HomeMy WebLinkAbout20210258.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF TANK BATTERY AND
ASSOCIATED FLOWLINES FOR COUNTY ROADS 66/41 INTERSECTION PROJECT
AND AUTHORIZE CHAIR TO SIGN - PDC ENERGY, INC.
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 a
Tank Battery and the Associated Flowlines for the County Roads 66/41 Intersection 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
PDC Energy, Inc., commencing upon full execution of signatures, and ending April 1, 2021, 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 a Tank Battery and the
Associated Flowlines for the County Roads 66/41 Intersection 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 PDC Energy, Inc., 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 January, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d.„„f„,,,, �', .aClto•�,c.
Weld County Clerk to the Board
Deputy Clerk to the Board
BY:
APPR
ounty Attorney
Date of signature:
41,
Lori Saine7
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2021-0258
EG0079
MEMORANDUM
TO: Esther Gesick, CTB DATE: January 14, 2021
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Relocation Agreement with PDC for Relocating a
Tank Battery
Please place the attached relocation agreement on the BOCC agenda for an upcoming 9 am hearing.
The agreement is for the relocation of the Bohlender 1-20 and 43-20 Tank Battery. The tank battery has
to be relocated because it is in an area being acquired as ROW for the new roadway widening that is
occurring at the intersection. PDC provided a relocation cost of $185,325 to remove and relocate the
tank battery to a new location outside of the proposed ROW.
The agreement is for an amount not to exceed $185,325.00. The Board approved this agreement to be
placed on the agenda via a pass around request that was returned on January 13, 2021. The pass
around request was signed by all five county commissioners.
I will plan on attending the meeting to answer any questions.
Page I of I
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2021-0258
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Relocation Agreement for PDC Bohlender 1-20 and 43-20 Tank Battery
DEPARTMENT: Public Works DATE: 01/07/21
PERSON REQUESTING: Clay Kimmi / Don Dunker
Brief description of the problem/issue:
Public Works is starting the ROW acquisition and utility relocation phases of the CR 66 and CR 41 Intersection
Improvement project. PDC operates a tank battery located adjacent to CR 66 which serves the Bohlender 1-20
and 43-20 wells. The tank battery is located in an area that has to be acquired as ROW for the new
improvements that are being constructed. PDC has provided a relocation cost of $185,325.00, The relocation
costs have been included in the 2021 project budget.
The agreement has been reviewed and approved by the County Attorney's Office.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Sign the agreement so PDC can be paid to relocate the tank battery that is located outside of the existing
ROW
• Don't sign the agreement. If the agreement is not signed, PDC is under no obligation to relocate the
tank battery. Failure to relocate the tank battery will cause delays in the utility relocation phase of the
project and will affect the construction schedule.
Recommendation:
Staff recommends approving the relocation agreement.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott James, Pro Tem
Steve Moreno, Chair
Lori Saine
Schedule
Work Session Other/Comments:
AGREEMENT FOR RELOCATION OF TANK BATTERY AND ASSOCIATED
FLOWLINES BETWEEN PDC ENERGY, INC. AND WELD COUNTY GOVERNMENT
FOR THE WELD COUNTY ROAD 66/41 INTERSECTION PROJECT
THIS AGREEMENT, made and entered into this day of
between PDC ENERGY, INC., a Delaware corporation with Colorado 0
Street, Suite 3000, Denver, CO 80203, (hereinafter called "PDC") and TH
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").
2021, by and
es at 1775 Sherman
OUNTY OF WELD,
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 WCR66/41 Intersection Project, (hereinafter the "Project"), and
WHEREAS, to construct the Project, County has acquired property rights from private
property owners to utilize as WCR66 and WCR41 right-of-way, and
WHEREAS, PDC owns the Bohlender 1-20 and 43-20 tank battery and associated
flowlines currently located outside of the CR 66 and CR 41 right-of-way, and
WHEREAS, the property burdened by PDC's existing tank battery is within CR 66 and
CR 41 right-of-way being acquired to complete the Project, and
WHEREAS, PDC is willing to relocate the existing tank battery located in the future CR66
and CR 41 right-of-way to facilitate the construction of the Project, and
WHEREAS, County is willing to reimburse PDC for the expenses it will incur as a result
of the relocation of its tank battery.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
I. PDC RIGHTS and RESPONSIBILITIES
1. PDC Tank Battery Relocation: PDC shall relocate the existing tank battery and
associated flowlines 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 tank battery
shall be removed and relocated to another existing tank battery located to the north of the Project
Area. All work necessary to accomplish the PDC relocation shall be performed in accordance with
PDC specifications, in accordance with accepted engineering practices, and in compliance with all
applicable Weld County, State of Colorado and Federal laws, rules and regulations.
2. Tank Battery Relocation Not to Conflict with Improvements: PDC agrees that
the new location of the relocated tank battery and associated flowlines shall not conflict with the
proposed roadway improvements or other utility relocations as depicted on Exhibit A.
1
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Carly Koppes, Clerk and Recorder, Weld County, CO
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3. Timing of Tank Battery Relocation: PDC shall complete the tank battery and
associated flowline relocations and removal of the existing tank battery prior to April 1, 2021. In
the event that it is not possible to relocate the tank battery and associated flowlines by the due date,
PDC shall notify Weld County of the potential delay. Weld County may extend the deadline
provided the new deadline does not impact Weld County's construction schedule.
4. PDC Responsible for Traffic Control: Throughout the relocation process, PDC
agrees that it shall be responsible for coordination of traffic control if necessary and as established
by the latest version of the "Manual on Uniform Traffic Control Devices" (MUTCD).
