oY\ yrua Imonko
0oJ 3‘ koa..
CONCURRENCE:
COACHELLA VALLEY WATER
DISTRICT
By:
Title:
Date:
Contract No. 06-07-34-L1502
NOTARIAL ACKNOWLEDGEMENT
State of Arizona)
County of Yuma)
21
On this day of , 2022, before me, , a Notary Public in and for said
County and State personally appeared , Area Manager, Yuma Area
Office, Interior Region 8: Lower Colorado Basin, Bureau of Reclamation, United States
Department of the Interior, known to me to be the person described in the foregoing instrument,
and acknowledged to me that executed the same on behalf of the United States of America
in the capacity therein stated and for the purpose therein contained.
(Notary Seal)
Notary Public
Description of document this notarial certificate is being attached to:
Type/Title
Contract and Grant of Easement for Public Roadway,
Contract No. 06-07-34-L1502
Date of Document
Number of Pages
23 and Exhibits A, B, C, D, E, and F
Additional Signers (other than
those named in the notarial
certificate)
City of La Quinta
Coachella Valley Water District
Contract No. 06-07-34-L1502
ACKNOWLEDGEMENT
A notary public or otherofficer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of `%a-c?1\ c
On 0°4 e c- 3, °lpO before me,
RokAA\Lck 4-b,tn)a \\W-NYASU,U
(Here insert name and title of the VI fficer)
22
personally appeared O C )1A WM
who personally proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official ;peal.
Signature of Notary Public
MONIKA RADEVA
Notary Public - California
Riverside County
Commission # 2334260
Lc■-' My Comm. Expires Oct 22, 2024
ler
(Notary Seal)
Contract No. 06-07-34-L1502
23
ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of
On before me,
(Here insert name and title of the officer)
personally appeared
who personally proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
(Notary Seal)
Signature of Notary Public
Contract No. 06-07-34-L1502
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N.43°28'231W
210.50'
459.56'
1590.00'
231.39'
16°33'37.11
5
S.89°57'53"E
S53.5/'
EASEMENT
NO
COURSE
LENGTH
RADIUS
TANGENT
❑ RkorLI.
1
459.56'
1590.00
231.39
16°33
2
3
5.43°2823'E
280.50'
14 1.30
2410.0D'
:7.0.60'
03.2.1'361L
4
5.00°04'07W
649.61'
5
8.21°30700°W
904,00'
90900'-
s I s.od
1433.07'
319.0p.
---- ..__._-_
6
7
8
9
0L73asa'o00r14;
N 3 2a'a0 Y-i',
N.23°34'16"E
5.59°57'5.PE
- -•-
TRACT 0 No.2-2
COUNTY, OF RIVERSIDE
A Port' -pt Section 29
T. 6 S., R.7'E-, S.B.S. 9 Al
RIVERSIDE COUIN7Y, C. LIFORNIA
FEE AREA - COO ACRES
EASEMENT AREA-'61.14 ACRES
ncra&r.1£Mr 0(.rt r,rr.,ev
°.FAL_°r ReC...erraft
COACHEi ✓.A vA: LE? CVLh7Y WATER DISTRIC' R 99
DIKE NO. 2
RIGHT-OF-WAY MAP
CNCCKCC r ca A. N,aNR0.41•_
e J(.e .nr.,. N.r, .41.8.r e, reel Z12-500.393
ZOS 61-VC-LO-90 'ON 13V211NO
V 118IHX3
DArod 6 1 Chord
.5.54°4E'02"E. 13J N.5 W,
6'6tp,a'
T.6 S., R.7 E.
ano a 00 r°A 12.
1 1_I_11LL 1._..._._._J
SCALE OF FEET -
FEE
No
FrOL+RSE
LENGTH
RADIUS
TANGENT
d Rt. or Lt.
1
5 00604`07W
305.36'
2
465.63'
1590.00
234.49'
16°46'447LI
3
N.62".35`53`W
845.23'
4
_ 663.16'
2410.00
333.68•
15° 45' 57"171
LLN.00"04'OT E
65 S,5 O0'!5'E.
ti f 8 .29.
1906,29r
—IE4SEMENT
All
WORSE
LENGTH
RADIUS
TANGENT
d R tor Lt.
I
3 00°0707 W.
382 26 -
N..5s30'OSYW
. 622.36-
.2.111.7i°
.r
22'00,11
12 12.14'
N J0 04 07"E.
649.67
•
6
66315'
2410.00'
333.68'
15° 45'571LI
6
S.62°35'53"E.
845.2.7
7
_
465,63"
1590A0'
234.49'
16°46' 49"6t
TRACT D No.2-3
•-
ALBERT E.\SCHWABACHER
A Port of\Section 29
1.6 S., R.7 E.,\S.B.B.B M.
RIVERSIDE COUNTI, CALIFORNIA
FEE AREA — 9.TZ ACRES •
-
EASEMENT AREA— I8 O'ACRES
r e.•e r AUTFO T e: r rr. on
BOREAL OF Rcet.,V.1,01
COA; NEL L 4 VALLEY COUNTY WATER OISTRICT R SE
DIKE NO. 2
RIGHT-OF-WAY MAP
ar.rr.N._rea...3___rrrr.rCt5
rr.ve:��-. r.r Rrrcn,.RrtAos
cam.1n.r.r: r.,xar..orro.
"" . ..12.12-300-394
ZOS b'1-ti£-LO-90 'ON 13VH.NOO
, V 1181HX3
T. 6 S., R.7 E.
400 A9A
LIIIIIIIi
SCALE OF FEET
FEE
NCI
COURSE
LENGTH
RADIUS
TANGENT I C Rt.or LI.
I
S.00^04'O7"W.
327.92'
2
N.6r° Drr75' 4
l90P29'
3
4
N.00°04'07"E.
400.00'
S. 69. 57'53''E.
128.53'
5
S. 43°28'23'E.
195.07'
321,77' 19°07'3O'L11
6
637.55
1910.0g'
T
5.624'35' 53'E,
945.23'
9
169.31'
2or o.00`
8<.70' 104.38'30"Rt
COACHELLA VALLEY COUNTY WATER DISTRICT
A Part of Section29
T 6S.. R.7E. S B.B.S M,
RIVERSIDE COUNTY, CALIFORPIIA
TRACT D No.2-4
FEE AREA -13.08 ACRES
IiEv ATATEf
DEPARTMENT OF THE INTERIOR
BUREAU OF RELUAMATION
EE 6CIrELLA VALLEY COUNTY WATER DISTRICT R 6 R
DIKE NO. 2
HIGIfT—OF-WAY MAP
OMwN 8.LA OWYITr
TRAM !«_ t_r 4RELONK�a�'
eNEYREO�a M+�P°-!xrRVIEv �`> __
AOULDER0TT. NEE, J„%T e, ws}212-300-42ot
..,et ••.1..7.••• 0 • • •
_.._ • z i•••?4. ..9 - - rd. 34" , Pr....h '1'.0 1 1 ; h
pi r_e, 3.14,57111.1- - .. .— ...L11-....;r7 - - -
r - ,.,,,, --• __,5,-le•._ LL---____::._---, : --Ar- — Preu_— _,.. ir / a ••".3.
Ier1'
? / ,i
. ..*
4..*,
y g, c.br1,
1-f -/,4•••••,
30-;.4..S.. ••'
-
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%
, \
,... ''.'. ''' 0 • j'/'
. 4.;,( 'F.4,t ' •.;..... 1...) 1
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e • IFY
5A.7 • i .14.i
--,4.1.• • .. ' 4.
.." 11%'
/ r ..... -1' 7;:atu., •-•.....
1.••, •••.. ,..r? ,,,,,, ''.....
•••0.).• •••''''
•:''' •,r.._
' I'
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;..I
k..... /
Ar
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. / ''',/-,.
...
•
•
A
IN THE COUNTY OF RIVERSIDE
RIGHT OF WAY MAP
58 th. AVENUE —REALIGNMENT
IN THE NORTHEAST QUARTER OF SECTION
29, T6S R7E , s.e.e. am
A.C. Kei IA, County Surveyor a Road Commissioner
Rivers/de, Cali fornia
REVISIONS
Drown by w./ oyie,L
Checked by
Zoo'
W.O.No, 1o5- 002
Descriptions
inific7T)crte
Surv.No. D4/5I
Approved
Dote Al...., n
References
RV Cc1 DeCd 7, ff.?:
Fs. 104 p4.1- _02%52
115J3e. Plan C-2A1.201
CO [KW. DWG An va4;
Sheet lof 1 Sheets
39108
0
0
z
0
Z
0
0
O
";1rnV
W
r
W
N
0
co)
Sew a•
1.01
Riverside County to maintain ownership, operation
and maintenance of this portion of the existing
roadway which will be included in the County of
Riverside's upcoming amended renewal contract.
• rrr
Cif e.Y•C, r 1 I G i
r — - — di•! — Is:Rfe.:— - --- 2
r /
_. ray r't3
e tea'' • 7 f. t
a �ti Y A i .s
• \Y
7
1
, ,, �� ..
� r
/ h-k
eu
,1
..,•Y rti-
,a r,
■TfF3fsd+i �aa 3o;T�y
r-�
d•
City to maintain ownership, operation and
maintenance of this portion of the existing
roadway.
CVWD to convey to the City with a perpetual
reservation to CVWD and Reclamation.
City to assume ownership, operation and
maintenance of this portion of the existing
roadway.
IN NE COUNTY10,4 RIVERSIDE
RIGHT OF AY MAP
58'th. AVENUE -REALIGNMENT
IN THE NORTHEAST QUARTER OF SECTION
29, T6S , R7E , SB•B. BM.
A.C. Keilh,CountySurrsyor a RoodComm/ss/oner
RNerslda, Ca/lforn/a
REVISIONS
Drawn by H:JO••v,L
Checked by
Sale: r'. zoo•
W.O. HG !OS de,::
Mk I Oeseri eiione kidlal (Dole
SWV.No. Rd/s/
Approved
c r z;.✓':
References
lK CO Died. Hsi 7f.
