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HomeMy WebLinkAboutResolution - 2023-R0253 - Street Use License Agreement with U.S. Geological Survey, ROW in Block 3, Lot 1Resolution No. 2023-RO253 Item No. 5.15 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 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 APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Amy L. Si ity 60JR4 RES.Street Use License Agreement -US Geological Survey 4.19.23 Resolution No. 2023-RO253 STREET USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This License made this i I day of 140-Y , 2023, being the date of this Agreement between the CITY OF LUBBO K, 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 South -Central Stormwater system, and being more particularly described as follows: Block 3, Lot 1 to the CLUTTER 1 ST Addition to the City of Lubbock, Lubbock County, Texas, particularly the Plat Dedicated ROW, Plat Number 457, at the South abutment of ROW 457, adjacent to the manhole cover at 47th St, near the intersection of Southeast Drive. 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 23rd day of May , 2023. CITY OF LUBBOCK: TRAY P6ffNE, MAYOR ATTEST: . kt5t�2 y . Courtney Paz, City S cretary APPROVED AS TO CONTENT: U.S GEOLOGICAL SURVEY, OKLAHOMA- TEXAS WATER SCIENCE CENTER: By: Printed Name: Title: SDI IJGI ✓� ..►,�A�e : L Ti c G��n •2.�� Z4-40-�� - Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Amy . ims, Deputy City Attorney Gd 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. r01 GIVEN UNDER MY HAND AND SEAL OF OFFICE this of 72023. Notary Public in and for th State of Texas My Commission Expires: 41- 67-2016 CARINA REYES Notary Public, State of Texas Notary ID# 13331645.5 E* My Commission Expires 09-07-2025 THE STATE OF TEXAS § COUNTY OF � 1hffi( L § day BEFORE ME, the undersigned authority a Notary Public in and for said County and State, on this day personally appeared 1' , known to me to be the person whose name is subscribed to the foregoing inkn ment 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 _ L� day ,��►►,rim. 0 DIANE CONDRON Notary Pudic, Sods of Texas Notary ID# 132 IMR My Elves *12.VA Notary Pub is in and for the State f Texas My Commission Expires: Street Use Lic-US Geological Survey 5 I WIN P Proposed Street and Alley Use License Located at the Intersection of E 47th Street and Southeast Drive Proposed Street Alley Use License t To include: ' .p Manhole Line 9 Gage Utility Box R •i' L 1 E 47TH ST GJ► y 0 250 500 1,000 111111111 Feet As required by Chapmr 2051, Oeospatial Dols Products of the Oove-- M Cods, this product is for ImWmationai purposes and may not have been prepared for or be suitable for legal, engineering, or surveybig purposes. It does not represent an on4"mund survey sad represents only the app^allmato relative location of property boundsr:-s. S Manhole Sensor Cables Gage Utility Box Cityof Lubbck 11tat Digital Orthophotography - 2022 14 UGS scieuca fora changing world U.S. Geological Survey's City of Lubbock, TX S. Central Stormwater Drainage System Gage Installation Plan at 47th St. February 14, 2023 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 South - Central stormwater drainage system. Primary Purpose: Compute and report total flow through the South -Central stormwater drainage 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 water 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 run stormwater operations based on real-time USGS gage data. Proposed Location: Just West of Southeast Drive, at 47th St. Gage will be located in a look - in style gage house utility box at the southern perimeter of the 47th St. right of way, about 12 ft South of the 47th Street roadway. The look -in style gage utility box will be adjacent to the manhole located near the stop sign near 47th at Southeast Dr. 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 and oper- ate on the City of Lubbock's 47th St right of way. The installation will involve cutting about 10 ft of pavement on 47th St on the installation and trenching about 12 ft of line on the South 47th Street shoulder. Operations and maintenance (O&M) will require leaving a gage utility box on the South edge of the right of way with the approximate dimensions of (24"D X 36"W X 60 "H) and closing the 47th Street intersection at Southeast Drive when access to the storm - water system is required (approximately 10 times a year). Installation and O&M will not im- pact Southeast Dr. other than occasionally cutting off access to 47th St. The USGS has the ca- pability to provide our own traffic control for this proposed traffic control plan. Will need the City to repave road when trenching completed. Gage Installation Plan: Gage Location: illwWSGS scieuca fora changing world Gage will be located at the South edge of the right of way at 47th St, near Southeast Drive Gage Description: A USGS Look -in style gage house utility box approximately (24" D x 36" W x60" H) will hold a data collection platform (DCP) that is interfaced to sensors. Sensor cables will exit the gage house through trenched conduit and enter the storm drain under the manhole cover. Holes no larger than 3 inches will be cut into the structure under the manhole cover for sensor conduit. Sensor conduit/lines will terminate at the bottom of the storm pipe and within the manhole port. Conduit will be attached by 3/8" or smaller anchor bolts. The gage box will be placed on a small metal platform that is flush with the ground and has legs con- creted in at the 4 corners. Proposed Location Photos: UGS scieuca fora changing world Gage Installation Plan: Manhole at the proposed location A the S.-Central Stormwater Drain- ige System Gage. Photo is looking Nest on 47th St. Southeast Dr. is be- iind the perspective of the photo. k City of Lubbock stormwater vault s located about 1600 ft West on 17th St, near Vanda St (upstream). Looking East on 47th St. USGS per- sonnel behind service pole (at right) represents the approximate location of the USGS gage box (24"D X 36"W X 60 "H). Sensor lines will be trenched from the gage lo- cation to an access hole cut under the manhole cover. Aerial photo of 47th and Southeast Dr. The red box indicates the ap- proximate area of the roadway that will be closed for installation and occasional operation and maintenance activity. Access to pri- vate property will not be closed off. Only the 47th St. / Southeast Dr. ingress/egress access will be closed. The USGS will be able to take care of this temporary traffic control during operations and maintenance. Gage Installation Plan: Example Equipment Photos: USGS Look -in style gage box located at 08079510 N Fork DMF Brazos River at Loop 298 near Lubbock, TX. Photo shows the style of box used on most installations. Pro- posed box dimensions will be (24"D x 36"W x 60"H). The gage house utility box will be mounted to a small metal platform. Platform legs will be set 3 ft in concrete. MUSGS smeaee fora changirig world The USGS equipment will be powered via solar panel and 12V battery. 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 system via 3/8" plastic orifice tubing in the connected con- duit. The conduit will convey numerous 3/8" plas- tic orifice lines as well as data line for a non - contact velocity sensor, which will be installed within the drainage pipe system, near the man- hole entry point. 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 S. Central Drain- age system pipeline with 3/8" or smaller anchor bolts. I pm0 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 S. Central Drainage System pipe- line in the vicinity of the manhole entry point at the gage.