HomeMy WebLinkAbout20202951.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF GAS/OIL PIPELINES FOR COUNTY
ROAD 72 RAILROAD CUL-DE-SAC 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 Relocation of Gas/Oil
Pipelines for the County Road 72 Railroad Cul-de-sac 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, 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 Pipelines for the County Road 72
Railroad Cul-de-sac 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 28th day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditilim) Jdoitk
Mike Freeman, Chair
Weld County Clerk to the Board
Steve/Moreno, Pro-Tem
BY:
Deputy Clerk to the Board
K. James
APP
y Attorney
Kevin D. Ross
Date of signature: 09 /3O/24
cc: pw (DD/ER/cw)
to/O 1 /20
2020-2951
EG0078
Cord -?-15,c4- Tai 1/go
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: DCP Facilities Relocation Agreement for WCR 72 Cul-de-sac
DEPARTMENT: Public Works DATE: 9/18/2020
PERSON REQUESTING: Don Dunker
Brief description of the problem/issue:
On September 17, 2018, the Commissioners vacated WCR 72 through railroad property to US 85. As a result of
the closure, Weld County Public Works has designed a gravel cul-de-sac to be constructed on WCR 72 just east
of the railroad tracks. This project will require the relocation of a pig launching station and associated 6 -inch
pipe owned by DCP. These existing facilities are located in a private easement and will be relocated into a new
private easement. DCP and Weld County have developed a relocation agreement to compensate DCP for
moving their facilities.
The attached agreement has been signed by DCP and reviewed by the attorney's office. The proposed cost of
the agreement is $34,132.00. These costs will be paid from the $6 million dollars we received from CDOT in
accordance with our IGA. We anticipate DCP beginning work by October 15' and finishing the utility
relocation by November 1, 2020. Public Works is on schedule to complete the remaining improvements by the
end of the year.
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.
• Schedule a work session to further discuss the attached Agreement.
Recommendation:
Staff recommends approving the agreement and allowing it to be placed on the next available BOCC agenda for
signature.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Kevin D. Ross
Approve Schedule
Recommendation Work Session
Other/Comments:
2020-2951
E5-00776
AGREEMENT FOR RELOCATION OF GAS/OIL PIPELINES
BETWEEN DCP MIDSTREAM AND WELD COUNTY GOVERNMENT
FOR THE WELD COUNTY ROAD 72/RAILROAD CUL-DE-SA PROJECT
71/
THIS AGREEMENT, made and entered into this day of , 2020, by and
between DCP OPERATING COMPANY, LP, a Delaware limite part ership 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 WCR72/RAILROAD CUL-DE-SAC PROJECT, (hereinafter the "Project"), and
WHEREAS, to construct the Project, County has acquired property rights from private
property owners to utilize as WCR72 and DCP easement, and
WHEREAS, DCP owns a 6 -inch pipeline and a pig launching station currently located in
privately -owned easements along WCR72 right-of-way, and
WHEREAS, the properties burdened by DCP's existing easements are within WCR72
right-of-way being acquired to complete the Project, and
WHEREAS, DCP is willing to remove the existing 6 -inch pipeline and pig launching
station located in WCR72 right-of-way and its privately -owned easements, and construct new
pipelines 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 relocation of its pipelines located within its existing easements.
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 the existing pipelines 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 pipelines shall be removed and DCP shall vacate
those portions of their existing privately -owned easements which are no longer needed. Most of
the new pipelines will be located within newly acquired DCP privately -owned easements. The 6 -
inch pipeline will cross into WCR72 right-of-way. All work necessary to accomplish the DCP
pipeline relocations 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
O,2O,2O 02-9a'/
2. Pipeline Relocation Not to Conflict with Improvements: Most of the new
pipelines will be located within the newly acquired DCP privately -owned easement located outside
of County right-of-way. DCP agrees that the new location of the relocated DCP pipelines shall
not conflict with the proposed roadway improvements or other utility relocations as depicted on
Exhibit A.
3. Timing of Pipelines Relocation: DCP shall complete the pipelines relocations
prior to November 1, 2020. This completion deadline assumes the County will have acquired all
the necessary right-of-way and easements no later than October 15, 2020 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 Permits: DCP shall obtain all necessary
permits 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 pipelines in a manner which will ensure the future
integrity of the pipelines 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 other acts or omissions which may
arise because of any failure of the road caused by an improper relocation of the pipelines.
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 Additional Agreements: 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
II. COUNTY RIGHTS and RESPONSIBILITIES
I . 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 $34,132.00.
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 Omaha Track Inc. as shown on
Exhibit A and paid 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
pipelines. 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.
3
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. 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
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
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
B
Title: ,d971,4...7t.—i y .,�i #01C70 -e- 7/
ATTEST:
Weld Co
BY 4iii ki—Lt 41
Deputy Clerk tt/T-te C oard /1 i
•
Date
9.//J// a.oy.6
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
rrat:3,Le_
Mike Freeman, Chair SEP 2 8 2020
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LOCATION OF
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EXHIBIT A_
OMAHATRACK INC.
PROPOSED PERMANENT DCP
EASEMENT 30 FT WIDE
ADJA.ENT TO PROPOSED ROW
2C FOOT MLR'tMUU OFFSET OF
RELOCATED FACILITIES TO
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EASING • 22224252
151.2
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Index of Revisions
Dato
.,ArYnert:
WELD COUNTY
As Cunstructeu
324/:',:0
AGM) uTIUTV INFO
MDL
PUBLIC WORKS DEPA I MEN
1111 H. STREET
P.O BOX ma
GREELEY. CO. 8063L•. ^_
PHONE (970) %4-4X•
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Revised
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WCR 72 DCP AGREEMENT
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Index of Revisions
r
Date
Comment.
