,I B.C. Draft 10-04-82B.C. R~v. 11-OG-B2B.C. Rev. 12-14-P?B.C. Rev. 12-22-82B.C. Rp-v. 1-03-83

Con tCJC t ~). 3-07-30-\\'0031

UNITEO ST/\TESDEPJ\RH1ENT OF THE I NTER lOR

BUREAU OF RECLAMATION

YUtlA PROJECTRESERVATION DIVISION

SUPPLHlENTAL CONTRACT HITH BARO WATER DISTRICT FOR THEPERFORMANCE OF OPERATION AND MAINTENANCE ACTIVITIES

Title Page

Preamble e.a ••••••••• • 1Explanatory Recitals •.••..•••.••••.•.•••••. 1COfttract Purpose .•••.•.•..•••••••••••.••••• 2Operation and Maintenance of the

Indi an Un it ~Iorks ........••..••••••.••••. 2Review of Indian Unit Works for

Detennining Adequacy of Operation and~tai'ntenance .•••••••••••.•••.•.•••••••.••• 5

Liability... 5. Tem 6

Signatures ........•.....•......•.•••....... 6

It

B.C. t.f'V.

B.C. Rp.v.B. C. Rpv.B. C. Rev.

11-l1g-~;?

12 -14 -:~2

12-22-i~2

1-03-63

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Contract No. 3-07-30-\\0031

UNITED SH-TESDEP/~!~HIEr:r OF Tf!E HlTERIOR

BUREAU OF RECLM·l/\T ION

YU~1A PRO..1ECTRESERVATION DIVISION

SUPPLEMENTAL CONTRACT WITH BARD WATER DISTRICT FOR THEPERFORHANCE OF OPERATION AND r·1AINTENANCE ACTIVITIES

represented by the officer executing this agreement, herein referred to as

"Contracti ng Offi cer, II and the. BARD WATER DISTRICT, a water di s tri ct

created, organized, and existing under and by virtue. of the laws of the

State of California, \'/ith its principal place of business in Winterhaven,

California, herein referred to ~s "Ccntractor."

WITNESSETH:

Explanatory Recitals

2. WHEREAS, the Unitpd States has constructed certain irrigation

\.JOrks in the Statr> of California known as and de5ignatp.d the Rl':servation

Division of the Yuma Proj~ct, comprised of the Bard and Indian Units; and

WHEREAS, by contruct doted llarch 10, I9B1, the Contl'actor assur1,'d

the n~spons;bility for op('riJt~on lind mair:tpnJnce of tile Bard Unit \'Iorks; Jnd

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I'..WHEREAS, thp. United States is operating end maintaining the

Indian Unit works; and

~JHEREAS, Article 9 of the aforesaid contract provides for the

Contractor to operate and maintain the Indian Unit works on behalf of the

United States pursuant to an agreement to be negotiated between the parties;

NOW, THEREFORE, in consideration of the mutual convenants herein

contained, the parties hereto agree as follows:

Contract Purpose

3. This contract supplements the Harch 10, 1981, "Contract with Bard

Water District for the Transfer of Operation and ~Iaintenance of Project

Works. II Unless expressly modified or made inapplicable by this supplemental

contract, the provisions of the said contract shall remain in full force and

effect.

Operation and Mainten~nce of the Indian Unit Works

4. (a) Upon execution of this contract, the Contractor shall care

for, opp.ratp., and maintain the Indian Unit works on behalf of the

United States in full compliance with the terms of this contract, .and in

such manner that the works "Jill remain in good and efficient condition to

perform the carriage and distribution of "later as well and cffectiv~ly as on

the date of this contract. As soon as practicable after contract execution,

the Un i ted Sta tes sha 11 tlJ rn over to thf Contractor any uncxpcndp.d funds i Tl

its possession which havp. been advanced for operation and ffi~intenance of the

IndillTl Unit works.

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(b) On or before October 1 of each year, the Contractor shall

insufficient to pay the above-mentioned costs of operation and maintenance

shall be detenT1ined by the Contractor and shall be adjusted in the next

lI:ude a part hereof. Hodification of the cost allocatic.n critpria for

The proposal shall be in writing and shall include the estimated cost

OpPY"<ltion and nlJintenJnce of the joint works shall tH' as ilgn:£>d upon by th(~

Indian Unit ~l be allocated beb/een the Contrq.ctot"~the Unitpd States

as specifipd in Exhibit "A" which is attach~d h~reto and by this rpf0r~nc~

•bill for additional sums of money to cover the insufficiency, and the

United States shall pay said amounts within 60 days.

