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Home My WebLink AboutResolution - 2020-R0192 - Street Use License, Air Force Civil Engineering CenterResolution No. 2020-RO192 Item No. 7.5 June 23, 2020 RESOLUTION 13E IT RESOLVE11) BYTHE CITY COUNCIL OF' HE, CITY OF LUBBOCK THAT the Mayor of- the City of Lubbock is hereby authorized and directed to execute for and on behalfol- the. City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit by and between the City of I.Llbbock and the Air l'orce Civil l'aigineering Center (AFCF.C). and all related doetlmCnts. Said License is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes ol�thc City Council. Passed by the City Couneil on .Lune 23. 2020 ❑AN1El. M. POPH, MAYOR ATTEST: 1 cb •ca Garza. City ScCr dry APPROVED AS ,ro CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: l�I an l ooke. Assistant City Attorney - - - ftes.St Use t.ic-Monitor Well Permit -A EC 6.420 Resolution No. 2020-RO192 STREET USE LICENSE AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This indenture made this 23rd day of June , 2020, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and the AIR FORCE CIVIL ENGINEERING CENTER, hereinafter called "PERMF TEE." W ITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated streets and/or alleys and/or City public grounds for a groundwater monitoring well, as described in Exhibit "A" attached hereto. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years. In any event unless either party shall give written notice of termination to the other party before the expiration of the original or any subsequent five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this permit with or without cause upon thirty (30) days prior written notice to the PERMITTED Said notice shall be deemed properly serviced if' deposited in the post oflice, postage paid, addressed to PERMITTEE at the last known address of PF.RMTFTEE. Upon expiration or cancellation and revocation of this permit by the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are permitted under this permit shall be removed by the PERMITTEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event PERMI'I'I IT Ltils or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CIT Y 01: LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against PERMITTEE for which PERMITTEE shall be liable. I. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, for the first live (5) year non-refundable term of this permit, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LU 1113OC K. If such rate is not changed by the CITY OF LUBBOCK. the rate for the preceding live (5) year term shall apply. The CITY OF LUBBOCK shall notify the PERM] ITEE: of any change in rates in writing before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The PERMITI'EF agrees to pay all costs arising out of the exercise of this permit herein granted including, but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this permit. PERMITTEE, must utilize all necessary construction barricades, warning signs and traffic control devices, in accordance with the Texas Manual on Uniform Traffic Control Devices (1'.M.U.T.C.D.), when drilling the monitor well, inspecting the monitor well or testing of water samples and removal of the monitor well. All drilling fluids and cuttings are to be emptied at Texas Water Commission approved sites and not be emptied onto City streets, alleys, or City owned property. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK, or franchised utility, the PI'.RMITTEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for PERMITTEE'S use herein. All work is to be done in compliance with local, State and Federal laws and regulations. 4. This permit is not transferable by the PERMITTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This permit is made subject to the condition that should the PERMITTEE exercise any right under the permit herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said PERMITTEE, its successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this permit or the construction or maintenance and use permitted herein. Permittee is responsible and liable for any and all contamination done to the water table if such occurs during the drilling, monitoring or filling of the well. