HomeMy WebLinkAbout20071706.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING RELOCATION OF PIPELINE FOR CR 9.5
PROJECT AND AUTHORIZE CHAIR TO SIGN-ROCKY MOUNTAIN PIPELINE SYSTEM,
LLC
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 Concerning the Relocation
of Pipeline for the County Road 9.5 Project 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 Rocky Mountain Pipeline System, LLC, 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 Concerning the Relocation of Pipeline for the County
Road 9.5 Project 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 Rocky
Mountain Pipeline System, LLC, 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 18th day of June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
A��� WELOUtTY, LOJ�ADO
ATTEST: � '///, 4C-'744.
''- /�� c6�
tic-. ` avid E. ng, Chair
Weld County Clerk to the �
Via IC' ��� Nam /� -4 e, Pro-Tem
BY: Sr' .
1
Deputy erk to the Boar. astr �I
Wilf F. Garcia
APP V AS TO F ,.Z&
Robert D. Masden
my Attorney ek+Lvn
-Douglas ademacher
Date of signature: 7 - 9-6r7
2007-1706
EG0056
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MEMORANDUM
IIIlkTO: Clerk to the Board DATE: June 12, 2007
COLORADO FROM: Wayne Howard, Public Works
SUBJECT: Agenda Item
Colorado Relocation and Reimbursement Agreement with Rocky Mountain Pipeline System,LLC
for the WCR 9.5 alignment project.
Enclosed are three duplicate,original agreements;please return two original signed agreement
to Public Works.
M:\Francie\AgendaChairS ignature.doc
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A1N103 013M
2007-1706
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 9.5 Project/SH 66 to WCR 28
DEPARTMENT: PUBLIC WORKS DATE: 6/1/07
PERSON REQUESTING: Wayne Howard, Engineering Division
Brief description of the problem/issue:
Plains All American Pipeline, L.P. currently has a pipeline located within a private easement along the new
alignment of WCR 9.5. Currently, no road section line ROW exists as this is on a quarter section line. Public
Works is requesting Plains All American lower the existing pipe line in its current location to a depth low
enough not to interfere with the road construction of WCR 9.5. Attached is a reimbursement agreement for this
work.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The Board could either accept or not accept the reimbursement agreement. The cost for the work is estimated at
$87,062.50 and the work must be completed prior to the construction of the roadway which is anticipated to
begin in the next few months. Not accepting this agreement could result in the WCR 9.5 project not meeting
completion deadlines.
Recommendation to the Board:
Since All American Pipeline has an existing private easement and we are constructing over their easement, I
recommend approval for the reimbursement agreement. The costs for this work will be paid from the funding
recieved from CDOT for this project.
Approve Schedule
Recommendation Work Session Other
David E. Long
William H. Jerke
William F. Garcia
Robert D. Masden
Douglas Rademacher
Attachments
pc:
M:MActive Projects\Strategic Corridor WCR 9.5 Frontage Rd.Realignment to SH 66\Design\Contracts\Work Session Request PAA.doc
PLAINS Direct: (713)646-4224
Attorney Mike Kelly ALL AMERICAN Fax: (713)646-4216
atia PIPELINE,L.P.
May 24, 2007
Mr.Wayne Howard Via ade73I X
Weld County Public Works Department c
PO Box 758 '
Greeley, Colorado 80632
L MAY 2 5 2007 ',I
Re: Weld County, Colorado Relocation and Reimbursement Agreement
(Our File L5601)
WELD COUNTY PUBLIC WORKS DEPT
Dear Mr Howard:
Encloses please find three (3)copies of the Weld County, Colorado Relocation and Reimbursement
Agreement signed by Rocky Mountain Pipeline System LLC. We ask that you please have the
appropriate authorized representative with Weld County Public Works Department execute each of the
documents and return one executed original to me at the address below.
Thank you for your assistance in this matter. Please call me if you have any questions.
Very truly yours,
Rocky Mountain Pipeline System LLC
Michael S. Kelly
Plains All American GP LLC, General Partner of Plains AAP, L.P.,
PAR LAWCOM drm3v1 the General Partner of Plains All American Pipeline, L.P.
