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Home My WebLink AboutC09-009 Holy Cross Energy~.~ TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this ~ day of ~Af~~a~~-1 , 20~, between BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO, whose mailing address is PO Box 850, Eagle, Colorado 81631-0850, hereinafter called "Owner', and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 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 Eagle Airport Solar Interconnect, 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: A parcel of land more particularly described in that Deed at Reception No. 275831, AND Eagle County Airport more particularly described in that final plat at Reception No. 338682, both parcels situated in Section 4, Township 5 South, Range 85 West of the 6th P.M., and both Reception Nos. recorded in the office of the Eag-e County Clerk and Recorder, 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 Project described as follows: Tract A, Stratton Flats Planned Unit Development, Filing 1, according to the final plat thereof, situated Section 4, Township 5 South, Range 85 West of the 6th P.M., more particularly described at Reception No. 200806090 in the office of the Eagle County Clerk and Recorder, 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 Project. 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 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 by the Owner and/or work performed at the direction of the Owner. 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 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. 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•~ 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#08-20658:39-04, 43:Eagle Airport Solar Interconnect:ll-10-08 08-20658TCV&Easement ~v ~` 8. 9. 10. 11 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. 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. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner's responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner's responsibility, at the Owner's sole cost, to correct the access and make it acceptable, as determined solely by Holy Cross. 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. The individual signing this Trench, Conduit and Vault Agreement hereby represents that he/she has full power and authority to sign, execute, and deliver this instrument. Holy Cross Energy, a Colorado corporation BOARD OF COUNTY C SI F EAGLE COUNTY, COLORADO _ ~! y g `" - B ~ Richard D. Brinkley, General Manager of y. (fie}-Chairma Electric Operations and Engineering STATE OF C ~ ~`-~- ~= *~=~=' ss. COUNTY OF ~a~'--<% -~t'i ~) ~,~~ ~~ Th f r~oing ins ur'rf was acknowledged before me this ~~ 'day of '~-n._i_e.__d -.- `- -"' 20~'/, by ' z_,~ ~_' ~ ,.xy~ ~--~- "Z`i ~'~- as ( Chairman f the BOARD OF COUNTY COMMISSIONERS OF EAGLE COUN i ,COLORADO. WITNESS my hand a f' I My commission ex Tres: NANCY R. WRIGHT NOTARY PUBLIC STATE OF COLORADO AAy Commissiat F.xpirea i?Jisr2010 STATE OF COUNTY OF ss. ;? ~ + ;~ I otary Public ~__ Address: , > ~'C' ~~' i~-f~-r~ ~~ c_.~y i ~~ The foregoing instrument was acknowledged before me this day of 20 by Richard D. Brinkley, General Manager of Electric Operations and Engineering of Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/O#08-20658:39-04, 43:Eagle Airport Solar Interconnect:ll-10-08 08-20658 TCV&Easement ~v Page 2 of 2 Revised 4-8-08 Trench, Conduit and Vault Agreement Holy Cross Energy HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO (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. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee') and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows: A parcel of land situated in Section 4, Township 5 South, Range 85 West of the 6th P.M., more particularly described in that Deed at Reception No. 275831 recorded in the office of the Eagle County Clerk and Recorder, 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 herein. It shall be the Grantor's responsibility to ensure 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 WHEREOF, Grantor has caused these presents to be duly executed on this ~,_ day of ~T~0.(~ugQu , 20~. The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that he/she has full power and authority to sign, execute, and deliver this instrument. t' STATE OF ~ ~- ~'"z_,rr COUNTY OF The for going in~S-~ 20 ' , by COM ISSIONERS OF WITNESS My com s BOARD OF COUNTY CO SION GLE COUNTY, COLORADO By: `" ~1Fiee) Chairman ss. , t-&- ackno edgy' before me this / ~- --day of E4' ~ r` -~ {~° --~-,•-~ ,~ ~ ~u ~c -~~- T~> 1, as (Fife) Chair~an of the BOAR~OF COUNTY LE COUNTY, COLORADO. on iPdEY R. WRIGHT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 12/1 1 r ~~! -ts > .( tary Public - ~' Address: , t~ ~~; -z ~---~-- ~+!'~ c -~ . ~~c - F W/O#08-20658:39-04, 43:Eagle Airport Solar Interconnect:ll-10-08 os-zoess rc Easement 1v Revised 9-14-04 TRACT V N H U W E STRATTON FLATS FILING 1 ~ RECEPTION N0.200806090 s EAGLE COUNTY APPROXIMATE CENTERLINE RECEPTION N0.275831 OF 10' WIDE HOLY CROSS ~ - - - ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT EAGLE COUNTY LOT 1, EAGLE COUNTY LONGVIEW SUBDIVISION RECEPTION N0.338682 RECEPTION N0.118416 PROPERTY LINES (TYPICAL) A.P. 4 TRACT 65 A.P.1 TRACT 66 Holy Cross Energy NOT TO SCALE FACILITY LOCATIONS APPROXIMATE Section 4 Township 5 South Range 85 West of the 6th P.M. EAGLE County EXHIBIT A Glenwood Springs, Colorado Job Name: Eag Airport Solar Interconnect W/0 #: 20658 ~ GROSS F ~ ti~ O ~ z < ~ O d~ ~ ~~ SSO~O November 10, 2008 Mr. Adam Palmer Eagle County PO Box 1 79 Eagle, CO 81631-01 79 Re: Eagle Airport Solar Interconnect Dear Adam: 3799 HIGHWAY 82 • PO. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 We have completed a design and cost estimate the above referenced project. Our facilities will be installed as shown on the attached sketch. Eagle County is hereinafter referred to as "Owner", and the Eagle Airport Solar Interconnect is hereinafter referred to as the "Project". The estimated cost of the Project is $78,000.00. This figure is only an estimate. After the job has been completed, the actual cost of construction will be determined. Owner will be billed this actual cost as a non-refundable contribution in aid of construction. Execution of this document constitutes the Owner's agreement to pay the actual cost of construction in a timely manner. Our power facilities must be installed on an easement. Please execute and return the enclosed document. The following conditions are hereby noted: Lot corners or other locations will be provided by the Owner 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 the Owner provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve the Project. 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 by the Owner 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 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. 5. All water lines, sewer lines, or other excavations in conflict with our proposed facilities must be completed, backfilled and clearly marked before power line construction can be started. 6. It shall be the Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder for the Project 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 which may occur as soon as notified by Holy Cross Energy. Said corrections will be made at the sole cost and expense of Owner. Secondary voltage available at the transformer will either be 120/208 or 277/480, three-phase, at your request. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross Energy specifications. All meter locations must be approved. Any service over 200 amps or 240 volts must have prior written approval from Holy Cross Energy. It will be the Owner's responsibility to extend underground secondary entrance conductors from the pad-mounted transformer to points of power usage. A Touchstone Energy" Cooperative )~~ Adam Palmer November 10, 2008 Page Two 10. All underground services shall be installed in conduit ahead of the meter. All underground services must be in conduit beneath roads, driveways, and other areas of difficult excavation. 1 1. The meter housing must be positioned so the meter faces a driveway or road. 12. Low voltage starting will be required on all three-phase motors larger than 25 HP and all single- phase motors larger than 10 HP. 1 3. Motor protection from phase loss and other voltage problems should be provided. This equipment shall be installed and maintained at the expense of the Owner. 14. It shall be the Owner's responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Energy. 1 5. Owner will provide information as requested to enable Holy Cross Energy to understand operation of the proposed photovoltaic project, identify any adverse effects that such project may have on the existing electric distribution system and to prepare an Interconnection Agreement. Owner will execute and complete all requirements contained in the Agreement prior to such project being connected to Holy Cross Energy's power system. 16. The above mentioned cost estimate does not include connect fees or meter deposits, if required. Arrangements for payment of these items and for scheduling the actual meter installation should be made through the local Holy Cross Energy office. 17. 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. 18. All Holy Cross Energy rules and regulations will be followed. When Holy Cross Energy is in receipt of all necessary executed easements, the executed original of the enclosed Trench Agreement and the signed original of this letter agreement (below), the job can be scheduled for construction. Sincerely, HOLY CROSS ENERGY Jeffrey P. Vroom, Engineering Department jvroomC~holvcross.com (970) 947-5425 J PV: vw Enclosure Title. I-'f'~t J~~-. ~ ~ ~l ~0 (1 Date: , • ~3 ' Q~ The above terms an Condit' are hereby a d~n e d g .~ W/O#08-20658:39-04,43:Eagle Airport Solar Interconnect 08-20658 Palmer -- --.- DRIVE _ ~ I TIE C NDU TS INTO E ISTIN SPLI E VAULTS ~ ' r t7 I NIGHTHAWK CIRC L8 C t~ L10 L9 JDBP /~ SUNNY AVENUE A J I H B ~ .~ ~ a a a r z o z ~ C I J ~I d ~ I ~ r~ ~ z ~ ~ ~ _ _ ' TH NE 4" PV C D L F ~ T E~ STRATTON C ----~--- NEW UM30R SPLICE VAULT I (SEE VAULT SPECS.) G I NEW THREE PHASE TRANSFORMER, SIZE AND H ~ VOLTAGE TO BE DETERMINED, ~ SET ON NEW UM 1-11 S VAULT i (SEE VAULT SPECS.) MOUNTAIN GLEN VILLAGE ~ W E Holy Cross Energy CONTRACT LETTER AGREEMENT SKETCH Job Name: Eag Airport Solar Interconnect W/O #: 20658 Glenwood Springs, Colorado NOT TO SCALE FACILITY LOCATIONS APPROXIMATE