Fa. SOI ,444 Je2952
CfSM.. Pan C-2N-221
DOf1 N6rari6 /9O CV CURD. DP. aIf /60,
_Stow war r Shells
District Drawing No. 39108
PROPERTY OF
UN/ TEO S TA TES OF AMER/ CA
W '2 N !V'4 SEC. 26. T 5., R. 7E., 5- 8. 4-1.
5.89°56`3¢"E
/32a.6a
SCALE: /"_ 500'
L
/-1,4
DETA/L
38. /2
/7,77
ii//J,`h re54lireri :
-5 feel ,�.•=trrr �-id� cl' ccn/ep //re
c.: r s: •, s 17,r�.a rr/de.vr t riFl.r: �r0A5
3REaU Or` C[.01,1 drr
</L :'E.4 C•4.YYOP/ PR r
,7LG-;7"e/ RIC- vC4,'r.4LSYS7 C-'LIr
CC), C,V5ZLA DIVIS/d1`r
t-ASEME/YrFag D/S TR/3orj/9,1w srsr ;=1
-- 7 - r' 5
G'.r "'fr.: ... - ' ;i:; i/TTE D... . . .
G-r_i�-iu'�y i'.rr ./Zi_'I• '1[Ir - rl..;-__�- ..
EXHIBIT D
CONTRACT NO. 06-07-34-L1502
VICINITY MAP
MS
j'ipjiSTIIIICTLGN NBTFS
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
24" IRRIGATION LATERAL 123.45 0,5 LINE REPLACEMENT PLANS
-IFj�a
-1'4 ii 1--i CORAL CANYON - 'TRACT MAP 33444
f % ` s IN A PORTION OF THE NW 1/4 OF SEC. 28 T.6S., R.7E., S.B.B.M.
L; ,1
N QUINTA 'V.4 1A•
.vF curnu.--�. � _i' �.
:xl err •,¢ f
zo 3Er . - q
Rnr r-ram• >T' ire :v A.,.m �� -�_ - .avAe.�Nr-• I- .r.,ll = - � - 2
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ESCSi;REER-S NOTE
or. 1101,E AIe IAe5.01 .1111419213.0. xulr PM a 1111.911ME vvA Ox
nem 11f16 Mae emwp 4 A 111101 a .1I1fe1F UM. IC< 1.10¢5 A41
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[ acr11/t 6 F Q Kara C aaf at MAIN e;7ypy(ey la 1.t /er K45LR1 pttlri1l!
claw., 6 at33l !1 0 Mm iib01.440 `r0` 1.f,asoMs a nnu1 mama. j[y� ul f(r uA
S.% WO 0Ar Onto .a: mW o- slu o. Wm rm xcrl
f.im 419119101.
am1e mf r01 n1 CAT. ICI ]nr Wua. a T29.0.1213.
Uadergraund Service Mart
Cell: TOLL FREE
1-800
227-2600
r,r9 lmavn e.fe ue<*A i9. am
Bass Or DEARLA'C5:
4071
;la- :4=1,a1000..Wl
61PYA1all:
INDEX MAP
0 ,14 r-leo'
3..7111Tr GOMPArStEa
aria mama mar rm. faaC1 A1FM1
Maar MANIA 1111gSr Arc :f]f
r" OAouu may arm a1.f1 -1111
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2011 10 R a11.rMr
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0.61114 11' GUAM ABBREVIATIONS
COMPD.. IMOD DC =MCA MPS
Month 10P1. 12. 1.M fK alb MO ABA.
K flu of Mani
fa :.MB0 rr.141
aanme
▪ Farr Of WY
OMHF.R/QEVFJAPF0 D. *=Mra
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SHEET INDP,X
SEC rMZEIMMI
I MT 9.T
'001 3 I.f "19c1�11v11 a rlalyf
fn s . f-7<rvr
LEGEND
Cal ha
CA. Al,
OCR. I WY ]an
cell k cam tat
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PROPCUT LYE
MSO. Mt
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1/IIIµ I/I larC11 INN
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mum Ir IP1a
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a:. ki.o Trap iwo0.axmmrn
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10 ..,..aLo m Dann w•ur`rrro
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,rr1.4r>t Yisr
IN THE CRY OF LA Ol.q (rA
CO[JNTY OF ANFF1.9IOS STATE OF CAL/FOFINA
PI' IRRIGATION L(1103AL i23.46-0,71 LINE REPLACEL2fir 1'LW1
SBTH AVENUE
-mu SKEET
ry A KffiCaI [+ 1112 IfM 1!. 6114C.:A Y.. c-lf, Era..
JEFFERSON STREEr
urea balk
13
fat 1122Z1�
Mask. 1t
39472.
- 20
- 30
PROFL=_ SCALE
110RI21311TAL 1'.-e0.
4ERSDFL 1'.4'
•
f-u a awlNM ONO
1610411161---,
00.11611.1
nv
103.13 LP ❑I' 24' PVC C-905, CL 165,
DR 25, PVC IRRIGATION MAIN
c :•
116/412
161 Im¢7n.
b I✓ i
nc
rr�A c -r MAP 4 2 B 11 8
1 .A r a S IN
Underground Service Alert
Call: TOLL FREE
1-801
227-2600
M915 OF BFANING&
86C11NWC
FLEW:NUM; -7.70
ern
III�.EE. ��c+++777c+��I�7�/�
is
12"
CL
PVI
0.20 LF OF
PVC C-90
165, DR 25,
IRRIGATIO
r. ZC C-11.M Pr:
r+e.0th to.:
18+00 17-f-00
PROP. 24' C-905 CL 165"-•--••._._
DR 25 PVC IRMO MAIN
NOTE TO CONTRACTOR
• HURRAHS) JOEITB TO BE RlFT3N10E
89E61300 C
NOTE TO CONTRACTOR
mgr. 27. LIE WU_ T£ Ti9.lOVED NO
ISLACED TO TFE SALE L@EIQIADE (UNLESS
MOM OTHERWISE ON PROFLE) WITH A 24'
C-005 CL 165 DR 25 P.V.C. ___ 1AAL1
evrotrCO:vazk'ilrAYS; 1,1r,
r, r 7!0Lsr x1 r.1YWr• 1=4
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... .......... 061. .i •e Nexaaw
• 17n -
IN 11-IE CffY OF LA PUNTA
COUNTY OF RIVE STATE OF CALIFORNIA
24' ]8RI0AT10N LATERAL. 123.46-0.76 LINE REPLACE/LENT PW1g
5BTH AVENUE
IN A x>r[rfH fir 114 1.4 1,'4 0 76G :0 Fes..1 14 16 all
JE.F FEIGN STREET
2Cf 3
0322.12
d761.10
39473
2
DM
PP 1PfP w 1"'9n4
I VI OAP P101. no' PiD-1
1. 105T An
i WN
AVENUE 50114
[PLOW
pW( am
LC01TDcr. CFST
(SEE APT 5470 0RY MTV TRENCH)
STANDARD FERNCO FITTING CONNECTION
y1Kx V ra. R 0A:S : rit-1:w Ln1u E0E0I11000E0
L '.Y 00,004 rt cr toA.S airrAN5 Oda Na.T1. a.OPNO
7.r AN 1 C 1a11�7.5i R .an car.. PE Co Yl Ora 119E. !CT Y 1i fYUS
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0(1 100 01001.
• all C COc MLA111RIWY OF DEa-WRea Ova1L
W-1 M Co ME ASCE Or 111L
I M
(PLAN VIEW)
()CONNECTION min' 'A"
DETAIL
FERNCO ADAPTER 1906-25P:1
EX. 2Y' RCP TO 24' PVC
OETA 10+0100
11 1
A 10100E A. 0 Wan Se9i It 11r113 Mora AmCi
2. 10101IE Sou 5O1UW in an. CISA. 11W . Ly.NWT
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1511:301 *0 011f"f1w zwL w, i 90007 11 Ivsc1w
Underground Service Alert
Cell: TOLL FREE
1-800
227-2600
200 0OV'11G 0075 01005811 00
OASIS OF BEARINGS.
BENCIIWRN:
_ ELEVATION: -7.70
b'ar 10Lip*c max (Wa1)
a umii AC
PM. sU Cr I,'NO PPE
11� 71a
An p yvfl
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8)SCTISI4L V1E11
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/e. FJELO PIPE CONNECTOR
VW( VIEW
A'
50
m'7-19l T
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(PICK STREET)
DRY unuTY TRENCH
(NOT 10 SCALE)
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®CONNECTION POINT °C
DETAIL
FERNCO ADAPTER 1006-1515
PROP. 18" PVC TO EX. 16" RCP
NLS
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11
RECLAMATION
Managing Water in the West
Engineeringand G&M
Guidelines for Crossings
Bureau of Reclamation Water Conveyance Facilities
(Canals, Pipelines, and Similar Facilities)
U.S. Department of the Interior
Bureau of Reclamation
Technical Service Center
Denver, Colorado
April 2008
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Mission Statements
The mission of the Department of the Interior is to protect and
provide access to our Nation's natural and cultural heritage and
honor our trust responsibilities to Indian Tribes and our
commitments to island communities.
