HomeMy WebLinkAbout20161369.tiff RESOLUTION
RE : APPROVE AGREEMENT FOR RELOCATION OF OIL AND GAS FACILITIES AT
INTERSECTION OF COUNTY ROAD 74 AND STATE HIGHWAY 392 AND AUTHORIZE
CHAIR TO SIGN - DCP MIDSTREAM , 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 Oil
and Gas Facilities at the Intersection of County Road 74 and State Highway 392 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 Midstream . LP , commencing upon
full execution of signatures and ending December 31 , 2016, 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 Oil and Gas Facilities at the
Intersection of County Road 74 and State Highway 392 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 Midstream . 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 20th day of April . A. D . , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY . COLORADO
ATTEST: ditheNi Jek;
Mike Freeman , Chair
Weld County Clerk to the Board r
Sean P, Conway, Pro-Tem 0
BY:
41,c, g_704/Q,C
y Clerk to the Board � EL �� _ /Cie; _
�I�, ► I� A. Coz d
//
A P P R • t "tD AS M • 1861 ..e `,�♦ . �1 ..
X1O:;
ra Kirkmeyer
o n Attorney i� ' -
Y \
teve Moreno
Date of signature: 6/17p (40
ZIA) 2016- 1369
EG0073
RECEIVED
Tr MEMORANDUM APR 1 5 2016
WELD COUNTY
COMMISSIONERS
2-G -N 1c- TO: Clerk to the Board DATE: April 14, 2016
FROM: Richard White, Public Works Department
SUBJECT: Agenda Item
Agreement for Relocation of Gas/Oil Facilities with DCP Midstream on WCR 74 at State
Highway 392 Intersection.
2016-1369
ECoo73
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 74/SH 392 Project—Agreement with DCP for gas line lowering
DEPARTMENT: PUBLIC WORKS DATE: 3/29/2016
PERSON(S)REQUESTING:Richard White.Don Dunker
Brief description of the problem/issue:
As part of the WCR 74/SH 392 project,Weld County needs DCP to relocate and lower a gas line in the new WCR 74 near
WCR 69 realignment. The work is to be done by DCP and because the line is in an existing DCP easement it will be paid
for by Weld County. Attached is a utility relocation agreement with DCP,and as you can see from the following exhibit,
the realignment of WCR 74 conflicts with the DCP gas line. DCP estimates the cost to be$44,990($128.54 per lineal
foot),which is consistent with similar work performed by DCP. DCP will begin the work approximately 30 days after
execution of the agreement. Staff recommends approval of the agreement.
Separate from this pass around,staff wanted to take the opportunity and provide a WCR 74/SH 392 project status
update:
WCR 74 and SH 392 was identified as a safety concern and was awarded a CDOT RAMP grant to help address crashes,
address increased traffic volumes, and modify the skewed intersection. The current design relocates the intersection
approximately''1,500 feet north of the existing intersection so WCR 74 aligns perpendicular to SH 392 for optimum
visibility, Also,the addition of auxiliary lanes will help move traffic safer at the intersection. The realignment of WCR
74 and other improvements as stated,was selected as the best option by the residents, BOCC, and CDOT. Weld County
and CDOT executed a project IGA in 2013 and open houses were conducted in November of 2014. Shortly thereafter,the
design of the project and assembly of the construction drawings began. The construction drawings are now complete,
Based on the finalized plans,this project is estimated•to cost$5.9 million to construct. The CDOT RAMP Grant provides
one million dollars, also NGL is responsible for their proportional share in accordance with their improvements
agreement, which at the time was determined to be approximately 20% of the project cost. Therefore, NGL would
provide 1.1 million dollars towards the project, leaving Weld County costs at 3.8 million dollars. We are currently in the
ROW acquisition phase of the project. CBOT has approved the ROW plans;therefore, we anticipate CDOT concurrence
to advertise within the next few months. This project remains on schedule to construct in summer of 2017.
Recommendation to the Board:
Public Works recommends placement of the agreement on the next available BOCC agenda.
Approve Schedule
Recommendation Work Session Comments
Mike Freeman,Chair MI
Sean P.Conway
Julie A.Cozad
Barbara Kirkmeyer
Steve Moreno
rift
Attachments: DCP Contract Agreement
AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES
BETWEEN DCP MIDSTREAM AND WELD COUNTY GOVERNMENT
FOR THE WELD COUNTY ROAD 74& STATE HIGHWAY 392 INTERSECTION
PROJECT
THIS AGREEMENT, made and entered into this(AO day of i4 _, 2016, by and
between DCP MIDSTREAM, LP, a Delaware limited partnership 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 Weld County Road 74 & State Highway 392 Intersection Project, (hereinafter the
"Project"), and
WHEREAS, in order to construct the Project, County will acquired property rights from
private property owners to utilize as road right-of-way, and
WHEREAS, DCP owns pipelines which are currently located in its privately owned
easements, and
WHEREAS, the properties burdened by DCP's easement is adjacent to the County right-
of-way which will be acquired in order to complete the Project, and
WHEREAS, DCP is willing to lower said pipelines within its existing easements 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 lowering.
