HomeMy WebLinkAbout20252417.tiffCun-h,acl- IDS q 851
MEMORANDUM
TO: Clerk to the Board
DATE: August 21, 2025
FROM: Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Road Maintenance
During Construction Agreement For:
Public Service Company of Colorado — 1MJUSR25-08-1647
Request to Approve Road Maintenance During Agreement:
The Department of Planning Services received a request from the applicant, Public Service
Company of Colorado, requesting that the Board of County Commissioners consider approving the
Road Maintenance During Construction Agreement for (1 MJUSR25-08-1674). No collateral is
required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed
the above mentioned signed original document and observed the following:
All Public Works related items, of the "Road Maintenance Agreement According To
Policy", are found to be acceptable.
This Agreement complies with the terms of the Use by Special Review Permit
Resolution, as signed by the Board of County Commissioners.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for
1MJUSR25-08-1674, and that this item be placed on the next regularly scheduled BOCC Hearing,
as part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Public Service Company of Colorado — 1MJUSR25-08-1647
THIS ROAD MAINTENANCE AGREEMENT, hereinafter referred to as "Agreement", is made this
CDI day of August, 2025, by and between Public Service Company of Colorado, a corporation organized
under the laws of the State of Colorado, whose address is 3500 Blake Street, Denver, Colorado 80205,
hereinafter referred to as "PSCo," authorized to do business in the State of Colorado, and the County of Weld,
a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners,
whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, PSCo is the owner of the following described property in the County of Weld, Colorado:
All of Section 10, Township 3 North, Range 67 West of
the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, PSCo has received the Board of Weld County Commissioners conditional approval of
1MJSUR25-08-1647 for the construction, operation, and maintenance of two (2) new natural gas fired
combustion turbine units at the Fort St. Vrain Generating Station and the installation of selective catalytic
reduction on the existing Unit 2 Heat Recovery Steam Generator (collectively, the "PSCo facility"), and
WHEREAS, construction of the PSCo facility will generate additional vehicles and heavy traffic
directly associated with 1MJUSR25-08-1647, for an extended period of time; and
WHEREAS, the County, and PSCo are desirous of agreeing to terms involving regulation of haul
routes, traffic control, and road wear arising from such additionaltraffic;
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
Part I: SITE SPECIFIC PROVISIONS
A. Reserved 2
B. Haul Routes and Haul Route Roads: PSCo shall be financially responsible for its proportional
share of the associated costs for completing repairs to the designated haul/travel routes caused by the PSCo
facility construction traffic.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property and PSCo
facility: 1153:111-1
1) North and south along County Road 21 between Highway 66 and County Road 34. .,
2) East and west along County Road 34 between County Road 21 and County Road 19.5. �� m
3) North and south along County Road 19.5 between County Road 34 and approved site access.
2.0 Haul Trucks. Haul trucks shall enter and exit the site at the approved access(es) on County Road 19.5 NNY
rn
and remain on paved roadways for further dispersal. Any County roads used by construction traffic for the a z
PSCo facility associated with 1MJUSR25-08-1647 may become part of the established haul/travel routes.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and
axle configurations unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above -mentioned haul/travel route for a limited period (six months or less), Weld County Planning Services
may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county
roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months
or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the
haul/travel routes designated herein and provide notice to PSCo.
5.0 Haul Route Signage. PSCo shall install travel route signs, if applicable, as per Manual of Uniform
Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving
the PSCo facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board or Weld County
Planning Services pursuant to this Agreement, no use of any roads other than those specifically authorized for
use in this Agreement is permitted without the prior written amendment of this Agreement.
C. Repair Requirements:
1.0 Off -Site Dust Control/Abatement. PSCo is required to provide dust abatement along affected gravel
haul route roads, if any, as determined by the County. If applicable, the County will determine the proportionate
share of dust control done by the County to gravel haul route roads to be paid by PSCo. The amount and extent
of dust control measures will be determined by site -specific conditions at the time, as determined exclusively
by County personnel. The County reserves the right to install traffic counters on the driveway(s) of the PSCo's
facility during construction. The County will have sole responsibility for determination of the percentage of
PSCo facility haul route construction traffic on all affected roads.
2.0 Obligation to Repair Current and Future Haul Routes. PSCo will be financially responsible for the
excavation, repair, and patching of any damage on current or future haul route roads, which in the reasonable
sole opinion of County has been created by PSCo's facility vehicle construction traffic to and from the
Property. Should PSCo's site construction activities or related vehicle circulation patterns change in the future
so that County approves an alternate haul route, and all or a significant portion of PSCo's construction traffic
no longer utilizes the above -described haul route and instead utilizes other portions of County roads, PSCo
shall cooperate with County in repair of said roads which are included within the new haul route. The type
and method of repair will be determined by the County Engineer or his representative. Repairs shall commence
within 48 hours of notification by the County, as provided in Part II., Section C., below for any roadway
damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall
commence within thirty (30) days of receipt of Weld County's written notice.
