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HomeMy WebLinkAboutResolution - 2023-R0254 - Street Use License Agreement with U.S. Geological Survey, ROW in Section 18, Block AResolution No. 2023-RO254 Item No. 5.16 May 23, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License Agreement for the Right -of -Way located on Erskine Street by and between the City of Lubbock and U.S Geological Survey, Oklahoma -Texas Water Science Center, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 23, 2023 ATTEST: J Courtney Paz, City Se ary APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: RES.Street Use License Agreement -US Geological Survey- Erskine 4.28.23 Resolution No. 2023-RO254 STREET USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This License made this V day of . 2023, being the date of this Agreement between the CITY OF LUBBOCK,' TEXAS, a Home Rule Municipal Corporation, and U.S GEOLOGICAL SURVEY, OKLAHOMA-TEXAS WATER SCIENCE CENTER, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and License to use a portion of a dedicated street for a U.S. Geological Survey stormwater monitoring gage on the Northwest Stormwater system, and being more particularly described as follows: Edwards & Reed Section 18, Block A more particularly, that Right -of Way Easement 0052096, Map Document Number 0052096, File Record Info 2017008675. Said portion of right-of-way being further described in the attached Exhibit "A". The term of this License shall be for ten (10) years from date hereof, and shall be automatically extended for a successive ten (10) year term 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 first ten (10) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this License, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 8802 Urbana Avenue, Lubbock, TX 79424, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this License by the CITY OF LUBBOCK, or the abandonment of this License by the LICENSEE, the improvements that are permitted under this License shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. Because LICENSEE is a governmental entity and provides a public benefit to the citizens of the City of Lubbock, LICENSEE is granted this license at no cost. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the ten (10) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding ten (10) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this License herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance, or other material, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the License. 3. In the event the CITY OF LUBBOCK determines that the License herein granted 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, LICENSEE 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 LICENSEE'S use herein. 4. This License is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This License is made subject to the condition that should the LICENSEE exercise any right under this License 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 LICENSEE, its successors and assigns, will at all time 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 and suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this License or the construction or maintenance use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE 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 furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance within limits specified by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. General Liability Insurance. Owner shall maintain general liability insurance with a combined single limit of a minimum of $100,000 per occurrence and such insurance shall include the following: ■ Bodily Injury and Property Damage ■ Broad Form Contractual Liability 2 Owner shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. Such Certificate of Insurance shall name the City of Lubbock as an additional insured and must include wording which states that the policy shall be primary with respect to any insurance carried by City of Lubbock and be endorsed to include a waiver of subrogation in favor of the City of Lubbock. 7. All of the covenants and provisions of this License 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 LICENSEE, its successors or 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). 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. No interest for real property is conveyed or granted by this License. 9. 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. 3 AGREED TO AND ACCEPTED this 13 day of M a CITY OF LUBBOCK: ATTEST: kv-�t/—Vfv Courtney Paz, itity Sec tart' APPROVED AS TO CONTENT: 2023. U.S GEOLOGICAL SURVEY, OKLAHOMA- TEXAS WATER SCIENCE CENTER: By: Printed Name: C-Tgk Title: ervc oa N .Z rct�t✓r�?%o►'�t Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Amy L ' s, Deputy rty Attorney 4 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Tray Payne, Mayor of the City of Lubbock, 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 in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1?3roi _ day of , 2023. CEO CARINA REYES Notary Public, State of Texas Notary ID# 13331645-5 My Commission Expires 09-07-2025 THE STATE OF TEXAS § COUNTY OF L.A L a c K Notary Public in and for'the State of Texas My Commission Expires: 09-07- =5 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared 6 a 9 , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as an act and deed of said U.S Geological Survey, Oklahoma -Texas Water Science Center. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18 day of % a 72023. F�&Notary.11) BAYLI HAWKINS' #131165629 y commission Expires June 8, 2025 Street Use Lic-US Geological Survey- Erskine Ave 4.19.23 T > - L Notary Public in and for the State of Texas My Commission Expires: 6 - $ � aS 5 N LERNSKINE ST Proposed Street & Alley Use License Located off Erskine St. Within the Southeast corner of Section A Block 18 �� �� �� r� �� �� �� �� �. �r � �� � � �� .fir• �� • Proposed Street Use Ucense AL 2 sq ft ERSKINE ST 11 0 50 100 ibu Feet As required by Chat- • 2051, G z epstial Data Products of the Goverment Code, this product Is for irdormational purposes and may not have been prepared for or be sultable for legal, engineering, or sunreying purposes. It does not represent an on t "round survey and represents only the approximate relative location of property boundarlo0. i Lubbock nus Digital Orthophotography - May 2021 UGS science fora changing world U.S. Geological Survey's City of Lubbock, TX Northwest Stormwater Drainage System Gage Installation Plan at Erskine St. C 9L5 @ 3720 S 3275 a M1a ME 3300 9 2r 9193 g 3790 k 3186 �A 3100 � 9170 February 14, 