5. PDC Shall Obtain Right -of -Way Permits: PDC shall obtain all necessary
permits from County required for its relocation work.
6. Reliance on PDC Expertise: County and PDC recognize that County is relying
solely on PDC to perform the relocation of the tank battery and associated flowlines in a manner
which will ensure the future integrity of the road improvements to be constructed by the County.
Therefore, as part of its assurances under this Agreement, PDC affirms that it has enough liability
insurance, to satisfy any claim of negligence, intentional wrongful acts or other acts or omissions
which may arise because of any failure of the road caused by an improper relocation of the tank
battery.
7. PDC Warranty: PDC 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. PDC's Responsibility to Indemnify and Additional Agreements: PDC shall
defend and indemnify County from and against loss or liability to the extent arising from its acts,
errors or omissions in seeking to perform its obligations under this Agreement. Following the
execution of this Agreement and for a period of twelve months following the completion of the
project, PDC shall include the County as additional insureds on a General Liability insurance
policy, at a minimum of $1,000,000 coverage limit per occurrence. PDC is liable for any damage
to any third parties to the extent 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,
PDC 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 PDC 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
2
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII IIIP IIIIIWE1n IdliNigirlIClIII:filliah III III
1. Estimates of Relocation Expenses: County has agreed to reimburse PDC for the
expenses incurred in fulfillment of its obligations under this Agreement as set forth in the Exhibit
B, estimated to be $185,325.00.
2. Increases/Decreases in Estimated Expenses: PDC 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, PDC 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%). Any PDC
easements required for the relocation of its pipeline and tank battery shall be acquired by PDC.
3. County to Stake Right -of -Way and Easements: County shall establish and stake
the County right-of-way within the work area prior to relocation of PDC tank battery and
associated flowlines. 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 PDC's commencement of relocation construction. In such an event, the County shall
pay PDC for all expenses which were incurred by PDC related to the Project, including but not
limited to engineering, materials, equipment, surveying, crop damages, right-of-way payments,
paid for by PDC, 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.
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 facility and
flowlines will be completed on or before April 1, 2021. Financial obligations of the Board of
County Commissioners of Weld County payable after the current fiscal year are contingent upon
3
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 INFAMY uiinliAkI VI VIIM rk'ilMith 111111
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 December 31, 2021.
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. Attorney Fees/Legal Costs: In the event of a dispute between County and PDC,
concerning this Agreement, the parties agree that neither PDC nor Weld County shall be liable to
or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the
other party.
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 PDC 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 tern 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.
PDC EN
By: l2.11 o24,
Paul senand Date
Title: Director of Land Operations, and Attorney -in -Fact
Weld Co my Clerk to the B
BY: - • _ r i
Deputy Clerk t
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair
JAN 2 5 1011
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Exhibit A
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Computer File Information
Index of Revisions
WELD COUNTY
As Constructed
CR 66 / 41 INTERSECTION
P D C ROW
EXHIBIT
Project No./Code
Creata+Date 10/29/2020 Initials —
-, ..
3_]:..t✓R'(S.) 'AR'Viiti'
No Revsorn
Last Voc hed Date :0729/2020 Initials —
-"1 k. STREET I P O. BOX 758 GREELEY. C.O. 80632-0758
PHONE (970) 3584000 =AX ;VT in4-F497
HORROCKS
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F-IPatn C\R1N WCRK1r+ORROCI(51D0301358
Rersed
Desgner
DTarnq Fie Name a 55_aDC ROW DING
Detaler y.
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Carly Koppes, Clerk and Recorder. Weld County; CO
Kik N II III
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Exhibit B
Bohlender Facility Relocation
Abandon Battery
$
15,000.00
New Flowlines
$
55,500.00
Abandon / Remove Flowlines
$
6,000.00
Bore
$
10,000.00
Survey / Permits
$
5,000.00
ROW
$
75,000.00
Soil Compaction Testing
$
10,000.00
Total Estimated Cost
$
176,500.00
5% Contingency
$
8,825.00
Total Estimated Cost with Contingency
$
185,325.00
Note: Itemized invoices from PDC's subcontractors will be required as backup
documentation to substantiate the relocation costs.
6
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 firdIn PANMuK1W IGlm111111
New Contract Request
Entity Information
Entity Name*
PDC ENERGY, INC.
Entity ID*
','00015331
Contract Name*
PDC TANK BATTERY RELOCATION AGREEMENT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4373
Contract Lead*
CKIMMI
Contract Lead Email
CKirnmigco.weld.co.us
Contract Description*
RELOCATION AGREEMENT FOR THE BOHLENDER TANK BATTERY.
Contract Description 2
TANK BATTERY HAS TO BE RELOCATED AS PART OF THE CR 66 AND CR 41 PROJECT
Contract Type *
AGREEMENT
Amount *
5185,325.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks.fweldgov.com
Department Head Email
CM-PublicWorks-
DeptHead?weldgov,com
County Attorney
BOB CHOATE
County Attorney Email
BC:HOATETCO.WELD.CO.US
tf this is a renewal enter previous Contract ID
If this is part of a MSA enter NISA Contract ID
Requested BOCC Agenda
Date*
01x18,2021
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-45
Due Date
01=14,'2021
Will a work session with BOCC be required?'*
HAD
Does Contract require Purchasing Dept. to be included?
NO
Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Termination Notice Period
Review Date*
0107,2021
Committed Delivery Date
Renewal Date
Expiration Date*
123112121
Contact Information
Contact Info
Contact Name
Contact Type Contact Email
Contact Phone I Contract Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
01,=14.2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
01;25 2021
Originator
CKIMMI
Finance Approver
BARB CONNOLLY
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
01,'18!2021 01:18''021
Tyler Ref #
AG 01521
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