The mission of the Bureau of Reclamation is to manage, develop,
and protect water and related resources in an environmentally and
economically sound manner in the interest of the American public.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M
Guidelines for
Crossings
Bureau of Reclamation Water Conveyance Facilities
(Canals, Pipelines, and Similar Facilities)
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Acronyms and Abbreviations
AASHTO American Association of State Highway and Transportation
Official
AOE authorized operating entity
AWWA American Water Works Association
CFR Code of Federal Regulations
CPS cathodic protection system
DOT Department of Transportation
I-IDD horizontal directional drilling
kV kilovolt(s)
MERL Materials Engineering and Research Laboratory
O&M operations and maintenance
Reclamation Bureau of Reclamation
ROW right-of-way
WB-67 67-foot wheelbase
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Contents
Page
1.0 Purpose 1
2.0 General Permit Information 1
3.0 Engineering and O&M Review Considerations 1
3.1 Introduction 1
3.2 General
3.3 Detectable Warning Tape
4.0 Specific Feature Review Guidelines
4.1 Bridges
4.2 Landscaping
4.3 Roadway Crossing
4.4 Storm Water Cross Drainage
4.5 Subdivision
4.6 Utility Crossing
4.6.1 Casings
4.6.2 Overhead Line Crossing
4.6.3 Utility Crossing Reclamation's Canal
4.6.4 Utility Crossing Reclamation's Underground Pipelines
4.6.5 Utility Crossing Under Reclamation's Roadways
5.0 Cathodic Protection Requirements
5.1 Cathodically Protected Metallic Pipelines
5.2 Protective Coatings for Corrosion Control
References
2
6
7
7
10
11
12
14
16
16
16
17
21
23
23
23
25
27
Glossary 29
Appendix A
Appendix B
General Requirements for Installing Bored and Jacked Pipe
Undercrossings
Guidelines — Removal of Trees and Other Vegetative Growth
from Earth Dams, Dikes, and Conveyance Features (Appendix B
of Review and Operation and Maintenance Program Field
Examination Guidelines)
i
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
1.0 PURPOSE
These are general guidelines for Bureau of Reclamation (Reclamation) offices to
follow when reviewing the engineering and operations and maintenance (O&M)
factors in outside entity requests for authorization to cross (encroach upon)
Reclamation lands that contain project features such as levees, canals, pipelines,
or other water conveyance facilities owned or administered by Reclamation.
These guidelines include a general overview of the permitting process
administered by Reclamation Lands Groups for allowing a particular use on lands
where Reclamation holds a fee or an easement right-of-way interest. These
engineering and construction recommendations are minimum guidelines for
engineers to use in reviewing and evaluating these portions of the applications.
2.0 GENERAL PERMIT INFORMATION
Applicants requesting to cross any Reclamation land, facility, or water body must
obtain a written land use authorization from Reclamation. Requirements for
obtaining a use authorization to cross Reclamation project land and water surfaces
are in the Code of Federal Regulations (CFR) at 43 CFR 429 and Reclamation
Manual LND 08-01. The applicant must complete the Standard Form (SF) 299,
"Application for Transportation and Utility Systems and Facilities on
Federal Lands," or similar forms in use at the local Reclamation office. The
form can be obtained by contacting the involved Reclamation office, or it can be
accessed electronically at Reclamation's Web site at: <http://www.usbr.gov/
pmts/lands>.
Applicants can contact their local Reclamation office to discuss their proposed
use before filing an application for a use authorization.
3.0 ENGINEERING AND O&M REVIEW
CONSIDERATIONS
3.1 Introduction
Technical review of the crossing evaluates impacts on any existing Reclamation
facility and does not determine the adequacy of the crossing design for the
applicant's intended purpose.
The use authorization or consent document specifies criteria which, if followed,
would not be deemed unreasonable interference. These review guidelines are
strictly limited to those criteria which:
1
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
• Protect Reclamation's facility and/or appurtenant facility from damage
• Ensure unrestricted flow and quality of water in Reclamation's facility
• Do not diminish the ability to perform O&M of Reclamation's facility,
including access
• Prevent any burden of liability
These guidelines are provided as recommendations that apply to most
Reclamation facilities. Each Reclamation office and/or authorized operating
entity (AOE) should apply these guidelines using sound engineering judgment
that best applies to their facilities and existing conditions. Additional
Reclamation guidelines for specific locations (e.g., Central Arizona Project
Reach 11 Basin Guidelines) may also apply and may be provided to applicants
when necessary. These guidelines are minimums, and local conditions may be
more stringent depending on the direct impacts to facilities and lands. AOEs may
have additional requirements.
Uses that may be deemed reasonable within Reclamation pipeline easements
include greenbelts, asphalt roadways, flexible pavement parking lots, transverse
curbs and gutters, and sidewalks. Canals and pipelines may have overhead power
and telephone lines (but not their supporting poles), transverse fences with gated
openings (no walls), and similar surface and overhead structures.
3.2 General
The following individual items should be addressed by the applicant and
evaluated by Reclamation and/or AOE as they may affect the Reclamation
facility's engineering and O&M aspects. If unusual conditions are proposed for
the encroaching structure or unusual field conditions within a Reclamation facility
right-of-way (ROW) are encountered, Reclamation reserves the right to impose
more stringent criteria than prescribed in these guidelines.
2
1. Structures that should not be constructed on Reclamation pipeline or
canal ROW (whether fee owned or easement) include foundations,
buildings, garages, carports, trailers, street light standards, supports for
large signs, walls, longitudinal fences (except security/safety fences),
power or telephone poles, and similar surface structures.
2. Prior to construction, a joint inspection should be conducted and the
condition of existing facilities documented. Reclamation's ROW should
be restored to pre-existing conditions following completion of work.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
3. When applications are requesting public use of trails and maintenance
roads adjacent to or crossing Reclamation canals, these facilities should
be fenced for safety to separate them from open canal water, except
when Reclamation's ROW is used as a greenbelt and the applicant
accepts legal hazard responsibility. Trails and maintenance roads should
be fenced on an as -needed basis whenever such fencing is warranted for
public safety, restricted access, security, etc. If a fence is allowed within
Reclamation's ROW, Reclamation should approve the fence materials.
Any gates allowed within Reclamation's ROW should be at least 16 feet
wide. Reclamation will be provided with full access through any fences
or gates.
4. Prior to construction of any structure that encroaches within a
Reclamation pipeline or canal ROW, a "pothole excavation" should be
made to determine the locations of any existing Reclamation and non -
Reclamation facilities and their appurtenant features that may be
affected. Potholing is the practice of digging test holes to expose
underground utilities to determine the horizontal and vertical location of
the utility.
All work within 18 inches of the facility should be done using hand-held
tools only. The excavation should be made by or in the presence of
Reclamation and/or AOE personnel. The presence of a Reclamation
and/or AOE inspector may be required throughout the excavation
process, but this presence in no way relieves the applicant or their
contractor of responsibility.
The resultant elevation information should be delineated on the profile
view and labeled as:
POTHOLED ELEVATION XX.X
Surface Elevation XX.X
The pothole excavation should be filled in, or a safety fence installed,
prior to departing the site each day.
5. If Reclamation facilities need to be modified to avoid adverse impacts
from the applicant's crossing facility, the applicant should be
responsible for the cost of such modifications.
3
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
6. A temporary permit may be required for visual inspections, ground and
aerial surveys,1 or potholing that requires physical entrance onto a
Reclamation facility. A use authorization or consent document
issued by Reclamation and/or AOE should be obtained prior to
entering or crossing Reclamation's ROW for any activity.
7. Applications should include a project description, calculations,
specifications, and detailed construction plans showing plan views,
profiles and sections, and grading plans of proposed work within or
adjacent to Reclamation's ROW. Plans should show an easily
recognizable boundary (tied to a known corner) and Reclamation's
ROW and Reclamation stationing or mile post designation.
All Reclamation facilities should be shown and labeled (e.g., "Centerline
of xx-inch Reclamation Pipeline," "Reclamation Communication and
Control Cable," etc.) The type and weight of the construction equipment
crossing Reclamation pipelines, roads, and bridges as well as the
crossing locations should be included. Additional information, as
identified in following individual specific feature sections of these
guidelines, should also be included with the application for review.
Any engineering or land survey drawing should contain the appropriate
registered engineer's or land surveyor's stamp and signature. A
construction schedule outlining the anticipated duration of the
construction should be submitted. A minimum of two2 copies of the
application (including calculations, specifications, and plans) should be
submitted to Reclamation and/or AOE for review and approval.
8. For crossings of all Reclamation facilities, Reclamation and/or AOE
personnel familiar with the facilities (including cathodic protection
systems) will obtain and provide copies of existing files showing
information about existing buried facilities (center of pipeline, depth of
cover, size of pipe, class of pipe, etc.) to the applicant.
9. Existing Reclamation facilities (e.g., canal lining, canal check structure,
turnout structure, etc.) and appurtenances (e.g., existing blow -offs, air
valves, vents, manholes, and/or cathodic protection test stations) and
existing non -Reclamation facilities on Reclamation's ROW
(e.g., petroleum pipelines, natural gas pipelines, communications lines,
powerlines, water lines, sewer lines, storm drain lines, etc.) should be
protected in place prior to and during construction.
4
' Aerial surveys require placing on -the -ground survey control markers.
2 Revise per local Reclamation office and/or AOE practice.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
The applicant and/or their contractor may be liable for all damages to
Reclamation facilities and appurtenances as a result of construction and
for any other damages or losses suffered by Reclamation or its water
contractors, including power, irrigation, municipal and industrial water
supply, and communication losses.
10. Trench excavation should comply with the most current Occupational
Safety and Health Administration standards or Reclamation Health and
Safety Standards, whichever are more stringent. Trench backfill should
be placed in 4- to 6-inch lifts if hand compacted or no more than 8-inch
lifts if power compacted. Trench backfill within Reclamation's ROW
should be compacted to 95 percent relative compaction (ASTM D 698,
Standard Proctor) (or 90 percent of ASTM D 1557). Mechanical
compaction using heavy equipment (greater than 2,000 pounds) should
not be used within 18 inches of the Reclamation pipeline. Flowable fill
(or controlled low strength material) should be substituted for compacted
pipe embedment under canals and may be used when crossing pipelines.
11. Erosion control measures, including re -vegetation, should be
implemented after completing construction.
12. If existing drainage features are to be modified during construction,
detailed drawings showing the proposed drainage replacement/
restoration should be submitted with the application for review and
approval. The applicant is responsible for the care and handling of
storm water runoff both during and after construction.
13. The applicant should not divert surface runoff3 toward Reclamation
canal or canal embankments. The 100-year storm4 surface runoff should
use detention basins outside of Reclamation's ROW. Lined drainage
channels should be designed to transfer flow from the detention basins to
the existing cross drainage facilities that drained the original area. Also
refer to "4.4 Storm Water Cross Drainage."
14. Proposed temporary or permanent modifications to the existing cover
over Reclamation pipelines should be subject to review and approval by
Reclamation and/or AOE. Design parameters for roadway, parking lot,
and driveway crossings over the pipe should also be subject to review
and approval by Reclamation and/or AOE.
3 Subdivision or commercial development on the uphill side of canals that pave large areas and
have large roof areas will greatly increase peak storm runoff —most city development requires
retention basins. Applicants should provide the same retention basins that are required for similar
development projects.
