HomeMy WebLinkAbout20140542.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES 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, presented the Board has been with an Agreement for Relocation of Gas/Oil
Facilities 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 signature, 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 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 24th day of February, A.D. , 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C/ Jess c 9,.747,
++r Dou s Rademacher, Chair
Weld County Clerk to the Board a
,L USED
aT.ara Kirkmeyer, Pro-Tem
BY: '1 1...� fr � . t i. 1861
Lei ty Clerk to the Bo. it j�"
n Conway
APPRO D AST FORM: — I
Mike Free n
oun y Attorney
2 William F. Garcia
Date of signature: 3'I4"
a 495- P-1
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2014-0542
EG0070
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MEMORANDUM
EL�
U G p }N T.t TO: Clerk to the Board DATE: February 20, 2014
FROM: Mike Bedell, P.E., Public Works Department
Wayne Howard, P. E., Public Works Department
SUBJECT: BOCC Agenda
Agreement for Relocation of Gas/Oil Facilities with DCP Midstream LP.
Attached are two duplicate original Agreements. Please return one signed agreement to Public
Works.
M.\Fr,ncie\AGENDA memos\AgendaMIkeBedell-1.docx
2014-0542
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 49 Extension—DCP Midstream Utility Relocation Agreement
DEPARTMENT: PUBLIC WORKS DATE: 2/18/2014
PERSON(S)REQUESTING: Wayne Howard(County Engineer).Michael Bedell(Senior Engineer)
Brief description of the problem/issue:
The proposed new roadway going north from the WCR 49/SH 34 intersection will impact an existing 6" DCP
gas pipeline and associated smaller feeder pipelines that are currently located within a private utility easement.
The existing 6"gas pipeline and associated easement was constructed by DCP in 1984. DCP,Atkins(roadway
designer), and Public Works staff believe this old gas pipeline should be relocated prior to the new concrete
roadway being constructed because of its age and condition. Moving the proposed new roadway alignment
would be far more costly than moving the pipeline.
DCP has agreed to perform this work and relocate their pipeline into a new easement area approximately 150
feet east of the present location. This Utility Agreement(see attached)entails reimbursement of the estimated
costs in the amount of$442,504.49. The DOLA Grant Phase IA can be used for eligible portions of this utility
relocation cost. Estimated utility relocation expenses are included in the overall project budget(see attached).
What options exist for the Board:
The Board can choose to approve or not approve the attached Utility Agreement. If approved, DCP plans to
start this relocation work in March,2014. If not approved,the WCR 49 Extension construction may be delayed
or need to be redesigned.
Recommendation
to the Board:
Public Works recommendsapproval of the Utility Agreement. This DCPgas pipeline relocation is the largest
g p p g
and most expensive utility relocation associated with the project and is critical towards keeping the project
moving forward. The pipeline relocation needs to be completed by mid-April to avoid conflicts with farming
operations in the area.
Approve Schedule
Recommendation Work Session Comments V) I '
�,v
Douglas Rademacher,Chair G `' 44
Barbara Kirkmeyer > ` q�CO•'` re V'
Sean P. Conway /d'
Mike Freeman rn '
William F. Garcia
AGREEMENT FOR RELOCATION OF GAS/OIL FACILITWFS
BETWEEN DCP MIDSTREAM AND WELD COUNTY GOVERNMENT
THIS AGREEMENT, made and entered into thisoNtday of February, 2014, by and
between DCP MIDSTREAM, LP, a Delaware limited partnership with Colorado offices at 370
17`x' 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, in preparation of a previously approved road improvements project, the
County has requested DCP to relocate a certain segment of underground pipeline at the
intersection of Weld County Road 49 and State Highway 34, (which pipeline relocation shall
hereinafter be referred to as "Project") , and
WHEREAS, DCP is willing to relocate said pipeline, which is currently located on an
existing private easement which easement existed prior to the County and/or Colorado
Department of Transportation obtaining road right-of-way at the same location, and
WHEREAS, County is willing to reimburse DCP for the expenses it will incur as a result
of the relocation.
