HomeMy WebLinkAbout25-116 Tri-State Generation & Transmission Association Weld County Rd. 26 Bridge Replacement Project Agreement 11-12-2025RESOLUTION NO. 251 16
A RESOLUTION OF THE BOAR!) OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO,
APPROVING AN AGREEMENT WITH TRI-STATE GENERATION AND TRANSMISSION
ASSOCIATION PERTAINING TO THE WELD COUNTY ROAD D 26 BRIDGE REPLACEMENT PROJECT
WHEREAS, the Town of Firestone ("Town") sill be replacing bridge located on Weld County Road 26 in
Weld County, Colorado ("Bridge") that crosses the Last Chance Ditch (the "Project"); and
WHEREAS, 'I ri-State Generation and Transmission Association ("Tri-State") owns and operates a l I5 kV Del
Camino Switching Station to Rinn Valley Substation Transmission Ifine traversing along the north side of Weld
County Road 26 (the "1 mne") near the Ditch. and
WHEREAS, part of the Project will n' ols e construction and installation ofprecast concrete culvert segments,
approximately 7'-C" in height, between Tri-State's transmission structure nos. 33 & 34 for the Line along Weld County
Road 26 (the Work"); and
WHEREAS, the Work may require certain precautions to be taken to ensure safety, including Line temporary
de-energization and/or performing the Work under energized I- lot Line Order ("HLO"), and other construction and
electric utility coordination efforts. such as planning, scheduling, dispatching, and on -site utility labor while the Work
is being perfon med ("( onstruction Support Services"); and
WHEREAS, the Town has requested from and Tri-State is willing to provide to the Town, the Construction.
Support Services so that the Town can undertake and complete the Work and the Project in a timely manner; and
WHEREAS, the Parties wish to enter into an Agreement for Construction Support Services to formalize and
establish the terms of the Parties' responsibilities and payment obligations relating to the Project. Work, and,/or
Construction Support Service, attached hereto as Exhibit A.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTO+lE, COLORADO:
The Agreement for Construction Support Services for the Weld County Road 26 Bridge and Culvert
Replacement Project between the Town of Firestone and Tri-State Generation and Transmission Associatoin is
approved, in substantially the same form as the copy attached hereto as! xhihit A, with such additions or modifications
as the Town Attorney may determine to be necessary and appropriate to protect the interests of the Town or to
effectuate the purposes of this Resolution.
PASSED,AND ADOPTED this day of Nflttffl JfY2OS
ATTTT''.-
ra na os Luna. CMC. Town Clerk
APPRO S TO FORM:
arsh eith Iwl' in owl torney
35372155.2
EXHIBIT
[FirestoneJTri-State Agreement for Construction Support Services
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This Agreement is made and entered into as of October 21, 2025 ("Agreement Date"), between
Tri-State Generation and Transmission Association, Inc. ("Tri-State"), a Colorado cooperative
corporation, and the Town of Firestone, a statutory town organized and existing under the laws
of the State of Colorado ("Firestone"). Tri-State and Firestone are also referred to hereinafter
individually as a "'Party" or collectively as the "Parties."
t • �t.f• • - _lF . �.
Tri-State owns and operates a 115 kV Del Camino Switching Station to Rinn Valley Substation
Transmission Line traversing along the north side of Weld County Road 26 (the "Line").
Part of the Project will involve construction and installation of precast concrete culvert segments,
approximately ,-6„ in height, between Tri-State's transmission structure nos. 33 & 34 for the
Line along Weld County Road 26 (the "Work"). An aerial view map of the Work area is attached
hereto and incorporated herein as Exhibit A.
The Work may require certain precautions to be taken to ensure safety, including Line temporary
de-energization and/or performing the Work under energized Hot Line Order ("HL"), and other
construction and electric utility coordination efforts, such as planning, scheduling, dispatching,
and on site utility labor while the Work is being performed ("Construction Support Services").
Firestone has requested from, and Tri-State is willing to provide to Firestone, the Construction
Support Services so that Firestone can undertake and complete the Work in a timely manner.
Firestone estimates the Work will occur in November 2026, Completion of the Work is subject,
to uncertainty due to project timing and construction delays.
Nonetheless, the Parties wish to enter into this Agreement to formalize and establish the terms
of the Parties' responsibilities and payment obligations relating to the Project, Work, and/or
Construction Support Services.
