04-11-2007 HOLY CROSS ENERGY ESTIMATED COST FOR CONSTRUCTION OF AVON TRANSIT 3 PHASE UNDERGROUND1
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April 1 1, 2007
Town of Avon
Attn: Norman wood, P.E.
PO Box 975
Avon, CO 81620
Re: Avon Transit Center 3 Phase Underground
Dear Mr. Wood:
3799 HIGHWAY 82 • PO. BOX 2150
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5491 • FAX (970) 945-4081
Holy Cross Energy has completed a design and cost estimate for providing electric service to the above
referenced project, hereinafter the "Project". Our facilities will be installed as shown on the attached
sketch. The owner or developer of the subject Project is hereinafter referred to as the "Owner".
The estimated cost of construction is as follows:
Total estimated cost of underground construction $15,900.00
Construction deposit consisting of equivalent
overhead credits (refundable) $ 7,800.00
Contributions in aid of construction (non-
recoverable) 8,100.00
Total payment required before starting work $15,900.00
The above figures are only estimates. After the job has been completed, the actual cost of construction
will be determined. The Owner's contribution and deposit will be adjusted to reflect the actual cost by
making a refund or further assessment. Execution of this document constitutes the Owner's agreement to
pay any further assessment in a timely manner. Adjusted construction deposits are available for refund
over a ten year period as specified by Holy Cross Energy's Line Extension Policy.
Our power facilities will be installed within the 50' Roadway and Utility Easement, as described on sheet 1
of 8 and sheet 4 of 8 of the Final Subdivision Plat - Amendment No. 4, Benchmark at Beaver Creek,
recorded at Book 274 at Page 701, in the records of the Eagle County Clerk and Recorder's Office, Eagle,
Colorado. Signature of the letter agreement (below) constitutes approval of the transformer within this
50' Roadway and Utility Easement.
The following conditions are hereby noted:
The enclosed "Load and Metering Equipment Information" form must be completed, signed, and
returned.
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.
4. 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.
5. The route of our proposed underground power line extension must be at final grade and free of
obstructions before power line construction is started.
6. 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.
7. The above estimate is for Holy Cross Energy facilities and does not include the installation of
telephone or television facilities. It will be the Owner's responsibility to coordinate construction
and make contractual agreements with the other utilities.
8. 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.
A ToUchstone Energy'Cooperative .
Town of Avon
Norman Wood, P.E.
Page 2
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.
9. Secondary voltage available will be 208Y/1 20, three-phase.
10. 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.
1 1. It will be the Owner's responsibility to extend underground secondary entrance conductors from
the pad-mounted transformer to points of power usage.
12. 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.
13. The meter housing must be positioned so the meter faces a driveway or road.
14. Low voltage starting will be required on all three-phase motors larger than 25 HP and all single-
phase motors larger than 10 HP.
15. 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.
16. 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.
17. 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.
18. 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.
19. All Holy Cross Energy rules and regulations will be followed.
When Holy Cross Energy is in receipt of the owner's check in the amount of $15,900.00, other permits, if
required, a completed "Load and Metering Equipment Information" form, the executed trench agreement,
and the signed original of this letter agreement (below), the job can be scheduled for construction.
Sincerely,
H
OLY CROSS ENERGYD
C~ VU i~
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Libby Co g,
Engineering Department
Icowling@holycross.com
(970) 947-5428
LC:vw
Enclosure
cc: Jeffrey Schneider,
Town of Avon Engineering Dept.
W/0#07-20064:50-67:Avon Transit Center 3o 07-20064 Wood
The above terms and conditions
are Threby?preed by
are and accepted
8y: Titl
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TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this day of , 20
between TOWN OF AVON, whose mailing address is PO Box 975, Avon, Colorado 81620, 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 Avon Transit Center, 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 portion of land situate within the SE NW %a of Section 12,
Township 5 South, Range 82 West of the 6`h P.M. Said land is within the Benchmark Road right-of-way as more fully described in
the official plat - Town of Avon, Eagle County, Colorado and final Subdivision Plat - Amendment No. 4 Benchmark at Beaver Creek,
Eagle County, Colorado. Said right-of-way is more fully described by Reception No. 171107 in the records of the Eagle County,
Colorado
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 Project described as follows: Not Applicable, 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 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 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/0#07-20064:50-67:Avon Transit Center 3o LIGA-9-07 07-20064 Town of Avon Page 1 of 2 Revised 7-7-04
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 five (5) 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.