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 remove approximately Twenty-five
Hundred Feet (2500') of existing pipeline from its current location and shall install
approximately Twenty-five Hundred Feet (2500') of new pipeline, as indicated on the Project
Drawings, (four pages of which are attached hereto as Exhibit A and made a part hereof by this
reference). All work necessary to accomplish the DCP pipeline relocation projects 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 pipeline shall not conflict with the proposed roadway
improvements or other utility relocations as shown on the Project Drawings attached as Exhibit
A.
3. Timing of Pipeline Relocation: DCP shall use its best efforts to relocate the
DCP pipeline within sixty(60) days of the execution of this Agreement,but in no event shall the
relocation of the pipeline extend beyond one hundred twenty (120) days of the Agreement's
execution.
1 0
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
pen-nits from Weld County and/or the State of Colorado required by its pipeline relocation work.
6. Reliance on DCP Expertise: County and DCP recognize that County is
relying solely on DCP to perform the relocation of the pipeline in a manner which will ensure the
future integrity of the pipeline 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.8 and 111.8 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.
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 Exhibit A.
8. 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.
9. Acceptance by County: 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.
10. Acquisition of Easement for Relocation: The parties had earlier agreed that
DCP was to acquire the easement into which the relocated pipeline shall be installed, and the
easement has been acquired at a cost of Thirty-one Thousand Dollars, ($31,000), (as more fully
set forth in the "Invoice" (a copy of which is attached hereto as Exhibit B and made a part hereof
by this reference).
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 to be Four Hundred Forty-two Thousand, Five Hundred Four and 49/100
Dollars ($442,504.49), which includes specific work outlined in the Exhibits A and B. If final
2
actual costs of relocation are less than the estimated amount, DCP shall invoice the County for
the actual costs. 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 above amount, or Two Hundred Twenty-one Thousand,Two
Hundred Fifty-two and 24/100 Dollars ($221,252.24) within ten days of the 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
and/or Colorado Department of Transportation 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, for the
acquisition of the easement and for materials and equipment purchased or ordered and paid for
(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. 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
3 1
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 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.
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> f
By: e7 ��cS ,JZ.-�..../ 11.2,//9/_zaz''
Date
Title: ,, >4 '1'47
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: k,7 Q CL'-
ddrittAl �� Doug*Radem her,Chair
FEB 2 4 2014
Weld County Clerk to the B•. d
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BYd12--//dZet,Deputy Clerk to e Board teat
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1=IEP DDP MIDSTREAM
3026 4th Avenue
Midstream
"tt Greeley,CO 80631
Mg� �+�'' 870 356 9700 FtvaatINVOICE
6-Feb-14
DESCRIPTION SEND TO: FROM:
Relocation,Abandonment&Removal of Michael Bedell DCP Midstream
6-inch mainline and 3-inch lathering pipe. Weld County Publie Works Lew Hagenlock
Hwy 34&CR 49 1111 H Street 3026 4th Avenue
Howard,Hoshiko&Hop properties Greeley,CO 80631 Greelcy,CO 80631
970-301-0780 970-378-6351
DESCRIPTION TOTAL
6-inch Pipe and Fittings $51,022.00
Environmental/Storni Water $0.00
Misc.Materials $0.00
Elkhorn Construction-Labor $183,995.49
DCP Company Labor $21,000.00
Hop Easement Consideration $27,000.00
Howard Easement Consideraton $4,000.00
X-ray $9,900.00
Nitrogen $0.00
Construction Inspector $0.00
ROW&Mapping $0.00
Surveying $9,300.00
Pot Hole $0.00
Fall 2014 Work-Hop Property $103,826.00
Construction Force Account $52,461.00
Total: $442,504.49
Expires:03/06/2014
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