HomeMy WebLinkAboutC01-267 Holy Cross - airport expansion underground powerlineMr, Rit :h Cunningham
Eagle r�ounty
P. O. Sox 850
Eagle, CO 81632
RE: Eagle County Airport Expansion Underground Powerline
Dear Mr. Cunningham:
We have completed a design and cost estimate for providing electric
project. Our facilities will be installed as shown on the attached ske
3799 HIGHWAY 82 • P.O. DRAWER 215(
GLENWOOD SPRINGS. COLORADO RlAn�
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Holy Cross Energy, a Colorado corporation, estimates that the cost of construction will be as follows:
The estimated non - recoverable contribution in and of construction for this project is $3,760.00. This
figure is only an estimate. After the job has been completed, the actual cost of construction will be
determined. The County will be billed this actual cost as a non - recoverable contribution in and of
construction. Your execution of this document constitutes agreement to pay the actual cost when billed.
Our power facilities must be installed on an easement. Please execute and return the enclosed document.
The following conditions are hereby noted:
1 , Lot corners or other locations will be provided by the developer as needed to ensure that our
facilities are installed as shown on the attached sketch.
Holy Cross Energy has implemented a policy which requires that project owners provide all
excavation, backfill, compaction and cleanup needed for installation of the underground power
system extension to serve their new development. The owner must also set all vaults and install
all conduits as specified by Holy Cross Energy's design for the project and the enclosed
construction specifications. Holy Cross Energy will supply all material which can be picked up by
the owner at the appropriate storage yard. The cost of this material is included in the job cost
estimate. The attached Trench Agreement must be properly executed and returned prior to the
start of excavation.
3. 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 Energy employee.
4. The route of our proposed underground power line extension must be at final grade and free of
obstructions before power line construction is started.
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 placed in the vicinity of
o
Mr. Rich Cunningham
September 24, 2001
Page 2
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.
We attempt to complete all projects in a timely manner. However, highest priority is given to
maintaining service to our existing consumers. This fact, along with inevitable construction
delays, will not allow us to guarantee a project completion date.
7. All Holy Cross Energy rules and regulations will be followed.
When Holy Cross Energy is in receipt of the signed original of this letter agreement, the material will be
delivered for your installation. The easement and trench agreement must be executed and returned
before power cable can be installed.
Sincerely,
HOLY CROSS ENERGY
Keith Hernandez,
Engineering Department
(970) 947 -5439
E -mail: khernandez @holycross.com
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Enclosure
I
W10#01 -1 7762:39- SS:Eagle County Airport Expansion
Starla \hernandez \cunningham
The above terms and conditions
_v re hereby agreed to and accepted
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CONSTRUCTION SPECIFICATIONS
TRENCH AND CONDUIT
1, Trench will be excavated deep enough to ensure that the top of installed power facilities will be 48" belo,
finished grade. Special care must be taken to insure that the top of conduits will be 48" below the bottot
of drainage ditches and all other low areas. Where initial excavation is less than 48" in depth due to
planned subsequent fill, service will not be provided until final grade is reached.
2. TRENCH WILL BE AS STRAIGHT AS POSSIBLE BETWEEN VAULTS AND SHALL HAVE A SMOOTH BOTTOM FREE
OF ROCKS. A MINIMUM OF 4" OF SOIL WILL BE PLACED OVER ANY ROCKS LEFT IN THE TRENCH PRIOR TO
CONDUIT INSTALLATION. ANY SOIL PLACED IN THE TRENCH TO COVER ROCKS OR SMOOTH OUT LOW
PLACES WILL BE COMPACTED PRIOR TO CONDUIT INSTALLATION AND THE TRENCH BOTTOM REGRADED.
3. Power facilities to be placed parallel to deeper utilities will have a horizontal separation from the deeper
utility greater than the depth of such utility below final grade. When crossing a deeper utility is
unavoidable, the crossing will be made as close to perpendicular as possible.
4. If cable television or telephone facilities are placed in the power trench, a minimum of 6" horizontal
separation must be maintained between the power facilities and the other utilities. In no case will facilitie
of another utility installed in the trench be placed at a greater depth than the power facilities.
S. Backfill and compaction will be performed as required by the governmental entity or other party having
jurisdiction.
6. Conduit joints shall be knocked completely home during gluing. A pull string will be placed through each
conduit and tied off in the vault at each end. No unnecessary bends will be allowed in conduit runs. Any
bend allowed will not be closer than 5 feet to a vault. Changes in construction from that shown on the
project plans will riot be made without prior written approval from Holy Cross Energy, a Colorado
corporation hereafter called "Holy Cross ". A wire brush will be pulled through each conduit, after
installation is complete, to remove rocks and other foreign items.
