HomeMy WebLinkAbout20102050.tiff 147
RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR
IMPROVEMENTS FOR USE BY SPECIAL REVIEW PERMIT #1665 - HIGH PLAINS
DISPOSAL, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on October 29, 2008,the Weld County Board of Commissioners approved Use
by Special Review Permit #1665, for High Plains Disposal, Inc., 4501 UW Highway 59N, Lufkin,
Texas 75902, for an Oil and Gas Support Facility (Class II — oilfield waste disposal facility) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the N1/2 of Section 25, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on June 1, 2009, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and High Plains Disposal Inc.,with terms and conditions being as
stated in said agreement, and accepted Performance and Payment Bond PRF08958838 from
Fidelity and Deposit Company of Maryland, 900 Summit Avenue, Fort Worth, Texas 76102, in the
amount of$237,337.24, and
WHEREAS,staff from the Weld County Departments of Planning Services and Public Works
have conducted a visual inspection and recommend release of a portion of said collateral, in the
amount of$201,736.65, and
WHEREAS, the Board has been presented with replacement Maintenance Bond
No. MNT08958838, dated September 2, 2010, in the amount of$35,600.59, drawn on Fidelity and
Deposit Company of Maryland, to be retained for the one-year warranty period.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Performance and Payment Bond PRF08958838 from Fidelity and Deposit
Company of Maryland, in the amount of$237,337.24, be, and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that replacement Maintenance Bond
No. MNT08958838, dated September 2, 2010, in the amount of$35,600.59, drawn on Fidelity and
Deposit Company of Maryland, 1400 American Lane, Tower I, 19th Floor, Schaumburg, Illinois
60196-5452, be and hereby is, accepted.
111111111111111111101111111111 1111111111111111111111
3719147 09/17/2010 11:43A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
17,A/ 9(A-) 2010-2050
9- 91—/C) PL1986
PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR IMPROVEMENTS FOR USE
BY SPECIAL REVIEW PERMIT#1665 - HIGH PLAINS DISPOSAL, INC.
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said released collateral to the appropriate issuing party.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST:
� . •.,, � ugl s Radem cher, Chair
Weld County Clerk t,
EXCUSED
/ , `•� Barbara Kirkme er, Pro-Tem
BY:
Deputy Cler o the Boa ►� `�—
Sean P. Corwan ` 4
APP D AS TO FO
Will. Garcia (�
ttorney '� �„ C c�
David E. Long
Date of signature: Li Lr L^
1 11111 131 11111 III 1111111111111 III 11111 III!III!
37of 2 19147H009/.0107/200100.0 011SteA Weld v County,
e Moreno Clerk& Recorder
2010-2050
PL1986
Mdrhiltil"11 6 EMORANDUM
TO: Clerk to the Board
DATE: 9/2/2010
W� Ci Hastings, Public Works FROM: Richard g , Department
COLORADO
SUBJECT: BOCC Agenda Item: Partial Release of Collateral
High Plains Disposal, Inc.
(PL1986, #2009-1267) USR-1665
Request for Final Release of Collateral:
The Department of Public Works received a request from the applicant, Andy Cunningham,
requesting an inspection of the property in order to obtain the partial release of collateral and to
begin the one-year warranty period.
Following completion of Punch List items, Weld County Public Works Department performed a
site inspection, at the above mentioned site, and observed the following:
• All Public Works related items on Exhibit A, of the Improvements Agreement According
To Policy Regarding Collateral For Improvements Document# 2009-1267, have been
completed and are found to be acceptable.
Weld County Collateral List:
High Plains Disposal, Inc. (PL1986, #2009-1267)
Improvements Agreement- USR #1665
Performance and Payment Bond # PRF08958838
Expires 05/25/2010 - 1 year guarantee period $237,337.24
Sent letter to Insurance Company 03/19/2010
Bond Period Extended to 05/25/2011
Recommendation:
The Department's of Public Works and Planning Services are recommending partial release of
collateral, as shown above from the Weld County Collateral List, in the amount of$201,736.65
This leaves a balance of$35,600.59 to serve as Warranty Collateral for a period of one year from
the date the Board of County Commissioners approves this request.
pc:Don Carroll,Weld County Public Works
Chris Gathman,Weld County Planning Services 2010-2050
C:\Documents and Settings\dbechler\Local Settings\Temporary Internet Files\Content.Outlook\HDO4AU84\Partial Collateral Release(High Plains
Disposal Inc USR-1665)-Memo.docx
MACRUMM4_.�
Building Systems, Inc.
916 38'" Avenue Court
Greeley.CO 80634
Phone: (970)-353-7364
Fix:(970)-353-2393
«ww.NlaerumBuildhngSystcros.com
March 30, 2010
Weld County Board of County Commissioners
P.O. Box 758
Greeley,CO 80632
Project: High Plains Disposal, Weld Site #1 (Kersey) (USR 1665) at 23360 Weld County Road
54,Weld County, CO.