2023 5 W- W a: I � • al RECORD DRAW4NGS All f Ci ty of - &L bb k ,aaoxsc�va� HIN ow B3101 lhAO o u c 315 CITY LUBBOCK NORTHH WESTESTLUBBOCKLU 32i0 DRAINAGE IMPROVEMENTS PHASE 1 3310 teao �K�G 3155 - ' STORM SEWERL PLAN & PROFILE SHEET LINE E STA. 75+00 - STA. 85+00 SHEET P-08 - 9130 _ -- 3175 am illwWSGS scieuca fora changing world Objective: Install a U.S. Geological Survey stream gage that collects stormwater pipe drain- age stage (gage -height) and flow (discharge) information on the City of Lubbock's Northwest stormwater drainage system. Primary Purpose: Compute and report total flow through the Northwest stormwater drain- age system prior to outfall at the North Fork of the Double Mountain Fork of the Brazos River. This data is needed for the City of Lubbock for water reports to the state of Texas and for wa- ter planning purposes. Indirect Benefits: Real-time and historical data will be publicly available for various stake holder benefits. Real-time flow and stage data will allow the city to make stormwater opera- tion decisions based on real-time USGS gage data. Proposed Location: At the City of Lubbock stormwater vault located off westbound Er- skine St., in between N Knoxville Ave. and N Memphis Ave. Timeline: Gage installation will be completed by September 30, 2023. USGS operations and maintenance will continue as long as a cooperative joint funding program with the City of Lub- bock is supported. USGS Operations and Maintenance Routine: The USGS will visit the gage at least 4 times a year for routine service and maintenance. Multiple additional visits will be made to collect discharge measurements and confirm sensor readings during rain runoff events. City of Lubbock Requirements: Will need approval from the city to install gage infrastruc- ture in the stormwater vault off Erskine St. All sensor lines will be routed through access ports in the vault, down to the bottom of the stormwater system and at the manhole access port. Installation and operations and maintenance (0&M) will need unrestricted access to the vault at all visits. Installation and many O&M visits will require access to the manhole entry point that is located in the turn lane on Erskine directly adjacent to the vault. There is no need for any vehicle to turn at the manhole cover, because there are no driveways at the manhole. USGS does request coordinated traffic control from the City of Lubbock when access to the manhole cover is needed. The needed traffic control here is a little beyond traffic control measures at the USGS Lubbock data section. The installation will not impact the Erskine St road surface in any manner. UGS scieuca fora changing world Gage Installation Plan: Gage Location: o ,�, r ,• . Gage will be located inside the stormwater vault off Erskine St (File Record Number A 0 L •1^ ,y °v� aeaao `ab I 2016022572 Map Document ° J °�`°O9eE89Bme°a° 0166021, Underground Storm- Mep Dacumem 0166021 �y Number AL B.. Mep N— SWE water line Easement). Fla Record l f. 2016022572 01her lMa ! �j, • ~ r: �'-_ad'-d date 9=2016 mbar _ Underground St,,- r- __.. _____________ .________________ Esse .1 Water Lre e -e uEes-: i Dr ine Drainage Eesere : Ea— .2 _— r ��� —a ,♦>t f'rireEesemerlt No T ­� , Nu . Gage Description: A USGS cabinet style gage house utility box approxi- mately (12" D x 24" W x36" H) will hold a data collection platform (DCP) that is interfaced to sensors. Sensor cables will exit the gage house and enter the storm drain ex- isting access ports in the vault. Sen- sor lines will terminate at the bottom of the storm pipe and within the manhole port. Conduit and/ or sensor lines will be attached by 3/8" 00# or smaller anchor bolts. The gage �q•• p�y,� : r box will be mounted to the vault wall with concrete anchor bolts. A nitrogen tank will be chained to the vault wall near the cabinet gage - house and fastened with a safety chain. Proposed Location Photos: Gage Installation Plan: illwWSGS scieuca fora changing world Photo shows the proposed vault location on Erskine, in- between N Knoxville Ave and N Memphis Ave. The USGS gage will be inside the vault. Sensor lines will terminate to the bottom of the culvert sys- J tem through existing ports in the vault. The road surface at _ Erskine will not be disturbed at this installation. Closeup of vault doors. The USGS will need unrestricted access to this vault to operate the USGS gage. Adjacent manhole to gaged vault. The USGS requests City of Lubbock traffic con- trol when installing the gage and accessing the manhole during O&M op- erations. The USGS will give advance notice on these requests. Manhole is in an unused turn lane. Gage Installation Plan: Example Equipment Photos: �a _ r C a � USGS cabinet style gage box located at USGS 07311782. Proposed box dimensions will be (12"D x 24"W x 36"H). The gage house utility box will be mounted to a vault wall with anchor bolts. MUSGS smeaee fora changirig world The USGS equipment will be powered via 120V AC power inside the vault (if equipped). The gage house will hold the data collection platform (DCP) which will transmit data to the internet via GOES satellite telemetry. The gage house will also hold a non -submersible pressure transducer sensor which will be in contact with the stormwater sys- tem via 3/8" plastic orifice tubing in the connect- ed conduit. The conduit will convey numerous 3/8" plastic orifice lines as well as data line for a non -contact velocity sensor, which will be in- stalled within the drainage pipe system, near the manhole entry point. The GOES and GPS antenna will be mounted on a pole outside the vault. Gage Installation Plan: Example Equipment Photos: I - FJJG'� ---------------------- . 'q � ZUSGS smeaee fora changirig world _0 Examples of equipment for a Conoflow non -submersible pressure transducer system. A nitrogen tank will be located in the gage house and connected to a regulator and gas feed system. A pressure transducer sensor will be connected to the gas feed and will read the pressure of the head of water at the termination of the 3/8" orifice tubing. Multiple 3/8" orifice tubing runs will exit the gage house and be mounted at the bottom of the drainage pipe system. The 3/8" tubing will be secured inside the Northwest Drainage system pipeline with 3/8" or smaller anchor bolts. OMO �Q �I r. Example of a Data Collection Platform (DCP). The DCP will be located in the gage house. All sensor data will be col- lected, stored, and transmitted via GOES telemetry at the DCP. Example of a velocity meter that is planned to be installed inside the Northwest Drainage System pipe- line in the vicinity of the manhole entry point at the gage.