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HomeMy WebLinkAboutSouthern Natural Gas Company - Augusta Richmond GA DOCUMENT NAME: ~e.,\'Yl \\CrtU'(01 Cjo.SLOmj:Xm~ DOCUMENT TYPE: lX3 \eernmt- YEAR: D \ BOX NUMBER: 'LA FILE NUMBER: \Sl<6l NUMBER OF PAGES: ' V ~ ,. " REIMBURSEABLE PIPELINE ADJUSTMENT AGREEMENT THIS AGREEMENT, entered into on this ~ day of ~ ' 2001, by and between SOUTHERN NATURAL GAS COMPANY, a Delaware Corporation, hereinafter referred to as "SNG" and AUGUSTA, GEORGIA,_ a political Subdivision of the State of Georgia, hereinafter referred to as "Augusta"; WITNESSETH: That WHEREAS, Augusta is proposing improvement construction on Georgia State Highway 56 from Old Savannah Road to Peach Orchard Road and on Highway 520 at State Highway 56, hereinafter referred to as the "Project" which is situated in G.M,D, 123, Richmond County, Georgia and WHEREAS, SNG has prior rights and is the owner and operator of two (2) 16 inch high pressure natural gas pipelines and appurtenances known as the South Main and South Main Loop at mileposts 485.719 and 486.348, situated on a 90 foot wide Easement. The pipelines and Easement, hereinafter referred to as "Facilities" are located over and across a portion of the above-described location, WHEREAS, based on pre-engineering discovery work done by SNG, Augusta and SNG agree that both parties would best be served by adjusting the Facilities where Highway 520 and Highway 56 crosses to accommodate the Project. NOW THEREFORE, for and in consideration of the premises and mutual covenants and agreements herein contained, SNG and Augusta hereby covenant and agree as follows: 1. SNG agrees to install 60 feet of casing on the South Main Line, 65 feet of casing on the South Main Loop Line and relocate the vent pipes on both lines on the North side of Highway 520. SNG will also install 10 feet of casing and relocate the vent pipes on the South Main Line on each side of Highway, as depicted on the drawings numbered P-13-1440 and P-13-1441 attached hereto and made a part of this Agreement, hereinafter referred to as "Work". 2. Augusta agrees to pay SNG for adjusting its facilities, The adjustment is currently estimated to cost $171,457. Said cost is an estimate only, and neither it nor any of the other estimated cost shall in any way constitute a limit upon the amount of the total actual cost of the Work, including overheads and taxes, incurred by SNG, for -. . which Augusta shall be liable to pay hereunder. Such cost estimate is based on the costs of materials and labor current at the time of preparation, and is subject to revision by and at the discretion of SNG to reflect any change in such cost that may occur prior to the completion of the Work, Such cost estimate makes no provision of encountering unforeseen rock, water, bad weather or any other extraordinary contingencies in connection with the Work and such contingencies will be included and accounted for in the total actual cost of the Work. 3. Augusta agrees to reimburse SNG 100 percent of the total actual cost of the Work within thirty (30) days of being presented with the final invoice. If an amount is to be disputed in good faith, Augusta shall notify SNG in writing of the disputed portion and shall pay promptly the portion of the final invoice not in dispute and provide SNG with a written statement that acceptance by SNG of such payment shall not prejudice SNG's claim as to the disputed portion of the final invoice, 4. Augusta agrees that it will perform the Project in accordance with the Drawings in effect on the date this Agreement is executed and will not make any changes to the Project where the Facilities are involved without prior written notification to SNG. If changes to the Project are made and the Facilities are impacted to where additional adjustments are necessary, then Augusta further agrees to execute a separate agreement with SNG addressing said changes, 5, To the extent permitted by law, SNG agrees to indemnify and hold Augusta harmless from each and every suit, demand, or cause of action and any and all liabilities, expenses, losses, liens"claims, costs (including court and attorneys' fees), and damages based on personal injury or death andlor damages to property during performance of the Work conducted by SNG and caused by the negligence of SNG or its contractor during the construction to adjust the Facilities, 6, To the extent permitted by law and except as provided in Paragraph 5 above, Augusta agrees to indemnify and hold SNG harmless from each and every suit, demand, or cause of action and any and all liabilities, expenses, losses, liens, claims, costs (including court costs and attorneys' fees), and damages based on personal injury or death and/or damages to property resulting from the Project 7. Augusta shall carry, and/or cause its contractors and sub-contractors to carry, at its/their own expense, in reliable insurance companies satisfactory to SNG, insurance to cover its obligations and liabilities under this agreement, including, but Page 2 "". not limited to Worker's Compensation Insurance with Employer's Liability coverage, General Liability Insurance with Contractual Liability coverage, and Automobile Liability Insurance. By granting its consent to the construction and maintenance of Highways 56 and 520 over and across SNG's facilities in conjunction with the Project, it is understood that SNG does not assume any additional responsibility for the protection, operation and maintenance of the Facilities because of the Project. This Agreement shall not be understood to deny SNG of or waive any of its rights, titles or interest in or to the existing grants or easements owned by SNG. IN WITNESS WHEREOF, the parties hereto have affixed their respective names through their duly authorized officers on the day and year first above written, SOUTHERN NATURAL GAS COMPANY ~~iJJ~. By: Lee D. Walker Title: Agent and Attorney-in-Fact ~ AU~ORG~ By: Bob Young Title: Mayor GADOT IM-520-1 (16) Page 3 .".. STATE OF ALABAMA ) COUNTY OF JEFFERSON) I, THE UNDERSIGNED, A notary Public, in and for said County, in said State, hereby certify that Lee D. Walker, whose name as Agent and Attorney-in-Fact of Southern Natural Gas Company, a corporation, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of this instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and official seal, this the )C(i day of ~ ,2001. (\~~ r~A- k-- Notary Public , ;:' -,3 ./ ..:: r- ~ ---: . '" , ~ - ^"' ,~ ' ....- - ...... ,-- ""- /- '.3... .. , WI{ COMMISSION EXPIRES FEBRUARY 1 S, 2004 GADOT IM-520-1 (16) Page 4 --0---..- , , ,. :-. 'i STATE OF GEORGIA COUNTY OF RICHMOND) I, THE UNDERSIGNED, A notary Public, in and for said County, in said State, hereby certify that Bob Young, whose name as Mayor of Augusta, Georgia, a political Subdivision, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of this instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and official seal, this the ~day of~rem&b~ ,2001. ~Cf~:, -/. ~: Notary Public _. r- ,...,,," .....:: Not8Jy PublIc. RJchmond County;"'Georgia; ;- _ 00rnmIaeI0n ~ J~ 4. 2995.' .-- . ~ -,. ..- ~ . GADOT I M-520-1 (16) Page 5 I STATE OF GEORGIA ) COUNTY OF RICHMOND) I, THE UNDERSIGNED, A notary Public, in and for said County, in said State, hereby certify that Bob Young, whose name as Mayor of Augusta, Georgia, a political Subdivision, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of this instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation. . fL !b . Given under my hand and official seal, this the~ day of 1lt:7J1/;Cl..- ,2001. ~q~ Notary Public Nmary PublIc. RIchmond County, Georgia My Commmslon ExpIres Jan. 4, 2005 '. GADOT IM-520-1 (1~) Page 5 .