HomeMy WebLinkAbout20162548.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES FOR COUNTY
ROAD 47 AND STATE HIGHWAY 392 INTERSECTION PROJECT 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 Relocation of Gas/Oil
Facilities for County Road 47 and State Highway 392 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 DCP Midstream, LP, commencing upon full
execution 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 Relocation of Gas/Oil Facilities for County Road 47 and
State Highway 392 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 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 8th day of August, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:G •gA
Weld County Clerk to the Board
BY:
o,„
uty Clerk to the Board
A.PPROV
ounty Attorney
Date of signature: 'el � / ( G
Mike Freeman, Chair
P
Sean P. Con ay, Pro-Tem
LL L> < [P-
ve Moreno
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2016-2548
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MEMORANDUM
TO: Clerk to the Board DATE: August 2, 2016
FROM: Mike Bedell, Public Works Department
SUBJECT: Agenda Item
RE: Agreement for relocation of gas/oil facilities with DCP Midstream.
This project requires relocation of existing gas pipeline located in a private easement on the north
side of State Highway 392.
The Agreement entails the County reimbursing DCP for the cost of this work estimated to be •
$168,664.84 to be paid for using Project funds.
M:\Francie\AGENDA memos \Agenda-Jay.doc
2016-2548
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR47/SH392 Intersection Improvements — DCP Relocation Agreement
DEPARTMENT: PUBLIC WORKS DATE: 7/26/2016
PERSON(S) REQUESTING: Don Dunker (County Engineer), Michael Bedell (Senior Engineer)
Brief description of the problem/issue:
This project requires relocation of existing gas pipeline located in a private easement on the north side of
SH392. The widening of SH392 will require new right-of-way to be acquired on top of this prior -existing
easement. A new DCP easement has been recently acquired outside of this new ROW, and DCP will relocate
their gas pipeline into this new easement area, and remove the old pipeline.
DCP is willing to complete this gas pipeline relocation work in 2016, and has submitted the associated
Relocation Agreement for BOCC consideration. The Agreement entails the County reimbursing DCP for the
cost of this work estimated to be $168,664.84 to be paid for using Project funds. As part of an approved RAMP
Grant, CDOT is paying for 50% of the cost of this Project. CAO has reviewed the attached Agreement.
Recommendation to the Board:
Public Works recommends the BOCC approve the attached Agreement with DCP. If recommended for
approval, Public Works will arrange for the Agreement to be added to the agenda for an upcoming BOCC
Meeting.
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
Approve Schedule
Recommendation Work Session
Attachments: DCP Relocation Agree ent and Associated Exhibits.
Comments
CX A -( "WO WaW4- SE'SS WiN .
(SAX:. eft•V t %C.. .
AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES
BETWEEN DCP MIDSTREAM AND WELD COUNTY GOVERNMENT
FOR THE WELD COUNTY ROAD 47/STATE HIGHWAY 392 INTERSECTION PROJECT
THIS AGREEMENT, made and entered into this 0 day of , 2016, by and
between DCP MIDSTREAM, LP, a Delaware limited partnership with C orado 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 WCR47/SH392 Intersection Project, (hereinafter the "Project"), and
WHEREAS, in order to construct the Project, County has acquired property rights from
private property owners to utilize as WCR47 right-of-way, SH392 right-of-way, and DCP
easement, and
WHEREAS, DCP owns pipelines which are currently located in WCR47 right-of-way,
SH392 right-of-way, and its privately owned easements, and
WHEREAS, the properties burdened by DCP's existing easements are within SH392 right-
of-way being acquired in order to complete the Project, and
WHEREAS, DCP is willing to remove existing pipelines located in WCR47 right-of-way,
SH392 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 pipelines shall be removed or relocated in WCR47 right-
of-way, SH392 right-of-way, and its privately owned easements. 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.
2. Pipeline Relocation Not to Conflict with Improvements: DCP agrees that the
new locations 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 Pipeline Relocation: DCP shall complete the pipeline relocations,
with the exception of the removal of abandoned pipelines located under the existing pavement,
prior to December 31, 2016. Abandoned pipelines greater than 2 inches in diameter located under
the existing pavement shall be removed during construction of the Project. DCP shall be
responsible for coordinating this work with the Project Contractor, and paying for all costs
involved in the removal of such pipelines.
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 and CDOT required for its pipeline relocation work.
6. DCP Aware of Xcel Energy and Century Link Relocations: DCP recognizes
that Xcel Energy a/k/a Public Service Company of Colorado and Century Link are also relocating
facilities in the same areas, as evidenced by the information seen on Exhibit A. DCP is responsible
to coordinate its relocation with these entities. DCP is further liable for any damages to either of
these parties or other parties that are caused by DCP's relocation work.
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 I.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 and Additional Agreements: DCP shall
defend and indemnify County 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 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 responsible for obtaining any additional agreements for the completion of their
relocation work, including additional easements. 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.
2
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.
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 $168,664.84.
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 has
acquired a DCP easement located on a parcel of land owned by Dinner/ L&I Farm, LLC as shown
on Exhibit A and pay for all expenses incurred in the acquisition of the easement. Any other DCP
easements required for the relocation of its pipelines shall be acquired by DCP. The amount
described in Exhibit B will be paid to DCP, even if the Agreement is terminated pursuant to
Paragraph 11.4 below. 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
3. County to Stake Right -of -Way: 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 "ght 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, 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
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 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. 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 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
Title:
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to he Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
That
ike Freeman, Chair
AUL082016
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REMOVAL OF ASPHALT MAT 1. COORDINATE ALL REMOVAL LIMITS WITH WELD COUNTY FIELD REPRESENTATIVE.
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DCP MIDSTREAM
3026 4th Ave
Greeley, CO 80631
970-356-9700
15 -Jul -16
DESCRIPTION SEND TO: IFROM:
PDC - JR well connect
Weld County Public Work
DCP Midstream
Removal & Disposal of 4" pipe
Mike Bedell
Lew Hagenlock
Hwy 392 & CR47
' 1111 H Street
3026 4th Avenue
Greeley, CO 80631
Greeley, CO 80631
970-301-0780
970-378-6351
DESCRIPTION
TOTAL
Pipe - 4" - X42 . 156W Coated
$10,012.84'
Fitings
$2,850.00
Environmental/Stonn Water j
$0.00
Misc.Materials Igravel, silt fencing, reseeding
$1,500.00
Elkhorn - labor and equipment I
$112,607.00
DCP Company Labor
$12,475.00
Permit Fees
$0.00'
X - ray
$4,070.00
Nitrogen
$0.00
Construction Inspector
$19,000.00'
ROW & Mapping
$3,750.00'
Survey
$2,400.00
Pot Hole
$0.00
10% Contingency
$0.00
TOTAL;
$168,664.84
www.d cprnidstream,corn
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