HomeMy WebLinkAbout20201188.tiff/D
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Tri-State Generation and Transmission Association, Inc — USR19-0070
DEPARTMENT: Public Works DATE: April 8, 2020
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the issue:
The Department of Public Works received a request from the applicant, Tri-State Generation and Transmission
Association, Inc, requesting that the Board of County Commissioners consider approving the Road Maintenance
Agreement for the pipeline (USR19-0070). No collateral is required with this agreement.
Weld County Public Works, Planning Services 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.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option I. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According 7o Policy Regarding
Collateral For Improvements for USR 19-0070, and that this item be placed on the next regularly scheduled BOCC
Hearing, as part of the Consent Agenda.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin Ross
Anorove
Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
GC AWCt)A/TG/TL/TM)),
PLC KR 115o)
O5/O(-t19O
071-64,6910)
2020-1188
A.' 021 3?
ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Tri-State Generation and Transmission Association, Inc — USR19-0070
THIS AGREEMENT is made this day of / _ , 202O, by and between Tri-State
Generation and Transmission Association, Inc, a corporation orgized under the laws of the State of Colorado,
whose address is 1100 West 116th Avenue, Westminster, Colorado 80234, hereinafter referred to as
"Operator," 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, Operator has legal rights to permit for development the following described property in
the County of Weld, Colorado:
The transmission line commences at the Keota Substation
located in Sections 17, Township 9 North, Range 61 West
and proceeds in a northwesterly direction through
Sections 18, and 7 , Township 9 North, Range 61 West;
Sections 12, 1, 2 and 3, Township 9 North, Range 62
West; Sections 34, 33, 32, 29, 28, 21, 16, 9, and 4,
Township 10 North, Range 62 West; Sections 33, 32, 31,
30, 19, and 18, Township 11 North, Range 62 West;
Sections 13, and 14, Township 11 North, Range 63 West
and terminating at the Lloyd Sisson Substation in Section
11, Township 11 North, Range 63 West, all located within
the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Operator has received Board of County Commissioners conditional approval of USR19-
0070, and
WHEREAS, the Operator facility will generate additional vehicles and heavy traffic during
construction directly associated with USR19-0070; and
WHEREAS, the County, and Operator are desirous of agreeing to terms involving regulation of
haul routes, traffic control, and road wear arising from such additional traffic.
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
B. Haul/Travel Routes: Haul Route Roads are considered that length of roadway within 1/2 mile of
each access location of the transmission line.
Tri-State Generation and Transmission Association, Inc — USRI9-0070 — RMCA20-0003
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Carly Koppes, Clerk and Recorder, Weld County, CO
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C. Maintenance Requirements:
1.0 Off -Site Dust Control/Abatement: The Operator is required to provide dust abatement along affected
gravel Haul Route roads within 1/2 mile of each access location of the transmission line during construction,
as determined by the County. County will determine the proportionate share of dust control to be paid by
Operator based on Operator's proportionate share of traffic generated relative to other traffic in the area. 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 Operator's facility. The County will have sole responsibility for determination of the
percentage of haul route traffic on all affected roads.
2.0 Obligation to Maintain Current and Future Haul Routes: Operator will be financially responsible for
the excavation, repair, and patching of any damage on current or future haul route roads, which in the
reasonable opinion of County has been created by vehicle traffic to and from the Property. Should Operator's
site activities or vehicle circulation patterns change in the future so that County approves an alternate haul
route, and all or a significant portion of Operator's sourced traffic no longer utilizes the above -described haul
route and instead utilizes other portions of County roads, Operator shall cooperate with County in maintenance
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 forty-eight (48) hours of
notification by the County 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 Project traffic
that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Operator of such Significant
Damage. Operator 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 Operator identifies Significant Damage prior to receiving
notice thereof from County, Operator 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).
2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Operator'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 Operator shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs,
maintenance, improvements, or future road replacement of any particular Haul Route Road.
Operator's Proportionate Share shall be based upon the percentage of traffic on the road that is
attributable to Operator's facility. County personnel will determine the percentage based on then
current Equivalent Single Axle Load (ESAL) Counts. Operator shall not be responsible for traffic
that is not sourced from the Operator's facility.
3.2 The County shall notify Operator of County's preliminary determination and assessment of
Operator's proportionate share of costs. Prior to County's final determination and assessment,
County shall provide Operator with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review
and consider Operator's input prior to making a final determination and assessment. The County
shall have sole responsibility for determination of Operator's Proportionate Share of costs, subject
Tri-State Generation and Transmission Association, Inc —USR19-0070 — RMCA20-0003
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Carly Koppel, Clerk and Recorder, Weld County, CO
VIII FOLY710We I 'IlIHN IWN: PFD �'rliLtitilti 1I II 1
to the terms and conditions set forth herein.