Dear Sirs,
I've been asked by Andy Cunningham, the Owners representative, to address what work
has been completed of the On-Site and Off-Site items for the Improvements Agreement for the
High Plains Disposal Weld Site#1 (Kersey)project(USR 1665).
All items have been completed for the Off-Site Improvements.
All items have been completed for the On-Site Improvements except the following items:
Seeding= $ 25,600.00
Supervision= $ 1,920.00
$ 27,520.00
Therefore, high Plains Disposal (Owners of the property),request a Partial Release of
Collateral for the On-Site and Off-Site Improvements, for the Improvements Agreement,that
have been completed for the Project.
Respectfully,
r'it...-__
Robert Coon
General Manager
Cc. Andy Cunningham, High Plains Disposal
MAINTENANCE BOND hZ
Bond. No. MNT08958838 Amount $35,600.59
Know All Men By These Presents
That we, High Plains Disposal, Inc., (hereinafter called the Principal), as Principal, and
Fidelity and Deposit Company of Maryland, Schaumburg, IL, a corporation duly
organized under the laws of the State of Maryland, (hereinafter called the Surety), as
Surety, are held and firmly bound unto the Board of Weld County Commissioners,
(hereinafter called the Obligee), in the sum of Thirty five thousand six hundred and
59/100 Dollars ($35,600.59), for the payment of which we, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
Sealed with our seals and dated this 2nd day of September, A.D. two thousand and 10.
Whereas the said Principal has heretofore entered into a contract with said Obligee dated
the 25th day of M . 2009, for USR-1665 On & Off Site Road Improvements; and
Whereas, the said Principal is required to guarantee the work listed above installed under
said contract, against all defects in materials or workmanship, which may develop during
the period.
Now, therefore, the condition of this obligation is such, that if the principal shall
faithfully carry out and perform the said guarantee, and shall, on due notice, repair and
make good at its own expense any and all defects in materials or workmanship in the said
work which may develop during the period
One year from date of completion and acceptance
or shall pay over, make good and reimburse to the said Obligee all loss and damage
which said Obligee may sustain by reason of failure or default of said Principal so to do,
then this obligation shall be null and void; otherwise shall remain in full force and effect.
High Plains Disposal,Inc.
BY
Fidelity and Deposit Company of Maryland
By
Tobin Tucker, Attorney-in-Fact
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S aryland,by
THEODORE G.MARTINEZ,Vice President,and GERALD F. HALEY,Assists c suance of authority
granted by Article VI, Section 2,of the By-Laws of said Companies, - n t �yl side hereof and are
hereby certified to be in full force and effect on the date her nu h: : : .•ppoint Tracy
TUCKER,Tobin TUCKER,W.Lawrence B . •' .rth,Texas, EACH its true and
lawful agent and Attorney-in-Fact,to t`� c d v tV m "• its behalf as surety,and as its act and deed:
any and all bonds and un: ,7�S o ndependent Executors,Community Survivors and
Community Guar so `p exec or undertakings in pursuance of these presents,shall be as binding
upon said Compani a n � tents and purposes,as if they had been duly executed and acknowledged by
the regularly elected 0j h mpany at its office in Baltimore,Md.,in their own proper persons. This power of
attorney revokes that s on behalf of Tracy TUCKER,Tobin TUCKER,W. Lawrence BROWN,dated October 11,2004.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY,this 20th day of April,A.D.2009.
All EST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
it:'fir raves` Y,4
:entri" o .:r
-- ' a SEAL
'"° -- A4-g7
ft.,.
By:
Gerald F. Haley Assistant Secretary Theodore G. Martinez
State of Maryland ss:
City of Baltimore 1
On this 20th day of April, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and they each acknowledged the execution of the same. and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid,and that the seals
affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
:took/0V. 911(AAL:(c.
�
. n
"%`41;W
Maria D. Adamski Notary Public
My Commission Expires: July 8,2011
POA-F 168-2829
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2.The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2.The Chairman of the Board,or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 2nd day of September 2010
Assistant Secretary
Fop Fidelity and Deposit Companies
Home Office: 3910 Keswick Road Baltimore,MD 21211
cctet
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for
information or to make a complaint at:
1-800-654-5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX# (512) 475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved,you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
s8543f1Tx)(08/01)
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CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
111 FAX: (970) 352-0242
P. 0. BOX 758
O GREELEY, COLORADO 80632
COLORADO
September 13, 2010
High Plains Disposal, Inc
Attn: Andy Cunningham
601 South Main Street, Suite 215
Grapevine, Texas 76051
RE: Partial Cancellation and release of Collateral for High Plains Disposal, USR #1665
Mr Cunningham;
On September 8, 2010, the Board of County Commissioners approved the partial cancellation and
release of collateral for High Plains Disposal, Inc, USR#1665, in the amount of$237,337.24, as
referenced above, and accepted replacement collateral from Fidelity and Deposit Company of
Maryland, in the amount of$35,600.59. Enclosed is a copy of the Resolution signed by the Board of
County Commissioners. If you would like to receive a recorded copy of the resolution, please
contact the Recording Department at Weld County Government. The original Maintenance Bond
No. MNT08958838 for$237,337.24, has been returned to Zurich American Insurance Company.