Inr.,als
WELD COUNTY
As Constructed
51-24/2020
ACCEC UTILITY INFO
RAIL IC WORKS APART MEN I
1111 H. STREET
P.O. BOx is,
GREELEY co 60F31•: `_4
PHONE ('97013'56-c:'
FAX (970) 303449'
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Index of Revisions
. lie
Car meats
Intals
WELD COUNTY
104/2020
ADDED UTILITY INFO
MCL
Ptj0LICWORKS iRK SDEPARTMENT
PA
1
P.O. BOX TSB
GREELEY CO. 86532!756
=NONE (070) 356-40".0
FAX 0310) 3044431
As Constructed
No Revisions
Revtsto
vcad
VVCR 72 RR CLOSURE
CULVERT 3-WCR72-EXHIBIT A
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Project No./Code
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OFFSET 5257 R
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EXHIBIT A
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Row Row ROW
WCR 72 POTHOLE DATA
PH#
UTl 11 TY
SIZE
EXISTING
GROUND REV
MEASURE
DOWN (FT)
TOP OF UTILITY
ELEVATION
1
GAS
6'
4794.36
4.5
4789.86
2
GAS
6"
4795.3
4.16
4791.14
3
GAS
6'
4795.33
4
4791.33
4
GAS
6"
4795.4
3.5
4791.9
S
TELEPHONE
3/8'
4795.86
3.58
4792.28
6
TELEPHONE
3/3'
4793.77
1 82
4791 95
PROPOSED 29' a I C
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Computer File Information
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Index of Revisions
Cc rtrrer M
IrtiH!e
WELD COUNTY
As Constructed
WED UTILITY INFO
MDL
PUBLIC V CRKS DEPART MEW
1111 1t STREET
P0.BOX 754
GREEI.EY CO 805]2-0i5,i
PI fl t ; 356-4000
304-649
WCR 72 RR CLOSURE
UTILITY POTHOLE EXHIBIT A
Project No Code
aev,5a0
CHtrgne' ,A LaP CRTE
Va'a
Deta'er to La'Oq E
Sated SuCsct
SNeat SuCsc2
5r':;, t...r,-De' 4 a 4
dc-
Midstream.
EXHIBIT B
DCP Midstream
3026 4th Avenue
Greeley, CO 80631
www.dcpmidstream.com
te.
....
'
e
C
0
MA
,
30 -Jul
-20'
DESCRIPTION
(SEND
TO:
FROM:
Highway
85 & CR
72
Weld
County
Public
Works
1
DCP
Operating
Company
Relocate
Receiver
1111
H
Street
Lew Hagenlock
LGreeley,
CO 80631
3026 4th
Avenue
Greeley, CO 80631
970-378-6351
DESCRIPTION
TOTAL
Pipe and
Fittings
$0.00
t
$0.00
Environmental/Storm
Water
$0.00
Misc.Materials
Gravel,
silt
fencing, reseeding
$1,400.00
Contractor Costs
$18,000.00
DCP
Company
Labor T
$3,000.00
X -
ray
$2,200.00
Nitrogen'
$0.00
Construction Inspector
$3,000.00
ROW &
Mapping
$1,
590.00
Survey
$1,842.00
Pot
Hole
$0.00
Force Account
$3,100.00
TOTAL:
$34,132.00
New Contract Request
Entity, information
Entity Name*
DCP MIDSTREAM
Entity ID*
ti 00026258
Contract Name*
AGREEMENT FOR RELOCATION OF GAS, OIL PIPELINES
BETWEEN DCP MIDSTREAM & WELD COUNTY FOR THE WCR
72 RAILROAD CUL-DE-SAC PROJECT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4130
Contract Lead*
MLAPORTE
Contract Lead Email
mlaporteco weld co Us
Parent Contract ID
Requires Board Approval
YES
Department Project #
B1L-67
Contract Description*
THE COMMISSIONERS VACATED WCR 72 THROUGH REALROAD PROPERTY TO US 85 AS A RESULT OF THIS CLOSURE WELD
COUNTY HAS DESIGNED A GRAVEL CUL-DE-SAC TO BE CONSTRUCTED ON WCR 72 JUST EAST OF THE RAILROAD TRACKS,
WHICH REQUIRES THE RELOCATION OF A PIG
Contract Description 2
LAUNCHING STATION AND ASSOCIATED 6" PIPE ONWED BY DCP MIDSTREAM
Contract Type *
AGREEMENT
Amount*
$34,142 00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
EGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks 'weldgm corn
Department Head Email
CM-PublrcWorks-
DeptHead@veldgov corn
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE� CO WELD CO US
Requested BOCC Agenda
Date*
09, 28,E 2020
Due Date
09,24'2020
Will a work session with BOCC be required?*
HAD
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
Effective Date Review Date* Renewal Date
09i28;2020 08/0212021
Termination Notice Period Committed Delivery Date
Expiration Date'
09,30r2021
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
~09!23/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
09 X28, 2020
Originator
SSWANSON
Finance Approver
BARB CONNOLLY
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
09/24,'2020 09,24x2020
Tyler Ref #
AG 092820
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