HomeMy WebLinkAbout20130541.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES AT THE
INTERSECTION OF COUNTY ROAD 23 AND STATE HIGHWAY 392 AND AUTHORIZE
CHAIR TO SIGN - DCP MIDSTREAM, LP
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 an Agreement for Relocation of Gas/Oil
Facilities at the Intersection of County Road 23 and State Highway 392, 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 DCP Midstream, LP, commencing upon full
execution, 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 Agreement for Relocation of Gas/Oil Facilities at the Intersection of
County Road 23 and State Highway 392, 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 DCP Midstream, LP, 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 25th day of February, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD GODO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the Board
BY:
Deputy C
APP
ounty ttorney
rbara Kirkmeyer
MAR O 1 2013
Date of signature:
I Utc, 7 4/-R ttu CC', ?w 3K4
2013-0541
EG0068
RECEIVED
MEMORANDUM n� D COLINERS
TO: Clerk to the Board DATE: February 20, 2013
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Agenda
Agreement with DCP Midstream, LP for relocation of gas/oil facilities at the intersection of
WCR 23 and SH 392.
Attached are two, duplicate original Agreements. Please return one signed original to Public
Works Department.
M Trancle\AgendaMlkeBedell-1. docx
2013-0541
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: DCP Midstream Utility Agreement for WCR 23/SH 392 Intersection Improvements
DEPARTMENT: PUBLIC WORKS
DATE: 2/13/13
PERSON REQUESTING: Wayne Howard, P.E. County Engineer
Brief description of the problem/issue:
The proposed road widening/improvements at CR 23 and SH' 3 will impact an existing DCP gas pipeline that
is currently located just outside of the existing ROW in a private easement. This impact will require DCP to
relocate the pipeline about 50' north outside of the new ROW. DCP has agreed to perform this work at the
projects expense which will include a new easement at the new location. This Utility Agreement entails
reimbursement of the estimated costs in the amount of $72,324.20, plus the private easement costs.
The County plans to use grant -matching funds (County, Windsor, or Severance) to acquire the right-of-way and
easements for this project. The utility relocation costs associated with the project are eligible for reimbursement
utilizing the approved grant funds from CDOT.
What options exist for the Board:
The Board can choose to sign or not to sign the attached Utility Agreement. The project cannot proceed without
relocating the DCP gas line as it is in conflict with the road improvements. If the Utility Agreement is
approved, DCP will perform the relocation work will proceed shortly after the private easement has been
acquired.
Recommendation to the Board:
Public Works recommends signing the Utility Agreement with DCP Midstream. They are willing to begin the
work as soon as we have cleared the ROW process and avoid project scheduling conflicts.
William F. Garcia, Chair
Douglas Rademacher
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer
Approve Schedule
Recommendation Work Session
Comments
Attachments: Contracts/Agreements checklist for WCR 23/SH 392 Intersection Improvements.
DCP Midstream Utility Agreement for WCR 23/SH 392 Intersection Improvements.
AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES
BETWEEN DCP MIDSTREAM AND WELD COUNTY GOVERNMENT
THIS AGREEMENT, made and entered into this 30 day of January, 2013, by and between
DCP MIDSTREAM, LP, a Delaware limited partnership with Colorado offices at 370 17`1
Street, Suite 2500, Denver, CO 80202, (hereinafter called "DCP") and THE COUNTY OF
WELD, a political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, at P.O. Box 758, 1150 O Street, Greeley, CO 80632
(hereinafter called "County -I.
WITNESSETH:
WHEREAS, the County has requested DCP to relocate a certain underground pipeline at the
intersection of Weld County Road 23 and State Highway 392 in preparation of a previously
approved improvements project (hereinafter known as "Project") , and
WHEREAS, DCP is willing to relocate said pipeline, which is located on an existing private
easement. The private easement existed prior to the County and/or Colorado Department of
Transportation obtaining road right-of-way at the same location, and
WHEREAS, County is willing to reimburse DCP for the expenses it will incur as a result of the
relocation.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
I. DCP RIGHTS and RESPONSIBILITIES
I. DCP Pipeline Relocation: DCP shall remove approximately Thirteen Hundred
Thirty Feet (1330') of existing pipeline from its current location and shall install approximately
Thirteen Hundred Thirty Feet (1330') of new pipeline, as indicated on the Project Drawings,
(five pages of which are attached hereto as Exhibit A and made a part hereof by this reference).
In addition, DCP shall relocate approximately Two Hundred Feet (200') of existing pipeline
from its current location to a position which allows DCP a minimum of four feet (4') of cover,
also as indicated on the Project Drawings, attached as Exhibit A. All work necessary to
accomplish the two DCP pipeline relocation projects shall be performed in accordance with DCP
specifications, in accordance with accepted engineering practices, and in compliance with all
applicable Weld County, State of Colorado and Federal laws, rules and regulations. The parties
agree that the relocation activities will take place solely outside the right-of-way controlled by
the State of Colorado Department of Transportation.