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1, Agreement: The Parties agree as follows.:
2. Services:
21 Tri-State, at Firestone's expense as more fully described in Section (4) — Invoicing'
and Payment, will provide the following Construction Support Services related to
the Work:
2.1.1 Draft, negotiate, and administer this Agreement._
2.1,2 In consultation with Firestone, develop and approve a mutually agreeable
comprehensive Work safety plan that outlines procedures and protocols
for all aspects of the Work that may be in close proximity to Tri-State
electric facilities, consisting of hazard identification and assessment,
worker safety procedures and guidelines, stop work and emergency
response procedures, roles and responsibilities for what aspects of safety
on the site, and reporting and communication, among other things, all
aimed at mitigating risks associated with working near live electrical
systems and for the purpose of protecting all Firestone contractors or
subcontractors of contractors who are performing Work and all Tri-State
personnel providing Construction Support Services ("Safety Plan").
2.1.3 Plan, arrange, coordinate, schedule, dispatch and conduct the necessary
actions related to the Line as established in the Safety Plan to support
Firestone's Bridge replacement.
2.1.4 Coordinate with Firestone to determine if the Work being performed
requires the de-energization of the Line or if the Work can be safely
performed under a LO; provided that Tri-State will have final
determination on whether a HLO or de-energization is required.
2.1.5 Provide Tri-State resources, on -site during the performance of the Work
and monitor and advise Work and/or Project construction activities as it
relates to the Line while Work is being performed as established and in
accordance with the Safety Plan.
2.1.5 Perform any other work as determined by Tri-State as it relates to
Firestone performing the Work near the Line.
2.2 Firestone, at its expense, shall perform the following related to the Work:
22J Pay Tri-State for any work performed pursuant to 2.1 of this Agreement.
2.2.2 Coordinate with Tri-State to develop a Safety Plan for the Work.
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TRLSTATE
2.2..3 Keep Tri-State informed on the status of the Work, any changes to the
Work, and the timing of its completion.
2.2.4 Communicate the Safety Plan and risks of working near the Line to its
employees, contractors, and other representatives who are performing
the Work.
3. Schedule: Tri-State will endeavor to meet the requirements and timing for this Project
work to allow the Project to keep on schedule- Firestone will keep Tri-State informed on
Project scheduling and timing for planned work that is in close proximity to Tri-State
electric facilities. For any work planned by Firestone that may require Tri-State to
schedule an outage or HLO on the Line, Firestone will provide at least thirty (30) days'
notice to Tri-State of (i) the details of the work being performed and (ii) a proposed date
for any such work. Any potential outage must meet system reliability requirements,
provided that Tri-State will have sole discretion in determining compliance with system
reliability requirements.
4.1 Firestone will be responsible for Tri-State's costs related to the Work and any
Construction Support Services, including Tri-State's overhead and direct labor
costs and an allowance of such labor costs for administrative and general
expenses. Tri-State shall not markup contractor costs.
4.2 Tri-State estimates the cost for Tri-State to perform the work in Section 21 is
approximately $8,025 (the "'Estimated Project Cost"), This estimate includes one
Tri-State employee for one 8 -hour period to be on -site during the Work where
the construction activity is occurring that is in close proximity to Tri-State electric
facilities, If the close proximity work cannot be completed during the one 8 -hour
period, additional costs exceeding the Estimated Project Cost will be required.
Within 30 days of the execution of this Agreement, Firestone will remit 50% of
the Estimated Project Cost, $4,013, to Tri-State. Tri-State is not obligated to
perform any Work or Construction Support Services under this Agreement until
50% of the Estimated Project Cost funds are received. Once Tri-State costs
incurred exceed 50% of the Estimated Project Cost, Tri-State may invoice
Firestone for all additional costs incurred forTri-State's costs related to the Work
4.3 Within 120 days of completion of Tri-State's Work and/or Construction Support
Services under this Agreement, Tri-State will calculate Tri-State's actual costs. If
the total of the payments advanced by Firestone exceeds Tri-State's actual costs
under this Agreement, Tri-State will refund the overpaid amount to Firestone
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without interest within 30 days after calculating the actual costs. If Firestone has
not paid the entire amount of the actual costs, Tri-State shall invoice Firestone
for the remaining amount due. Firestone shall pay said invoice in accordance
with this Section 4.