{c} Operation and maintenance costs for the Indian Unit joint

during such year, the Contractor shall submit to the Contracting Officer, a

works used to deliver water to the lands of the Contractor Jnd the

succeeding estimate. However, if in the opinion of the Contractor and the,

Contracting Officer the amounts advanced for any year are 1ikely to be

of said amount on or before December 31. with the remaining one-half to be

paid on or before June 30. Differences between actual and estimated costs

shall act expeditiously to revie\'i the proposal and cost estimate and shall

provide the Contractor with his approval or suggested modification in

writing. Following approval of the proposal and cost estimate by the

COfftracting. Officer. the United States shall pay to the Contractor one-half

----------.:--of the proposed operation and maintenance program. The Contracting Officer

submit to the Contracting Officp.r for approval a proposed oper~tiun .ir.d------- --~--

maintf'nance program for the Indian Unit ~/orks for the following calendar

year.

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(d) The Contractor shall make a proper accounting of all costs

relating to operation and maintenance of thp Indian Unit works. The

ContrJcting Officer shall have the right during office hours to examine and

make copies of the Contractor's books ar.d records relating to matters

covered by this contract.

(e) The Contractor shall promptly make any and all repairs to the

India~ Unit works being operated by it which are necessary for proper care~

operation, and maintenance in accordance with Article 4(a). In case of

negle.ct or failure of thecC""Ontractor to commence such repai rs or to submit

an acceptable plan for accomplishing the work within 30 days following

written notification, the Contracting Officer may cause the repairs to be

made, ~nd the cost thereof shall be paid by the Contractor or the

United States as determined to be appropriate by the Contracting Officer.

(f) In the event the Contractor is found to be operating the

Indian Unit works or any part thereof in violation of this contract, then at

the elp.ction of the Contracting Officp.r, -the United States may tak.e over. -.....,-----from the Cont~~!or !he necessarY_JLqyjpment then be~~"~d~_~the.. ------ .

Contractor so that ..tb~C.QI1!n&~J.n.9,_ .. QJf.ic,er.._..cAD._g!:e for, ope,·ate, and'k·., ._." ~.._ .. , .-. ..' .• --.' ~•• ~~._-. .• • . _ .........- .. - ........ -... ............._"".,...~.....,.,.>-~,._ ., ..........~ ...~ ." .•

maintain such works by giving written notice to the Contractor of such_" _. _.. ~_.__~., ..__ w~~._ . •_. ~

election and of the effective date thereof; Provide!!. That the effectivf'

ddtc shall not be less than 60 days from dat£' of the- notice. flo lctpr than

10 dilYS aftpr the effrctivf' date of the nctice the Contractol" shall turn

ov~r to tl)(: Ullit£'d States any uncxpcr:dcd fU'lds aavil/lel'd to the CC)/,tr,1Ctor

fer op"ratiCJf) and IIlJintf'nancp. of tht3 India/l Unit Harks. During th£' p(:riod

of c[:cratinn arid rItlinten.:ncr. by the Unitrd Stat!\<;. such op!~I'ativn and

m,dnLl'llufl((, slld!-l be \-:itho~/t cost to tht~ Contractor ~xupt fOl" rdtlT'n of any

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unf'xp~r.df'd United Stdtes advancf's as provided above. The oppration and

maintenance of the Indian Unit works may again be performed by thf'

Contractor when the Contracting Officer has determined that the situation

causing assumption of operation and maintenance by the United States has

been rectified. The Contracting Officer shall provide a written notice to

the Contractor of such retransfer of operation and maintenance activities

not less than 60 days in advance thereof.

Aeyjew Of IHeian Unit ~/orks for Detf'rminingAdP4uacyof Operation and t'lai nteriance

5. TfJe Contracting Officer with the Contractor may, from time to

time, make reviews of operation and maintenance of the Indian Unit works

with a view to assisting the Contractor in detennining the condition of the

facilities and the adequacy of the operation and maintenance program.