2. Pipeline Relocation Not to Conflict with Improvements: DCP agrees that the
new locations of the relocated DCP pipeline shall not conflict with the proposed roadway
improvements or other utility relocations as shown on the Project Drawings attached as Exhibit
A.
1
3. Timing of Pipeline Relocation: DCP shall relocate the DCP pipeline within
ninety (90) days of the completed acquisition of the DCP easement which is described in
paragraph I1.2 of this Agreement.
4. DCP Responsible for Traffic Control: Throughout the relocation process,
DCP agrees that it shall be responsible for coordination of traffic control as established by the
"Manual on Uniform Traffic Control Devices" (MUTCD).
5. DCP Shall Obtain Right -of -Way Permits: DCP shall obtain all necessary
permits from Weld County and/or the State of Colorado required by its pipeline relocation work.
6. Reliance on DCP Expertise: County and DCP recognize that County is
relying solely on DCP to perform the relocation of the pipeline in a manner which will ensure the
future integrity of the pipeline and the road improvements to be constructed by the County.
Therefore, as part of its assurances under this Agreement, DCP affirms that it has sufficient
liability insurance, (as more fully described in Paragraphs 1.8 and 111.8 below), to satisfy any
claim of negligence, intentional wrongful acts or other acts or omissions which may arise as a
result of any failure of the road caused by an improper relocation of the pipeline.
7. DCP Warranty: DCP warrants that all work performed under this
Agreement will be performed in a manner consistent with the professional standards governing
such work and the provisions of this Agreement and shall conform to the performance standards
and requirements set forth herein and in Exhibit A.
8. DCP's Responsibility to Indemnify: DCP shall defend and indemnify
County, its officers and agents, from and against loss or liability arising from DCP's acts, errors
or omissions in seeking to perform its obligations under this Agreement. DCP shall provide
necessary workers' compensation insurance at DCPs own cost and expense. Following the
execution of this Agreement and for a period of twelve months following the completion of the
project, DCP shall include the County, its officers and agents, as additional named insureds on a
property, casualty, and liability insurance policy, at a minimum of $1,000,000 coverage limit per
occurrence, $300,000 per person.
9. Test Results: Upon completion of the work and if applicable, DCP shall
submit to County originals of any test results, reports, etc., generated during completion of this
work. Acceptance by County of reports and incidental material furnished under this Agreement
shall not in any way relieve DCP of responsibility for the quality and accuracy of the work.
Acceptance by the County of, or payment for, any of the work performed under this Agreement
shall not be construed as a waiver of any of the County's rights under this Agreement or under
the law generally.
II. COUNTY RIGHTS and RESPONSIBILITIES
1. Estimates of Relocation Expenses: County has agreed to reimburse DCP for
the expenses incurred by DCP in accordance with this relocation as set forth in the Estimate of
Costs,( a copy of which is attached hereto as Exhibit B and made a part hereof by this reference).
2
2. County to Acquire Relocation Easement: County shall acquire, at its
sole expense, the easement identified on Exhibit A which DCP will utilize for the relocation of
its pipeline. If County fails to acquire said easement within two (2) years of the execution of this
Agreement, this Agreement shall terminate and be of no force or effect, with both parties hereto
released from all responsibilities outlined herein. The unsigned Easement Agreement granting
the easement to DCP is attached hereto and made a part hereof as Exhibit C.
4. Increases/Decreases in Estimated Expenses: DCP has estimated the total
cost of said relocation to be $72,324.20, which includes specific work outlined in the attached
cost estimate. If final actual costs of relocation are less than the estimated amount, DCP shall
invoice the County for the actual costs. If the final relocation costs exceed the attached estimate,
County shall pay those reasonable additional expenses up to a maximum of an additional five
percent (5%). In addition, County shall reimburse DCP for all expenses it incurs in the
acquisition of the easement which will be used by DCP for the relocation of the pipeline which is
being removed from its current location.
5. County to Stake Right -of -Way: County shall establish and stake the County
and/or Colorado Department of Transportation right-of-way and easements within the work area
prior to relocation of DCP pipeline. County shall verify the relocation to confirm that said
relocation is sufficiently clear of Project construction work.
6. County's Right to Terminate: The County may terminate this Agreement
at any time prior to DCP's commencement of relocation construction. In such an event, the
County shall pay DCP for all expenses which were incurred by DCP for engineering, for
materials and equipment purchased or ordered, prior to the date of termination.
III. MISCELLANEOUS
1. Board of County Commissioners of Weld County Approval: This Agreement
shall not be valid until it has been approved by the Board of County Commissioners of Weld
County, Colorado or its designee.
