HomeMy WebLinkAboutC03-083 Holy Cross Energy TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this ~~ day of ~`~ V`~- ~ ~ ~ 20 ®`~ between EAGLE COUNTY, whose mailing address is P.O. Box 850, Eag ,Colorado 81631, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose .mailing address is P. O. Drawer 2150, Glenwood Springs, Colorado 81602, hereafter called Holy Cross . WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called "Facilities", to serve a project known as Berry Creek/ 5~' Filing/Miller Ranch P.U.D., hereinafter called "Project"; and, WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities; and, WHEREAS, Owner owns real property described as follows: Tract D, Berry Creek/Miller Ranch Planned Unit Development in Section 4, Township 5 South, Range 82 West of the 6~' P.M. as recorded by Reception No. 799649 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado, hereinafter called "Property", which Property is the real property where the Project is being developed; and, WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to the Protect described as follows: Berry Creek/Miller Ranch P.U.D., Tract E, Section 4, Township 5 South, Range 82 West of the 6'" P.M. as recorded by Reception No. 799649 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado, hereinafter called "Adjacent Land". NOW, THEREFORE, Owner and Holy Cross agree as follows: 1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross. a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner Its Vault Installation Specifications and Construction Specifications and such specifications are made a part hereof by reference. b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility easements. c. The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground surface. d. A twelve-inch (12") minimum separation will be maintained between conduits installed for the Facilities and all other new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from plastic gas lines shall be greater than this minimum wherever practicable. e. 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 or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. f. If conduit and/or vault installation provided by Owner for the 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 conduit and/or vault installation being unusable or improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, 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 Protect. 3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. 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 electric facilities except under the on site supervision of a qualified Holy Cross employee. 4. 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, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. 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. Owner agrees to satisfy, pay, and discharge any and all Judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever 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 1n the above indemnification clause. Upon Holy Cross' request, such a Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backfill and cleanup are completed. 6. Owner, at its expense, 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 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 of such notice 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 Owner. W/O#03-17898-50-44:Berry Creek 5`~ Filing/Miller Ranch P.U.D.:3-27-03 Veda~.Smith~Stephenson Page 1 of 2 Revised 3-26-03 8. As set forth in paragraph 1 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 Owner to properly locate and construct the Facilities within the easement. Should it ever 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 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 Owner. 9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the 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 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 that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. Owner covenants that it is the owner of the above described Property and that said 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 Owner herein shall be covenants that run with the Property and shall be binding upon the successors in interest, and assigns, of the Property. HOIy ss Energy, a Colorado corporation EAGLE COON By: ~I` By: Ric and D. Brinkley, (Vice) Chairman -Boar f County Commissioners Ge ral Manager -Regulated Services STATE OF ~©~ {~- l~ ~ C'~ ) ~ ~ ss. COUNTY OF ~ ~i ~ tea S Th foregoing ins ru ent ac nowledg d before me this ~ day of 1 ~ 1~~ ~- ~ 20 c~,~ by ~ ~ ` ~ a ~r~L ~ L''bL. as rm n -Board of Coun Commissioners. WITNESS my hand and offlci Ise . ~ ~~ ~ _ My commission expires: ~ ~I Z~ ~ C.~lCXe~ ~,~~~ Notary Public Address: STATE.OF (_s~onr~t2o ) ss. COUNTY OF _~.'~cQ.~ ) The foregoing instrument was acknowledged before me this by Richard D. Brinkley, General Manager -Regulated Servlgp~ pAw~u~ WITNESS my hand and official seal. ~ `; ~•'°"''•~ My commission expires: ~_~_®~ o~. o °NOTg9 00 ° ~..~„~ 0 ° ~s~~OFCn- OF~~ ~' day of ~_~-~,Qs , 20®3, Holy Cross Energ , a Colorado corporation. Notary ~blic W/O#03-17898-50-44:Berry Creek 5~' Filing/Miller Ranch P.U.D.:3-27-03 veda~Smith Stephenson Page 2 Of 2 Revised 3-26-03 Trench, Conduit and Vault Agreement Holy Cross Energy ~ GROSS F tiF O ~ c Z < T Z' ~ O d~ ~ ~~ SSO~O April 10, 2003 Office of the County Attorney Attention: Mr. Bryan R. Treu Eagle County Building P. 0. Box 850 Eagle, CO 81631-0850 RE: Berry Creek 5~' Filing /Miller Ranch, Trench, Conduit, and Vault Agreements Dear Bryan: 3799 HIGHWAY 82 • P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 '~ ; ' t~ ~_; ~_ __ ~_;,__ APR ~ , ;~ ; , 200.E ~_ ~~ ~ ys' ~t r, ~ r.. Enclosed, please find three (3) fully executed originals of the Trench, Conduit, and Vault Agreement associated with electric service for the Berry Creek 5"' Fling /Miller Ranch project. One (1) original has been retained by Holy Cross Energy for our work order file. We will record our original document with the Eagle County Clerk and Recorder's Office. If I can be of further assistance, please do not hesitate to contact me at (970) 947-5430. Sincerely, HOLY CROSS ENERGY Z/' Stephen B. Casey, Supervisor of Contract Services SBC Enclosures (3 originals) W/O#03-17898:50-44:Berry Creek 5~' Filing /Miller Ranch P.U.D. M:\WOnd\Contrxt Dotur~ts\TGY Agreert~ents\WO#178~ (4.10.03).da