.Liability

6. (a) The Contractor shall hold the United States, its officers,

agents, and employees. harmless from every claim for damages to persons or

property, direct or indirect and of whatever nature arising from any• •

intent i ona 1 ha rm by or negl; gence of the Contractor, its off; cers, agents,

and employees occurring during the tenn of this agreement on, in, or about

the Indian Unit works.

(b) The Contractor may obtain liability insUrarlCp. to cover its

perfot"mance of duties under this contract. Such insurance I:lay be included

in thp cost of operation and n~aintenuncr provided for in JI.rticle 4, and

shall Le allocated between the Contractor and thE: IIn1t(!d Statr's as provided

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in Exhibit "A." After consulting with the Contracting Officer regarding the

By ~~,~~.-J,!Vj.LJL~~L'-!"l1.A.)ReglOna 1 Di rE'ctorLower Colorado PegionBureau of Rec1alnil t ion

DARD WATER DISTRICT

to be duly executed the date and year above written.

,:, i,

IN WITNESS WHEREOF, the parties hereto have caused this Contract

7. The term of this agreement shall be from the year and date first

Term-

No. 3-07-30-W0031

the party requesting cancellation.

thj! pol icy or pol icies as insured parties.

above-written until this contract is cancelled by either party; Prov;ded~

however ~ That cancellation wi 11 requi re 1 year's advance \'/ritten notice by

amount of 1iabil ity insurance coverage, the Contractor shall submit thp.

proposed amount of insurance coverage to the Contracting Officer for

approva 1. The amount of 1iabil ity insurance coverage shall be subject to

periodic review by the Contracting Officer. If such insurance cost is

included in the cost of operation and maintenance of the Indian Unit works~

the United States~ its officers~ agents~ and employees shall be included in

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Exhiuit A

RES[RVATJO~ nIVTSIO~

DISTRIBUTION OF OPERATIIl;i A."m P.AINTENANCE (O&M) COSTS

I. All OSH costs for the following laterals will be financed by theBard Water District. All farm turnouts (1'.0.) from Clny lateralservinE Bard lar-ds ~Iill also be financed by the Bard Water District.

Acoma LateralBannock LateralHoopa LateralHopi LateralKawia LateralMaricopa LateralVOtllOcilLateralModoc LateralHoqui La,t:eralMoqui No. 1 LateralMoqui No. 2 LateralMoqui No. 3 LateralMohave La~eral

Apache LateralApache No. I Lateral

Apache No. 2 LateralApache No. 3 LateralCocopah No. 1 LateralCocopah No. 2 LateralCocopah No. 3 LateralCo~opah No. 4 LateralCocopah No. 5 LateralYaqui LateralYaqui No. 1 Lat~ral

Yaqui No. 2 LateralYaqui No. 3 LateralZuni LateralZuni No. 1 LateralZuni No. 2 LateralPaiute No. 1 Lateral

.' ) II. All O&M costs for the following laterals will be financed by theUnited Stat~s. All farm T.6.~s from ;:tny lateral serving Indian landswill also be financed by the United States.

Pontiac LateralPequid LateralNavajo LateralNavajo No. 1 LateralPueblo LateralZuquad LateralWalapal L.ateralYpsilanti LateralCherokee LateralToronto LateralOttowa LateralConcow L:JteralSin LateralSac LateralUte Later.:!l

TonowandaLateralTenino LateralCree LateralTeton LateralCo~nche LateralYa~itna LateralYuki LateralTonto LateralSioux LateralSantee LateralSanp::l1l LaterCilNo NClDle 1.:1 ternlOSClr,C Lat(lr;,lSupai LateralMolley r.ntcral

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AclditiOlwlly, all cost ~harinj~ with Yuma County l~all'r USL'r~t AssocLltion allrite YUUla r:aln Canal will be f il!;]l1ccd by tilL' Uni.ted States. ~

III. All O&M costs for the following laterals will b~ shnred by the BardWater District and the United States. Those shared costs will includeclcaning. I,;ced contrul. rO.:ld 1T1l1intenance. repair of ditch bceaks • .1ndcommon structures tl13t arc identified below along with the applicablepercentage of cost sharing for each lateral which 15 based on theacreage served:

T.O.

