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HomeMy WebLinkAboutbocc.con.361.2017 - BOCC APPROVED BY CONTRACT • ORDINANCE # t m-aon # - l7 l "r" TRENCH,CONDUIT,AND VAULT AGREEMENT This agreement is made and entered into this .(6-771/day of ©C717/y 20 17 between Pitkin County, whose mailing address Is 123 Emma Rd 9204, Basra CO 81621, 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 fadlltles,hereinafter called'Facilities', to serve a project known as Pickle County Landfill Overhead Tap, hereinafter called'Project';and, it 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 situate In Section 08;Township 09 South, Range 85 West of the 6th P.M„as more fully described in that particular Quit Claim Deed recorded by Reception Number 346439 In the records of the Pitkin County Clerk and Recorder's Office,Aspen,Colorado, hereinafter called'Property, which Property is the real property where the Project Is being developed;and, WHEREAS, Installation of Fadlities to serve the Piglet(may require trenching or other excavation on certain real property adjacent to the Project described as follows: N/A,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 deanup necessary for Installation of Facilities to,serve the Project. Such excavation shall be located as shown an the construction plans approved by Holy Cross,and performed In accordance with Holy Cross Vault Installation Spedfications, 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 an conduits Installed hereunder shall be located a minimum of 48'below the final grade of the ground surface. d. A twelve-Inch(121 Minimum separation will be maintained between conduits installed for the Facilities and all other new or existing ungerground utilities. Wherever possible,this separation will be horizontal. The Facilities conduit • separation from plgatic gas lines shall be greater than this minimum wherever practicable, e. Holy Cross will sup*the necessary conduit and vaults for Installation bythe Owner upon completion of contractual arrangements. Owger 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 Sal, 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. ' 1. 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 Us expense as specified by Holy Cross and Owner shall reimburse Holy Cross fdPall additional costs resulting from condulcand/car 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 hang of Its own employees, providing its own tools and equipment, payment of all wages, taxes, Insurance, employee withholdings, and fe3 connected with Its work on the Project. 's 3 Owner shall obtain all hkcessary digging permits and utility locationsrior to excavation for work performed hereund4P, Owner shall repair all damage caused during excavation promptly and at Its expense No excavation will be undertakeh within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cron employee. - 4 Owner shall indemnify,save, and hold harmless Holy Cross, its employees and agents,against any and all Ion,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 hereuntier,or because of a breach of any of the promises,covenants and agreements herein W/Ok1722832.78-52.Pltkin County Landfill Overhead Tap 5/11/17 v-xmn AC Page 1 of 3 Revised 12/18/15 r • ,i rime i it RECEPTIONS: N:$ 2300, : 0.00 DOC CODE:AGREEMENT Pgl of C 3, 10/26/2017at DaABmy .s Janice K.VosCaudill,audill,Pitkin County,CO ,v RECEPTION#642628,10/2612017 at 03.4513 PM,Pgs 2 of 3,Janice K Vos Caudill,Pekin County,CO v •, 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 Owners' In the event Owner shall fail to promptly defend Holy Cross, It shall be liable to Holy Cross,and shall reimburse It;daB 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. Owren also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder,provided Ownerhas, been given the opportunity to join In - i :eta such settlement agreements. The above indemnlfkation those shall not apply to state and local governments or loot service districts. In Ilei,thereof,whenever Owner is a government or dtstrkt It shall procure and maintain in effecteit least SI,000,000 of public liability insurance covering the acts, damages and expenses described in the'abode Indemnification clause. Upon Holy Cross'request, such an Owner shall furnish a Certlilcace of Insurance verifying-this 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. .1 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 givewritten notice by registered or certified mall demanding Owner to complete the work and obligattdns undertaken by Owner herein, and If such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete thN' ork 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. 8 As set forth In paragraph,l above,Owner covenants that the trench,and all Facilities within the trench installed hereunde1f shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below flnlsMe'd grade. It shall be the obligation of Owner to properly locate and construct the Facilities Within the easement Should"( 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 shag be the obllgatIon of Owner to provide new easements for the actual Niceties?�neeeFacilltles,or to relocate the Fardilvef within the easement;all of which shall be at the sok cost and experisto? smotittr 9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and tiansfonner vaults1(standr'I hereunder on the Property are accessible by Holy Cross boom trucks and other necessaryboulpment and persdhnePat all times. The use of such access by HolyCross shall not require removal or alteration of any Imp rovemerits,Iandsdpil ? or other obstructions. The ground surface grade shall not be altered Within ten HO)feet of said splice,swdtchge>}'Sl transformer vaults, nor along the power Ike route between the vaults. The ground surface grade at said trahefoiidhr and switchgear vaults y'fiell be six(6)inches below the top of the pad. The ground surface grade at said spllcev8 1d shall be even with the f6p of the pad. The manhole opening of said splice vaults shat be.ancovered texdudl" 'ill and accessible at all times. Improvements,landscaping or any other objects placed In the 4icnlry of said tray ora and switchgear shall be located so as not to hinder complete opening of the equipment thea. The ground sorb& within ten(10)feet of said transformer and switchgear doors shall be flat,leyel and free of Improvements,landscaping, and other obstructions. Improvements,landscaping and other objects will be kept a minimum of four(4)feet from nen- opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements'of this paragraph and Furter agrees-to correct any violations that may occur as soon as notified by Holy Cross. hid corrections will be made at the sole cost and expense of Owner. 