HomeMy WebLinkAbout20184152.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR WATER QUALITY MONITORING STATION
(83RD AVENUE BRIDGE) AND AUTHORIZE CHAIR PRO-TEM TO SIGN -
UNIVERSITY OF NORTHERN COLORADO
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a License Agreement for Water Quality
Monitoring Station (83rd Avenue Bridge) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and the University of Northern Colorado, commencing upon full execution of
signatures, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the License Agreement for the Water Quality Monitoring Station (83rd
Avenue Bridge) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and the
University of Northern Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datif44) G1 o.4); r�
Weld County Clerk to the Board
BY: ( ''Ce'l
Deputy CI rV to the Board
APP
ty orney
Date of signature: Z -I2 - V
Mike Freeman
EXCUSED
Steve Moreno, Chair
,ll , .4
arbara Kirkmeyer, P o-Tem
EXCUSED
Sean P. ' nway
A. Coza
TRA1.3..
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2018-4152
EG0075
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: License Agreement for Slreen gage in County ROW
DEPARTMENT: Public Works DATE: December 10.2018
PERSON REQUESTING: Clay Kimmi. P.E,
Brief description of the problem/issue: The University of Northern Colorado (UNC) Department of Earth and Atmospheric Sciences
has requested a license agreement to place a streamgage in the County's ROW along 83r° Avenue south of O Street. The streamgage
would be located on the south side of the bridge over the Poudre River. It would be located behind the guardrail and would be attached
to the southwest abutment wingwalt.
The streamgage will be used by UNC and the Poudre Learning Center to teach students about water quality and streamflow. Access to
the site for maintenance activities will be from the Poudre Learning Center property.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
1. Sign the non-exclusive license agreement allowing the placement of the streamgage on the SW bridge abutment. The County has
similar license agreements in place with the USGS and with the State of Colorado Division of Water Resources.
2. Do not sign the license agreement and the UNC will not be able to install the streamgage in the County's ROW.
Recommmndation:
Authorize Public Works to place the contract renewals on the BOCC agenda for approval.
Aaorove
Recommendation
Sean P. Conway
Julie Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Schedule
Work Session
M:\CTay\Eesements183rd Ave Gage183rd Ave License Agreement Pass Around.docx
Other/Comments;
2018-4152
MEMORANDUM
TO: Esther Gesick, CTB DATE: December 14, 2018
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: License Agreement for Streamgage Installation on
83rd Ave Bridge by University of Northern Colorado.
Please place the attached contract renewal on the BOCC Agenda. Please return a copy of the
agreement to me so I can forward to the contractor.
The item is a non-exclusive license agreement between Weld County and the University of Northern
Colorado. The agreement is for a streamgage installation on the southwest wingwall of the Poudre River
Bridge at 83rd Ave.
The BOCC has been provided a pass around. They approved the pass around on December 13, 2018.
A copy of their approval has been included with this packet.
Frank Haug from the County Attorney's office reviewed the agreement prior to it being sent to the BOCC
for review.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
Page I of 1
M:\Clay\License Agreement Memo to CTB.docx
LICENSE AGREEMENT
WATER QUALITY MONITORING STATION $3rd AVE BRIDGE
THIS LICENSE AGREEMENT, made and entered into this �`� day of , , 2018, by and
between the Board of County Commissioners of Weld County, Colorado, (hereinafter "Licensor"), whose address
is 1150 "O" Street, Greeley, Colorado 80631, and the Board of Trustees for the University of Northern Colorado,
(hereinafter "Licensee"), with a mailing address of 501 20th Street, Campus Box 54, Greeley, CO 80639
WITNESSETH:
WHEREAS, Licensor has built and maintains Weld County Road 27.0 and Bridge 27-62.1B, over the Cache
La Poudre, which together are a part of Licensor's public right-of-way system, as more particularly described on
Exhibit A which is attached to this License Agreement and incorporated herein by reference, (together the relevant
segment of right-of-way and bridge are hereinafter referred to as the "Property"), and
WHEREAS, pursuant to Colorado Revised Statutes, (hereinafter referred to as "C.R. S"), §30-35-01(14),
Licensor has the authority to construct and maintain roads, bridges, viaducts, and tunnels and to regulate the use
thereof, and
WHEREAS, funds have been provided by a third party to allow Licensee to purchase and install a gaging
station, also known as and hereinafter referred to as a "streamgage", which is designed to measure streamflow and
water quality, and
WHEREAS, measurements and other data obtained from the streamgage are collected by Licensee, and
Licensor will therefore benefit from the installation of this streamgage by having access to that information upon
request, and
WHEREAS, Licensee desires to utilize Licensor's Property in order to install a streamgage for the purpose
of streamflow measuring and water quality sampling in the Cache La Poudre River, and
WHEREAS, Licensor desires cooperate with Licensee and to grant licensee a nonexclusive, revocable
license, (hereinafter referred to as the "License"), to allow Licensee to install said gaging station,
NOW, THEREFORE, in consideration of the covenants and conditions contained herein, Licensor hereby
grants to Licensee a nonexclusive, revocable license to construct, operate maintain, and repair a gaging station
which will be installed within Licensor's Property, subject to the following terms and conditions:
1.Term of Agreement; The term of this Agreement shall be generally considered to be perpetual for as
long as the equipment remains in use. However, both parties shall have the right to terminate this Agreement sixty
(60) days after the delivery of a 'Notice to Terminate' which has been served upon the parties at the addresses
described in paragraph 6K below. In the event the equipment is not used for a period of one year, this Agreement
shall expire. Upon expiration, the equipment shall be removed and the site returned to its original condition.