4 Revise per Reclamation field office for specific canal if a higher storm frequency is required.
5
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
15. When a Reclamation pipeline system being crossed has pipe with an "A"
cover pipe designation (less than 5 feet of earth), the applicant is to
analyze the crossing to show "A" pipe load carrying capability exists to
meet their carrying requirements or replace the "A" pipe with pipe of
sufficient load carrying capability.
16. Reclamation's ongoing O&M activities should not be disrupted during
construction. The primary or secondary operating road should be kept
available for Reclamation and/or AOE use at all times.
17. Detectable warning tape may be required over below -ground utilities.
Refer to "3.3 Detectable Warning Tape."
18. The points where the proposed utilities enter and exit Reclamation's
ROW should be plainly and permanently marked by sign posts
extending 5 feet above grade. Applicants should provide sign posts
directly above their utilities and at all angle points within Reclamation's
ROW. The distance between adjacent sign posts should not exceed
500 feet. Sign posts should contain the name of owner/operator,
contents of the pipeline, utility identification, and emergency contact
telephone number. Sign posts for angle points that lie within roads or
canals should be offset and have a reference noted. The locations of the
sign posts should be shown on the plans.
19. Following completion of work, applicants should provide as -built
drawings of their facilities on Reclamation's ROW. Reclamation as -
built drawings are to be updated by the appropriate Reclamation office
and/or AOE to reflect the crossing. As -built drawings may be
maintained by the AOE, but should remain accessible to Reclamation
upon request.
3.3 Detectable Warning Tape
Detectable warning tape may be required over below -ground utilities situated
within Reclamation's ROW and should be a minimum of 18 inches above the
utility and between 18 and 30 inches below the ground surface. Warning tapes
should conform to the following specifications:
6
a. For potable water lines, the warning tape should be a 3-inch-wide blue
detectable tape imprinted with "CAUTION BURIED POTABLE
WATER LINE."
b. For nonpotable water lines, the warning tape should be a 3-inch-wide
purple detectable tape imprinted with "CAUTION BURIED
NONPOTABLE WATER LINE."
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
c. For sewer and storm drain lines, the warning tape should be a 3-inch-wide
green detectable tape imprinted with "CAUTION BURIED (type)
LINE."
d. For gas, oil, and steam chemical lines, the warning tape should be a
3-inch-wide yellow detectable tape imprinted with "CAUTION BURIED
(type) LINE."
e. For telecommunications, telephone, and television conduit(s), the warning
tape should be a 3-inch-wide orange detectable tape imprinted with
"CAUTION BURIED (type) CONDUIT."
f. For electrical, street lighting, and traffic signal conduit(s), the warning
tape should be a 3-inch-wide red detectable tape imprinted with
"CAUTION BURIED (type) CONDUIT."
4.0 SPECIFIC FEATURE REVIEW GUIDELINES
4.1 Bridges
1. New bridge crossings (vehicular, pedestrian, and utility) should be
perpendicular (between 70 and 90 degrees) to the centerline of the water
conveyance facility and at locations approved by Reclamation and/or the
AOE. Exceptions to the policy may be considered on an individual
basis.
2. Public use bridges in urban areas should be spaced no closer together
than 1/3 mile (about 4 blocks or 1,700 feet) apart. This is to ensure
O&M operations are not overly restricted.
3. Bridge crossings should be of free span design. Consideration of any
anticipated (known or ongoing) canal subsidence issues, anticipated
raising of the canal lining, or anticipated increases in the canal's high
water level should be made. The minimum vertical clearance between
the bottom of the superstructure and the top of the canal lining should be
3 feet. For unlined canals, the vertical clearance may be measured to the
high water level. If this minimum clearance is reduced by subsidence or
by future Reclamation modifications to the canal lining, the minimum
clearance should be re-established at the applicant's expense. The
minimum horizontal clearance from the face of the abutment to the top
of the canal lining should be 5 feet. For unlined canals, the horizontal
clearance may be measured to the high water level.
7
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
8
These clearances are suggested to minimize impact on the canal section
during construction and future inspections and O&M. Applicants may
request to re -construct a canal section if Reclamation's operations
are impacted by close construction during periods when the canal is
normally unwatered. If so, vertical clearances may be reduced to 1 foot
and horizontal clearance to 3 feet.
4. Canal O&M roads should intersect public roads at bridges at right angles
for proper visibility. This may require the applicant to acquire
additional ROW for use if the existing canal ROW is not sufficient.
American Association of State Highway and Transportation Official
(AASHTO) criteria for sight distances at the intersection of O&M roads
and roadways at new bridges should be met to allow O&M vehicles to
cross them safely.
5. Driving piles at concrete -lined canals should not be permitted. Any
abutment foundation support piles, at concrete -lined canals, should be
drilled and cast -in -place.
At a minimum, the applicant's drilling and piling plan should include:
• Drilling methods and equipment
• Methods for preserving existing foundation material
• Methods and equipment to determine the presence of quick soil
conditions or scouring and caving
• The proposed method for casing installation and removal if
casings are used
• Methods and equipment for accurately determining the depth of
concrete and actual or theoretical volume placed
At a minimum, the applicant's contingency plan should include:
• Means to repair in a certain time
• Minimum flows after event
• Review of geotechnical conditions surrounding the pile locations
• Assessment of how the proposed mitigations will address
geotechnical conditions
• Methods for restoring foundation material
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
• A list of material, equipment, and personnel with qualifications
to be used during mitigation work
• A seal from a Professional Engineer on all relevant plans and
drawings
6. The submitted plan drawings for the bridge should contain the following
information:
a. Superstructure, abutments, railings, embankments, and drainage,
including details and sections
b. Type of materials (concrete, steel, timber, etc.) used for different
members
c. Details of cast -in -place foundation piles, if any, on both sides of
the canal
d. The elevation of the bottom of the superstructure and the
clearance between the top of the canal lining (or high water level
if unlined canal) to the superstructure or bottom of deck slab,
whichever is lowest
e. Design loadings
f. Design standards on which the bridge is based (AASHTO, etc.)
7. The calculations and specifications for the bridge should be submitted to
Reclamation and/or AOE for review.
8. The right lane turn radius from the new road onto a Reclamation
operating road should comply with the provisions of a 67-foot
wheelbases (WB-67) truck turning template in the AASHTO manual
on Geometric Design of Highway and Streets.
9. Details of any proposed utilities to be attached to an existing bridge
include:
a. Anchor bolt locations should not intercept the critical reinforcing
steel of the bridge.
5 The field office should adjust these provisions according to anticipated needs.
9
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
b. Utilities should be placed and anchored under bridge decks and
through utility openings, if they are present. The utility should
be placed off center in the utility opening, if possible, to allow
for future utility additions.
c. If an expansion joint is used in the pipeline, the joint should be
placed near the bridge deck expansion joint.
d.
Holes through bridge concrete or abutment and retaining walls
for passage of utilities should be allowed by core drilling. The
annular space between the utility and core hole surface should be
completely filled with an elastomeric sealant to prevent loss of
material or water piping from behind the wingwalls and
abutments.
e. Submit calculations showing the effects of the weights of the
proposed utilities on the load carrying capacity of the bridge for
Reclamation review.
f. Intermediate supports for the utility should withstand the same
seismic load considerations as the bridge.
g. Load limit signs should be placed adjacent to the bridge, as
required under AASHTO criteria.
h. Beam guardrails should be installed at bridges and bridge
approaches, as required under AASHTO criteria.
10. The applicant will be responsible for changes to Reclamation existing
ROW; bridge O&M approach roads; existing fencing, gates, and signs;
and the addition of new fencing, O&M gates, cattle guards, signs, etc.
4.2 Landscaping
10
. No landscaping or other changes in ground surfaces within Reclamation
pipeline and canal/lateral ROW should be made without advance written
permission of Reclamation through the application process. Landscaping
changes may (1) limit, prevent, or hamper O&M access; (2) increase the
costs of operations and maintenance of the facility; (3) impact facility
reliability; or (4) create a public nuisance or liability issue.
2. Open space with natural hiking trails and walkways may be permitted if
vehicle access to Reclamation pipeline and appurtenant facilities for patrol
and maintenance is provided.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
3. The following may apply within Reclamation's ROW:
a. The easement may be used as a greenbelt upon Reclamation
approval.
b. Ground cover and shrubs are permitted upon Reclamation
approval.
c. Trees and vines should not be allowed. See Appendix B of
Review of Operation and Maintenance Program Field
Examination Guidelines (reproduced as appendix B at the end of
these guidelines).
4. All temporary or permanent changes in ground surfaces within
Reclamation pipeline and canal ROW are considered encroaching
structures and are handled as such. Earthfills and cuts on adjacent
property should not encroach onto Reclamation pipeline and canal ROW.
Excavations of adjacent property (even property not within Reclamation's
purview) within the projection of the Reclamation embankment line may
impact embankment stability and should be evaluated.
5. Permanent landscaping structures should not be allowed within the
exterior limits of a Reclamation linear facility ROW (fee owned or
easement).
6. Pressurized lawn and park sprinkler irrigation lines (3-inch maximum
size) and isolation valves within Reclamation easements that run parallel
to a Reclamation pipeline should be installed at least 15 feet from the edge
of the Reclamation pipeline.
Irrigating lawns and flower beds along canal embankments should not
overwater the area or threaten the embankment stability.
4.3 Roadway Crossing
Note: This type of encroachment also includes parking areas and recreational
trails.
1. The applicant should submit a grading plan as part of the application.
2. If the roadway crosses a Reclamation pipeline system that has a cover pipe
designation of "A," refer to "3.2 General."
11
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
3. If the applicant intends to modify existing drainage features during
construction, detailed drawings showing the proposed drainage
replacement/restoration should be submitted with the application for
review and approval. (Refer to "3.2 General.")
4. If the proposed roadway includes a bridge crossing over a Reclamation
canal or pipeline, Reclamation and/or AOE should review and approve the
vertical clearance and location of the abutments. (Refer to "4.1 Bridges.")