4.4 Payment is due on or before the thirtieth day after the invoice date. If a payment
due date falls on a weekend or holiday, then payment is due the preceding
business day. Payments received after the due date are subject to an interest
charge calculated on the basis of the prime interest rate, as published in the Wall
Street Journal on the due date, plus two percent applied daily to the late payment
on the basis of a 365 -day year,
.45 Tri-State will submit invoices to the following e-mail address. If Firestone invoicing
address changes, Firestone shall contact Tri-State's accounting department at
least 30 days prior to the effective date of such change.
For Firestone:
Email: nhaasis firestoneco,gov
5. Liability:.
51 Firestone is solely responsible for loss or damage to its equipment, unless the loss
or damage is caused by the negligence, gross negligence or intentional
wrongdoing of Tri-State. Firestone is solely responsible for loss or damage to Tri:
State's Line arising out of the Project, unless the loss or damage is caused by the
negligence, gross negligence or intentional wrongdoing ofTri-State.
53 Firestone shall be solely responsible for any and all damages, losses, and claims,
including claims and actions related to injury to or death of any person or damage
to property, demands, suits, recoveries, costs and expenses, court costs, attorney
fees, and all other obligations by orto third parties, arising out of or resulting from
the acts or omissions of Firestone's employees, officers, directors, contractors, o'
other representatives and related to the Project, unless caused by the sole
negligence, gross negligence or intentional wrongdoing ofTri-State.
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5.4 The Parties hereto understand and agree that Firestone, its officers and employees, is
relying on, and does not waive or intend to waive, by provision of this Agreement, the
monetary limitations or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, C.R.S. 4-10-101 et seq., (C. .LA."), as it is from
time to time amended, or otherwise available to municipalities, their officers, or
employees,
5.5 The provisions of this Section 5 shall survive termination of this Agreement.
5.1 The Parties agree that anyone on site at the time of the Work and the Project,
including Tri-State staff resources, who identifies any aspect of the Work being
performed in a manner either contrary to or in deviation of the Safety Plan or that
is imminently dangerous or unsafe to themselves, others, or the Line, may at any
time issue a STOP work order (either orally or in writing) for any or all activities at
the Project Site, requiring the Work to immediately cease until the dangerous
situation (hazard) has been removed or addressed before resuming Work,
prioritizing the safety of everyone involved. If a STOP work is initiated, the Parties
will convene to identify the hazard and develop a safe solution to fully address the
hazard prior to resuming Work. Work shall not resume until the Party issuing the
STOP work order rescinds such order, which shall not be unreasonably withheld,
conditioned, or delayed. Tri-State shall not be liable to Firestone or any other
party for any delay or costs arising out of any STOP work order, unless a STOP work
order has been issued in a grossly unreasonable manner.
6.. Firestone is solely responsible for the safety of its employees, contractors and
other representatives related to the Work and the Project. Firestone hereby
acknowledges that it is aware of the hazards inherent in high voltage electric lines,
and hereby assumes full responsibility at all times for the adoption and use of
necessary safety measures required to prevent accidental harm to personnel
engaged in the construction activities related to the Work and the Project.
Firestone and its employees, contractors and other representatives shall comply
with all applicable safety laws and codes.
7. Insurance:
7.1 Each Party shall at its own expense keep in full force and effect during the term
of this Agreement Statutory Worker's Compensation Insurance.
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TRSTATE
7.1.1 Commercial general liability insurance in the amount of $2,000,000 per
occurrence for bodily injury and property damage and $4,000,000 annual
aggregate. These requirements can be satisfied by providing either
excess liability or umbrella liability coverage. Such insurance shall cover
liability arising from premises, operations, independent contractors,
products/completed operations, personal and advertising injury, and
liability assumed under an insured contract (including the tort liability of
another assumed in a business contract). Such policy shall provide
completed operations coverage. If applicable, such policy shall include an
endorsement that removes any exclusion related to explosion, collapse,
or underground hazard.
7.1.2 Commercial automobile liability insurance with a minimum combined
single limit of $1,000,000 per accident for bodily injury and property
damage. Such policy must cover owned, non -owned, hired vehicles,
trailers, or semi trailers designed for travel on public roads,
7.2 In the event any work to be performed hereunder is subcontracted or performed
by anyone other than an employee of the Parties, the Party contracting with that
subcontracted person, firm, organization or corporation shall be responsible to
ensure that the contractor has the insurance coverage levels required by each
Party.
