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Home My WebLink AboutC01-250 Trench, conduit and vault agreement with Holy Cross,e TRENCH, CO DUIT, AND VAULT A` GREEMENT This agreement is made and entered into this � day of C` c t C�'t- Cl' 1. between COUNTY OF EAGLE, STATE OF COLORADO, whose mailing address is P.O. Box 850, Eagle, Colorado 81631, hereinafter called "Owner ", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Drawer 2150, Glenwood Springs, Colorado 81602, a Colorado Corporation, hereafter called "Holy Cross ". WHEREAS, Holy Cross has been requested by the Owner to provide underground electric service within an easement traversing certain real property described as follows: A parcel of land in Tracts 45, 67, and 68, in Section 32, Township 4 South, Range 84 West of the 6`h P.M. as more fully described in book 385 at page 631 in the office of the Eagle County Clerk and Recorder, Eagle, Colorado; and WHEREAS, said electric service will provide power to a project known as: Eagle County Fairgrounds 30 OH. WHEREAS, installation of such underground electric service will require trench and other excavations both within and outside of the above described real property; and WHEREAS, the Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct the required underground electric facilities. NOW THEREFORE, the Owner and Holy Cross agree as follows: 1. The Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of underground electric service to said project. Such excavation shall be located as shown on the construction drawing and performed as specified by Holy Cross. a. All excavation, both within and outside the above described real property, shall be within dedicated or conveyed and recorded utility easements. The top of all power facilities, excluding vaults, will be installed 48" below final grade. b. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner. Alternatively, Owner may provide its' own conduit and vaults meeting Holy Cross specifications for use on said project. After installation by the Owner, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. c. In the event that conduits or any other installation provided by Owner for said project are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from said conduits or other installation being unusable or improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable excavation for work performed hereunder, the Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the project. 3. The Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. The Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground power lines except under the on site supervision of a qualified Holy Cross employee. 4. The Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder. The Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. The Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever the Owner is a government or district it shall procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross' request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. The Owner shall repair any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder, both within and outside the above described real property, for a period of two (2) years from the date backfill and cleanup are completed. 6. In the event the Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from the Owner. in the event that litigation is necessary to collect such obligation, Holy Cross shall be entitled to its reasonable attorney fees and costs of suit. 7. As set forth in paragraph 1 a above, Owner covenants that the trench, and all facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of the Owner to properly locate and construct the facilities within the easement. After completion of construction, if it should later be discovered that such facilities have not been properly located within dedicated or conveyed and recorded utility easements, it shall be the obligation of the Owner to provide new easements for the actual location of the facilities, or to relocate the facilities within the easement, all of which shall be at the sole cost and expense of the Owner. 8. It shall be the Owner's responsibility to insure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are. accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects W/0#99- 16413:43- 44:Eagle County Fairgrounds 30 OH:9 -14 -01 Page 1 of 2 Revised 4/13/01 placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non - opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 9. The Owner covenants that it is the owner of the above described real property and that said real property is free and clear of encumbrances and liens of any character, except those held by the following: The promises, agreements and representations made by the Owner herein shall be covenants that run with the land and shall be binding upon the successors in interest, and assigns, of the real property hereinabove described. Holy Cross Ener olorado corporation B®'-•. _ Y ichard D. Bri General Manager - Regulated Servic General Manager - Regulated Se ces STATE OF ss. COUNTY OF COUNTY OF EAGLE, STATE OF COLORADO By: 1�w *P__R CHAIRMA GLE CO N BOARD OF COUNTY COMMISSIONERS The foregoi strume t wa acknowledged before me this by /Cr7vl E •-fr COMMISSIONERS. WITNESS my hand and official seal. My commission expires: � � of 20-01, HAIRMAN, EAGLE COUNTY BOARD OF COUNTY Address: 11 STATE OF ss. COUNTY OF -1 The foregoing instrument was acknowledged before me this 304 day of 4221er &,11) , 201211 by Richard D. Brinkley, General Manager - Regulated Services of Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: 9-'7 _ 5 AG " ' f�► W/0#99-1 6413:43-44: Eagle County Fairgrounds 3o OH:9 -14 -01 Trench, Conduit and Vault Agreement Holy Cross Energy Notary PvbVc r. Veda \Hernandez \eaglecty. /6 d/ Page 2 of 2