HomeMy WebLinkAboutresolution.council.049-12 RESOLUTION #
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT FOR UNDERGROUND EXISTING
OVERHEAD POWER LINES THROUGH BURLINGAME RANCH PHASE IIA
BETWEEN THE CITY OF ASPEN AND HOLY CROSS ENERGY
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
/ BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
underground existing overhead power lines through the Burlingame Ranch Phase
IIA project, between the City of Aspen and Holy Cross Energy, a true and accurate
copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for underground existing overhead power lines through the Burlingame Ranch
Phase IIA project, between the City of Aspen and Holy Cross Energy, a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 14`h day of May 2012.
leja04,4•4‘..
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, May 14, 2012.
✓L� . _d/A _1�,
Kate' yn S. och, City Clerk
R LB I Rider Levett Bucknall
1621 Eighteenth Street
Suite 255
Denver,Colorado 80202
T:+1 720 904 1480
F:+1 720 904 1481
memorandum
To Scott Miller, Chris Everson City of Aspen
cc Steve Bossart City of Aspen
From Rob Taylor •
Date 17 April 2012 •
Subject Burlingame Ranch Phase II Rev 2
Reference No.
Holy Cross Electric Undergrounding -Recommendation
Scott/Chris
The purpose of this memo is to recommend that a Contract with Holy Cross Energy be approved.
Background
A key part of the Access Infrastructure work in 2012 is the electrical undergrounding of the current two
overhead lines that run across the Burlingame site.
Holy Cross have provided a proposal to the sum of$516,000 to provide the conduit and vault material,
wire, connection and commissioning of the Ajax/Highlands and Silverking circuits,with a total new
underground length of approximately 3,700 I.f. The conduit and vault install is part of the already
approved Haselden GMP Contract.
Holy Cross have also stated that this proposal includes an allowance for work needed to support the
existing power poles, as,the Burlingame project excavates close to the current over-head lines.
Burlingame will work very close to three Holy Cross service poles.
This cost of$516,000 is within budget and is included as part the current approved 2012 Burlingame
Phase II budget appropriation, so requires no additional cost to the City. We note that this trade is
subject to fluctuations of material pricing (notably aluminum electric wire)and the Holy Cross proposal is
subject to actual costs being submitted upon completion. We will monitor costs with Holy
Crossaccordingly.
Recommendation
We recommend that City Council approve the Holy Cross proposal for$516,000 and that the Contract is
ratified for this scope of work.
Please contact me for any queries relating the attached or above.
Sincerely,
Rob Taylor
Associate Principal
Rider Levett Bucknall Ltd
Encl:Holy Cross Proposal April 16, 2012 incl maps. HCE signed contract
www.rlb.com
GROSS
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• < 3799 HIGHWAY 82• PO. BOX 2150
'''"` GLENWOOD SPRINGS,COLORADO 81602
s O (970)945-5491 •FAX(970)945-4081
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April 16, 2012
City of Aspen
Mr. Steve Bossart, Project Manager
1 30 South Galena
Aspen, CO 81611
Dear Mr. Bossart:
Holy Cross Energy has completed the design and cost estimate for underground existing overhead power
lines through the Burlingame Ranch 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 $516,000.00
Per Franchise Agreement between Holy Cross Energy and City of Aspen, no prepayment required.
The above figures are only estimates. After the job has been completed, the actual cost of construction
will be determined. Your contribution will be adjusted to reflect the actual contribution required. •
Execution of this document constitutes agreement to pay this amount in a timely manner.
Our facilities must be installed on an easement. Since the utility easement is to be dedicated and assigned
in the recorded final plat, Holy Cross Energy has reviewed the preliminary plat, and we will sign a final
copy upon submittal. In the event any Holy Cross utility are built outside of these recorded easements, we
will need to get our standard easement document executed.
The following conditions are hereby noted:
1 . 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.
2. It shall be Owner's responsibility to ensure that splice 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, nor along the power line route between the vaults. 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. 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.
•
A Touchstone Energy"Cooperative%‘t.
City of Aspen
Steve Bossart, Project Manager
April 16, 2012
Page Two
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3. 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.
4. All Holy Cross Energy rules and regulations will be followed.
When Holy Cross Energy is in receipt of the recorded final plat showing our easements, other permits, if
required, the executed trench agreement, and the signed original of this letter agreement (below), the job
can be scheduled for construction. The City hereby agrees to pay the actual cost of construction for this
project upon the receipt of billing.
Sincerely,
HOLY CROSS ENERGY
66//,-) 6
Libby Cowlig ,
Engineering Department
(cowling @holycross.com
(970) 947-5428
LC:vw
Enclosure
The above terms and conditions
• are hereby.,...--. to//�and accepted
l
By: Apr/
Title: WJ .4m.LIAA
Date:
W/O#12-21 540:Burlingame UG:78-65 & 90-49
12-21 540 Bossart
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TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this day of , 20
between THE CITY OF ASPEN, COLORADO, a Municipal Corporation, whose mailing address is 130 South Galena Street, Aspen,
Colorado 81611, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box
21 50, 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 Burlingame Ranch, 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: Burlingame Ranch Affordable Housing, Filing 1, Tract B, and Park Trust
Exemption Lot 5, a/k/a Parcel 2, located in Section 2, Township 10 South, Range 85 West of the 6" P.M., 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 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 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. -
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 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, nor along the power line route between the vaults. 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. 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: All those of Record.
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 CITY OF ASPEN, COLORADO, a Municipal Corporation
By: ' w _..A By: /0. r
Ric .rd D. Brinkley, Chief •.erating 0' icer ayor
STATE OF CO(brO )
Fit )
l 1� ) ss.
COUNTY OF {V� )
T e f•re•o' ins en i ..�-N d before me this (W day of M4 , 20)
al " g a'►t. as Mayor of THE CITY OF ASPEf , COLORADO, a Municipal Corporation.
WITNESS my han an¢•oVIcial seal. �• ���,/ �_ / , I p r 4 `
My commission r pits: •• !/�"vt� r'i{LISW•
Notary Public
Q Address:
AgXI . CL,[Plat-CC-0
��NZ A, 00000•
OF CQ�pP
My Commission Expires 0912512013
W/0#12-21.540:Burlingame UG:78-65 & 90-49:4-16-12 12-21540 Bossart LC Page 2 of 3 Revised 4-5-11
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STATE OF C CC S CLA )
ss.
COUNTY OF )LGUL �e�rL )
The foregoing instrument was acknowledged before me this 174 day of (1�),AA, , 20 I , by
Richard D. Brinkley, Chief Operating Officer of Holy Cross Energy, a Colorado corporat'on.
WITNESS my hand and official seal. 7 n 1
My commission expires: o°_ r_ � , ..��.�,� �l Ct-L,tit. L:-/LC1Let— i)
034N r Notary Public
t•NOTARY to, Address: /d- n.+�`a cc� ✓LLrL Y Co 81601
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W/O#12-21 540:Burlingame UG:78-65 & 90-49:4-16-12 12-21540 Bossart LC Page 3 of 3 Revised 4-5-11
Trench, Conduit and Vault Agreement
Holy Cross Energy
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