HomeMy WebLinkAbout20180611.tiffRESOLUTION
RE: APPROVE UTILITY AGREEMENT FOR INSTALLATION OF NATURAL GAS
DISTRIBUTION MAIN LINE EXTENSION AND AUTHORIZE CHAIR TO SIGN - ATMOS
ENERGY CORPORATION
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 a Utility Agreement for Installation of
Natural Gas Distribution Main Line Extension 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 Atmos Energy Corporation, commencing upon full execution of signatures, and
ending August 1, 2018, 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 Utility Agreement for Installation of Natural Gas Distribution Main Line
Extension 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 Atmos Energy
Corporation, 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 26th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifdA) •-CLto•e1
Weld County Clerk to the Board
Deputy Clerk to the
Cou ' Attorney
Date of signature: 02'z9 -t8
Steve Moreno, Chair
Mike Freeman
Pw(Mg/ R)
2018-0611
EG0075
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Atmos Energy Utility Agreement
DEPARTMENT: Public Works
PERSON(S) REQUESTING: Elizabeth Relford, Michael Bedell
DATE: 2/9/2018
Brief description of the problem/issue: The Fueling Site Upgrade Project requires an associated Utility
Agreement with Atmos Energy to install a gas main extension. This proposed work is described in the
attached Utility Agreement. The County would compensate Atmos Energy in an amount estimated to be
$812,515 and Atmos would agree to complete their work no later than August 1, 2018. Frank Haug
helped prepare this proposed Utility Agreement, and Atmos Energy has agreed to sign it.
What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board can
choose to not approve this Utility Agreement orrecommend changes to it. The Board can choose to
approve this Utility Agreement, in which case Atmos Energy would start final design of the proposed gas
main and proceed to construction this summer.
Recommendation: Public Works recommends approval of this Utility Agreement. If recommended for
approval by the Board, Public Works will make arrangement to get this item placed on an upcoming
BOCC Meeting Agenda. This Utility Agreement is required for completion of the proposed CNG Fueling
Site Upgrades planned to be finished by the end of 2018.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Approve
Recommendation
.04
Schedule
Work Session
Other/Comments:
2018-0611
AGREEMENT
BETWEEN ATMOS ENERGY CORPORATION AND WELD COUNTY GOVERNMENT
FOR THE WELD COUNTY NATURAL GAS DISTRIBUTION MAIN EXTENSION
THIS AGREEMENT ("Agreement"), made and entered into thip day of
2018, by and between ATMOS ENERGY, with Colorado offices at 1200 11111 Avenue, Greeley,
CO 80631, (hereinafter called "Atmos") 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, County owns or controls certain property known as 1113 H Street in the City
of Greeley, County of Weld, State of Colorado, 80632 upon which County plans to construct or
have constructed a facility improvement project known as the Fueling Site Upgrade Project
(hereinafter the "Project"). County, to be supplied with adequate supplies of natural gas following
completion of the Project, desires the installation to the site of the Project (the "Upgraded Fueling
Site Facility"), of a natural gas distribution system (the "Gas Main Extension"), from which, after
installation of a meter station and service line, natural gas may be supplied to the Upgraded Fueling
Site Facility.
WHEREAS, Atmos owns gas supply pipelines which are currently located in County right-
of-way, City of Greeley right-of-way, and its privately -owned easements, and
WHEREAS, Atmos is willing to design and construct the Gas Main Extension to facilitate
the construction of the Project, and
WHEREAS, Atmos desires to design, construct and install, own and maintain the Gas Main
Extension as described and shown on Exhibit A, attached hereto and made part hereof. The
estimated cost of construction of the Gas Main Extension to serve the Upgraded Fueling Site
Facility is $812,515.00 ("Estimated Cost").
WHEREAS, County is willing to reimburse Atmos for the expenses it will incur from the
Gas Main Extension.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
I. Atmos RIGHTS and RESPONSIBILITIES
1. Atmos Gas Main Extension: Atmos agrees to design, provide, install, own,
operate and maintain the Gas Main Extension in the designated easement strip and /or street right-
of-way, as indicated on Exhibit "A". All work necessary to construct and install the Gas Main
Extension shall be performed in accordance with Atmos specifications, in accordance with
accepted engineering practices, and in compliance with all applicable Weld County, State of
Colorado and Federal laws, rules and regulations. Upon completion of its construction, installation
and placement in service, the Gas Main Extension shall be adequate to supply the Upgraded
1
c:20/1- O6. /1
Fueling Site Facility's natural gas requirements as set forth on Exhibit "A". The Gas Main
Extension will at all times be the sole and absolute property of Atmos.