5. Streets, roads, or parking areas crossing Reclamation pipeline easements
are permissible. All streets, roads, and parking surfaces are to be asphalt
or other flexible pavement. Depressed curbs or driveways should be
provided for Reclamation vehicular access when new roads cross
Reclamation pipelines or canals.
6. Roadway ditch drainage should not be allowed to flow into the canal.
Drainage should be retained and released in a controlled way to maintain
peak discharges that are less than any peak historical runoff rate before
these modifications. Applicants should direct drainage to an original sub -
basin cross drainage culvert or overchute. (Refer to "3.2 General" and
"4.4 Storm Water Cross Drainage.")
7. If existing roadway embankments are to be widened, the work should be
conducted in accordance with the provisions of construction in the
applicable State Department of Transportation (DOT) Standard
Specifications.
4.4 Storm Water Cross Drainage
12
1. Upslope development impacts historic natural drainage volumes and
peak flow rates. Development re -grades and revises drainage sub -
basins. Revised ground cover from constructing roads, parking areas,
and buildings may result in the need to change the cross drainage
features (culverts and/or overchutes) along Reclamation canals.
2. A hydrologic study should accompany all plans that modify the existing
drainage across and/or along Reclamation facilities. The study or
report should show the proposed flows of the canal and the associated
crossings. The drainage study or report should show that the
downstream system can accept the flows without creating any flooding
to properties adjacent to or downstream of the canal.
3. All drainage crossings, whether existing or proposed, should carry the
peak runoff of a 100-year event while preventing any storm water from
entering the canal and/or ponding against the canal embankment.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
4. Urban runoff should not be allowed to enter into, or drain onto,
Reclamation's land. All flows generated outside Reclamation's ROW
should enter the storm drain system prior to entering Reclamation's
ROW. Piped connections are preferred, but concrete -lined channels may
be acceptable upon Reclamation's review.
5. The new crossing under a canal should be designed with 3 feet vertical
clearance from the top of the cross drainage structure to the bottom of
the canal (or liner). The structure should extend completely across
Reclamation's ROW.
6. New overcrossings of the canal should have 2 feet of vertical clearance
from the top of the liner and 2 feet of horizontal clearance from the
support abutments to the outside edge of the canal lining. The O&M
road crossing of the cross drainage structure should be structurally
capable of withstanding highway -legal vehicle loadings and provide at
least 1 foot of cover in the roadway.
7. Pipe crossing barriers should be installed on all pipe overcrossings.
8. All drainage flow should be discharged to a downstream storm drainage
system owned, operated, and maintained by a public agency (such as a
city or county) or into areas such as channels, roadways, parks, wetland
basins, or other non -private lands that can accept the concentrated flows
from the drainage crossing.
9. All drainage from upland property should be collected by the applicant's
installed system of curbs and inlets within their property and discharged
into a non -Reclamation public agency's drainage system.
10. New drainage system designs will not use ponding against the existing
canal embankment for temporary detention of storm runoff that will not
immediately pass through existing or new crossings.
Proposed permanent detention facilities adjacent to Reclamation's
property should include engineered fill beyond the canal ROW to
provide, at a minimum, a fill -width maintenance access roadway
between the canal property and the basin. The applicant shall submit a
geotechnical report verifying that the canal embankments can perform as
detention basin embankments. The design should provide for sufficient
freeboard to contain the 100-year event within the proposed basin
adjacent to Reclamation's property and shall have adequate protection
from seepage and erosion.
The ownership and related O&M of the embankments shall be the
responsibility of the applicant requesting the crossing.
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Engineering and O&M Guidelines for Crossings
11. When grading operations upstream of existing canal drainage crossings
are scheduled to take longer than a normal construction season to
complete, temporary basins shall be installed. These temporary basins
should be designed to detain the 100-year event, capture silt from the
disturbed area, and meter the flows across the existing drain crossings
without spilling flows into the canal.
12. Unless Reclamation specifies otherwise, the applicant should remove or
plug and abandon existing drainage crossings that are not used by the
development unless they are shown to provide an additional measure of
safety for the canal by reducing the likelihood of spill into the canal
caused by extreme runoff flows. Otherwise, these crossings should
remain in place for Reclamation's benefit and will not require ownership
transfer to a public agency.
These crossings must discharge into the non -Reclamation public
agency's storm drainage systems or into areas such as channels,
roadways, parks, wetland basins, or other nonprivate lands that can
accept the concentrated flows from the drainage crossing in the case of
an extreme runoff event.
Grading in Reclamation property should be preserved or revised to
direct extreme runoff flows into these unused drainage crossings without
allowing said flows to enter into the canal until the crossings reach their
capacity.
4.5 Subdivision
Urban developments are reaching Reclamation's lands and ROWs. These are
general guidelines for accommodating development in subdivisions (refer to
"3.2 General" and "4.4 Storm Water Cross Drainage").
14
1. Permanent structures should not be permitted within Reclamation fee -
owned linear ROWs.
2. Open space with natural hiking trails and vegetation may be allowable.
3. Where subdivision development is adjacent to a canal, fencing should
include these characteristics:
a. Temporary chain link fences must be installed prior to removing
any portion of existing fences.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
b. Upon completion of grading for drainage and other work,
fencing should be installed along the subdivision's boundary
length of the adjacent ROW plus 150 feet beyond the
development's property boundary. The fence should be per
project standards and at the applicant's expense.
c. The new fence should be located 1 foot outside of Reclamation's
ROW. The fence location should be shown on the improvement
plans.
4. Use of Reclamation pipeline easements as part of residential subdivision
lots should not be allowed. Pipeline easements may be included within
the subdivision greenbelt or similar use areas.
5. Drawings should include all proposed improvements (i.e., streets,
utilities, landscaping, etc.) within, and adjacent to, Reclamation's ROW.
6. Trees or vines should not be allowed within a Reclamation pipeline or
canal ROW. See Appendix B of Review and Operation and
Maintenance Program Field Examination Guidelines (reproduced as
appendix B at the end of these guidelines).
7. Streets, roads, or parking areas using Reclamation easements may be
permissible. All streets, roads, and parking surfaces should be asphalt or
other flexible pavement. Depressed curbs or driveways should be
provided for Reclamation vehicular access when new roads cross
Reclamation pipelines or canals.
8. Where fencing is proposed within Reclamation easements, a minimum
16-foot-wide gate should be provided for Reclamation access.
9. Pipelines containing sewage, oil, gasoline, natural gas, or hazardous
materials should only cross perpendicular (between 70 and 90 degrees)
to the Reclamation pipeline or canal and be installed with the necessary
safety measures and separation clearance as required in "4.6 Utility
Crossing."
10. Electroliers, posts, etc., should be installed at the maximum distance
possible from the edge of the pipeline or canal.
11. If crossing a Reclamation pipeline system that has "A" cover pipe
designation, refer to recommendations in "3.2 General."
15
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CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
4.6 Utility Crossing
Note: All pipelines, electrical, and communication lines and conduits are referred
to as "utilities" in these guidelines.
4.6.1 Casings
The Reclamation Materials Engineering and Research Laboratory's (MERL)
position is to avoid using casing pipes around metallic carrier pipelines (steel,
ductile iron, cast iron, reinforced concrete, pretensioned concrete cylinder, etc.)
whenever possible. The experience of the corrosion community in general is that
these casings often cause corrosion -control problems. Furthermore, dielectric
(plastic, fiberglass, etc.) casings, or even dielectrically coated casings, should not
be used. They can shield the carrier pipe from receiving cathodic protection
current.
Cathodic protection to a buried metallic pipeline is more trouble free and more
certain without a casing pipe. MERL recommends relying on effective corrosion
control measures on the carrier pipeline rather than relying on a casing pipe
(which may shield cathodic protection current) to direct a leak away from
Reclamation property.
4.6.2 Overhead Line Crossing
16
1. Overhead wires across Reclamation pipeline and canal ROWs should be at
least 32 feet above all ground levels in the Reclamation ROW. For
electrical powerlines of 69 kilovolts (kV) or higher voltage, the minimum
clearance should be 40 feet plus 0.25 inch per kV of line -to -line voltage
above 450 kV. In any case, the minimum clearance is to be that
determined to be needed with an ambient temperature of 120 degrees
Fahrenheit.
2. Reclamation has the following requirements for overhead crossings:
a. Poles or towers should not be allowed within Reclamation's ROW.
b. Overhead electrical and communication lines should cross
perpendicular (between 70 and 90 degrees) to the centerline of the
Reclamation facility.
c. If necessary, fence grounding is to be provided for existing fence
lines, especially under power transmission lines.
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CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
3. A marker warning sign should be provided that shows the clearance and
electrical line voltage. The warning sign should face oncoming traffic and
state, "DANGER, HIGH VOLTAGE OVERHEAD."
4.6.3 Utility Crossing Reclamation's Canal
Utility crossings include open ditch laterals, subsurface and surface drains, levees,
and similar facilities.
General Requirements:
1. Utilities crossing Reclamation canals should be designed to cross
perpendicular (between 70 and 90 degrees).
2. Pier construction in the canal for new utility crossing(s) should not be
allowed. New utility crossings should be free span design.
3. Open cut crossings of Reclamation canals and ditches, when allowed,
should require replacing linings to re-establish the original construction
style and materials (i.e., disturbed concrete lining panels should be
removed in their entirety and replaced, membrane lining and earth or
concrete protective cover should be re -constructed, gravel and canal
under -drainage systems should be re-established to full working order,
etc.) Proposals should be submitted for approval with the crossing
permit application.
4. For trench excavation and backfill requirements, refer to "3.2 General."
5. Boring and jacking of a utility through canal embankments or protective
levees should not be permitted. Boring and jacking of a utility should be
constructed through the embankment foundation materials. Applicants
should make special design and construction considerations with bored
crossings under canals containing water during construction. Among
these should be using proper bentonite slurry to seal the annulus space
between the utility conduit and the boring cavity from canal seepage.
Refer to appendix A for more details to be considered.