7. Conduit shall be covered with at least 4" of rock -free soil or sand prior to backfill. Large rocks shall not bE
pushed in directly on top of this 4" cover. Care must be taken to avoid damage to conduits or cables
during backfill and compaction.
8. Holy Cross must inspect all conduit installation before the conduit is covered and again after covering, but
prior to backfill.
9. Conduits ending outside a vault shall be capped and marked with a 4" x 4" post. Individual conduits shall
enter each vault at a consistent location.
10. Red trench marking tape will be supplied by Holy Cross and shall be installed 18" above the conduit or
cable during backfill.
VAULTS
Vaults shall be installed as follows:
A. Splice vaults shall be installed with the manhole at or slightly above final grade.
B. Transformer vaults and switchgear vaults will be installed with the bottom of the pad at final grade.
C. Where vaults are set into hillsides or sloped cuts, the downhill side of the vault will be graded
according to A. or B. above. The slope behind the vault will be laid back sufficiently to prohibit soil or
rocks from sloughing into the pad- mounted equipment or onto the manhole. If the slope cannot be
laid back far enough, a retaining wall shall be constructed behind the vault.
D. All vaults will be installed so that the top pad is level.
E. Pads or lids will be placed at the time of vault installation unless otherwise requested by Holy Cross.
F. All vault pieces shall be jointed with a tar type sealant (when provided by Holy Cross) with the
exception of the vault pad or vault lid.
2. Holes knocked in vaults for conduit installation shall be as small as possible and shall be grouted closed
on the outside of the vault prior to backfill.
3. Conduit shall enter vaults perpendicular to the vault wall, about 2" above the floor of the vault, and about
2" from any adjacent walls and shall have a minimum separation of 1 inch between conduits.
4. Conduit will be cut off 2" to 4" from the inside wall of the vault.
5. Pedestals for other utilities shall not be located closer than 10 feet to a vault on sides where transformers
or switchgear will have access doors. Pedestals shall not be located closer than 3 feet to a vault on sides
where the pad- mounted equipment will not have access doors.
6. Holy Cross provided ground rods shall be fully driven with no more than six inches of rod exposed above
the earth within the cavity provided.in the center of the vault base. Holy Cross must approve any other
installation where soil conditions will not permit the ground rod to be fully driven.
e \con- spec \revised 7.24 -48
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HOLY CROSS ENERGY
UNDERGROUND RIGHT -OF -WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
COUNTY OF EAGLE
(hereinafter called "Grantor "), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. 0. Drawer 2150, Glenwood
Springs, Colorado (hereinafter called "Grantee ") and to its successors and assigns, the right of ingress and egress across
lands of Grantors, situate in the County of Eagle, State of Colorado, described as follows:
A parcel ofland located in Sections 2, 3, 4, 9, and 10, all in Township 5 South, Range 85 West of the 611 P.M. a
more fully described in book 442 at page 435 of the Eagle County Courthouse, Eagle, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re- phase, operate, and maintain an underground electric
transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable ii
connection therewith, together with associated equipment required above ground, within the above mentioned lanric im„,
an easement described as follows:
An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part
hereof by reference.
The rights herein granted specifically allow Grantee to install additional underground and /or pad- mounted facilities within
the easement described by the attached exhibit.
It shall be the Grantor's responsibility to insure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at
all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or
other obstructions. The ground surface grade shall not be altered within ten 0 0) 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 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. Grantor hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections
will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees,, brush, vegetation and obstructions within said easement and the right
to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the
implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described
use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that
landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized
and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by
exercise of its rights granted by this easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right -of -way and easement, together with all and singular, the rights and privileges
appertaining thereto, unto Grantee, its successors and assigns, forever.
IN WITNESS WHERF,pF, Gr ntor has caused these presen s to be duly executed on this &
a� � 2 day of
COUNTY OF EAG
BY::
(�
Ito- 101CHAIRMAN, LE COUNTY B R F
STATE OF COUNTY COMMISSIONERS
ss.
COUNTY OF
The foregoing instrument was acknowled
2 0�_, by g
COUNTY COMMISSIONERS.
