HomeMy WebLinkAboutC09-089 Trench, Conduit and Vault Agreement ERGLE COUNTY. CO
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TRENCH, CONDUIT, AND VAULT AGREEMENT /
This agreement is made and entered into this !771-i day of in CH 20& 1 fff
between THE COUNTY OF EAGLE, STATE OF COLORADO, whose mailing address is PO Box 850, Eagle, Colorado 81631,
hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. 0. 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 County Landfill 3 Phase, 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 located in Sections 2, 10 and 11 of Township 4 South,
Range 83 West of the 6t P.M., as more fully described by a Patent recorded by Reception NO. 818917 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
the Project described as follows: Not Applicable, hereinafter called "Adjacent Land ".
tote of pp J
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 shad furnish to Owner its Vault Installation Specitications 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 twe!ve.+nch (12 ") minimum separation will be maintained between conduits installed for the Facilities arid all other view
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 cause shall not apply to state and local governments or !oca! 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 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 #09- 20504:46 -1 1 :Eagle County Landfill 3 Phase:2 /16/09 09 -20504 Siebert KH Page 1 of 2 Revised 4 -8 -08
Col -oal
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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.
tt 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 THE COUN OF EAGLE, STATE OF COLORADO
gy; By:
Richard D. Brinkley, General Manager of (Y~} Chairman o he Eagle County Board of Commissioners
Electric Operations and Engineering
STATE OF Ld-C-t`~`I~z
ss.
COUNTY OF )
The f~regoing instr ment s acknowledged before me this
,(/ ~ ^-c.
WITNESS my h d an official seal.
My com i e
NANCY R. WRiG~IT
NOTARY P~)13L1C
STATE OF COLORADO
My CC mmission Expires 12/18/2010
STATE OF
COUNTY OF
ss.
l7"~~-day of~-~ ~..~tir~J , 20~, by
as (~ Chairman of the Eagle County~Board of Commissioners.
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~CB- -Q-L . ~fi'/~~ /~
/Notary Public
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Address: l~`'~~-~C'~
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#09-20504:46-11 :Eagle County Landfill 3 Phase:2/16/09
09-20504 Siebert KH Page 2 of 2 Revised 4-8-08
Trench, Conduit and Vault Agreement
Holy Cross Energy
