HomeMy WebLinkAbout6011RESOLUTION NO. 6011
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
COLORADO INTERSTATE GAS COMPANY, RELATING TO THE
RELOCATION OF A SEGMENT OF THE NORTH PUEBLO LATERAL
LYING IN THE WEST END OF THE PUEBLO MEMORIAL AIR-
PORT INDUSTRIAL PARK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement dated May 1/, 1987, a copy of which is on file at the
office of the City Clerk and made a part hereof by reference, after having been
approved as to form by the City Attorney, by and between Pueblo, a Municipal Cor-
poration, and the Colorado Interstate Gas Company, is hereby approved.
SECTION 2.
Funds for said relocation, which is estimated to cost $250,000, shall
be paid from Account No. 034- 1987 - 100 - 000 - 040 -8704.
SECTION 3.
The President of the City Council is hereby authorized to execute the
said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk
shall affix the seal of the City thereto and attest the same.
INTRODUCED May 11 ,1987
By PAUL JONES
Gilman
APPROVE
President of the Cou cil
ATTEST:
City Clerk
North Pueblo Lateral
AGREEMENT
THIS AGREEMENT, made and entered into this � 6 � day of
19 by and between COLORADO INTERSTATE GA � COMPANY, a Delaware Corporation,
herei"naffter referred to as "CIG ", and CITY OF PUEBLO, a Municipal Corporation,
hereinafter referred to as "Pueblo
WITNESSETH:
WHEREAS, Pueblo desires to develop a parcel of land located near Pueblo
Memorial Airport; and
WHEREAS, such development by Pueblo requires relocation of a portion of
CIG's 8 -inch natural gas pipeline commonly referred to as CIG's North Pueblo
Lateral located in Pueblo County, State of Colorado, and more specifically
described as follows:
The South Half (S2) of Section Twenty -Five (25) and Section
Twenty -Six (26), Township Twenty (20) South, Range Sixty -
Four (64) West, Pueblo County, Colorado.
and
WHEREAS, Pueblo has requested CIG to relocate a portion of such pipeline;
WHEREAS, all cost and expense of CIG's relocation of the existing pipeline
shall be borne by Pueblo; and
WHEREAS, continuous service of the subject line must be maintained in order
that CIG shall continue to be able to serve its customers who in turn sell the
gas to the public;
NOW, THEREFORE, for and in consideration of the mutual covenants herein
contained, CIG and Pueblo do hereby agree as follows:
1. CIG with its regular construction and maintenance crew and
personnel, or with a contractor or contractors as it shall
select, shall make all necessary adjustments, removal, re-
location, and alteration of CIG's existing facilities and
shall install all new facilities necessitated by the proposed
development by Pueblo as shown in Exhibit "A ", which is attached
hereto and made a part hereof. The preliminary estimated cost
of the work to be done by CIG is $250,000. This is detailed on
the CIG cost estimate marked Exhibit "B ", which is attached here-
to and made a part hereof. The figures provided by CIG on Exhibit
"B" represent only an estimate of expenses anticipated by CIG and
do not represent a limitation upon Pueblo's obligation to pay the
costs and expenses ultimately incurred by CIG.
2. Pueblo will reimburse CIG for the actual cost of the work which
is the subject hereof and for CIG's overhead expense which is to
be calculated at a rate of 16.5 percent of the actual costs as
indicated on Exhibit "B" upon presentation to it of properly
itemized bills from CIG which shall set forth all the costs and
expenses incurred by CIG in the subject construction project.
CIG shall submit a final billing upon completion of the subject
construction project. The final billing shall be paid within 30
days after receipt of same by Pueblo; provided, however, that CIG
shall refund to Pueblo, based upon final audit, charges for items
or work or expenses not properly included in the billing.
3. Upon execution of this Agreement, Pueblo shall immediately pay
CIG, in advance, a partial payment of $125,000 for CIG performing
and completing the subject construction project. This amount
shall be credited to Pueblo's account in the billings CIG submits
to Pueblo for CIG's work performed hereunder.
4. Any costs and expenses incurred in acquiring any additional
rights -of -way and easements which may be required shall be paid
for by Pueblo.
5. The costs and expenses referred to in Paragraphs 1 and 2 above
shall include those costs incurred by CIG for the temporary
replacement of its facilities when necessary to safeguard
continuity of its service. Also included in the costs referred
to in Paragraphs 1 and 2 are all costs incurred by CIG due to
the existence of unknown or unusual conditions at the work site.
6. All cost records of CIG pertaining to this project shall be
subject to inspection at its offices in Colorado Springs,
Colorado, by representatives of Pueblo upon reasonable notice
and during CIG's normal business hours.
7. CIG shall not start work on the adjustments and rearrangements
of its facilities as hereinbefore described until it receives
written notice from Pueblo that any required preparatory work has
been completed by Pueblo.
B. CIG shall use its best efforts to pursue the work of alterations
through to completion without interruption if CIG is using its
own work force unless an emergency occurs elsewhere in CIG's
system requiring withdrawal of its work force from the subject
construction project.