10. All Holy Cross meter locations must be approved In advance. Notwithstanding such advance approval, It shall pe the Owner's responsibilitymaintain acceptable access,as determined solely by Holy Cross,to all Holy Cross meterlat'all times. At anytime in tit@ future,should access to anyltoly Cross meters be determined by Holy Cross to he unacceptabf4 then It shall be the Oymets responsibility, at the Owner's sole cost, to correct the access and make It acceptable determined solely by Hely Cross. ' ri 11. Owner covenants thatr Is the owner of the above described Property and that said Property is free and clear,bl encumbrances and lien,,,,,of any character,except those held by the following: All those of Record. The promises,agreemehts and representations made h'y Owner herein shall be covenants that run with the Property a}a shall be binding upon the successors In interest,and assigns,of the Property. •. n:-n. ac ' `;Id WfOR17-22832:78-52:Pltkittf County Landfill Overhead Tap 5/11/17 v-22512 A0 Page 2 of3 Revised 12/18/15 i i'.l1 RECEPTION#642628,10/26/2017 at 03 4513 PM,Pgs 3 of 3,Janice K.Vos Caudill,Pitkin County,CO 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. •ly_Cross Em • aColorado corporation The "rd sf County Comm .A•ners of%tkin County By I/ - !orey L�-1.L'' A_' J.1 David akley-Vice President,Engineering �/ Title: STATE OF Idd A • •COUNTY OF lt/ I )ss. L_ • • Th regaing.jpstrumentwas acknoyi ged before me this IG" ... .f / A veer_ 2041 by 1L 1'6{y.drAAL as(,jf�lY/NAW oF- d of County •• - isstoners of Minn County. • WITNESS my hand and official seal. My commission expires-. .e ib Addr ss:i p3I/�Ifsi� / / d A NO• A ET EJOKES 8/401 PUBLIC STATE OF COLORADO_ . NOTARY 10199Dgpp2Beg .. VICCNIteSION DARES 3W19®ER25,202I STATE OF C 01000•4\D ) COUNTY OF11� )s1. The foregoing Instrument was acknowledged before me this qty of C)061-)-es" 201.4' by David Bleakley-Vke Pregktent,Engineering,Holy Cross Energy,a Colorado corporation. WITNESS my hand and official zeal. My commission expires: 5110/ao Pinar)�PUNIC Address: 04 lb Qe c%3s')C . JS\\' maLLORIE METER • ��' to s a NOTARY PUBLIC STATE OP COLORADO • n,TARYICattle/O Ppm 'NiSSlO11 EDpp McRygM - • W/OP17-22832:78-52:Pltkin.County Landfill Overhead Tap 5/11/17 lanes:AC Page 3 of3 Revised 12/18/15 Trench,Conduit and Vault Agreement Holy Cross Energy CONTRACTi 3 moi- lot, #'y 3Go- non? 3 &( - i7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN 4t4 S1 W COUNTY,COLORADO,GRANTING AN UNDEDRGROUND RIGHT OF WAY EASEMENT TO HOLY CROSS ENERGY AND APPROVING THE EXTENSION OF ADDITIONAL ELECTRICAL FACILITIES TO THE PITKIN COUNTY SOLID WASTE CENTER FOR THE PURPOSE OF LEACHATE TREATMENT ORDINANCE NO. 07 -2017 RECITALS: I. Pursuant to 30-35-30 C.R.S.,the Board of County Commissioners of Pitkin County, Colorado(the"BOCC"),a home rule county,is authorized to make and publish ordinances for carrying into effect or dischaiging the powers and duties conferred upon such counties by law and as seems necessary. 2. Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"),the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statues as amended. 3. Pitkin County is the owner of real property situated in Section 08,Township 09 South, Range 85 West of the 6th P.M. as more fully described in that particular Quit Claim Deed recorded at Reception No. 346439 In the records of the Pitkin County Clerk and Recorder's Office,Aspen, Colorado. 4. The County desires to extend additional underground electric service to the Solid Waste Centel in order to effectively operate the required leachate water treatment system,which requires the attached easements and agreements to be effectuated. 5. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County. NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin County,Colorado that it hereby adopts an ordinance and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form. execute any other associated documents necessary to complete this matter. 11111IIIIIMIIIIIIIIIIIII IIIII liii!liii111111111111111111111111111IIIIIII RECEPTION#: 644345, R: $0.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 10,01/10/2018 at 04:26:04 PM Janice K.Vos Caudill, Pitkin County, CO INTRODUCED AND FIRST READ ON THE /$ DAY OF .C1a6i4 ,2017 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE '-DAY OF _ 2017. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE SOLUTION PUBLISIIED IN 171E ASPEN TIMES WEEKLY ON THE /Va. _DAY OF ,_bY/,2017. NOTICE OF PUBLIC HEARING AND 7 HE FULL TEX I'OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE&VAV pitkincounty com)ON THE LY '_DAY OF."7.f61ubu( 2017. „„���� ADO TEDl AFTER FINAL READING AND PUBLIC HEARING ON TH ,`}/ E -"- DAY OF- 7t,[-tbr s 2017. PUBLISHED BY TITLE AND SHORT SUMNJARy,AFTER ADOPTION,IN THE ASPEN TIMES WEEKLY ON THE 5DAY OF LYth &r,2017. POSTED BY TITLE AND SHORT SUMMARY ON,TIIE OFFICJAL PITKIN COUNTY WEBSITE(www.pitkincounty.com)ON THE l' L DAY OFc .-Cp!<.(g.JArr ATTEST' BOARD OF COUNTY COMMISSIONERS ' By> Y/4I1.11Uf �jf7t,%k- - BY !. Wit' .� ---- Jeane Jones / George New .n,Cha Depitly County Clerk �� Date. .. APPROVED AS TO FORM: MANAGER APPROVAL • John F . "ounty Attorney Jon Peacock,County Manager