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 TOWN OF.-AgV~
By: By: ~V' Richard D. Brinkley, General Manager of Mayor
Electric Operations and Engineering
STATE OF (C>~ x-` 812 )
COUNTY OF '~:aq
The f
WITNESS my hand and
My commission expire
STATE OF
COUNTY OF
) ss.
me this 10 day of 20C-1, oy
s Mayor of the TOWN OF AVON.
J Me Notary Public
Address: y 3
aVo(l CE_~
L ;
18al seal.
OF CO\.O
My Commission Expires B
I a`1 ( ao► o
) ss.
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/0#07-20064:50-67:Avon Transit Center 3e UG:4-9-07
07-20064 Town of Avon
Trench, Conduit and Vault Agreement
Holy Cross Energy
'0 Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer
Jeffrey Schneider, Engineer II
Date: July 5, 2007
Re: Avon Transit Center
Holy Cross Energy - Service Agreement and Trench, Conduit, and Vault
Agreement
Summary:
The Avon Transit Center project generally consists of realignment of the existing Benchmark
Road roadway and installation of new pedestrian plazas and sidewalks, curb and gutter,
landscaping, drainage system, transit shelter, and shallow utilities. Part of the utility scope is
the installation of a three-phase transformer to service both the transit shelter and associated
site lighting, and potentially, the temporary snowmelt boiler system. This memorandum is to
approve the Agreement with Holy Cross Energy to provide electric service and transformer to
the site. The Service Agreement and Trench, Conduit, and Vault agreement from Holy Cross
Energy is included as Exhibit A.
Discussion:
The Holy Cross Energy agreement presented herein is actually two separate agreements, one
for electric service, including transformer, to the site, and the other a Trench, Conduit, and
Vault agreement. The first agreement merely arranges for electric service to the site and
installation of a 3-phase transformer. The second agreement provides for installation of
underground facilities by the Contractor, B&B Excavating.
Included in B&B Excavating's construction scope for the Avon Transit Center project is the
installation of electric utilities to service the 'Transit Center. The agreement with Holy Cross
Energy states that the Owner, via its Contractor, is to provide excavation, conduit and vault
installation, backfill, compaction, and cleanup necessary to install the facilities required to
service the project. Holy Cross will provide materials such as conduit and vaults to be
• installed by the Contractor. The attached agreement mandates the standards by which the
underground facility installation will be installed.
CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLKFC\Council Memo Holy Cross Trench
Conduit Valut Agmt.doc 1
S
The utilities are to be located within the 50' Roadway and Utility Easement for Benchmark
Road. A schematic of the electric utility layout is shown as Page 3 of the Agreement shown
in Exhibit A. The Contractor is to install trenching and conduit approximately 54-feet in
length from an existing splice vault, to the new transformer location immediately southeast of
the Seasons building. Holy Cross then installs the transformer and associated wiring per the
attached agreement. Staff recommends approval of the attached agreements.
Financial Implications:
The budget for the Transportation Center Project-is shown below:
Line Item
Budget
Construction
$2,708,276
Final Design
85,000
Project Administration
50,000
Utilities & Tap Fees
45,000
Contingencies
135,000
2007 Budget
$3,023,276
Installation of electric service (including transformer) to the Transportation Center is included
in the Utilities and Tap Fees line item and the $15,900 required by Holy Cross Energy is
expected to be well within the budgeted amount. Note that the $15,900 amount is an estimate •
and actual construction costs may differ slightly.
Recommendations:
Approve the Three Phase Underground Agreement and the Trench, Conduit, and Vault
Agreement with Holy Cross Energy for electric service to the Avon Transit Center.
Attachments:
Exhibit A - Holy Cross Energy Agreements
CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLKFC\Council Memo Holy Cross Trench
Conduit Valut Agmt.doc 2
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