9. In the event either party is rendered wholly or in part by force
majeure unable to carry out its obligations under this Agreement
other than to make payment of amounts due, it is agreed that
upon receipt of notice containing full particulars of such force
majeure by the other party within a reasonable time after the
occurrence of the causes relied on, then the obligations of the
parties, so far as they are affected by such force majeure, shall
be suspended during the continuance of any inability so caused,
but for no longer period, and such cause shall, so far as
possible, be remedied with all reasonable dispatch.
10. The term "force majeure" shall mean acts of Gods, strikes, or
other industrial disturbances, acts of the public enemy, wars,
epidemics, fires, civil disturbances, explosions, breakage or
accident to machinery or other facilities, severe weather con-
ditions, sudden failure (partial or total) of wells, failure or
delay in obtaining materials, supplies, permits, licenses, or
rights -of -way in spite of the exercise of due diligence, temporary
or permanent failure of gas supply, and any other causes, whether
of the kind herein enumerated or otherwise, which are not within
the reasonable control of the party claiming suspension, and which
by the exercise of due diligence such party is unable to overcome;
provided that the exercise of due diligence shall not require
settlement of labor disputes against the better judgment of the
party having the dispute.
11. Pueblo agrees to protect, indemnify, and hold harmless CIG, its
officers, agents, and employees, from every kind and character of
damages, losses, expenses, demands, claims, and causes of action
arising in favor of Pueblo, its officers, agents, employees, and
any other persons, firm, or corporation whatsoever, on account of
personal injuries, death claims, or damages to property arising
out of or incident to CIG's relocation of its existing pipelines,
except injuries, claims, oh damages caused by or resulting from
the negligent acts or omissions of CIG, its officers, agents, or
employees. Pueblo at its own expense shall defend any suit or
action brought against CIG based on any such alleged injury,
death, or damage, and shall pay all damages, costs, and expenses,
including attorney's fees in connection therewith or in any manner
resulting therefrom.
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
ATTEST:
Assistant ecre ry
COLORADO INTERSTATE GAS COMPANY
By
I A. -
man
Vice President
CITY OF PUEBLO,
a municipal corporation
ATTEST:
1,9 tv J—
e
APPROVED AS TO FORM:
By r e y ounc
3
CORPORATE ACKNOWLEDGMENT
STATE OF )
ss.
COUNTY OF
efore me a Notary Pu
// _ $ day of
who su stf 'bed a A o
it
same as
free and vo un ary ac an
purposes therein set forth.
blic in and for said County and State on this
19ZZ, personaYly appeared
to me known to be the identical person
e�maker thereof to the foregoing instrument as
and acknowledged to me that he executed the
free and voluntary act and deed and as the
Fe of such corporation for the uses and
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year last above written.
Notary Public
i
Kddress
Commission expires:
// -13 - C)9
CORPORATE ACKNOWLEDGMENT
STATE OF )
ss.
COUNTY OF Q�,pQ )
Before me, a Notary Pu
n day of
wh o7subscri he name of
its ? , ,
same as
free and voluntary act an
purposes therein set forth.
blic in and for said County and State on this
19j�2_, personally appeared
to me known to be the identical person
e� ma�aFer thereof to the foregoing instrument as
and acknowledged to me that he executed the
free and voluntary act and deed and as the
Te of such corporation for the uses and
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year last above written.
V1111FIFF Rj wloo!
No tary ' , I $�
ra
IV - Commisston expires:
'Ex A
GENERAL -
Fnrin 7.2 —I/69 ESTIMATE SKETCH
i
DATE: Y17 6 7 COLORADO INTERSTATE GAS COM =ANY W 0 N O.: 25R 9 /
STARTING 0 TE: 0 REVISION NO.:
EST. COMP. DATE: BUDGET NO.:
COMPANY [:)CONTRACT RELATED DWG.:
LOCATION: }mot,. e � � y I ." = ' I -P ° r � COUNTS ��.. !, k I v STATE:
DESCRIPTION O FF WORK:
Pr6It, I to -A y
REQUESTED BY: ( M 14 .. APPROXIMATE MILEAGE: PROJECT ENGINEER: 1 (, N
RANGE
3 2-
Sr e.
P it II �Z � is
I L I
1; ,
3aA - 8� I
1
3aa -$ r
e4a A4w 8.625' AA x• X66 tJr ,Y - yL �%
w1p,y key 4_�Oa -
ISSUED FOR SURVEY AFn 08 1981
PREPARED BY SCALE (IF ANY):. AA n &_
Freehand sketch of location of proposed installation to be constructed or retired sbou ing relative location of existing facilities in area.
EXHIBIT "B"
Cost Estimate - Relocate 32A -8" - C. 0. 29991/77883
Material $103,600
Contract 78,000
Company Payroll 25,000
Transportation 5,000
Heavy Work Equipment 1
Expenses 2,000
Subtotal $214,600
Overheads (16.5 %) 35,400
Total Project $250,000
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