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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 9 D r • • 0 co D U) cn z 0 Cf) D r 0 rn 0 � z ��