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HomeMy WebLinkAbout20120211.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES AND AUTHORIZE CHAIR TO SIGN - DCP MIDSTREAM 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 the Relocation of Gas/Oil Facilities 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, 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 the Relocation of Gas/Oil Facilities 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 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 23rd day of January, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r ATTEST: -- Sean P. C ay Chair Weld County Clerk to the Board J� Ise" .• F. •arcia,Pro-Tem BY: ,}(,BTU-11,.� {.U, II\�' /_ 4 % ' �. Deputy C{I�@rk to the Boar.j( 0, .s�7I i�e�`7.°2-44p-'t— ttb: t a Kirkmeyer tent APPRC7DAS%TO9ORM: ckr. _ c. _ / s/It J " % ?.yid E. Long y�4ttorney . �� c=i4I"ele ` DouglaWRademacher Date of signature: c) g / a I olio) V rn,nuii C.L . PUS 2012-0211 R3 id, cci-9 -krok EG0066 MEMORANDUM `�/IA* vL G Y� TO: Clerk to the Board DATE: January 17, 2012 FROM: Mike Bedell, Public Works Department SUBJECT: BOCC Agenda Item Agreement with DCP Midstream to relocate gas/oil facilities at the intersection of WCR 49 and WCR 54. Attached are two original, signed Agreements. Please return one signed agreement to Public Works for distribution. N1Francie\pyendaMlkeBedell docx 2012-0211 C &IOCti14 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: DCP Midstream Utility Agreement for WCR 54/49 Gas Pipeline Relocation DEPARTMENT: Public Works DATE: January 12, 2012 PERSON REQUESTING: Michael Bedell, Senior Engineer Brief description of the problem/issue: Public Works Department is requesting approval of a Utility Agreement with DCP Midstream. The Agreement will enable the process of lowering a gas pipeline located within the work area of the upcoming WCR 54/49 Intersection Improvements Project to take place. The roadway design entails removing a substantial amount of earthen cover above an existing 3" diameter gas pipeline. Weld County is obligated to pay for the expenses because the gas pipeline is located within an exclusive easement which DCP Midstream obtained from the landowner when the pipeline was constructed. Weld County has recently acquired Right-Of-Way in the same area. DCP Midstream has determined that adequate cover must be maintained above this pipeline. What options exist for the Board? The Board may choose to approve or not approve this proposed Utility Agreement. Recommendation to the Board: The Department recommends the Board approve this Utility Agreement. This roadway project is scheduled to advertise for bids in February, and relocation of the gas pipeline will ideally be completed prior to starting construction of the roadway improvements. Approve Schedule Recommendation Work Session Comments Sean P. Conway, Chair William F. Garcia, Pro-Tem tyLU Barbara Kirkmeyer X. David E. Long J Douglas Rademacher Attachments: DCP Midstream Utility Agreement M:\—Active Projects\Stretegic Corridor\WCR 49 and WCR 54 Design\Contracts\Work Session Request DCP Agreement docx , r 5j AGREEMENT BETWEEN DCP MIDSTREAM AND WELD COUNTY GOVERNMENT FOR RELOCATION OF GAS/OIL FACILITIES THIS AGREEMENT, made by and entered into this 2S 'day of �)nnuart,r , 2012, by and between DCP MIDSTREAM, 3026 4th Avenue, Greeley, CO 80631, a Colorado corporation (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"). WITNESSETH: WHEREAS, the County has requested DCP to relocate a certain underground pipeline at the intersection of Weld County Road 49 and Weld County Road 54 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 obtaining road right-of-way at the same location. The gas pipeline is shown on Sheet Number 24 of the Project Drawings. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows: 1. Except as otherwise provided herein, DCP shall relocate (lower)the existing pipeline from its current location, as shown on Sheet Number 24 of the Project Drawings, a copy of which is attached hereto as Exhibit A, and by this reference made a part of this Agreement. 2. The DCP pipeline shall be relocated to a new position which will not conflict with the proposed roadway improvements as shown on the Project Drawings, copies of which are attached hereto as Exhibit B, and by this reference made a part of this Agreement. 3. DCP shall use reasonable diligence to relocate the DCP pipeline within 30 days of the date of this Agreement. 4. DCP shall perform all work necessary to accomplish the relocation of the DCP pipeline, as required, and in accordance with DCP specifications. 