The applicant's drilling plan should cover:
a. Drilling methods and equipment
b. Methods for preserving existing foundation material
c. Methods and equipment to determine the presence of quick soil
conditions or scouring and caving
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Engineering and O&M Guidelines for Crossings
18
d. Proposed method for casing installation and removal if casings
are used
e. Methods and equipment for accurately determining the depth of
concrete and actual or theoretical volume placed
The applicant's contingency plan should cover:
a. Means to repair in a certain time
b. Minimum flows after event
c. Review of geotechnical conditions surrounding the pile locations
d. Assessment of how the proposed mitigations will address
geotechnical conditions
e. Methods for restoring foundation material
f. List of material, equipment, and personnel with qualifications to
be used during mitigation work
g. A seal from a Professional Engineer on all relevant plans and
drawings
6. When horizontal directional drilling (HDD) or other trenchless methods
are used, canal seepage conditions may be aggravated by the collapse of
the canal foundation material into the annular void between the bore and
pipe. Penetration through the top stratum of fine-grained materials may
concentrate seepage at those locations. Pipe installed with trenchless
methods should proceed only after completion of a comprehensive
evaluation of the following:
(a) Comprehensive understanding of the subsurface soil and
groundwater conditions to a minimum depth of 20 feet below
the lowest pipe elevation
(b) Locations of the HDD pipe penetration entry and exit
(c) Construction procedure
(d) Allowable uplift pressures
(e) Onsite quality control and quality assurance monitoring during
construction operation
EXHIBIT F
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Engineering and O&M Guidelines for Crossings
(f) Grouting of the pipe annulus
(g) Backfilling of any excavated areas
(h) Repair and reinstatement of the construction staging areas
A geotechnical report should be submitted with the application for
review prior to approval of the proposed utility crossing.
Directional drilling under a canal may be considered if a minimum
clearance of 25 feet to the bottom of the canal lining is maintained for
utilities with less than a 24-inch outside diameter. Larger utility
crossings should be considered on an individual basis and may require
additional clearance from the bottom of the canal lining.
7. Cut and cover constructed utilities under Reclamation canals should
have a minimum cover of 36 inches when within Reclamation's ROWs.
Bored construction utilities should have a minimum of 3 diameters
cover.
8. Reclamation's ongoing O&M activities should not be disrupted during
crossing construction. The primary or secondary operating road should
be kept available for Reclamation use at all times.
9. Canal embankments should be re -built or repaired with materials and
standards equal to or better than the existing embankments.
10. Drawings should be stamped and signed by a Professional Engineer and
contain the following information:
a. Canal milepost or station at each proposed crossing, utility size
and location, and type of utility or material transported
b. Maximum utility operating pressure, type of pipe, joints, wall
thickness, maximum test pressure, and description of test
procedures
c. Type of sleeve/casing (when allowed) including diameter, joints,
and wall thickness
d. For utilities attached to a bridge or an overchute, details showing
the structure name, superstructure, abutments, embankments,
protective dikes, method of attachment, spacing of utility
supports on the structure, location of other attached utilities, and
structural calculations
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Engineering and O&M Guidelines for Crossings
e. Protective coatings and corrosion control measures
f. Method of handling pipeline expansion and contraction
g. Location of nearest shutoff valve on each side of the crossing
h. Location and details of thrust restraint
i. Design code(s) used for the utility crossing
j. Location, including depth, of the buried pipeline communication
and control cables
k. Other existing utility easements in the immediate vicinity
Hazardous Material Carrier Requirements:
20
1. Pipelines carrying hazardous material or pollutants (e.g., oils, gasoline,
sewage, contaminated waters, and nonpotable waters) should be designed
for a reduced risk of failure in the portion within Reclamation's ROW.
The design should require either:
a. Designing the crossing pipeline with an additional 50 percent
working pressure factor
or
b. Using secondary containment (casing pipe) for all hazardous
material pipelines
2. To minimize the amount of any hazardous material entering the canal,
Reclamation may require the installation of a block (gate) valve and or a
check valve on each side of the canal between the ROW boundary and the
embankment. When selecting the type of the valves, take into the account
the flow direction and the terrain.
3. A final hazardous material spill contingency plan and an emergency
response plan should be approved by Reclamation prior to start of
construction.
4. A monitoring program and/or Supervisory Control and Data Acquisition
System alarm may be required depending on the hazardous material
transported. This applies to all "overcrossings" and "undercrossings"
when the hydraulic grade line is within 60 inches of the canal liner or
when local geology would promote this requirement.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
Attaching Utilities to Bridges and Overchutes:
Note: Reclamation does not guarantee the long-term availability of bridges or
overchutes as support devices for utility crossings because they may require
structural modifications or alterations to accommodate widening, repairs,
subsidence offsets, etc., to such an extent that service may be interrupted or
stopped. Reclamation may determine the bridge is no longer required and may
remove it. In that event, the owner/operator of each utility attached to a bridge or
an overchute may be required to re -locate or permanently remove their utility at
their own expense.
Specific details for attaching utilities to bridges are:
a. Utilities should not be placed on the bridge deck.
b. Anchor bolt locations should not intercept the critical reinforcing steel of
the bridge.
c. Utilities should be placed and anchored under bridge decks between
girders and through utility openings, if they are present. The utility should
be placed off center in the utility opening, if possible, to allow for future
utility additions.
d. If an expansion joint is used in the pipeline, it should be placed near the
bridge deck expansion joint.
e. Holes through bridge concrete or abutment and retaining walls for passage
of utilities may be allowed and should be core drilled. The annular space
between the utility and core hole surface should be completely filled with
an elastomeric sealant to prevent loss of material or water piping from
behind the wingwalls and abutments.
f. Calculations showing the effects of the weights of the proposed utilities on
the load carrying capacity of the bridge should be submitted for
Reclamation review.
g. Intermediate supports for the utility should withstand the seismic
conditions of the bridge.
4.6.4 Utility Crossing Reclamation's Underground Pipelines
1. The applicant should submit the procedures, excavation plans, schedules,
as well as type and weight of the construction equipment to be used for
crossing the Reclamation pipeline.
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Engineering and O&M Guidelines for Crossings
22
2. High voltage, direct current powerlines should not be permitted to
encroach on the Reclamation pipeline ROW, except in unusual
circumstances and with proper cathodic protection considerations.
3. For proposed metallic pipelines, refer to "5.0 Cathodic Protection
Requirements."
4. For utilities crossing above or under the Reclamation pipeline, the vertical
clearance between the utility and Reclamation pipeline should be a
minimum of 12 inches.
5. The location of the Reclamation pipeline and the communication and
control cables throughout the area of the proposed construction should be
shown on the plans. Prior to Reclamation and/or AOE issuing a use
authorization or consent document, the pipeline and the cable(s) should be
located and exposed by potholing. The pothole locations should be shown
on the drawings. The pothole elevations should be referenced to
Reclamation stationing or milepost. (Refer to "3.2 General.")
6. Drawings should contain the following information:
a. Reclamation milepost or station at each proposed crossing,
pipeline size and location, and type of utility or material
transported.
b. Maximum utility operating pressure, type of pipe and joints,
maximum test pressure and description of test procedures, wall
thickness, and utility pipe classification.
c. Type of sleeve/casing pipe (when allowed) including diameter,
joints, and wall thickness.
d. Protective coatings and corrosion control measures.
e. Location of nearest shutoff valve on each side of the crossing.
f. Location and details of thrust restraint.
g. Design code(s) used for utility crossing.
h. Location, including depth of the Reclamation pipeline and the
communication and control cables.
i. Other existing utility easements in the immediate vicinity.
EXHIBIT F
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Engineering and O&M Guidelines for Crossings
7. Detectable warning tape may be required over trenched utilities. (Refer to
"3.3 Detectable Warning Tape.")
8. For trench excavation and backfill requirements, refer to "3.2 General."
9. Embankments should not be permitted within Reclamation's ROW where
underground pipeline exists.
4.6.5 Utility Crossing Under Reclamation's Roadways
1. The applicant should supply typical cross sections that show existing
ground surface elevations, utility trench invert elevations, and utility
details.
2. For trench excavation and backfill requirements, refer to "3.2 General."
3. Conduits with diameters up to 24 inches should be bored and jacked
underneath pavements. Larger conduits may be considered on an
individual basis. Pavement or road surfaces should not be cut unless an
acceptable detour, if required, is approved. The cover over the conduit(s)
when within Reclamation's ROWs should be a minimum of 36 inches.
(Refer to "3.2 General.")
4. Unless otherwise approved, the applicant should replace existing
Reclamation roads and parking surfaces that are removed or damaged by
the applicant's construction activities in accordance with provisions in the
latest edition of the applicable State DOT Standard Specifications.
5. If existing road embankments are to be widened, the work should be
conducted in accordance with the provisions of embankment construction
in the applicable State DOT Standard Specifications.
6. Detectable warning tape may be required over buried utilities. (Refer to
"3.3 Detectable Warning Tape.")
5.0 CATHODIC PROTECTION REQUIREMENTS
5.1 Cathodically Protected Metallic Pipelines
Unless approved in writing by Reclamation, metallic pipelines or those containing
metallic reinforcement (e.g., reinforced concrete) installed within Reclamation's
ROW should have a suitable bonded dielectric coating (see "5.2 Protective
Coatings for Corrosion Control") and be cathodically protected. Impressed
current cathodic protection rectifiers and deep -well anode systems should not be
23
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Engineering and O&M Guidelines for Crossings
permitted within Reclamation facilities without prior approval from MERL's
Corrosion Technology Group. All submittals should include details of the
cathodic protection system (CPS) and its appurtenances.
24
1. All existing Reclamation cathodic protection test stations, cables running
to these stations, rectifiers, anode beds, and any other appurtenances
should be located prior to any grading or excavation. The test stations
should be staked and flagged. The test stations, cables running to these
stations, any anode beds, etc., should be suitably enclosed or protected
during construction to prevent damage. No re -location or modification of
the test stations, cables, anode beds, etc., is allowed without prior approval
from MERL's Corrosion Technology Group.
2. Generally, the CPS to the proposed pipeline should be the sacrificial anode
type unless the proposed installation continues an existing pipeline that
uses impressed current type of cathodic protection.
