HomeMy WebLinkAbout20221370.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF GAS/OIL PIPELINES FOR
COUNTY ROADS 33 AND 74 INTERSECTION PROJECT AND AUTHORIZE CHAIR TO
SIGN - DCP OPERATING COMPANY, 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 the Relocation of
Gas/Oil Pipelines for the County Roads 33 and 74 Intersection Project (aka Roundabout 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 DCP Operating
Company, LP, commencing upon full execution of signatures, and ending December 31, 2022,
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 the Gas/Oil Pipelines for the County
Roads 33 and 74 Intersection Project (aka Roundabout 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 DCP Operating Company, 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 16th day of May, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: dej€44.)�.
ott K. James, Chair
Weld County Clerk to the Board
Countytorney
Date of signature: S/20 727 —
CC ; pc.1(ER/cH /DD /Mg)
2022-1370
EG0080
6/1 /22.
CpYA•ticl' (1).153 05
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: DCP Midstream Relocation Agreement for WCR33/74 Roundabout Project
DEPARTMENT: Public Works
PERSON REQUESTING: Don Dunker and Michael Bedell
DATE: May 5, 2022
Brief description of the problem/issue:
The WCR33/74 Roundabout Project requires relocation of existing 3" and 8" diameter gas pipelines located in
DCP Midstream easements adjacent to our ROW on the west side of WCR33, and both south and north of
WCR74. These pipelines need to be moved approximately 100 feet further away from County roads, to provide
adequate area for the upcoming roadway improvements. DCP Midstream has chosen to just reconstruct an 8"
diameter pipeline under this Relocation Agreement (see attached). If in the future DCP Midstream chooses to
reconstruct a second pipeline, Weld County will not be responsible for any of that potential future cost. Public
Works and DCP Midstream have developed a proposed Relocation Agreement by which the County will
provide new easement areas from two affected landowners and compensation for removal of two existing
pipelines and reconstruction of one new pipeline.
The attached Relocation Agreement has been signed by DCP Midstream and has been reviewed by the County
Attorney's Office. The proposed construction cost of the relocation work is $509,620.00. The proposed
completion date for the work is December 31, 2022. This completion date assumes the associated new
easements will have been acquired prior to September 10, 2022.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options):
• Allow the attached Agreement to be placed on the next available BOCC agenda for signature.
• Request changes be made to the attached Agreement.
• Request a work session to discuss.
Recommendation:
Staff recommends approval of the Agreement as written.
Approve Schedule
Recommendation Work Session
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
Other/Comments:
2022-1370
05/(to
EC ooso
AGREEMENT FOR RELOCATION OF GAS/OIL PIPELINES
BETWEEN DCP MIDSTREAM AND WELD COUNTY GOVERNMENT
FOR THE WELD COUNTY ROAD 33/74 INTERSECTION PROJECT
THIS AGREEMENT, made and entered into this Weday of , 2022, by and
between DCP OPERATING COMPANY, LP, a Delaware limited partners ' with Colorado
offices at 370 17th 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").
WITNESSETH:
WHEREAS, to promote the safety of the citizens of Weld County and other members of
the travelling public, County has undertaken the construction of a public improvement project,
known as the WCR33/74 Roundabout Project, (hereinafter the "Project"), and
WHEREAS, to construct the Project, County has acquired property rights from private
property owners to utilize as WCR33 and WCR74 right-of-way, and DCP easement, and
WHEREAS, DCP owns a 8 -inch pipeline and a 3 -inch pipe currently located in WCR33
and WCR74 right-of-way, and DCP easements, and
WHEREAS, the properties burdened by DCP's existing easements are within WCR33 and
WCR74 right-of-way being acquired to complete the Project, and
WHEREAS, DCP is willing to remove the existing 8 -inch pipeline and 3 -inch pipeline
located in WCR33 and WCR74 right-of-way and DCP easements, and construct a new 8 -inch
pipeline to facilitate the construction of the Project, and
WHEREAS, County is willing to reimburse DCP for the expenses it will incur as a result
of the removal of its existing pipelines located within its existing easements, and construction of a
new pipeline.
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
1. DCP Pipeline Relocation: DCP shall relocate as depicted on the Project
Engineering Drawings, (copies of which are attached hereto as Exhibit A and by this reference
made a part hereof). The existing 3 -inch and 8 -inch pipelines shall be removed and DCP shall
vacate those portions of their existing 35 -feet wide privately -owned easements which are no longer
needed. Most of the new 8 -inch pipeline will be located within newly acquired 35 -feet wide DCP
privately -owned easements. The new 8 -inch pipeline will cross under WCR74 right-of-way. All
work necessary to accomplish the DCP pipeline relocation 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.