5. County shall establish and stake the County right-of-way 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. DCP shall relocate the pipeline within the existing private easement and right-of- way in accordance with accepted engineering practices. County shall reimburse DCP for any expense due to subsequent changes by County. County shall reimburse DCP for any expenses incurred by DCP to repair damages to the DCP pipeline caused by County or its Contractor during the Project construction period. If the final relocation costs exceed the attached estimate, a 11111111111111111111111III 1111111111111 III111111111 till 3820530 01/26/2012 12:13P Weld County, CO OOO/cg- Oc2// 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • copy of which is attached hereto as Exhibit C, and by this reference made a part of this Agreement, DCP shall submit to County a breakdown of all costs, highlighting those costs which exceeded the original estimate, prior to DCP's submission of an invoice to the County. County shall pay the costs which are reflected in the attached estimate and those additional costs which County believes are reasonable, following DCP's completion of the relocation, and subsequent submission of an invoice. 7. DCP shall be responsible for coordination of traffic control and for obtaining any necessary permits specific to its work to relocate the DCP pipeline. 8. DCP has estimated the total cost of said relocation to be $17,419.50, 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. 9. The County may terminate this Agreement at any time prior to or during the relocation of the DCP pipeline by DCP. In such an event, the County shall pay DCP for all expenses which may theretofore have been incurred by DCP for engineering, for materials and equipment purchased or ordered, prior to the date of termination. 10. This Agreement shall be binding upon and inure to the benefit of the successors, legal representative and assigns of the respective parties hereto. 11. 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. 12. 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. 13. 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 both the pipeline and the road improvements to be constructed by the County. Therefore, DCP affirms that it has sufficient liability insurance 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. 14. 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. 1111111 11111 1111111 IIII III IIIIIII 111111 III VIII IIII IIII 3820530 01/26/2012 12:13P Weld County, CO 2 of 7 R 0.00 0 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board By: ;`. '���''s6d2 y:Deputy Clerk t/ the Board t1.6' Sean P. Conway, Chair kiqs A7 JAN 2 3 2012 DCP MIDSTREAM BY: E 4 24 / m/- ii- z0 KPH .s 27 -04,a, e.. 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Qmm 00%g/a : 2: . / III O I II I O p pr. v m o ,OOZ00 894 1do 09££3t1o+ d o ° Y I in yr S / 4 95 m vI S��i>" o v a a a a� m LL € yJ ¢I o m s = gbh' a LL N x aapaooau g halm ouaaolry analS 00'0 a 00.0 u L l0 5 till I I I 111111 III 111111 111111 I I 11111111111111111111111 WELL,CONNECT ESTIMATE , • Well Name: AFE# 1 1 1 PREFIX I Date Weld County 49&54 2/10 South 1 I I 1/9/2012 LOWER — Elkhorn 1 1 DESCRIPTION QUANTITY SIZEI PRICEI TOTAL PIPE 3"X42.156W COATED 0 $10.401 50.00 RIGHT OF WAY 0 0 $50.001 $0.00 SURVEY 0 I 51,000.001 50.001 CONTRACT RIGHT OF WAY 0.1 51,500.001 $150.00 ENVIRONMENTAL STUDY 0 51,000.001 $0.00 FITTINGS 0 51,500.00 $0.00 MEASUREMENT 0 $31,100.00 1 $0.00 MISC.MATERIAL Gravel, 0 $250.00 $0.00 silt fence,re-seeding 0, i 5150.00 PIPE LAY PRICE(DRY) 0 1 $5.05 $0.00 PIPE LAY PRICE(WET) 0 $5.55 $0.00 PIPE LAY PRICE(WINTER) $5.55 $0.00 FENCE CROSSING 0 $550.00 $0.00 FOREIGN LINE CROSSING $350.00 $0.00 RE-SEEDING 0 $0.00 $0.00 DEEP SANDS(DRY) 0 $5.05 $0.00 DEEP SANDS(WET) 0 $5.55 $0.00 DEEP SANDS(WINTER) 0 55.55 $0.00 HYDRO TEST(NEW) 0 $1.30 $0.00 HYDRO TEST(EXISTING) $1.50 $0.00 DOUBLE DITCH 0 $0.40 $0.00 WATER PACK(T&E) 0 $0.00 $0.00 METER SETTING(<250') 0 $1,400.00 $0.00 METER SETTING(>250') $1,200.001 $0.00 DIRECTIONAL BORE(DIRT) 0 $28.80 $0.00 DIRECTIONAL BORE(ROCK) 0 $43.80 $0.00 BLOCK VALVE SETTING 3" 0 $650.00 $0.00 BLOW DOWN 2" 0 $100.00 $0.00 EXTRA WELDS 3" 0 $32.00 $0.00, MOVE IN-MOVE OUT 0 $1,000 $0.00 LAUNCHER P1F 3002 $1,144.00 $0.00 RECEIVER P1 F 300# $3,200.00 $0.00, HYDRO L&R ONLY 4 HR. 0 $600.00 $0.00 HYDRO L&R ONLY 8 HR. 0 $825.00 $0.00 TIE IN 0 $650.00 $0.00 HOT TIE IN(TEE OR Y) 0 3x3x3 $725.00 $0.00 ORANGE CONST.FENCE 0 $1.75 $0.00 d TEMPORARY FENCE 0 $1.75 $0.00 - v REPAIRS TO FENCE 0 $5.00 $0.00 = o TRENCH BOX(T&E) 0 $0.00 d STRAW BALES($PER BALE) 0 $7.00 $0.00 O cc FAB&INSTALL GUARD ' $8.20 $0.00 a° INSTALL ANNODE $45.00 $0.00 sit INSTALL&REMOVE WADDLE 0 $30.00 $0.00 - =3 Lost Production 1 $1,500.00 $1,500.00 mum 8 Haul Materials 0 $312.00 $0.00 =9 y Contractor 1 $10,540.00 $10,540.00 a, `o Gas Loss 1 $600.00 $600.00 ML 2-Pumpers 2 $400.00 $800.00 o TOTAL CONST. $13,440.00 co p; COMPANY LABOR 3 $1,000.00 ' $3,000.00 —17, co X-RAY 0 $1,100.00 $0.00 cm p $16,440.00 o $16,590.00 w c 5%CONTINGENCY $829.50 —-o 0 TOTAL COST $17,419.50All N --NO bra OCC r -pN.O R co .� VAWe T C�� Ythee Yr_ ELKHORN CONSTRUCTION Elkhorn Estimate DCP Midstream Manpower and Equipment to lower 3"pipeline 3'.Compact and backfill to specs. Es+imatedTotal $10,540.00 • If you have any questions please contact myself at 303-549-9154 Thank you, Marvin Koger d E - a0a m y °C C N _ =U C =a a� 3m CD =o_ > -M$3 �no N — ENO =co —N ENO • —rOO —C C �N O —OD Hello