333 Clay Street, Suite 2900 (77002) ■ P.O. Box 4648 ■ Houston, Texas 77210-4648 ■ 713-646-4100
AGREEMENT
THIS AGREEMENT, by and between:
Rocky Mountain Pipeline System LLC
333 Clay, 16th Floor
Houston, Texas 77002
AND
Weld County Public Works Department
1111H Street
PO Box 758
Greeley, Colorado 80632
WITNESSETH:
WHEREAS, Rocky Mountain Pipeline System LLC ("the Company") is owner of a right-of-way
grant as evidenced by that certain Right of Way Conveyance dated June 3, 1947, and
recorded in the office of the Weld County, Colorado Clerk at Book 1208, Page 249 (the "Right-
of-Way") consisting of an easement over and across certain property located in the SW Y< of
Section 26, Township 3 North, Range 68 West, in the County of Weld, State of Colorado (the
"Real Estate") under terms of which Right-of-Way, the Company owns, maintains, and
operates a petroleum products pipeline ("Pipeline") traversing the Real Estate; and
WHEREAS, Weld County Public Works Department ("the County") has requested the
Company to lower the Pipeline at the intersection of WCR 28 and WCR 9.5 as part of a Weld
County road project.
NOW, THEREFORE, the parties hereto for and in consideration of their mutual promises,
performances, and covenants, agree as follows:
1. Company agrees to lower approximately 600 feet of its 8" main line by conventional
pipe laying methods in the area of the new roadway (WCR 9.5) as shown on the
drawing attached hereto as Exhibit "A" and depicting the location of the Pipeline as
crossing WCR 9.5.
2. County agrees to reimburse Company for 100% of all its actual costs associated with
the relocation of the Pipeline, as set forth in the cost estimate Exhibit "B," which is
attached and made a part hereof. Payment in the amount of half of the estimate is due
and payable with the execution of this Agreement. Upon completion of the project
Company will invoice County for the remaining balance of the total actual costs of the
PAA:LAW COM':58878v1
project for labor, material, equipment, supervision, overhead and other related costs
attributable to the pipeline lowering.
3. County agrees to submit payment for said invoice within thirty (30) days from the date
of the invoice. Interest, at a rate of 12% (or the highest legal rate allowed by law) per
annum, shall be charged for late payment.
4. Company will schedule said work, and begin material procurement after receipt of the
agreed executed Agreement and payments of half (50%) the estimate amount.
It is understood and agreed by and among Company and County that in performing the
work covered by this Agreement performed by or on behalf of the Company, the Company,
its agents, servants, and employees shall be entitled to rely upon the plans, surveys,
profiles, and any other information furnished to Company by County and County shall
reimburse Company for, and defend, indemnify and hold the Company harmless from and
against any and all loss, costs, damages, expenses, (including with out limitation attorney's
fees) claims, suits, and liability arising directly or indirectly out of or in connection with the
performance of this Agreement and the reliance of Company on the information provided
by the County.
This Agreement is Executed this the 18th day of June , 2007.
Company:
Rocky Mountain Pipeline System LLC BOARD OF COUNTY COMMISSIONERS OF
WELD e:.. TY, STATE OF COLORADO c.By: C _ C By: is - (`�
Name: Daniel J. Nerbonne Name: David E. Lon_
Title: Vice President Engineering �1 i-' • air hs-n JUN /8 2007
/
k a 7f-1nil '�[ d County Clerk to the Board
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PLAINS ROCKY MOUNTAIN PRODUCTS PIPLINE
Weld County Road 9.5 Lowering Project
Cost Estimate
T3N R68W SW of SE 1/4 Se of SW 1/4 Sec 26
Weld County/North Side W/C RD 28
Qty Units Description Unit Price Subtotal Total
6 Ea Coating for spot repairs(Mastic) $300.00 $1,800.00
65 Yds Concrete(Coating Pipe within C/R ROW) $90.00 $5,850.00
1 Lot Misc.Materials $5,000.00 $5,000.00
Material Total $12,850.00
Contract Labor
7 Days Excavation Prior to lowering $2,000.00 $14,000.00
1 Days Lowering $2,000.00 $2,000.00
2 Days Concrete Coating $2,500.00 $5,000.00
3 Days Backfilling/Compaction $3,000.00 $9,000.00
$30,000.00
Inspections and Supervision
13 Days Company Supervision and Equipment $750.00 $ 9,750.00
3 Days Compaction Testing $750.00 $ 2,250.00
1 Lot Engineering Costs $15,000.00 $15,000.00
(To include GIS Survey) $ 27,000.00
25%Contingency $ 17,412.50
Grand Total $87.062.50
Scope:
Excavate 1000'of 8"pipeline
Lower 600'of 8"pipeline
Concrete Coat approximately 200'of 8"pipeline
•
EXHIBIT
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