1
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2. Pipeline Relocation Not to Conflict with Improvements: Most of the new 8 —
inch pipeline will be located within the newly acquired 35 -feet wide DCP privately -owned
easement located outside of County right-of-way. DCP agrees that the new location of the
relocated DCP pipeline shall not conflict with the proposed roadway improvements or other utility
relocations as depicted on Exhibit A.
3. Timing of Pipeline Relocation: DCP shall complete the relocation work prior
to December 31, 2022. This completion deadline assumes the County will have acquired all the
necessary right-of-way and easements no later than September 10, 2022, and the completion
deadline will be extended accordingly if this date is not met by the County.
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 latest
version of the "Manual on Uniform Traffic Control Devices" (MUTCD).
5. DCP Shall Obtain Right -of -Way Permit: DCP shall obtain the necessary right-
of-way permit from County required for its 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 new 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 enough liability
insurance, to satisfy any claim of negligence, intentional wrongful acts or omissions which may
arise because of any failure of the road caused by improper relocation of the new 8 -inch 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 Exhibits A and B.
8. DCP's Responsibility to Indemnify and Provide Insurance: DCP shall defend
and indemnify County from and against loss or liability arising from its 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 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. DCP is
liable for any damage to any third parties caused by their relocation work, including but not limited
to, damage to agricultural or other infrastructure.
9. Test Results and Drawings: Upon completion of the work and if applicable,
DCP shall submit to County originals of any test results, drawings, etc., generated during
completion of this work. Acceptance by County of these documents 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.
2
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II. COUNTY RIGHTS and RESPONSIBILITIES
1. Estimates of Relocation Expenses: County has agreed to reimburse DCP for
the expenses incurred in fulfillment of its obligations under this Agreement as set forth in the
Exhibit B, estimated to be $509,620.00.
2. Increases/Decreases in Estimated Expenses: DCP has estimated the total
cost of said relocation, which includes specific work outlined in the Exhibits A and B. If final
actual costs of relocation are less than the estimated amount, DCP shall invoice the County for the
actual costs only. If the final relocation costs exceed the attached Exhibit B, County shall pay those
reasonable additional expenses up to a maximum of an additional five percent (5%). County shall
acquire DCP easements located on parcels of land owned by Vic Leffler and Sons Inc. and Don
Anderson Inc. as shown on Exhibit A and pay for all expenses incurred in the acquisition of the
easements. Any other DCP easements required for the relocation of its pipeline shall be acquired
by DCP. County shall pay half of the amount set forth in Exhibit B within thirty (30) days of the
complete execution of this Agreement and the balance upon receipt of a final invoice and
completion of the work.
3. County to Stake Right -of -Way and Easements: County shall establish and
stake the County right-of-way and DCP 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.
4. 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 and for materials and
equipment purchased or ordered and paid for by DCP, which cannot be returned for a refund, 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 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.
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4. Time of the Essence: Time is of the essence in each and all the provisions of
this Agreement.
5. Fund Availability: This Agreement assumes that the relocation of the pipelines
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. Severabilitv: 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. Attorney 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 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.
4
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Carly Kappa's, Clerk and Recorder, Weld County , CO
SIGNATURE PAGE
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 OPERATING COMPANY, LP
By:
Title: "7i�%, 7
ATTEST:
Weld Cot ty Clerk to the B . r
BY•
Deputy Clerk to
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Carly Koppes, Clerk and Recorder, Weld County , CO
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ate
BOARD OF COUNTY COMMISSIONERS
WELD,OUNTY, COLORADO
Scott K. James, Chair MAY 16 2022
. oaa?-/57o
LAND OWNER CONTACT INFORMATION
NO. OWNER OR COMPANY ADDRESS OR EMAIL NAME AND PHONE NUMBER
1 _ Vic Leffler and Sons Inc.
2 Don Anderson Inc.
35945 CR 35, Eaton, CO 80615-8702
15427 CR 74, Eaton, CO 60615-8611
Russ Lefler (970-381-2455)
Cade Anderson (908.329-5324)
3 Edward and Monika Mika
15681 CR 74, Eaton, CO 80615
Edward Mika (970-397-9607)
EXHIBIT A
UTILITY CONTACT INFORMATION
NO. OWNER OR COMPANY
ADDRESS OR E-MAIL
NAME AND PHONE NUMBER
Cantury Link (Phone 8 Fiber)
acrispeAtenatechllc.net
Gary Cdspe (303-995-1465)
1
robert.rulli(Ncenturylink.com
Robert Rulli (970-988-2120)
2 7DS Telecom (Fiber)
bethoolsonatdstelecom.com
Beth Poison (865-8714548)
willimn.tniill tdstelecan.