0.3 The policies for third -party commercial general liability and commercial
automobile liability must include cross liability coverage. lri-State, its officers,
employees, and agents must be named as an additional insured under such third
party's coverage with respect to liability arising out of any Work performed on
behalf of Firestone under this Agreement, The additional insured status granted
will be considered primary protection and must be indicated on all certificates of
insurance required by this Section (except workers' compensation).
8.1 Any waiver at any time by a Party of its rights with respect to this Agreement will
not be deemed a continuing waiver or a waiver with respect to the other Party's
failure to comply with any other obligation, right, or duty of this Agreement. In
order to be effective, a waiver must be in writing and signed by the Party against
whom enforcement is sought.
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9,1 This Agreement does not, and is not intended to, confer any rights or remedies
upon any other person or entity other than the Parties.
11.1 Neither Party shall assign any of its rights, title, or interests or delegate any
performance under this Agreement, without the prior written consent of the
other Party, which consent shall not be unreasonably withheld, conditioned or
delayed; provided that this Agreement may be assigned by Tri-State without
notice to Firestone under the terms and conditions of a mortgage, deed of trust,
or indenture to which Tri-State is or becomes a party in connection with the
general financing of its assets or operations.
102. This Agreement is binding upon and inures to the benefit of the Parties and their
successors and permitted assigns.
11, Severability
11.1 In the event that a provision of this Agreement, in whole or in part, or the
application of such provision, is held invalid by any court or administrative body
having jurisdiction, all other provisions of this Agreement and their application will
remain in force and effect unless such court or administrative body also holds that
the provision is not severable from all other provisions of this Agreement.
1... Amendments:
13, Governing Lawr
13.1 The laws of the State of Colorado (excluding its conflicts of law provisions) govern
all matters arising out of or relating to this Agreement, and all of the transactions
it contemplates, including without limitation its interpretation, construction,
performance, and enforcement. The Parties hereby submit to the exclusive
jurisdiction in the courts of the State of Colorado. EACH PARTY KNOWINGLY,
VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL
BY JURY WITH RESPECT TO ANY LITIGATION ARISING OUT OF OR RELATING TO
THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES.
14. Notices,
11,1 Any notice, consent, or other communication required to be made in writing
under this Agreement shall be sent by (i) personal delivery; (ii) certified mail
(postage prepaid, return receipt requested); (iii) e-mail (provided the sender initiates
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TRISTATE
electronic tracking that confirms that the email was read by the recipient or followed up
by a telephone call between sender and recipient); or (iv) nationally recognized
overnight courier service (charges prepaid and with signature required upon
receipt), in each case properly addressed to the persons specified below, Notices,
consents, and other communications sent in accordance with this Section are
deemed delivered on the date of actual delivery or delivery refusal. Any Party may
from time to time change its contact information by sending a notice in
accordance with this Section. Notices shall be addressed as follows:
Firestone:
Attn: Nate Haasis, P.E..
9950 Park Avenue
Firestone, CO 80504
(303) 531-6274
Email: nhaasis@firestoneco.gov
Tri-State:
Attn: Travis Berg
1100 W116th Ave
Westminster, CO 80234
303-254-3921
TravisBerg@tristategtorgwith acopytotranscontracts@tristategt.org
With a copy to Tri-State at the same address above: Attn: Senior Vice President
and General Counsel
15 Counterparts:
15.1 The Parties may execute this Agreement in multiple counterparts, each of which
is deemed an original and all of which constitute only one agreement. A Party may
deliver an executed counterpart of this Agreement bye mail, This Agreement may
be electronically signed and electronic signatures appearing on this Agreement
are the same as handwritten signatures for the purposes of validity, enforceability,
and admissibility.
16. Entire Agreement.
16,1 This Agreement, including its attached Exhibit, constitutes the entire agreement
between the Parties and supersedes all previous communications,
representations, or agreements, either oral or written, with respect to the subject
matter of this Agreement.
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17; Relationship of the Parties:
17,1 The Parties are separate entities, and nothing in this Agreement shall be construed
to create an association, partnership, joint venture or trust with regard to the
Parties, or create a relationship of principal and agent between the Parties.
18. Effective Date and Term:
182 This Agreement will terminate when all work described in this Agreement has
been completed, including the payment of all invoices.
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TRLSTATE
The Parties have executed this Agreement TS 25-0063 as of the Agreement Date.
Title: Mayor
t3o a iginied by:
By: L�Aq51AEF:-?7QES436-..,
Name: Christopher E. Pink
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