2.1 Need for Immediate Repairs. In the event of damage to an Approved Haul Route by PSCo facility
construction traffic that causes an immediate threat to public health and safety or renders the road
impassible ("Significant Damage"), County shall, after inspection, notify PSCo of such Significant
Damage. PSCo shall identify the repair required and shall consult with County on the extent, type,
timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24)
hours after receipt of such notice and shall commence such repair within forty-eight (48) hours
after receipt of such notice. If PSCo identifies Significant Damage prior to receiving notice thereof
from County, PSCo may commence repair of such Significant Damage and shall concurrently
notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus
permanent).
Public Service Company of Colorado — 1MJUSR25-08-1647
Page 2 of 8
2.2 In County's reasonable sole discretion, County may in emergency situations, and without giving
PSCo notice as required by this Agreement undertake immediate action to complete repairs to
approved haul route roads caused by PSCo facility construction traffic that the County deems
necessary for public safety. PSCo's payment for its Proportionate Share of the road
repairs/improvements will be calculated as described in this Agreement.
3.0 Proportionate Share of Road Maintenance Responsibilities.
3.1 PSCo shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs, or
maintenance of any particular Haul Route Road. PSCo's Proportionate Share shall be based upon
the percentage of construction traffic on the road that is attributable to PSCo's facility. County
personnel will determine the percentage based on then current Equivalent Single Axle Load
(ESAL) Counts. PSCo shall not be responsible for traffic that is not sourced from the PSCo facility.
3.2 Following a joint inspection of the Haul Route Roads by PSCo and the County, which inspection
shall occur within 30 days after PSCo gives notice to the County that the PSCo facility has been
completed, the County shall notify PSCo of County's preliminary determination and assessment
of PSCo's proportionate share of Haul Route Road costs. Prior to County's fmal determination
and assessment of such costs, County shall provide PSCo with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The
County shall review and consider PSCo's input prior to making a final determination and
assessment. The County shall have sole responsibility for making a reasonable determination of
PSCo's proportionate share of costs.
Part II: GENERAL PROVISIONS
A. General Requirements:
1.0 Permits. PSCo is required to apply for and receive all permits required by the County or any other
applicable local, State, or federal permit, including but not limited to:
1.1
Access Permits. PSCo shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Planning Services. Planning Services may condition
the issuance of an updated access permit on the amendment of this Agreement if the updated access
permit authorizes the use of an additional access point, or if there is a change in use of the current
access point, as permitted by Article XIV of Chapter 8 of the Weld County Code.
1.2 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works.
No work shall occur without said ROW permit.
1.3 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the
operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
2.0 Release of Liability. PSCo shall indemnify and hold harmless the County from any and all liability
loss and damage County may suffer as a result of all suits, actions or claims of every nature and description
caused by, arising from, or on account of said design and construction of the site -specific use associated with
1MJUSR25-08-1647, and pay any and all judgments rendered against the County on account of any such suit,
action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such
Public Service Company of Colorado — 1MJUSR25-08-1647
Page 3 of 8
suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the
County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the County or its employees, officers, or agents while acting within
the scope of their employment.
All contractors and other employees engaged in construction of the improvements shall maintain adequate
worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance
with the laws and regulations of the State of Colorado governing occupational safety and health.
3.0 Liability for Damage to Road. PSCo shall be financially responsible for any and all damage caused to
any Haul Route Road as a result of required upgrade, installation, construction use, or maintenance of the PSCo
facility, without regard to the negligence, or lack thereof, of PSCo or its agents as set forth in Part I, Section
C.2.0 above.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement. If in County's reasonable opinion, PSCo has violated any of the
terms of this Agreement, County shall so notify PSCo and shall state with specificity the facts and
circumstances which County believes constitute the violation. PSCo shall have thirty (30) days within which
to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy described in
this Agreement or otherwise provided by law.
2.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events:
2.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon PSCo's
complete cessation of all activities permitted by the USR. A partial cessation of activities shall not
constitute a Termination of this Agreement, nor shall County's issuance of a partial release
constitute a Termination. Unless informed in writing by PSCo of cessation of activities, and
verified by the County, cessation shall be presumed if the County determines that the USR has
been inactive for three (3) years.
2.2 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new operator who has purchased the Property
or has assumed the operation of the business permitted by the USR and intends to make use of the
rights and privileges available to it through the then existing USR.
2.3 Revocation of USR. This Agreement shall terminate following County's revocation of PSCo's
USR, except that PSCo shall only be released from this Agreement after the successful completion
of all improvements required under this Agreement.
2.4 Completion of Construction. This Agreement shall terminate following PSCo's completion of
construction of the facilities authorized by the underlying USR. PSCo shall notify the County of
completion.
3.0 Revocation of USR. PSCo acknowledges that failure to comply with the material terms of this
Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole reasonable
discretion by proceeding with revocation under the then current provisions of the Weld County Code.