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by the PERMITTEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to Famish, without expense to the CITY OF LUBBOCK. a reliable surety bond, in any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CFI OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to the PERMITTEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the PERMIT' l EF. a reasonable opportunity to settle or adjust the same. S'HUIE /ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERM I 6. If the street or alley area is ever widened and the well is found to be located in the portion to be widened and must be relocated, Perminee must fill the old well and drill a new well at Permittee's sole expense. This new well, if required by the Texas Water Commission, could be located on City owned property and permittee will be reasonable for additional licensing costs. 7. After completion, the well shall be permanently filled and capped to the requirements of the City, the Underground Water Conservation District, the TCEQ or other applicable specifications. In general, the finished surface shall be left in a condition at least as good as that which existed prior to the drilling operations. 8. PFRMITTEE agrees and is required to furnish a policy of public liability and property damage insurance within limits as follows: Commercial General Liability Insurance Amount — Bodily Injury $500.000 each occurrence Property Damage $100,000 each occurrence and OR Commercial General Liability Insurance Amount $600,000 combined single Limit each occurrence and in the aggregate Solely at Permittee's expense, Permittec shall do one of the following things: (1) Permittee may furnish a separate insurance policy showing the City of Lubbock as named insured; or (2) Perniltee may furnish an insurance certificate showing the City of Lubbock as an additional named insured by endorsement on Permittee's insurance policy. 9. All of the covenants and provisions of this permit shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the PE.RMI'fT E. its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 10. PERMIT I'L:E, by its acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession arc intended or implied except those expressly set forth herein, and PERMITTEE waives any and all claims in and to the public S-I'RUE I'/AI.LCYAND/ORCITY PUBLIC GROUNDS MONITOR WELL PGRMI'I way PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. I I. The CITY OF LUBBOCK reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. Written notices required hereunder shall be mailed to the City of Lubbock, addressed to the City Manager, P.O. Box 2000, Lubbock, Texas 79457. Written notices required hereunder should be mailed to the PERMITTEE, Air Force Civil Engineering Center, 2261 Hughes Avenue, Suite 155, JBSA Lackland, Texas 78236-9853. AGREED TO AND ACCEPTED this 23rd bey of .tune 2020 CITY OF LUBBOCK Daniel M. Popc,IMayor ATTEST: 41 -Re ca Bma, City Secre t PERMITTEE: Air Force Civil Engineering Center BY: PRINT: PK3k. Cft2¢ot_1-- TITLE: 69,au. NIP4A/ rRt STEEP/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Ryql6eefAhistant City Attorney Licenses.5trect Use -Monitor Well Permit-AFCEC 6.4.20 S I'REEPA .LEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Daniel M. Pope, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z3 day of J V..Yy.G. [U[Q JIMMY D. MAYNARD N u is in4anditate of Texas NOWY NaarP w' Ana My CaanmmF�129404s My Commission Expires: /2"2q-2oZ3 THE STATE OF TEXAS COUNTY OFF BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared 1!a G,L �le i known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and as act and deed of aforesaid PERMMEE. qp,J�� GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ut day of_ "�*` ° ••.• Notary Publi in and for the State of Texas �f/' F; Noteiy Public. State el Texas 9�#:�,'^c Cumm. Expires O➢-l000r4 •Oo;;a,��°� Nolery ID 7Y601 B316 My Commission Expires:arlZZ S REE (ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT fk :. I `..y\�� l3 1 Y J 1 1 1 1cN �_+ 0 n L 1 ,` 1� .