HomeMy WebLinkAbout20141472.tiff MEMORANDUM
DATE: May 12. 2014
0 .N_T z TO: Board of County Commissioners, Don Warden, Bruce
Barker. Jay McDonald. Clay Kimmi Don Dunker.
Elizabeth Relford, Curtis Hall
FR: Stephanie Arries. Assistant Weld County Attorney
RE: U.S. Geological Survey Agreement to Install
Streamgage on WC Bridge 20.5
The U.S. Geological Survey has approached Weld County to ask permission to install a new
streamgage on WC Bridge 20.5. The USGS has repaired an existing streamgage on the bridge
but is anxious to install a new one in advance of the spring run-off
The streamgage is being provided and put into place at no cost to Weld County. Additionally, the
installation will be coordinated through and with Weld County personnel. The representative
with whom I have been dealing has already been in contact with Clay Kimmi.
The Agreement attached to this Memo has been reviewed by the senior level folks at USGS and
was signed by them on Friday. May 9. 2014. I was told this morning that the USGS would also
• like to install another streamgage on a bridge on 396. If the information is received soon. I will
• also schedule it for May 19, if the Board so agrees.
It is clearly in the bests interests on Weld County and its citizens that there be a properly
operating streamgage to measure the levels of water, and I would recommend approval of this
Agreement.
Recommendation: Approve the agreement to install the streamgage
Approve Schedule
Recommendation Work Session Other Comments:
Douglas Rademacher, Chair
Barbara Kirkmeyer. Pro-hem
Sean P. Conway
Mike Freeman
William F. Garcia
CC. i\C'`c a 1C\.(11 9.re .� CA65.. ) 2014-1472
- � iy -541//r 75eaV
Esther Gesick
From: Stephanie Arries
Sent: Tuesday, May 13, 2014 8:16 AM
To: Esther Gesick
Subject: FW: US Geological Survey -Water Science Center- Installation of Streamgage on WC
Bridge 20.5
Attachments: Weld Co_bridge_20.5 permission-USGS signed.pdf; Exh A-1-Location of Stream Gage at
WCR 20.5.pdf; Exh A-2-CR 20.5 USGS Gaging Station.pdf; Exh B-Example of Stream Gage
Bridge Installation.pdf; Exh C-Example of Stream Gage Box.pdf; Memo for Final Approval
May 2014.docx
Good Morning Esther—
The Board has authorized me to ask you to put this on the consent agenda—I will forward that email string to you
Thank you so much!! —maybe it could go on tomorrow???
Stephanie L. Arries
Assistant Weld County Attorney
1150 "O" Street
P.O. Box 758
Greeley, Colorado 80632
Tel: 970-356-4000 ext 4394
Fax: 970-352-0242
Email: sarries@co.weld.co.us
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney
privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message
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is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by replying and delete the message.
Thank you.
From: Stephanie Arries
Sent: Monday, May 12, 2014 1:50 PM
To: Douglas Rademacher; Barbara Kirkmeyer; Sean Conway; Mike Freeman; William Garcia; Bruce Barker; Don Warden;
Jay McDonald; Don Dunker; Elizabeth Relford; Curtis Hall; Clayton Kimmi
Subject: US Geological Survey - Water Science Center - Installation of Streamgage on WC Bridge 20.5
Good Morning!
Please find attached a Memo, and a copy of a signed Agreement with Exhibits concerning the installation of a new
streamgage on one of the County's bridges by the USGS.
There is no cost to the County for this device and its installation. and the streamgage will not interfere with vehicles
travelling over the bridge.
Please let me know if this matter requires a work session, or whether it may be placed on the Agenda for the meeting on
Monday May 19. the USGS would also like to install a measuring device on a bridge on 396. If we can tinaliie the
details on that Agreement, we will also present that on May 19.
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Please let me know if you have any objection to having these presented to you. —Also, if you prefer, they can be placed
on the consent agenda, as there is no compensation to be paid.
Just let me know!.
Thank you!
Stephanie L. Arries
Assistant Weld County Attorney
1150 "O" Street
P.O. Box 758
Greeley, Colorado 80632
Tel: 970-356-4000 ext 4394
Fax: 970-352-0242
Email: sarries@co.weld.co.us
tI '• rpft :..
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney
privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message
is not the intended recipient,you are hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by replying and delete the message.
Thank you.
2
•
LICENSE AGREEMENT
STREAMGAGE-BRIDGE 20.5 l/
THIS LICENSE AGREEMENT, made and entered into this /7 d ay of
}{IL�. , 2014, by and between the Board of County Commissioners of Weld County,
Colorado, (hereinafter"Licensor"), whose address is 1150"O" 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 20.5 and Bridge 20.5,
over Boulder 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 bridge 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 roads, 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 streantflow and water quality, and
WHEREAS, measurements and other data obtained from the streamgage are
transmitted immediately to a Website maintained by the USGS, and Licensor will therefore
benefit from the installation of this streamgage by having immediate access to that information,
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 Boulder
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
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after the delivery of a 'Notice to Terminate' which has been served upon the parties at the
addresses described in paragraph 6 K below.
2. Licensor'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.
�. Streamgage. For the purpose of this agreement, "streamgage" includes the gaging
station, the radar water level sensor to be installed on the edge of Licensor's bridge and the
cableways and equipment, used in the operation and maintenance of the monitoring site, all as
depicted on Exhibits B and C, both of which are 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 bridge 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
bridge,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
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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-ensured. 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.
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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
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circumstances shall, to any extent, be held invalid or unenforceable,person or
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
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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 be binding upon the parties hereto, their successors, and assigns.
LICENSEE:
U.S. GEOLOGICAL SURVEY
COLORADO WATER SCIENCE
CENTERs 4
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LICENSOR:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATT T: �5�Car,�vvri tS� (F�
;ok. ouglas'Rademac er, Chair MAY 1 4 2014
Weld County Clerk to the Bo. d
L,zps
By: ✓/di/' s ��.. L:I�
Deputy Cler to the Board
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EXHIBIT
A- 1
Proposed USGS Stream-Gage on Boulder Creek near Longmont (at County road 201/2)
New proposed site location would be located on the Weld County Rd 20 1/2 Bridge where Boulder Creek
pass under it. There would be a small ( 1x1 foot) box containing a Radar sensor mounted to the
downstream side of the bridge, while a free-standing metal gage box ( 1x2 foot) with antenna would be
mounted on the west side of Boulder Creek at the high point to avoid future flood waters. There would
be buried metal conduit running from the gage-house to the edge of the bridge, where the metal
conduit would be fastened to the bridge via concrete anchors.
The latitude-longitude numbers are as follows: 40°, 08', 19.5", 105°, 01', 12.37" and is shown on the
image below.
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7de Latitude: 40 deg 8 min 19. 5 sec f-__
Longitude: -105 deg 1 min 12 . 37 sec
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Note: The gaging station will be used to provide
real-time streamflow discharge data on Boulder
Creek. The gaging station will be maintained
and operated by the USGS. The equipment
and maintenance of the station will be paid for
by others. The station will be located within the
right of way for WCR 20 . 5 and will be situated
behind the existing guardrails.
a'
Legend USGS Boulder Creek Gaging Station
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Zone A100yr at CR 20 . 5 Vicinity Map
lone 8 ,06500 yr
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EXHIBIT
B
A photo below shows a similar installation of a Radar water level sensor which would be mounted on
the 20 1/2 bridge.
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EXHIBIT
C
A photo of a similar gage box structure is featured below containing an electronic data logger with
satellite transmitter. There is an antenna pointing towards the goes satellite transmitting 15 minute
data once per hour.
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