4.0 Court action. Upon notice of violation and failure to cure within the time permitted by this Agreement,
County may seek relief in law or equity by filing an action in the Weld District Court.
Public Service Company of Colorado — 1MJUSR25-08-1647
Page 4of8
C. Miscellaneous Provisions.
1.0 Definitions:
1.1 All references in this Agreement to "County Engineer" shall refer to the any individual or
individuals appointed by the County Engineer to act on his/her behalf.
1.2 All references to "Haul Routes" or "Haul Route Roads" shall refer to those public roadways
identified in Part I, Section B.1.0 above; references to "haul vehicles" include PSCo facility
vehicular construction traffic, as applicable.
2.0 Successors and Assigns.
2.1 PSCo may not delegate, transfer, or assign this Agreement in whole or in part, without the prior
express written consent of County and the written agreement of the party to whom the obligations
under this Agreement are assigned. Consent to a delegation or an assignment will not be
unreasonably withheld by County. In such case, PSCo's release of its obligations shall be
accomplished by County's execution of a new Improvements Agreement with the successor owner
of the property.
2.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
3.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
4.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
5.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
6.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement
may be changed or supplemented only by a written instrument signed by both parties.
7.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
Public Service Company of Colorado — 1MJUSR25-08-1647
Page 5 of 8
8.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or
Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute.
9.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and PSCo, concerning this
Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal
costs incurred by or on its own behalf.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants
to the other that the execution and delivery of the Agreement and the performance of such party's obligations
hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such
party and enforceable in accordance with its terms. If requested by the County, PSCo shall provide the County
with proof of PSCo's authority to enter into this Agreement within five (5) days of receiving such request.
12.0 Acknowledgment. County and PSCo acknowledge that each has read this Agreement, understands it
and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or
incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and
supersedes all proposals or prior agreements, oral or written, and any other communications between the parties
relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict
between any term in this Agreement and the Resolution of the Board of County Commissioners approving the
underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy
between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the
Weld County Code shall control.
14.0 All notices required to be given under the terms of this Agreement shall be in writing and may be
mailed or electronically transmitted, addressed to the parties as follows:
Weld County: Weld County Board of County Commissioners
C/O County Attorney's Office
1150 "O" Street
Greeley, Colorado 80631
PSCo:
Public Service Company of Colorado
Siting & Land Rights
ATTN: Jennifer Chester, Senior Manager
CO1453-03-MCA
3500 Blake Street
Denver, Colorado 80205
With a copy to:
Public Service Company of Colorado — 1MJUSR25-08-1647
Page 6 of 8
Xcel Energy Services, Inc.
ATTN: Legal Services, Real Estate
CO1453-04-MCB
3500 Blake Street
Denver, Colorado 80205
Public Service Company of Colorado — 1MJUSR25-08-1647
Page 7 of 8
PUBLIC SERVICE COMPANY OF COLORADO
A Colorado Corporation
By:
Name:
Title:
JOfl(111;( `• Ckcie,'
STATE OF COLORADO
County of "pe_nver—
Date
SS.
9/a5
The foregoing instrument was acknowledged before me this I� day of
2025, by .oil i d'ri e-j+OSUhi
WITNESS my la d onr1 nfFir it 1 real
AIRRIE GABRIEL ROBINSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 1DS 20204042806
MY COMMISSION EXPIRES 1215 2028
Notary Public
WELD COUNTY: (,
ATTEST: ggeA44) a"' 414:6i
Weld C. my Cler to the Board
BY:
1 aae
uty Clerk to the Board G% "
BOARD OF COUNTY COMMISSIONERS
WE I ,)� COUNTY, COLORADO
Perry L suck, Chair
AUG 2 5 2025
5050248 Pages: 8 of S
08/29/2025 11:58 AMd Rcee:$0.0 d County , CO
Carly Koppes, i
111111
Public Service Company of Colorado — 1MJUSR25-08-1647
Page 8 of 8
ZOZ5PZy 1
Contract Form
Entity Information
Entity Name* Entity ID*
PUBLIC SERVICE COMPANY OF @00020329
COLORADO
Contract Name*
ROAD MAINTENANCE DURING CONSTRUCTION
AGREEMENT PUBLIC SERVICE COMPANY OF
COLORADO 1 MJUSR25-08-1647
Contract Status
CTB REVIEW
O New Entity?
Contract ID
9857
Contract Lead *
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weld.go
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT PUBLIC SERVICE COMPANY OF COLORADO
1 MJUSR25-08-1647 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department
AGREEMENT PLANNING
Amount*
$0.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department Email
CM-Planning@weld.gov
Department Head Email
CM-Planning-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 08/21/2025
08/25/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date*
08/25/2026
Committed Delivery Date
Renewal Date
Expiration Date*
08/25/2027
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DAWN ANDERSON
DH Approved Date
08/21/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08/25/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
08/21/2025 08/21/2025
Tyler Ref #
AG 082525
Originator
JTRUJILLOMARTINEZ
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