2.4.icensor's Limited Interest in Bridge: Licensor's interest in its right-of-way is limited to a public property
interest and Licensor does not warrant title to the Property by the issuance of this License, Licensee is responsible
for the determination of the ownership of the Property if it desires to do so. Therefore, Licensee must obtain from
others who may have a proprietary interest in the Property, such authority or rights as Licensee may need, (in
addition to this License), for Licensee's use of the Property.
3.Streamgage; For the purpose of this agreement, "streamgage" includes the water quality sensor, solar
panel, and enclosure to be installed on the southwest wing wall of Licensor's bridge used in the operation and
maintenance of the monitoring site, all as depicted on Exhibits B, which is attached to this Agreement and made a
part hereof by this reference. Any additional equipment that is to be added to the station in the future shall obtain
a separate license agreement No equipment shall be mounted to the bridge without the written consent of the
County
4 Licensor's Rights, The parties to the License agree that the Property exists as public property for the
primary benefit of the public, and that the rights granted herein to Licensee are subject to the Licensor's rights and
obligations to preserve and maintain the Property as such At the time of the granting of this License, the Property
is utilized extensively by the travelling public Licensee acknowledges this use and agrees that this use shall
continue unabated
A Subject to the rights granted herein to Licensee, Licensor reserves the right to maintain, repair
and/or replace the Property If the existence of the streamgage device interferes with the above activities, Licensee
must remove the same at its own expense within sixty (60) days of a request to do so by Licensor Licensor reserves
the right to remove any aspect of the streamgage that interferes with the travelling publics use of the Property
B Licensor assumes no responsibility for protection and/or maintenance of the streamgaging station
C Licensor shall have the right to transfer all of its rights and responsibilities to a successor
governmental entity if that entity acquires the bridge by annexation or through an intergovernmental agreement
5 Licensee' Resognsrbil►ties The grant of this License herein is conditioned upon Licensee's
compliance with the following requirements
A Licensee shall notify Licensor of the date of the installation of the streamgage 72 hours in advance
of the installation
B Licensee shall not make changes to the surface or subsurface area of the bridge, other than to
install the streamgage
C Licensee shall not construct or place any permanent structure, building, street light, yard light,
mailbox or sign, shrub, tree, woody plant or nursery stock of any kind on any part of the Property, other than the
streamgage herein approved without the express written approval of Licensor
D Licensee shall not interfere with the public's access to the Property before, during, or after the
installation of the gaging station, without the express written approval of Licensor
E Licensee shall be responsible for obtaining all other State, Federal, or Local permits related to the
installation of the streamgage and shall abide by all applicable Weld County, State of Colorado, and Federal laws
and regulations Licensee shall not interfere with any water rights or usage of water as a result of this agreement
F As a governmental entity, Licensee will be liable for damage to persons or property to the extent
caused by the negligent or wrongful acts or omissions of Licensee employees acting within the scope of their
employment or for any loss related to the installation, operation, maintenance, and other activities associated
with the gaging station described above and in accordance with, and to the extent permitted under, the Federal
Tort Claims Act (28 U S C 1346(b) and 2671 et seq )"
G No existing utilities or facilities located within the Property are to be cut or damaged In the event
Licensee damages any existing utility or facility, Licensee shall immediately notify the owner and either immediately
repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the
desires of the owner
H The construction, operation, maintenance and repair of the streamgage installed by Licensee are
at its own expense and without the aid or use of Licensor's funds
I Following Licensor's approval of this License, with the Licensor's additional written approval,
Licensee may assign one or more of the responsibilities enumerated above to a contractor retained to perform
some or all of the construction required to install Licensee's facilities However, if Licensee retains such a contractor,
Licensee shall remain responsible for said contractor's compliance with the terms of this License
6. ,Miscellaneous
A The parties hereby agree that neither has made or authorized any agreement with respect to the
subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or
consideration different from the terms herein contained shall be binding on either party hereto, or its agents or