Bill Trujillo(719-602-3551)____.__
_._._?_......._........._
3 North Weld County Water District
,,,
jaredrenwcwd.oro
Jared Rauch (970-3563020)
3
dcowin�pnrddenceic.ccm
Dillon Caving (970-997-5035)
3
clpytlikenproAdenceic.com
Darin Pytlik (970-290-9893)
4 Xcel Energy (Heade,
d_erme amelenergy.com
Al Erma (970-395-1237)
4
pat.kreacie,xcelenergy.ecm
Pat Kreager (970-5664416)
5 DCP Midstream (gasloli)
Magenlockendcpmidstream.com
Lewis Hagenlock (970-3788351)
rreinick(r4dcpmidsiream.coon
Randy Reinick (970-539.1701)
6 PDC Energy (gasloil)
tammy_watersKinpdce.com
Tammy Waters (970-313-5521)
7 Bayswater ESP, LLC
thammond nba swater.us
Tyler Hammond (303-675-5875)
8 Noble Energy (gasloll)
tl.manslelddbchewon.com
TJ Mansleld (970-631-2343)
Computer File Information
Creation Dale: 4/04/2022 Initials: CLW
Index of Revisions
WELD COUNTY
As Constructed
WCR 74 / 33 INTERSECTION
UTILITY CONTACT INFORMATION
Project No./Code
Date
Commend
Initials.
PUBLICWORkS,F,TMENT
1111 H. STREET
P.O. BOX 759
GREELE,GiN. 80832-0758
PHONE'. 1---,64000
FAX: (6370)E497
No Rev...
Lea Modified Dale: 4/042022 Initials: CLW
PROJ: 23044, 1/STU CO30-078
FWI PaIh: m.waoJaera_oeslaMwLn 7a nrvuwcs
wreassenoMraeouenaa owes
Mewing Fde Neme: WCR 74_F>(UTILOWG
A
-
Revised
Designer: CLW I
Detailar: CLW
GR-55
-
-
-
_
void:
Sheet Subset: Sheet Subset
Sheet Number 28 of 221
indoCAD Version 2021 Seale: AS NOTED Units: English
dcp
Midstream
EXHIBIT B
DCP Midstream
3026 4th Avenue
Greeley, CO 80631
www.dcprnidstn3am.com
C ST ESTIIVIATE
6 -Apr -22
DESCRI PTI ON
SEND TO:
FROM:
County Road 74 & 33 Removal/Relocate
Weld County Public Works
DCP Operating Company
Remove 3100' of 8 -inch pipe
1111 H Street
Lew Hagenlock
Remove 3100' of 3 -inch pipe
Greeley, CO 80631
3026 4th Avenue
Lay 2700' of 8 -inch pipe
Greeley, CO 80631
Lay and Bore 250' of 8" pipe
970-378-6351
2 - 8" Hot tap tie-ins
8 - line crossings
DESCRIPTION
TOTAL
Pipe and Fittings
$79,991.00
Environmental/Storm Water
$0.00
Misc.Materials
Gravel, silt fencing, reseeding
$7,500.00
Burnt Mountain Services LLC
$291,300.00
DCP Company Labor
$12,000.00
X - ray
20 days
$22,000.00
Nitrogen
$0.00
Construction Inspector
45 days
$45,000.00
ROW & Mapping
$5,500.00
Survey
$0.00
Pot Hole
$0.00
Force Account
$46,329.00
TOTAL:
$509,620.00
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Carly Kopp., Clark and Recorder, Wald County , CO
IIIII PAT hi' I'CPU II ��4�Wil;1 iW 111 IDIA1011,4 Bill
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID*
DCP OPERATING COMPANY LP x00040422
Contract Name*
33-74 RELOCATION AGREEMENT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
5805
Contract Lead
MBEDELL
Contract Lead Email
M Be del IOco.weld.co. u s
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-55
Contract Description*
A RELOCATION AGREEMENT ASSOCIATED WITH GAS PIPELINE LOCATED IN AN IXISTING PRIVATE EASEMENT WHICH NEED TO
BE RELOCATED FOR THE UPCOMING CONSTRUCTION OF THE 33174 ROUNDABOUT PROJECT.
Contract Description 2
Contract Type
AGREEMENT
Amount*
$509,620.00
Renewable*
NO
Automatic Renewal
De rtment
PUBLIC WORKS
Department Email
C:M-
Publ icWo rksweldgov.com
Departrrient Head Email
CM-PublicWorks-
DeptHead reldgo•v.com
County Attorney
GENERAL COUNTY
A f 1 ORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEY@WELDG
OV.COM
Requested BOCC Agenda
Date*
05/18/2022
Due Date
05,14 2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
D
Review Date*
12/31 2022
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date*
12;'31!2022
Contact Information
Contact Info
Contact Name Contact Type
Purchasing
Contact Phone 1 Contact Phone 2
chasing r Purchasing Approved [fate
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
05/11?2022
Final Approval
C Appr
ROCC Signed Date
ROCC Agenda Date
05; 16/'2022
Driginator
MBEDELL
Finance Approver
CHERYL PA I I ELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
05/11,2022 05;11,+2022
Tyler Ref #
AG 051622
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