Lateral

R.C. - CocopahCanals(Bard - 73%)(United

States - 27%)

Pap~go Lateral(aard - 51%)(United

States - 49%)

Paiute Lateral(Bard -91%)(United

States - 9%)

Cost-SharedStructures

T.O. from All-AmericanCanal

Acoma Check5-gates CheckSiphon at Well Market4-gates CheckSiphon at Flood RoadCotby CheckHoppe CheckFloQ(1CheckPiute CheckChristin CheckS,i;phon under Ross RoadSiphon under Haughtelin

RoadBeasley CheckSiphon under Arnold RoadWaco CheckBridge .between thristin

and Flood CheckBridge at Colby Road

T.O. from Cocopah Canal

T.O. from Cocopah Canal

BardStructures

All otherstructuresabove BaseLine Road

Siphon at SerialNo. 81

Check for SerialsNo. 76 and 81

Check for SerialsNo. 62 and 95

Check for SerialNo. 100

Check :md siphonunde'!" FisherRoad

Check for SerialNo. 34

Check and siphonun~cr rere~ Rond

CheCk. [or ScdalsNo. ?oS .:lnd III

C!u'ck nt Bose LineRoad

Indian UnitStructur... s

All otherstructuresbelow BaseLine Road

Siphon underBase Line Roadand allstructuresbelow Base L:f.neRoad

Siphon underBase Line Roadand allstructuresbelow R.:lse LineRoad

PilP.a L<ltcral(Bud - 37%)(United

S'ta~es -637.)

Cost-SharedStructurt>"

T.O. from Cocopah C~nal

BardStn)ctl\r,~~

Check for SerialNo. 82

Check for SerialNo. 30

Check at Base LineRoad

Indian UnitSt ruetu r.'s

Siphon underBase Line Roadand allstructuresbeloW' Base LineRoad

Waco Lateral T.O. from Cocopah Canal(Bard - 20%)(United

States - 80%)

Check for SerialNo. 32

Siphon underBase Line Roadand allstructuresbelow Base LineRoad

Tits:i.nk Lateral(Bard - 32%)(U~Hed

States - 68%)

5eG11nole(Bard - 11%)(United

States - 89%)

Wilson(Bard - 40%)(United

States - 60%)

YUla,a Stub(Bard - 76%)(United

States - 24%)

T.O. from All-AmericanCanal

T.O. from Yuma MainCanal

Bridg¢ below T.O. fromYuma Main Canal siphonat Highway 80

Check at Sioux LateralCheck and sipnon at

Serial No. 211

T.O. from Yaqui Lateral

Check at Seriallio,. 209

Check forSerialNo.17~G

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IV. Ditchridcr costs will be cost 5h.-n·cd with Rani W;-:}ter Di.st.rictfinancing 4S percent and the United States financing 52 percent.

V. All m~intC'n<lnce of Drain:; No. 2. ~ and 5 \lil1 be cost shnred .... ithR:lrd Watel" Dif.trlct fillilncing 481;~rcC'nt and thf~ United Statesf In.-mci of, 52 pc rccn to

VI. Equipment usc l"<ltcs ~:i J 1 he SUhl~ittcd annually to the Contr.lctingOfficer for "rrrnval.

VII. IHn'c:t Ch;lq~l'S will bl~ ldll(~d for per:;olHh.·l. ("qHfrl:J(~nt u~;c. m:ltcI:1<l1~;.

(Illd ~l!ppliL's fClr .,11 wOI"k dOlle 011 L.ul.:Jl1 l'nit 1(';lturc5 and jolnt-u';"f (~a t u r l' ~; \: i t It oJ II ;H!::l ill i :. l r;) t i vee() t; t 0 f 20 I' c· r c e n r ;ld d to ,I to ti, c J i It' C t

charges.

VIII. A monthly report will be provided to tile Contracting Officer by the10th of each Clonth showinr, expenditure:; for the! InJLn L'uit for tilepreccJillg month with a narrative of the work i1ccompli~hed.

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IX.

x. The liability insurance premium discussed In paragraph 6(b) of thecontract will be cost shared with Bard Water District financing60 percent and the United States financing 40 percent •

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