2. Gas Main Extension Not to Conflict with Existing Facilities: Atmos agrees that
the new location of the Gas Main Extension should not conflict with existing County or City of
Greeley facilities.
3. Timing of Gas Main Extension: Atmos shall complete the Gas Main
Extension, with exception of final connection to the Upgraded Fueling Site Facility, prior to
August 1, 2018. Atmos shall be responsible for coordinating this work with the Project Contractor
(Wyoming Northstar).
4. Atmos Responsible for Traffic Control: Throughout the construction process,
Atmos agrees that it shall be responsible for coordination of traffic control as established by the
"Manual on Uniform Traffic Control Devices" (MUTCD).
5. Atmos Shall Obtain Right -of --Way Permits: Atmos shall obtain all necessary
permits from the City of Greeley required for construction work located in Greeley right-of-way.
For work located on County property, Atmos shall follow the requirements of the Weld County
Engineering and Construction Criteria Guidelines (WCECC Manual).
6. Atmos Aware of Existing Utilities and Facilities: Atmos recognizes that
County, City of Greeley, and other utility companies have facilities in the same areas as the Gas
Main Extension. Atmos is responsible to coordinate its work with these entities. Atmos is further
liable for any damages to these parties that are caused by Atmos' work.
7. Reliance on Atmos Expertise: County and Atmos recognize that County is
relying solely on Atmos to perform the work in a manner which will ensure the future integrity of
the Gas Main Extension to be constructed by Atmos. Therefore, as part of its assurances under this
Agreement, Atmos 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 Gas Main Extension.
8. Atmos Warranty: Atmos 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.
9. Atmos Responsibility to Indemnify and Additional Agreements: Atmos shall
defend and indemnify County from and against loss or liability arising from Atmos' acts, errors or
omissions in seeking to perform its obligations under this Agreement. Atmos shall provide
necessary workers' compensation insurance at their own cost and expense. Atmos is responsible
for obtaining any additional agreements for the completion of its work, including additional
easements. Atmos is liable for any damage to any third parties caused by its work.
10. Test Results: Upon completion of the work and if applicable, Atmos shall
submit to County copies of any test results, reports, drawings, etc., generated during completion
of this work. Acceptance by County of reports and incidental material furnished under this
Agreement shall not in any way relieve Atmos of responsibility for the quality and accuracy of the
2
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
1. Estimates of the Expenses: County has agreed to compensate Atmos for the
expenses incurred in fulfillment of its obligations under this Agreement, estimated to be
$812,515,00. The County agrees to pay to Atmos upon the execution of this Agreement a non-
refundable aid -to -construction payment of $406,257.50 The remaining $406,257.50 shall be paid
upon completion and acceptance by the County. This payment constitutes the Estimated Cost of
extending natural gas distribution facilities to the Project.
2. Increases/Decreases in Estimated Expenses: Atmos has estimated the
Estimated Cost of said work. If fmal actual costs of said work are less than the Estimated Cost,
Atmos shall invoice the County for the actual costs only. If the fmal costs exceed the Estimated
Cost, County shall pay those reasonable additional expenses over and above the Estimated Cost
up to a maximum of an additional five percent (5%). County has acquired an Atmos easement
located on a parcel of land owned by Jim Ells, and has paid for all expenses incurred in the
acquisition of the easement. Any other Atmos easements required for the work shall be acquired
by Atmos.
3. County to Stake Right -of -Way and Easements: County shall survey and stake
the County right-of-way, City of Greeley right-of-way, and the newly acquired Atmos easement
on the Jim Ells parcel prior to construction of the Atmos Gas Main Extension. Atmos shall utilize
this survey staking as guidance during its work.
4. Right to Terminate: Either party may, in addition to any other rights or
remedies available to such party, terminate this Agreement upon breach of this Agreement by the
other party and the breaching party's failure to cure such breach within thirty (30) days of notice
of such breach being delivered by the non -breaching party to the breaching party.
In the event of a termination of this Agreement for breach where Atmos is the breaching
party and the Gas Main Extension has not been completed, Atmos shall be obligated to return to
the County the amount of its initial payment of $406,257.50, and in such event the uncompleted
Gas Main Extension shall continue to be and remain solely owned by Atmos.