WITNESS my hand and official seal
My commission expiresI.- ,
W/O#-01 -17762:3 9- 55:Eagle County Airport Expansion Veda \HPdez\CUnningham1 Revised 4 -16 -01
HOLY CROSS ENERGY
UNDERGROUND RIGHT -OF -WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
COUNTY OF EAGLE
(hereinafter called "Grantor "), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Drawer 2150, Glenwood
Springs, Colorado (hereinafter called "Grantee ") and to its successors and assigns, the right of ingress and egress across
lands of Grantors, situate in the County of Eagle, State of Colorado, described as follows:
A parcel ofland located in Sections 2, 3, 4, 9, and 10, all in Township 5 South, Range 85 West of the 611 P.M, a
more fully described in book 442 at page 43S of the Eagle County Courthouse, Eagle, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re- phase, operate, and maintain an underground electric
transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in
connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon
an easement described as follows: ,
An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part
hereof by reference.
The rights herein granted specifically allow Grantee to install additional underground and /or pad- mounted facilities within
the easement described by the attached exhibit.
It shall be the Grantor's responsibility to insure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at
all times. The use of such access by Grantee 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 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. Grantor hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections
will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right
to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the
implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described
use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that
landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized
and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by
exercise of its rights granted by this easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right -of -way and easement, together with all and singular, the rights and privileges
appertaining thereto, unto Grantee, its successors and assigns, forever.
IN WITNESS WHFR -OF„ Grantor has caused these present to be duly executed on this 17 day of
2 0.�l____.
COUNTY OF EA LE
By:
CHAR
" IMAN, EAGLE COUNTY
STATE OF COUNTY COMMISSIONERS
ss.
COUNTY OF
20e oregoing instrument s acknow edg before met is day of
COUN Y COMMISS as C AIRMAN EAGLE COUNTY BOARD OF
IONERS.
WITNESS my hand and officia seal.
My commission expires: ,--
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W /O # -01- 17762:39- 55:Eagle County Airport Expansion:9 -24 -01 da\Hernandez\c n 9ham1
Revised 4 -16 -01
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TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this day of
EAGLE, whose mailing address is P.O. Box 850, Eagle, Colorado 81632, hereinafter called "Owner ", ande wee Cross COUNTY
a Colorado corporation whose mailing address is P. 0. Drawer 2150, Glenwood Springs, Colorado 81602, a Colora
Corporation, hereafter called "Holy Cross ".
WHEREAS, Holy Cross has been requested by the Owner to provide underground electric service within an easemer
traversing certain real property described as follows: A parcel of land located in Sections 2, 3, 4, 9, and 10, all in Townsh
5 South, Range 85 West of the 611 P.M. as more fully described In book 442 at page 435 of the Eagle County Courthous
Eagle, Colorado; and
WHEREAS, said electric service will provide power to a project known as: Eagle County Airport Expansion
WHEREAS, installation of such underground electric service will require trench and other excavations both within an
outside of the above described real property; and
WHEREAS, the Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanu
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 fc
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 conveyer
and recorded utility easements.
grade. The top of all power facilities, excluding vaults, will be installed 48" below fine
b. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion o
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 meetinc
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
and all judgments and fines rendered against Holy Cross arising out of an such r, pay' and discharge any
indemnification clause shall not apply to state and local governments or local service distr cts!ngln 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 beginning on the date backfill and cleanup are. completed.
6. The owner shall stop the growth of thistles and /or other noxious weeds in all areas disturbed by excavation performed
hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed.
7. 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.
8. 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, or at the proper depth, 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.
9. 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 #01.17762:39- 55:Eagle County Airport Expansion: 9-24-01 Veda \Hernandez \cunningham1 Page 1 of 2 Revised 9 -17-
01
placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of th
equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, levi
and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will k
kept a minimum of four (4) feet from non- opening sides and backs of said transformers and switchgear. Own(
hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which ma
occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner.
10, The Owner covenants that it is the owner of the above described real property and that said real property is free an(
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 Ian(
and shall be binding upon the successors in interest, and assigns, of the real property hereinabove described.
Holy Cross Energy, a Colorado corporation COUNTY OF L
By: By:
Richard D. Brinkley, P�.Laa a ,Eagle County Board unty Commissioners
General Manager - Regulated Services
STATE OF
ss.
COUNTY OF -�
The for in Crum nt w acknowledged before me this ADL-day of (1/, -j o�
by Pn nQ �� �'�-- as Chairman Eagle County Board of Count)
Commissioners.
A6 -7elo-
STATE OF
COUNTY OF
) ss,
The foregoing instrument was acknowledged before me this day of
by Richard D. Brinkley, General Manager Regulated Services of Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
W /0 #01 -17762:3 1 9-SS:Eagle County Airport Expansion: 9-24-01
Trench, Conduit and Vault Agreement
Holy Cross Energy
Notary Public
Address:
20_,
Veda \Hernandez \Cunningham) Page 2 of 2 Revised 9.17 -01