Part II: General Provisions
A. General Requirements:
1.0 Permits. The Operator 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. Operator shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Public Works. Public Works 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: Operator 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 transmission line associated with
USR19-0070, 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 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 while acting within the scope of their
employment.
3.0 Liability for Damage to Road. Operator shall be financially responsible for any and all damage caused
to any Weld County Road as a result of the installation, use, or maintenance of the transmission line associated
with USR19-0070 through the County's rights -of -way, without regard to the negligence, or lack thereof, of
Operator or its agents. This provision shall survive Termination of this Agreement pursuant to Section B.2.0,
below, and shall be of no further force and effect ten years after mutual execution of this Agreement.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Operator has violated any of the
terms of this Agreement, County shall so notify Operator and shall state with specificity the facts and
circumstances which County believes constitute the violation. Operator 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: Termination Event: 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
Operator's complete cessation of all activities permitted by the USR. A partial cessation of
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Carly Koppes, Clerk and Recorder, Weld County, CO
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 the Operator 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 Operator's
USR, except that the Operator 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 Operator's completion of
construction of the facilities authorized by the underlying USR. Operator shall notify the County
of completion.
3.0 Revocation of USR: Operator 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.
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" include identified travel routes for subdivisions; references to
"haul vehicles" include subdivision vehicular traffic, as applicable.
1.3 All references to "Operator" shall include any individual or entity, who acts on behalf of the
Operator regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in
part by Operator without the express written consent of County and the written agreement of the party to whom
the obligations under this Agreement are assigned. Operator's release of its obligations shall be accomplished
by County's execution of a new Improvements Agreement with the successor owner of the Property. Consent
to a delegation or an assignment will not be unreasonably withheld or delayed by County. 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
the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be
binding upon the heirs, executors, personal representatives, successors and assigns of Operator, and upon
recording by the County, shall be deemed a covenant running with the land herein described.
3.0 Governmental Immunity: No term or condition of this agreement 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.
Tri-State Generation and Transmission Association, Inc — USR 19-0070 — RMCA20-0003
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4.0 No Third Party Beneficiary Enforcement: 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 contained in this Agreement shall give or allow any
claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the
express intention of the undersigned parties that any person or entity, other than the undersigned parties,
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
5.0 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.
6.0 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.
7.0 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, Operator agrees that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
8.0 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.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract Professional,
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, and associated Exhibits, 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,
Operator shall provide the County with proof of Operator's authority to enter into this Agreement within five
(5) days of receiving such request.
Tri-State Generation and Transmission Association, Inc — USR19-0070 — RMCA20-0003
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Carly Koppes, Clark and Recorder, Weld County, CO
1CIPP lVICAli6i 11111
OPEC OR: Tri-State Generation and Transmission Association, Inc.
By:
Name. Joel K. Bladow
Title: Senior Vice President, Transmission
STATE OF COLORADO
Date: 9/912020
SS.
County of Adams
The foregoing instrument was acknowledged before me this day of
2020, by Joel K. Bladow, as Senior Vice President, Transmission, for Tri-State Generation
& Transmission Association, Inc.
FAITH WARNER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154035614
MY COMMISSION EXPIRES SEPTEMBER T. 2022
Notary Public
WITNESS my hand and official seal.
WELD COUNTY:
ad�aW) f'JCL'
, ✓ .
ATTEST: �/
Weld Fo Cle • the Bo
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
APR 2 2 2020
Tri-State Generation and Transmission, Inc. — USR19-0070 — R.MCA20-0003
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Carly Koppes, Clerk and Recorder, Weld County, Co
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0.2-0020—//f!P
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID*
TRI-STATE GENERATION AND @00031760
TRANSMISSION ASSOC INC
Contract Name* Contract ID
RMCA20-0003 USR19-0070 TRI-STATE GENERATION AND 3541
TRANSMISSION ASSOC INC
Contract Status
CTB REVIEW
Contract Lead*
DRANDERSON
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
dranderson@co weld co us
Contract Description*
RMCA20-0003 USR19-0070 TRI-STATE GENERATION AND TRANSMISSION ASSOC INC NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount *
$0 00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorka@weldgov.com
Department Head Email
CM-PublicWorks-
De pt Hea d@weldgov. cum
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO.WELD.CO US
Requested BOCC Agenda
Date*
04!2212020
Due Date
04+18/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date Review Date* Renewal Date
04'16(2021
Termination Notice Period Committed Delivery Date Expiration Date*
04122,22021
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
04/15/2020
Final Approval
MCC Approved
YES
BQCC Signed Date
04122/2020
MCC Agenda Date
04/22/2020
Originator
DRANDERSON
Contact Type Contact Email
Finance Approver
CONSENT
Contact Phone 1
Purchasing Approved Date
04/15/2020
Finance Approved Date
04115/2020
Tyler Ref #
RECORDING
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
04/1512020
Submit
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