HomeMy WebLinkAbout850541.tiff RESOLUTION
RE : APPROVE AGREEMENT BETWEEN WELD COUNTY, COLORADO,
AND WESTERN SLOPE GAS COMPANY FOR GAS LINE LOWERING UNDER
PROPOSED WELD COUNTY ROAD 5 BETWEEN COLORADO STATE HIGHWAY 7
AND WELD COUNTY ROAD 6 AND AUTHORIZE CHAIRMAN TO SIGN
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, Western Slope Gas Company has gas lines within a
recorded easement located across the route of proposed Weld
County Road 5 within Sections 32 and 33 , Township 1 North, Range
68 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS , the County of Weld intends to participate in the
construction of Weld County Road 5, according to the plans and
specifications filed with the Clerk to the Board of County Com-
missioners under Weld County Local Improvement District No. 1984-
1, which requires the relocation of these natural gas lines , and
WHEREAS , the parties deem it mutually agreeable that Western
Slope Gas Company perform the actual relocation of said gas line
and be reimbursed for all actual, reasonable expenses incurred in
the lowering of said gas line,
WHEREAS, after study and review, the Board deems it in the
best interests of the citizens of Weld County 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 Com-
missioners of Weld County, Colorado, that the aforementioned
Agreement between Weld County and Western Slope Gas Company be,
and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign said Agreement.
850541
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Page 2
RE: AGREEMENT - WESTERN SLOPE GAS COMPANY
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
May, A.D. , 1984.
BOARD OF COUNTY COMMISSIONERS
ATTEST: / WELD COUNTY, COLORADO
Weld County Clerk and Recorder ( -s
and Clerk to the Board Norman Carlson, Chairman
a
By: frm.--) (�e2 ( ni EXCUSED DATE OF SIGNING - AYE
puty County Clerk Jacqueline Johnson, Pro-Tem
APPROVED AS TO FORM: gal,0& 83-74744-t-4-
Gene R. Brantner
3_....,e2s2 I)
County Attorn uck Car son'
J n T. Martin
AGREEMENT BETWEEN COUNTY OF WELD, STATE OF COLORADO, AND
WESTERN SLOPE GAS COMPANY FOR GAS LINE LOWERING UNDER PROPOSED
WELD COUNTY ROAD 5 BETWEEN COLORADO STATE HIGHWAY 7
AND WELD COUNTY ROAD 6
THIS AGREEMENT, made and entered into this 30th day of
v 1984 , by and between THE COUNTY OF WELD,
STATE OF COLORADO, hereinafter "County, " and WESTERN SLOPE GAS
COMPANY, hereinafter the "Owner. "
WHEREAS, the Owner has gas lines within a recorded easement
located across the route of proposed Weld County Road 5 within
Section 32 and 33, Township 1 North, Range 68 West of the 6th
Principal Meridian, located in the County of Weld, State of
Colorado, and
WHEREAS, the County intends to participate in the construction
of Weld County Road 5 , according to the plans and specifications
filed with the Clerk to the Board of County Commissioners under
Weld County Local Improvement District No. 1984-1 , which requires
the relocation of these natural gas lines, and
WHEREAS, the parties deem it mutually agreeable that the
Owner perform the actual relocation of said gas line and be reim-
bursed for all actual, reasonable expenses incurred in the lowering
of said gas line.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter set forth, the County and the Owner mutually
agree as follows:
1. Owner shall be responsible for performing all necessary
work to lower the natural gas lines under its ownership or control
crossing underneath the above-described route of Weld County Road
5. The work shall be performed and the lines shall be relocated in
a manner so as not to present a hazard to the public, the employees,
or contractors of the County, and in conformance with applicable
state, federal, and local law.
2. Owner will provide County with a detailed estimate of cost
of work to be performed under this agreement, prior to commencement
of construction. Said detailed estimate shall include hourly costs,
unit costs, material costs, cost of lost gas and appropriate over-
head charges. Books and records supporting said detailed estimate
shall be made available by the Owner during business hours for
County inspection and audit.
3. The County shall pay the actual, reasonable costs incurred
by the Owner for the relocation work. This will include and not be
limited to costs of labor, equipment, transportation, materials,
engineering, loss of natural gas and appropriate overhead charges.
Owner shall furnish an itemized account of the actual costs in
accordance with the estimated cost previously submitted and shall
make books and records documenting those costs available for County
inspection and audit during business hours. Appropriate overhead
shall be computed at the rate of 24 percent on all costs incurred.
•
4 . Absent force majeure, the Owner agrees to complete the work
of lowering the natural gas lines c., e. Le-forc � 8', /9Y1
• within two (2) weeks after notice to proceed from County. (/
5. Any controversy or claim arising out of or relating to
this agreement, or the breach thereof, which cannot be resolved by
mutual agreement, shall be settled by arbitration in accordance with
the Rules of the American Arbitration Association, and judgment
upon the award rendered by the Arbitrator (s) may be entered in any
Court having jurisdiction thereof .
6 . Owner agrees to indemnify and hold harmless the County,
its agents, employees, and contractors for any and all causes of
action arising from the lowering of the existing natural gas lines
excepting those arising from the negligence of the County, its
agents, employees, and contractors .
IN WITNESS WHEREOF, the parties hereto have duly executed
the agreement the date and year first above written.
WESTERN SLOPE GAS COMPANY
By: .
Jo M. Hassol t�dent
ATTEST BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board /��� ��
� / / ) By: �-+�Ca,w..�.
�By: 077`-79-c.c.,P f c� mJ Norman Carlson, Chairman
Deputy County Clerk
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