3. A means of monitoring the effectiveness of the CPS on the proposed
pipeline should be provided within Reclamation's ROWs. The number of
anodes and test stations will differ with each project. Test stations should
be located at every anode bed connection and should not be more than
1,000 feet apart. A test station should also be located where any metallic
pipeline crosses over or under a metallic Reclamation pipeline, metallic
fence, other metallic structure embedded in the ground, or comes within
20 feet of a Reclamation structure on or embedded in the ground. Both
the proposed cathodically protected pipeline and the Reclamation pipeline
should be monitored regularly using these test stations. Monitoring results
should be reported to MERL's Corrosion Technology Group. In addition,
the owner of the proposed crossing pipeline should investigate and
mitigate any adverse potential shift caused by the proposed pipeline on the
Reclamation pipeline. Owners of proposed crossing pipelines should
return Reclamation pipelines to their original electrochemical potentials or
to more benign potentials. Mitigation measures should be approved by
MERL's Corrosion Technology Group. The effectiveness of mitigation
measures should be confirmed in the presence of a Reclamation
representative following installation.
For those pipelines under DOT regulation, the application and monitoring
of the CPS should conform to Title 49 CFR, Part 195, any special
provisions of this guideline, and the provisions of NACE International
RP 0169, in that order. For other pipelines, any special provisions of this
guideline should take precedence, followed by the provisions of NACE
RP 0169.
EXHIBIT F
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Engineering and O&M Guidelines for Crossings
5.2 Protective Coatings for Corrosion Control
1. Atmospheric Exposed Pipe
The coating should be a high build modified aluminum epoxy mastic
primer and top coated with a high build aliphatic urethane. The type of
coating should be listed in the submitted plans and specifications.
Information should include the surface preparation and the thickness of the
coating to be applied.
2. Buried Pipe
The type of coating may vary from project to project due to geology and
soil corrosivity and should be considered on an individual basis. The type
of coating should be listed in the submitted plans and specifications.
Information should include the surface preparation and the thickness of the
coating to be applied.
25
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REFERENCES
Application for Transportation and Utility Systems and Facilities on Federal
Lands, <http://www.ntia.doc.gov/FROWsite/SF-299_2006.pdf>.
Application for Use of Reclamation Project Land and Water Surfaces,
<http://www.usbr.govipmts/lands/>.
Bureau of Reclamation Right -of -Use Application, <http://www.usbr.gov/pmts/
lands/F INAL7-2 540-5-06ExpD ate 03 312009.pdf>.
California Department of Water Resources - Encroachment Permit Guidelines.
Central Arizona Project, Reach 11 Guidelines.
GP Region Billings MT — Standard Crossing & Clearance Requirements, Utility
Lines and Cables, drawing 40-600-51. The office also uses a Preliminary
Project Description Form and a Special Use Permit.
NACE, International RP 0169, "Standard Recommended Practice — Control of
External Corrosion on Underground or Submerged Metallic Piping Systems."
PN Region Burley ID — Overhead and underground crossing clearances.
Policy on Geometric Design of Highway and Streets, American Association of
State Highway and Transportation Officials (AASHTO), Fifth Edition, 2004,
Reclamation, 2005. Preliminary drawing 103-D-1700 that provides general
requirements for installation of crossings, June 2005.
Reclamation Manual, Directive and Standards LND 08-01, Land Use
Authorizations, <http://www.usbr.gov/recman/Ind/lnd08-01.pdf>.
Title 29 CFR, Part 195.
U.S. Army Corps of Engineers — Engineering and Design, Design and
Construction of Levees EM 1110-2-1913, 30 Apr 2000, CECW-EG
Washington, DC 20314-1000.
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GLOSSARY
Bored and jacked — This terminology is a general way of referring to a family of
trenchless methods.
Bridge, class A — Vehicular bridge used by the public. May or may not be owned
by the Bureau of Reclamation.
Consent Document Permit — Permit required across fee -owned lands.
Detention basin — An artificial flow control structure used to contain flood water
for a limited period of a time, thereby providing protection for areas downstream.
Detention basins provide a way to reduce storm peak flows, while retention basins
hold water for an extended period of time. These basins are generally a part of a
larger engineered flood water management system.
Electroliers — A branching frame, often of ornamental design, used to support
electric illuminating lamps.
Pothole excavation — See potholing.
Potholing — The practice of digging test holes to expose underground utilities
(e.g., cables) to determine the horizontal and vertical location of these utilities.
Trenchless methods — Procedures for installing pipe without using traditional
trench cut and cover methods. These trenchless methods may be referred to as
bore and jack, tunneling, horizontal directional drilling, and microtunneling,
among others.
Water conveyance facility — Canal, ditch, pipeline, drain, levee, open or closed
laterals, and similar facilities and their associated appurtenant features.
29
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Appendix A
General Requirements for Installing
Bored and Jacked Pipe Undercrossings
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Bored and Jacked Under the Canal — This terminology is a general way of
referring to a family of trenchless technologies. Similar guidance to the
requirements listed below should be followed no matter what method is used for
installation.
1. Installing a lone carrier pipe (without casing) is encouraged. Refer to
"4.6 Utility Crossing," and "4.6.1 Casings" for information on cautions
of using casings around metallic carrier pipe.
2. Plans must show carrier/casing pipe type, diameter, and thickness.
Casing pipes should be steel pipe (American Water Works Association
[AWWA] C-200) and have 1/4-inch minimum wall thickness.
Applicants should provide the type of carrier pipe and appropriate bell
dimensions for said carrier pipe to verify annular clearances.
3. When installing pipe while the canal is unwatered, a minimum of 3 pipe
diameters or 60 inches of clearance (whichever is greater) between the
top of the pipe and the bottom of the canal must be maintained.
However, 72 inches or more clearance is recommended.
4. Provide a minimum of 3 inches of clearance between the carrier and
casing pipes at all points (including bells).
5. A bulkhead or effective sealing device should be provided at both ends
of each casing pipe to seal the annular space between the two pipes.
Vent pipe should be included to allow ventilation and reduce the risk of
condensation buildup and flooding.
6. As a result of the installation process, an annular void is usually created
around the outside of the casing pipe. Provisions should be made to
pressure grout or effectively seal (e.g., bentonite slurry) this void space.
7. Requirements below are provided to establish minimums for
determination of the length of pipe to be installed. It is strongly
recommended that pipes be installed perpendicular (between 70 and
90 degrees) to the canal alignment. Regardless, the pipe must extend
completely through the Bureau of Reclamation's (Reclamation) right-of-
way (ROW). Theses minimums do not relieve the applicant's engineer
from performing an onsite investigation or other work to determine local
conditions that may require additional pipe length.
Jacking pit configuration, location, and length of pipe to be installed
should be based on the following parameters:
a. One operating road shall remain open to vehicular traffic at all
times.
A-1
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
A-2
b. The minimum operating road embankment top width to be
maintained during construction should be either 14 feet wide, the
width of the existing embankment, or as required by
Reclamation.
c. As a minimum, jacking pit excavations should not be within:
(1) A line drawn from the outside edge of the operating road
embankment extended downward and away from the
canal at a slope of 3/4 horizontal to 1 vertical.
(2) A line drawn from the outside edge of the top of the
concrete lining extended downward and away from the
canal at a slope of 1 horizontal to 1 vertical.
d. To contain the slurry during installation, jacking pits should be
constructed so that natural ground or a compacted dike is entirely
around the pit to an elevation at least 1 foot above the top of the
canal lining.
e. All excavations should be in compliance with Occupation Safety
and Health Administration regulations and Reclamation's Health
and Safety Standards.
f. If the contractor elects to install shoring in the jacking pits, all
shoring designs should be prepared by a Professional Engineer
knowledgeable in said type of work. A copy of the shoring
designs should be submitted to Reclamation.
8. Jacking pits should be backfilled with native material and mechanically
compacted to 95 percent of the maximum dry density per ASTM D-698.
9. The contractors should be responsible for any damage to the canal
section during the construction of a crossing, and the contractor shall
repair the damage at their own expense.
10. If an emergency situation develops during construction, the contractor
should immediately notify appropriate contacts with Reclamation.
Reclamation must approve further work at that point.
11. The minimum distance between two jacked pipes should be 10 feet.
12. Any pressure lines installed within Reclamation's ROW must have
adequate thrust restraint at bends and valves. Specified design pressures
and thrust restraint calculations shall be provided to Reclamation to
confirm the design configuration.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
Appendix B
Guidelines - Removal of Trees and Other
Vegetative Growth from Earth Dams,
Dikes, and Conveyance Features
Excerpted from: Review of Operation and Maintenance
Program Field Examination Guidelines
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APPENDIX L
GUIDELINES
REMOVAL OF TREES AND OTHER VEGETATIVE GROWTH
FROM EARTH DAMS, DIKES, AND CONVEYANCE FEATURES*
Growth of trees and other significant vegetation on or adjacent to earth dams, dikes,
and conveyance features, should be prevented from becoming established for the following
reasons:
1. To allow proper surveillance and inspection of the structures and adjacent areas
for seepage, cracking, sinkholes, settlement, deflection, and other signs of distress.
2. To allow adequate access for normal and emergency Operation and Maintenance
(O&M) activities.
3. To prevent damage to the structures due to root growth, such as shortened seepage
paths through embankments; voids in embankments from decayed roots or toppled
trees; expansion of cracks or joints of concrete walls, canal lining, or pipes; and plugging
of perforated or open -jointed drainage pipes.
4. To discourage animal/rodent activity (by eliminating their food source and
habitat), thereby preventing voids within embankments and possible shortened seepage
paths.
5. To allow adequate flow -carrying capability of water conveyance channels (e.g.,
spillway inlet and outlet channels; open canals, laterals, and drains).
The growth of trees and potentially detrimental vegetation should be prevented during
its early stages as part of the operating office or entity's normal O&M program. Early
control is generally the most cost effective means of avoiding potential adverse effects
on these structures from their continued growth. Control efforts may consist of applying
herbicides, spraying, cutting, and/or removing the trees or undesirable vegetation.
Suggested clearance zones (areas of control) adjacent to these structures are provided
within these guidelines. Concerted efforts should be made to maintain these clearance
zones. However, site -specific conditions, such as landscaping, accessibility, erosion
susceptibility of material in the area, type of abutment material, original construction
clearance zone, right-of-way easement, etc., may influence the necessity or success of
these control efforts.