employees This License embodies all agreements between the parties hereto and there are no promises, terms,
conditions, or obligations referring to the subject matter whereof other than as contained herein
B. This Agreement shall not be valid until it has been approved by the Board of County Commissioners
of Weld County, Colorado, or its designee
C No term or condition of this grant and Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other provisions granted by any
provisions of State and/or Federal law
D Applicable Federal, State, and local laws, rules, and regulations established pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void
E It is expressly understood and agreed that the enforcement of the terms and conditions of this grant
and Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned
parties and nothing in this grant and Agreement shah give or allow any claim or right of action whatsoever by any
other person not a party hereto It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this grant and Agreement shall be an incidental beneficiary
only
F In the event of a dispute between Licensor and Licensee concerning this grant and Agreement, the
parties agree that each shall be responsible for the payment of its own attorney fees and/or legal costs
G Licensee is prohibited from assigning any or all of its rights under this License without first obtaining
written consent to such assignment from Licensor, which consent shall not be unreasonably withheld
H If any term or provision of this License, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this License, or the application of such terms
or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected, and every other term and provision of this License shall be deemed valid and enforceable to the extent
permitted by law
I Removal of Equipment Upon termination of this License, Licensee shall remove any and all
materials, signage, and equipment that have been placed upon Licensor's Property Licenses shall return the
license area to its original condition
J Notices All notices herein provided to be given, or which may be given, by any party to the other,
shall be deemed to have been fully given when served personally on Licensor or Licensee, or when made in writing
and deposited in the United States mail, certified and postage prepaid, and addressed as follows
Licensor Board of County Commissioners of Weld County
1150 "O" Street
P.O. Box 758
Greeley, Colorado 80632
Licensee: University of Northern Colorado
501 20th Street
Campus Box 54
Greeley, CO 80639
It is mutually understood and ag eed that this License and all the terms and conditions hereof shall extend to
and be binding upon the parties hereto, their successors, and assigns.
LICENSEE:
ATTE :
By: at
Title; C i(,o Y avica
LICENSOR:
BOARD OF TRUSTEES FOR THE
UNIVERSIOF NORTHERN COLORADO
By:
Title:
Rost IYL4- CFO
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, C r LORADO
Barbara Kirkme'er, Pro -'em
DEC 19 2018
QQ0l8-/5�.
Exhibit A
Traffic Control Plan
Traffic will not be impeded Representatives from UNC will park on Poudre Learning Center property
and walk to location with orange vests on All work will be performed behind the bridge rail and
guardrail so as not to impede the flow of traffic
Sketch/drawings of work
Location 40°26'43 2"N 104°48'41 6"W
83rd Ave bridge over Cache la Poudre River
The photos above show t the southwest bridge abutment. The equipment will be attached to the
abutment in a PVC pipe that is approximately 16 feet long. The photo on the right shows that all work
will be done west of the bridge rail away from traffic. For maintenance activities, the site would be
approached from the Poudre Learning Center property.
The two photos above show what the installation would look like The photo on the left shows the PVC
which would house the water quality sensor Anchor bolts would have to be installed in the abutment
and wingwalls The installation would be permanent The photo on the right shows what the
datalogger and solar panel installation would look like The cable from the sensor would run from the
enclosure down through the PVC pipe The enclosure and solar panel would be installed behind the
bridge rail and abutment
oudre Learning Center
— ' �Ffa��Y��GF' WWM�I.4JYA�5VYi:nh�
Approximate location o
streamgage station
tU.te Learning Center
Legend
FEMA Flood Zones
AE, FLOODWAY
Road Centerlines
Paved
Gravel
c.ry4
4.0
83rd Ave Streamgaging Station Location Map
100
0
W ��> E
100 S 200
Feet
I)SCAIMER
The GS database and tlata .n Ire product Is sugect t0 constant
mange and the accuracy and completeness cannot be and is not
g.arameel The designation of lots or parcels or lend uses n the
database does not imply that the lots or parcels were created or
hal the land uses comply weh apl, cable Stale or Local Law
WELD COUNTY MAKES NO WARRANTIE S OR GUARANTEES
EITHER EXPRESSED OR IMPUED AS TO THE COMPLETENESS
ACCURACY OR CORRECTNESS OF SUCH PRODUCT NOR
ACCEPTSANY LIABILITY ARISING FROM ANY INCORRECT
INCOMPLETE OR MISLEADING INFORMATION CONTAINED
THEREIN
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