2. Agreement Binding: This writing, together with the exhibits, constitutes the
entire Agreement between the parties hereto with respect to the subject matter herein, and shall
be binding upon said parties their officers, employees, agents, and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns of said
parties.
3. No Third Party Beneficiary: It is expressly understood and agreed that
the enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
4. Time of the Essence: Time is of the essence in each and all of the provisions
of this Agreement.
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5. Fund Availability: This Agreement assumes that the relocation of the
pipeline will be completed on or before the end of the County's fiscal year. Financial obligations
of the Board of County Commissioners of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. By execution of this Agreement, County does not warrant that funds will be available
to fund this Agreement beyond the current fiscal year.
6. Severability: If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent
of the parties.
7. Attorneys Fees/Legal Costs: In the event of a dispute between County and
DCP, concerning this Agreement, the parties agree that Weld County shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of DCP.
8. Subrogation Waiver: All insurance policies required to be maintained
under the terms of this Agreement or which are in any way related to this Agreement which are
secured and maintained by DCP shall include clauses stating that each carrier shall waive all
rights of recovery, under subrogation or otherwise, against Weld County, its officers, employees,
agents, or volunteers.
9. Governmental Immunity: No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-
101 et seq., as applicable now or hereafter amended.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, two duplicate originals of this Agreement, each of which shall be
deemed an original, on the date first written above.
DCP MIDSTREAM, LP
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Title:
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Date
ATTEST:
Weld County Clerk to the Board
BY: It C 11kYA0�.�
BOARD O COUNTY COMMISSIONERS
WELDNTY, COLORADO
tam F. Garcia, Chair
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Midstream
DCP MIDSTREAM
3026 4th Avenue
Greeley. CO 8063t
-_ INVOICE
- - - -
____
4 -Sep -12
DESCRIPTION SEND TO:
FROM:
Pipeline relocation _ 'Michael Bidell
DCP Midstream
WCR 23 & HWy 392 !Weld County Public Works
Law Hngenlock
_
970-301-0780
-
3026 4th Avenue —!
Greeley,CI) X0631
970-378-6351
DESCRIPTION
TOTAL
Pipe Fillings, Tape & Primer
$11,907.401
Environmental $0.00
Misc.Materials $1,000.00
tit-
Equipment bt Labor
!Elkhorn Construction 1 $33,641.601
—T
Compaction
_
-- - _
_...
DCP Company Labor
$10,000.00
Vacuum Truck
� _.. _.._ ._. _..... ..._.r__..i
X - ray
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$5,500.00
__
Construction Supervisor
$0.0O
Construction inspector
• $0.0Q
-
ROW & Mapping
-
$1,500.00!
Survey
$2,200.001
_ -
Pot Hole • $0.00
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Contingency . $6,575.001
TOTAL: ; $72,324.20
7
Expires: 11/30/2012
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PIPELINE RIGHT-OF-WAY GRANT
FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS
for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has
been completed, and before construction is commenced,
UWE,
Windsor LV LLC
3821 Derby Trail
Round Rock, TX 78681
hereinafter referred to as "Grantor" (whether one or more) does hereby grant, sell, convey, and warrant to DCP
Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and exclusive
easement, Fifty (50) feet in width for a temporary easement for construction for this line or lines and a permanent
exclusive easement of Twenty (20) feet in width, for the purpose and from time to time, operating, inspecting,
maintaining, protecting, repairing, replacing, change the size and removing a pipeline or pipelines, or other
appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of
the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the
following described land located in WELD County, State of COLORADO, to wit:
Township 6 North. Range 67 West of the 6"' P.M.
Section 14: SE/4
Said temporary construction easement and permanent exclusive pipeline easement being more particularly
described on Exhibit "A" attached hereto and made a part hereof.
Together with the right of ingress and egress to and from said pipeline or lines, on, over, and across said land and
adjacent land of Grantor.
It is agreed that the pipeline or lines to be laid under this grant shall be constructed a minimum depth of forty-eight
(48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall
have the right to fully use and enjoy the above described premises subject to the rights herein granted.
Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition
and reseed the same as soon as possible.
Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent
right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the
herein granted right-of-way that will interfere with the normal operation and maintenance of said line or lines.
Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber,
fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted;
provided, however, that after the pipeline or lines has been constructed hereunder, Grantee shall not be liable for
damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the
rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them.
It is further agreed that the said Grantee, its successors or assigns, may at any time lay an additional pipeline along side
of the said first line within the permanent 20 foot easement utilizing said temporary construction easement as
necessary for the installation of said additional line.
The tens, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors, and assigns of the parties hereto.
TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as
long as said easement is used for the purposes granted herein.
IN WITNESS WHEREOF, Grantor has executed this instrument this
signed, sealed, and delivered in the presence of:
Windsor LV LLC
BY Its
day of 2013,
Hello