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Home My WebLink About20151435.tiff RESOLUTION RE: APPROVE LICENSE AGREEMENT TO INSTALL A STREAMFLOW GAGE IN RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-U.S.GEOLOGICAL SURVEY 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 to Install a Streamflow Gage 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 U.S. Geological Survey, 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 to Install a Streamflow Gage between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, on behalf of the Public Works,and U.S.Geological Survey be,and hereby is,approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 20th day of May,A.D.,2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: el) C jCio;cL EXCUSED Barbara Kirkmeyer,Chair Weld County Clerk to the Board Mike Freeman,Pro-Tem BY: • D p Clerk to the B.ar. 1]J XCUSED ,�`�-` �! an P.Co way F .a4r APPROVE AS TO ORM: Iasi e A.Cozad County Attorney �'��j Steve Moreno Date of signature: �A CC 710 e)4- 2015-1435 EG0072 ,, .86>lJ : atMEMORANDUM TO : Esther Gesick, Clerk to the Board DATE: May 12, 2015 ot_ a O U N T Tx" FROM : Clay Kimmi , P. E. , CFM , Public Works 1 _ SUBJECT: License Agreement for USGS to install a Streamflow Gage in Weld County ROW Please place the attached agreement on the BOCC Agenda. Please return one of the originals to me so I can return it to the USGS. The attached agreement is to allow the USGS to install a streamflow gage in Weld County's ROW on CR 6.5 west of CR 91 on Goose Creek. The USGS is performing a study on intermittent streams in Eastern Colorado. This study is a follow-up to a study that was done in the 1980s. The USGS is asking to install a measurement device on the upstream and downstream sides of the road. The measurement devices will be approximately 6 feet away from the culvert opening on both sides of the road. They intend on staying in the Weld County ROW. This agreement is very similar to other agreements that the USGS and the State of Colorado have entered into with Weld County. The agreement was reviewed by Bob Choate in the attorney's office. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. RECEIVED MAY 132015 WELD COUNTY COMMISSIONERS 2015- 1435 Page 1 of 1 M:\Clay\2013 Flood\Stream Gages\Goose Creek Streamgage Agreement Memo to BOCC.docx LICENSE AGREEMENT USGS STREAMGAGE ON CULVERT WEL006. 5/091 .0B it THIS LICENSE AGREEMENT, made and entered into this &DI- day of CAT , 2015, by and between the Board of County Commissioners of Weld County, Colorado, (hereinafter "Licensor"), whose address is 1150 "0" Street, Greeley, Colorado 80631 , and U.S. Geological Survey (USGS), Colorado Water Science Center, a division of the United States Government, (hereinafter "Licensee"), with a local office at West 6th and Kipling Street, Denver Federal Center Bldg 53, Lakewood, Colorado 80225-0046, and a mailing address of Box 25046, Denver Federal Center, Mail Stop 415, Denver, Colorado 80225-0046, US. WITNESSETH: WHEREAS, Licensor has built and maintains Weld County Road 6.5 and Culvert WEL006.5/091 .0B, over Goose Creek, 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 culvert are hereinafter referred to as the "Property"), and WHEREAS, pursuant to Colorado Revised Statutes, (hereinafter referred to as "C.R.S"), §30-35-201 (14), Licensor has the authority to construct and maintain bridges, viaducts, and tunnels and to regulate the use thereof, and WHEREAS, funds have been provided by a third party to allow USGS 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 will be downloaded periodically and uploaded to a Website maintained by the USGS, and Licensor will therefore benefit from the installation of this streamgage by having access to that information, and WHEREAS, Licensee desires to utilize Licensor's Property in order to install a streamgage for the purpose of measuring streamflow and stage in Goose Creek, 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. 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 1 addresses described in paragraph 6 K below. 2. Licensor's Limited Interest in Culvert. 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" will be two standard USGS crest-stage gages consisting of 2" steel pipe mounted in the earthen streambed. Inside the steel pipe will be a wood stick with a pressure transducer at the bottom to measure the water level. The steel pipe will be installed approximately one culvert width upstream and downstream from the Licensor's culvert, as depicted on Exhibits B, which is attached to this Agreement and made a part hereof by this reference. 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. A. 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. B. 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. C. Licensor assumes no responsibility for protection and/or maintenance of the gaging station. D. Licensor shall have the right to transfer all of its rights and responsibilities to a successor governmental entity if that entity acquires the culvert by annexation or through an intergovernmental agreement. 5. Licensee's Responsibilities. 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 culvert, other than to install the streamgage. C. Licensee shall not construct or place any permanent structure, building, street light, yard light, mail box or sign, shrub, tree, woody plant or nursery stock of any 2 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. F. Licensee is self-insured. As a Federal entity, Licensee will be liable for damage to persons or property to the extent caused by the negligent or wrongful acts or omissions of USGS employees acting within the scope of their employment or for any loss related to the installation, operation, manintenence, 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. 3 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 shall 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 4 Licensee: U.S. Geological Survey Colorado Water Science Center West 6th and Kipling Street Denver Federal Center Bldg. 53 Lakewood. Colorado 80225-0046 It is mutually understood and agreed that this License and all the terms and conditions hereof shall extend to and he binding upon the parties hereto. their successors. and assigns. LICENSEE: C.S. GEOLOGICAL SURVEY COLORADO WATER SCIENCE CF,NTF, ATTEST: By: 'f . y;% By: iLL! ; Title: , c 1.4 r�'G " � -oG-J c_ Title: LtV.A �ilc�i;tIC0)- LICENSOR: WELD CO MY:. / .� ATTEST: GAT: ache• BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Bard WELD COUNTY, COLORADO BY: �_� � `►�. ..�� t Deputy Clerk to the Boar e Rida�% Mike Freeman, Pro-Tem MAY 2 0 2015 APPROVED AS TO U r G r �:"!6,�1 APPROVED AS TO SUBSTANCE: /Lci ) �� _.�� Coniro Ter .r �� ElesEedi3ffic or Department Head r ` APPR• • '•• Vl� /A Director of General Services County Ayfry o O/� - //j (a ) 5 EXHIBIT A- 1 . Proposed USGS Stream-Gage on Goose Creek near Hoyt (at County Road 6.5) New proposed site would be located on Weld County Rd 6.5 where Goose Creek passes under it. At this location two standard USGS crest-stage gages will be located approximately one culvert width upstream and downstream of the culvert entrance and exit, respectively. The crest-stage gage will consist of 2" steel pipe mounted into the earthen streambed. Inside the steel pipe will be a wood stick with a pressure transducer at the bottom to measure the water level. The latitude-logitude of the site is (40.037103, -104.217770) and is shown on the image below. } F • aloe . . . _ � a • • • r kr i t. - , - 'diet.< OP Mag ma' �`� ,;.A^. rc $ i, r ., � ` re --' 4 - I -) jolt", ' _. < % .TICS.?. . _ ; �q r LIT y7 of i� :0 r 4, ; _ e "- r ` .-. ., - -Er ham. t .1 n i Sae O. • i w. .I' i..�. - 6 EXHIBIT A-2. Proposed approximate location of both the upstream and downstream crest- stage gages that consists of 2-inch steel pipe on Goose Creek near Hoyt (at County Road 6.5).tomfa...• . 1 :Tit 4 ,'I I I if • •' .ti It of/r>'�•'- �' 7Y �i.;�" .`.i' ( ~ , ,r Downstream Crest Stie k •t -- Ilit • ' CO i C 3 l 1 0.' • '' QJ LL�.�'o y�mil. -% b - _ >r� ``.. •.t�• —:w� !, Jamst 41 . IC: tr r �• : . ' . 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