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 pipeline 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 pipelines shall be relocated within the easements already
owned by DCP. 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
0213/lv-/3G9
2. Pipeline Relocation Not to Conflict with Improvements: DCP agrees that the
new locations 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 pipeline relocations
within ninety(90)days of the execution of this Agreement.
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
"Manual on Uniform Traffic Control Devices"(MUTCD).
5. DCP Shall Obtain Right-of-Way Permits: DCP shall obtain all necessary
permits from Weld County required for its pipeline relocation work.
6. DCP Aware of Xcel Energy Facilities' Relocation: DCP recognizes that
Xcel Energy a/k/a Public Service Company of Colorado is also relocating facilities in the same
areas, as evidenced by the information seen on Exhibit A.
7. 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 sufficient
liability insurance, (as more fully described in Paragraphs T.9 and III.8 below), 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 road caused by an improper relocation of the pipeline.
8. 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 Exhibit A.
9. DCP's Responsibility to Indemnify: DCP shall defend and indemnify
County, its officers and agents, from and against loss or liability arising from DCP's 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, its officers and agents, 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.
10. Test Results: Upon completion of the work and if applicable, DCP shall
submit to County originals of any test results, reports, 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 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
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.
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 specifically approves and agrees to reimburse DCP for all expenses it has incurred in the
acquisition of the easement which will be used by DCP for the relocation of the pipeline. This
amount will be paid to DCP, even if the Agreement is terminated pursuant to Paragraph II 4
below. County shall pay half of the amount set forth in Exhibit B within ten (10) days of the
complete execution of this Agreement and the balance upon receipt of a final invoice
3. County to Stake Right-of-Way: County shall establish and stake the County
right-of-way and 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.
HI. 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 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
3
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 relocation of the
pipeline 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. Attorneys 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 arc
secured and maintained by DCP shall include clauses stating that each carrier shall waive all
rights of recovery, under subrogation or otherwise, against Weld 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 MIDSTREAM,LP
"."q /. Date
Title: e9,1Le.,,,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �, 1162.
ddrA,Ai aC.L�o�� Mike Freeman, Chair APR 2 0 2016
Weld :unty Clerk to the Board
BY: ilaZ
Deputy Clerk t the Board
461
°U10
5
02,0/& -/3
RE: Agreement for Relocation of Gas/Oil Facilities with DCP Midstream for the WCR 74
& State Highway 392 Intersection Project
IN WITNESS WHEREOF, Weld Count and ave caused this
agreement to be executed this nZD"day of , 2016.
APPROVED AS TO,SSU-DST NCE:
fi
Elected O or Department Head
Nlp
Director of General Services
APPROVED AS TO FUNDING:
Controller
APPROVED AS 0 FORM:
County Attorney
EXHIBIT A
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Exhibit `B'
11:1DCP MIDSTREAM
8 •P 3026 4th Avenue
—��
Midstream.
Greeley,CO 80631
970 356 9700
INVOICE
13-Jan-16
DESCRIPTION ISEND TO: FROM: I -
Lower 350'of 4-inch pipe-95% Richard White DCP Midstream
compaction required Weld County Public Works Lew Hagenlock
,1111 H Street 3026 4th Avenue
Greeley,CO 80631 Greeley,CO 80631
970-378-6351
DESCRIPTION TOTAL
Pipe � $0.00
Fittings $0.00
Environmental/Storm Water __ $0.00
Misc.Materials $1,000.00
Black Eagle-Contractor $31,400.00
DCP Company Labor $7,000.00
. X-ray $0.00 _
Nitrogen
$0.00
Construction Inspector $0.00
ROW&Mapping $1,500.00
Survey $0.00
Pot Hole $0.00
Blow Down-Production Loss $4,090.00
TOTAL: $44,990.00,
Expires: February 13,2016
‘kk‘
www.dcpmidstream.com
DCP MIDSTREAM BENCHMARK SUMMARY SHEET EXPANDED
BI_ACKE- GLF DATE SUBMITTED: 1162016 Well Name: Lower 350'of e"Pips
DCP PO: TBD LOCATION: WCR69 and 74 N.-,4 miles
RC t{ 0017 APE: None
TOTAL BENCHMARK I $0.00
OUT OF SCOPE
Water Tracer for compaction(T&E)
SIZE QTY TOTAL COST
500 Gal 1 5500.00
Compaction Remote Sheeps foot compactor(T&E)
SIZE QTY TOTAL COST
$900.00
Lower 4"Pipeline and compact-Mobs(T&E)
QTY TOTAL COST
5 DY
$28,000.00
Compaction Testing 3rd party(TEE)
SIZE DY Rate TOTAL COST
$2,000.00
Blackeagle TOTAL Out of Scope $31,400.00
DCP Direct Bill
TOTAL Sub to Direct Bill DCP I $0.00
Proposal Summary
Cost Breakout For Blackeagle PO Blackeagle TOTAL BENCHMARK $0,00
Labor $ 15,840.00 Blackeagle TOTAL Out of Scope $31,400.00
Equipment $ 10,560.00 Blackeagle TOTAL Contract Value $31,400.00
Subcontract $ 4,000.00 TOTAL Sub to Direct Bill DCP $0.00
Material $ 1,000.00 TOTAL Estimated Project Price $31,400.00
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