Should trees and/or other significant vegetation become established, proper O&M of
earth embankment dams, dikes, and conveyance features, may require their discriminate
removal. During the Review of Operation and Maintenance examination for the facility
or system, the examiners should use these guidelines, along with their experience and
professional judgment, to evaluate the need for removal of such established growth.
If trees and other significant growth are identified by the examination team in locations
delineated by these guidelines, a determination should be made regarding their need
for removal. If the identified vegetation is deemed to be in location such that its existence
is not considered to be detrimental and therefore does not require removal, sufficient
justification should be provided during the examination and included within the
associated report to support that determination.
• Enclosure to memorandum dated April 26, 1989, from Manager, Project Operation Services Staff, to all
Regional Directors. Subject: Revised Guidelines — Removal of Trees and Other Vegetative Growth From
Earth Dams, Dikes, and Conveyance Features.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
When, in the opinion of an Review of Operation and Maintenance examination team,
such established growth requires removal, specific followup procedures should be
addressed as part of the examination. Such procedures may include the need for right-
of-way easement determination; the need for an assessment for potential environmental
impacts (any impact assessments should be coordinated with designated regional or project
office environmental staff); whether removal of the root system is necessary and to what
extent; the method of removal and recompaction of material within the void created;
and the need for any erosion stabilization measures.
National Environmental Policy Act compliance is required relative to such tree and
vegetation removal. Additionally, the application of herbicides should comply with
applicable provisions of the Endangered Species Act. The determination of appropriate
procedures to be followed in assessing potential environmental impacts and mitigation
(including those to wildlife and its habitat) will be the responsibility of each regional
and/or project office. This will include the preparation of an appropriate National
Environmental Policy Act document and an assessment of the need for mitigation prior
to the onset of removal activities. Appropriate National Environmental Policy Act
compliance may include a Categorical Exclusion Checklist, an environmental assessment
followed by a Finding of No Significant Impact, or an Environmental Impact Statement.
The following guidelines and associated clearance zones should be used for all
Reclamation earth dams, dikes, and conveyance features. They are not considered "policy;"
rather, they are guides which should be used with reasonable judgment and practicality.
1. Trees and detrimental vegetative growth should be prevented from becoming
established on the surface of all earth dam, dike, and conveyance feature embankments.
A small amount of shallow -rooted vegetation may be acceptable to aid in erosion
protection and slope stabilization. Mowing of grass and other small vegetation is
desirable and may be necessary to allow proper surveillance of the surfaces and
obscrvation of animal/rodent activity.
2. A clearance zone of 25 feet beyond each contact (groins and toe) of earth dam
embankments and dikes should be maintained of all trees and detrimental vegetation.
Similarly, a clearance zone of 15 feet should be maintained beyond the outside toe
of all fill sections/embankments for open canals and laterals. These clearance zones
may need to be extended for seepage areas or other conditions where proper surveillance
or access may be warranted.
3. Earth dam, dike, and conveyance feature (open canal and lateral) embankments
have large tree growth or stumps from previously cut trees on or near them should
be evaluated, usually in conjunction with an Review of Operation and Maintenance
examination, for any necessary future action, (i.e., monitor, excavation and backfill,
rebuild, etc.). Generally, sizable old root systems of large trees should be grubbed
out and the embankment replaced and compacted to prevent the development of piping
action or erosion. Likewise, any sizable voids resulting from animal/rodent burrowing
activity should be filled and compacted. Seeding may be necessary for protection from
surface erosion.
4. Spillway inlet and outlet channels, outlet works discharge channels, and other
open conveyance channels (open canals, laterals, and drains) should be free of vegetative
growth that could significantly impede water flow or reduce design capacity.
5. A clearance zone of 25 feet adjacent to all concrete structures associated with such
facilities should be maintained of all trees and detrimental vegetative growth to prevent
damage from root growth, to allow proper surveillance, and to allow adequate O&M
access.
EXrI1OI 1
CONTRACT NO. 06-07-34-L1502
6. Associated cut slopes adjacent to open canals and laterals should be kept clear
of vegetation which, if toppled and/or uprooted, could affect operations or O&M
access.
7. For pipe conveyance systems (such as siphons, aqueducts, discharge lines, perforated
or open -jointed drains, etc.), to provide O&M access and to prevent root encroachment,
a clearance zone should be maintained 15 feet from each side of the pipeline. However,
in some cases, farming of annual crops over pipelines may be permissible.
EXHIBIT F
CONTRACT NO. 06-07-34-L1502
United States Department of the Interior
IN REPLY REFER TO:
YAO-7120
2.2.3.19
FEDERAL EXPRESS
Ms. Carrie Oliphant, P.E.
Director of Engineering
Coachella Valley Water District
75-515 Hovley Lane East
Palm Desert, CA 92211
BUREAU OF RECLAMATION
Yuma Area Office
7301 Calle Agua Salada
Yuma, AZ 85364
11/08/2022
Subject: Coachella Valley Water District (District) — City of La Quinta (City) — Contract and Grant of
Easement No. 06-07-34-L1502 (Easement) — Authorization to Own, Use, Operate, and
Maintain a Portion of an Existing Public Roadway within Bureau of Reclamation Acquired
Lands for Dike No. 2 — Boulder Canyon Project, All -American Canal System, Coachella
Division, California
Dear Ms. Oliphant:
Enclosed for the District's review and concurrence signature are an original and two (2) duplicate
originals of the subject Easement. The Easement authorizes the City to own, use, operate, and maintain a
portion of an existing public roadway, known as Jefferson Street, located in the City of La Quinta, for
continued access by the general public, the District and Reclamation within, on, over, and/or across
Reclamation acquired lands for Dike No. 2.
If the Easement is satisfactory, please sign the original and the two (2) duplicate originals and return them
to Reclamation along with a resolution authorizing the signature provided. Upon signature by all parties,
a fully executed duplicate original Easement will be provided for your records.
Please reference Contract No. 06-07-34-L1502 in all communications regarding this matter. If you have
any questions, please contact Ms. Melissa Fairchild, Realty Specialist, via electronic mail at
mafairchild@usbr.gov or at telephone No. (928) 343-8238. Individuals in the United States, who are
deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to
access telecommunication relay services. Individuals outside of the United States should use the relay
services offered within their country to make international calls to the point -of -contact in the
United States.
In Triplicate
Enclosure
Sincerely,
CYNTHIA Digitally signed by
CYNTHIA FLORES
FLORES Date: 15:0546?2022.11.08 0700'
Christopher M. Wallis, Chief
Resource Management Office
INTERIOR REGION 8 • LOWER COLORADO BASIN
ARIZONA, CALIFORNIA*, NEVADA*
PARTIAL
2
cc: Ms. Chris Bogan
Senior Right -of -Way Specialist
Coachella Valley Water District
cbogan@cvwd.org
Mr. Jon McMillen
City Manager
City of La Quinta
jmcmillen@laquintaca.gov
Mr. Bryan McKinney
Public Works Director/City Engineer
City of La Quinta
bmckinney@laquintaca.gov
Ms. Monika Radeva
City Clerk
City of La Quinta
mradeva@laquintaca.gov
Ms. Julie Mignogna
Management Analyst
City of La Quinta
jmignogna@laquintaca.gov
Mr. Bill Ihrke
Rutan & Tucker, LLP
bihrke@rutan.com
(via electronic mail w/o encl to ea)
IN REPLY REFE R TO:
YAO-7120
2.2.3.19
United States Depat lwent of the Interior
BUREAU OF RECLAMATION
Yuma Area Office
7301 Calle Agua Salada
Yuma, AZ 85364
10/26/2022
FEDERAL EXPRESS
Mr. Jon McMillen
City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Subject: City of La Quinta (City) — Contract and Grant of Easement
No. 06-07-34-L 1502 (Easement) — Authorization to Own, Use, Operate, and Maintain a
Portion of an Existing Public Roadway within Bureau of Reclamation Acquired Lands for
Dike No. 2 — Boulder Canyon Project, All -American Canal System, Coachella Division,
California
Dear Mr. McMillen:
Enclosed for the City's review and signature are an original and two (2) duplicate originals of the subject
Easement. The Easement authorizes the City to own, use, operate, and maintain a portion of an existing
public roadway, known as Jefferson Street located in the City of La Quinta, for continued access by the
general public, the Coachella Valley Water District and Reclamation within, on, over, and/or across
Reclamation acquired lands for Dike No. 2.
If the Easement is satisfactory, please sign the original and the two (2) duplicate originals and return them
to Reclamation along with a resolution authorizing the signature provided. Upon signature by all parties,
a fully executed duplicate original Easement will be provided for your records.
Please reference Contract No. 06-07-34-L1502 in all communications regarding this matter. If you have
any questions, please contact Ms. Melissa Fairchild, Realty Specialist, via electronic mail at
mafairchild@usbr.gov. Individuals in the United States, who are deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunication relay services.
Individuals outside of the United States should use the relay services offered within their country to make
international calls to the point -of -contact in the United States.
In Triplicate
Enclosure
Sincerely,
CHRISTOPH Digitally signed by
CHRISTOPHER WALLIS
ER WALLIS Date:
514:90 22.
00.026
Christopher M. Wallis, Chief
Resource Management Office
INTERIOR REGION 8 • LOWER COLORADO BASIN
ARIZONA, CALIFORNIA*, NEVADA*
PARTIAL
2
cc: Ms. Carrie Oliphant, P.E.
Director of Engineering
Coachella Valley Water District
coliphant@cvwd.org
Ms. Chris Bogan
Senior Right -of -Way Specialist
Coachella Valley Water District
cbogan@cvwd.org
Mr. Bryan McKinney
Public Works Director/City Engineer
City of La Quinta
bmcicinney@laquintaca.gov
Ms. Monika Radeva
City Clerk
City of La Quinta
mradeva@laquintaca.gov
Ms. Julie Mignogna
Management Analyst
City of La Quinta
jmignogna@laquintaca.gov
Mr. Bill Ihrke
Rutan & Tucker, LLP
bihrke@rutan.com
(via electronic mail w/o encl to ea)