In the event of a termination of this Agreement for breach where the County is the
breaching party and has not paid Atmos the amount of $406,257.50 due Atmos upon completion
and acceptance of the Gas Main Extension (or such lesser or greater amount as provided for in
Section II 2. above), then Atmos upon presentation to the County of a statement prepared by Atmos
reasonably detailing its costs incurred ("Cost Statement") shall be entitled to retain the costs
incurred by Atmos in performing its obligations under this agreement up to the date of termination,
returning to the County any amount of the initial payment above the incurred costs. If the initial
payment by the County of $406,257.50 is insufficient to reimburse Atmos for its costs incurred,
as supported by the Cost Statement, the County shall reimburse Atmos for any additional costs
incurred by Atmos in performing its obligations under this Agreement in excess of such initial
3
payment as of the effective time of such termination, and in such event the uncompleted Gas Main
Extension shall continue to be and remain solely owned by Atmos.
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, Colorado or its designee.
2. Agreement Binding: This writing, together with Exhibit "A", 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 of the provisions of
this Agreement.
5. Fund Availability: This Agreement assumes that the Atmos Gas Main Extension
will be completed on or before the end of the County's fiscal year on December 31, 2018. 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/Letal Costs: In the event of a dispute between County and
Atmos, concerning this Agreement, the parties agree that County shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of Atmos.
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 Atmos 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.
4
9. Governmental Immunity: No term or condition of this Agreement 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.
10. Interruptions; Neither party to this Agreement shall be liable to the other for
delays in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control, including but not
limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
5
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.
Atmos Energy Corporation
By:.
Title: 0 1 V I S1O —) fot.CS I O 6r„)1. -
Date: O2--061- Zo18
ATTEST: �., .driff/1/ '®• JdZZAA BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
Deputy Cl k to e Boar %,`�-•'� "` S e Moreno, Chair
6
FEB 2 6 2018
dog -06/1
•
17O it Apprpk. Service Line
EXHIBIT A
New Main and Service Line to be installed with a
Minimum Cover of 48 inches.
Aram
energy
•
doe ��/ti•.�•� �► Wrong �.wrra
.
A. ta ono Ns ma Asa444
/ a--..i. rut
Warning Tape to be installed 1.2'+ . flova
pipe and Me to be installed 4 inches eve
Pipe.
one► 1,000 ft rule for 5 lb anode placement_
Not shown on map.
Install a 5 lb anoder.al-evasy ap location for
locating pulses,
.00 ,i.......... ,- •.,,.ar
redo smovIGGSGIGGSSIOGNOGGII
+. r.r.+."••.+...4-..sw.
was assissr.G.GNEGIII•PGaGfr
1260 ft Approx. Open Cut
220 ft Approx. Bore for Road Crossing
4410.
Minimum cleareance of 12 inches with boned
estect►tat condui s. Minimum Cleor'danre of f
inches with other undccgroUnd structures
Standard butt fusion tee to be installed at all
lee l tions. Standard Tee plue: 4 x
Reduce: butt *kin ' ittin4 when charg!ng
size. No High'Volume ices a1 owed.
471:•••Plieniese04.1.0aweeiss:
if ia04440w..«r4S-84 4.1.0
�w+v..r..
M 4t'IGAO,}.Y4N
it
I
rTm
.asdfwr•wwr
I
to ts—
•r...r
ti......Swan
a.mo.... . GIGGISSIA M r tv.Yoe=Gm% tv
400 ft Approx. Open Cut
IS:Pre es n'At u6.Mv✓41164*^FMNh}... a ci4St.441•44l74i4'dfnl4( l'4.'141•1 Col •4196•'WrviJeA,•••44 ig•R
14 (at
v..Gas
vwt.as
%i..rt�.tr..a��.r
lossaalein imam
cola .. r etworA4....All �r.V-:,.A._-r.. . .r..•.,.r..w. .»•G.. �f1w•.....r.....T....•1.«.....w. a..«..i►ai w.404k i•4s.44.wiilbler= +►+ +.ue r��rw.♦ w.w.+w.wri.wwewv.r,.rr•«.....4 get +..w.w.w..-a r+'•...v-aw®•�wR.oT"t• s%son •..r•..r•+F
'.!..+i1.rt.wt emir .r..•r.1•1W s+ .yMY!H.•••rMw
•
4
,.r par P'tt^*al'!"
Main and Service Line General Map
Date: 0522/2017 Pepe:'1
Hello