� EXHIBIT s Location of Proposed Monitor Wells REEPMWO42 REEPMWO47 ;4 9u\.tl ••. Feel 0 5001,000 2.000 3,000 4.000 urtprtl gcgpnrSy CengYlMohwu65 e1me Gm+Mtcew YSRWGeb, nb,mrlia WRaxs l,l, Vl .a.evenmre wwMrmwre, mwxnb,wngr4wyee:y w m+ryvp Mnms.ea«s ew+m.xwr. Lubbock wiywnamwl wl.grewm WreegMAeN Nmi+�Wewl,ere M1llwbies- ��•• Information of Propperties Abutting Proposed Use of Public ROW AECOM - June 2020 - Mob.1 Proposed Adjacent Adjacent Adjacent Adjacent Adjacent Adjacent Property MW No. Property Property Property Property Owner Property Owner Owner Web Link Owner CAD Owner Owner Name/ Legal Account Property Adress Address Description 40 R313513 Not Listed ALCOVE BLK D6 SEC 1 AB AC38001-90253- https://lubbockca FARMS LLC 25352273.05' 50775-000 cLorg/Property- Mailing OF TRS 122A 2B Detail/PropertyQui Address: 6305 2C&2DOF ckReflD/R313513/ 82ND ST NW/4 AC: PartyQuickReflD/0 LUBBOCK, TX 80.831 0277058 79424 41 R309058 881810TH FULLEN WILLOW BEND L R943820-00000- https://lubbockca PL, EDWARD& 238 02380-000 cLorg/Property- LUBBOCK, JENNIFER Detail/PropertyQui TX 79416 BEDFORD ckReflD/R3090581 Mailing PartyQuickReflD/O Address: 8818 0316333 LOTH Pl. LUBBOCK, TX 79416 42 R310690 KELSEY CACTUS WILLOW BEND R943820-00040- https://lubbockca AVE, POINTE LTD TR D 00000-000 d.org/Property- LUBBOCK, Mailing Detail/PropertyQui TX 79416 Address: 7170 ckReflD/R310690/ WESTWIND PartyQuickRefID/O DR #STE 101 0014090 EL PASO, TX 79912 43 R57494 2012 MONTOYA, ENERGY CIRCLE L R237600-00000- https://lubbocku INLERAVE, RICHARD ELOY 15 00150-ODO cLorg/Property- LUBBOCK, Mailing Detail/PropertyQui TX 79407 Address: 2016 ckReflD/R57494/P INLER AVE artyQulckReflD/00 LUBBOCK, TX 067069 79407-3908 44 R318706 860434TH PORTILLO BLKAKSEC41 AC12041-90185- https://lubbocku ST, JOSE A & AB 185 TR 16A 81100-OW d.org/Property- LUBBOCK, LORENA ACS: 1.111 Detail/PropertyQui TX 79407 Mailing ckReflD/R318706/ Address: 8604 PartyQuickReflD/O 34TH ST 0317882 LUBBOCK, TX 79407 Information of Propperties Abutting Proposed Use of Public ROW AECOM -June 2020- Mob.1 46 LUBBOCK RICHARDSON BLK D6 SEC 6 AB AC38006-90880- https://lubbockca 79407 WANDA 880 TR XAC: 60000-000 d.org/Property- JUDITH 58.05 Detail/PropertyQui KIRKSEY ckReflD/R27920/P Mailing artyQuickReflD/00 R27920 Address: 3209 247094 KELSEY AVE LUBBOCK, TX 79407 47 R102808 2610 SHAW BLK D6 SEC 5 AB AC38005-90107- https://lubbockca RESEARCH DOROTHY 107 E660'TR 12A 11001-OW d.org/Property- BLVD, FAYE &E660'OF TR Detail/PropertyQul LUBBOCK, WOMACK 12A3 AC: 21.96 ckRefID/R102808/ TX 79407 Mailing PartyQulckReflD/O Address: PO 010408 BOX 6567 LUBBOCK, TX 79493-6567 DEPARTMENT OF THE AIR FORCE AIR FORCE CIVIL ER ENGINEGENDER JOINT SASESAC ANrEN ERNDTEXAS I May 2020 AFCEC/CiBE 2261 Hughes Avenue Suite 155 JBSA Lackland, Texas 78236-9853 City of Lubbock Engineering Department do Right of Way Agent Ms. Belen Gomez City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 SUBJECT: Request for Right of Way Application and Usage Fees to be Waived for Federal Government Entity To whom it may concem: The Air Force is conducting an environmental investigation in the vicinity of the former Reese Air Force Base (AFB) west of Lubbock. Part of this investigation is the installation of groundwater monitoring wells for collection of water samples. Several of the desired well locations are along public highway rights -of way (ROWS) within the City of Lubbock. The Air Force is submitting the documents necessary to obtain permission to drill monitoring wells in the ROWs. The Air Foree's contractor AECOM from Austin, TX is assisting with the documents. We understand the City charges application and possibly other fees for the use of the ROW. The Air Force is providing this letter to request that these fees be waived for a U.S. Government entity. Please feel free to contact me at (806) 8855010 or paul.cilgoll.I rus.af mil to discuss this project. The well installation work is currently scheduled to begin on June 24, 2020. Sincerely, n giiOLL, GS-13 BRAC Environmental Coordinator Former Reese AFB cc: Ms. Elspeth Sharp — AECOM Mr. Drew Corson — AECOM Ms. Moira Lyons — AECOM