(Fidelity and Deposit Companies)
If you have questions or need additional information, please do not hesitate to contact me at (970)
356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
/
Byd'+ 12G�6 � � /', L��1
DDonna J. chler
Deputy Clerk to the Board
cc: High Plains, 4501 UW Highway, 59N, Lufkin, Texas 75902
LH-.
rees t
CLERK TO THE BOARD
l
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O.C. BOX
GREELEY, COLORADO 80632
COLORADO
September 13, 2010
Attn: George Tillotson
Zurich North America Surety
12222 Merit Drive, Suite 700
Dallas, Texas 75251
RE: Partial Cancellation and release of Collateral — High Plains Disposal, USR#1665
Mr. Tillotson:
Attached hereto please find the Board of County Commissioners Resolution partially releasing
the collateral for High Plains Disposal, USR #1665, in the amount of $237,337.24, and the
original Performance and Payment Bond #PRF08958838 issued by Fidelity and Deposit
Company of Maryland, in the amount of $237,337.24. We have received a new Maintenance
Bond, #MNT08958838, from you for the remaining $35,600.59. If you would like a recorded
copy of the Resolution, you can contact the Recording Department of the Clerk and Recorder's
Office with Weld County Government.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS BY 4//41411,12
Donna J. . chler,
Deputy Clerk to the.Board
8 4) Co
oara9a7' tar
e
Bond No. PRF08958838 0'<'`' ed ra
u,, P3/
c, 1 Lo
e
PERFORMANCE BOND 4Gr /p�o@ee a er
O 1y
•
C1 wre0
er
KNOW ALL MEN BY THESE PRESENTS: That to
66_
High Plains Disposal, Inc. g,
(Name of Contractor) 1.
4501 UW Hwy 59N, Lufkin, Texas 75902
(Address of Contractor)
a Corporation , hereinafter called Princip
Corporation,Partnership,or Individual
and Fidelity and Deposit Company of Maryland
(Name of Surety)
900 Summit Ave., Fort Worth, Texas 76102
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Stre
Greeley, Colorado 80632 hereinafter called "County", in the penal sum of
Two Hundred Thirty-seven Thousand Three Hundred Thirty-seven Dollars And Twenty-four Cents Doll:
($ 237,337.24 ) in lawful money of the United States,for the payment of which sum well and truly to be made,we hi
ourselves,successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas,the Principal entered into a certain contract with the County,dated the
25th day of May , 2009 , a copy of which is attached and made a part hereof for the construction
USR - 1665 On & Off Site Road Improvements
NOW, THEREFORE, if the Principal shall well,truly and faithfully perform it's duties,all the undertaking, covenants,terms, conditiot
and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the County, with
without notice to the Surety and during the one-year(I) guarantee period, and if he shall satisfy all claims and demands incurred under su
Contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do
and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligati'
shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of tin-
alteration or addition to the terms of the Contract or to work to be performed thereunder or the specifications accompanying the same shall
any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to t.
terms of the Contract of the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the County and the contractor shall abridge the right of any beneficia
hereunder, whose claim may be unsatisfied.
S-3172/GE 11/97 Page 1 of 2
xr
Bond No. PRF08958838
IN WITNESS WHEREOF, this instrument is executed in 1 (number)counterparts,each one of wl
shall be deemed an original,this 25th day of May , 2009 .
ATTEST: High Plains Disposal, Inc.
Principal
Principal Secretary v
By
(SEAL)
�C9�X�
Ni ss as to Principal
����1111 4501 UW Hwy 59N, Lufkin, Texas 75902
Address
Address
ATTEST:
Fidelity and Deposit Company of Maryland
Surety Secretary Surety
(SEAL)
Witness as to Surety B —
Attomey- ct --
Tracy Tucke
900 Summit Ave., Fort Worth, Texas 76102
Address Address
NOTE: Date of bond must not be prior to date of Contract. If contractor is a partnership,all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amen(
and be authorized to transact business in the state where the project is located.
S-3172/GE 11/97 Page 2 of 2
Bond No. PRF08958838
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
High Plains Disposal, Inc.
Name of Contractor
4501 UW Hwy 59N, Lufkin, Texas 75902
Address of Contractor
a Corporation ,hereinafter called Principal,
Corporation, Partnership or Individual
Fidelity and Deposit Company of Maryland
Name of Surety
900 Summit Ave., Fort Worth, Texas 76102
Address of Surety
hereinafter called "Surety", are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Street, P.
Box 758,Greeley, Colorado 80632,hereinafter called "County", in the penal sum of
Two Hundred Thirty-seven Thousand Three Hundred Thirty-seven Dollars And Twenty-four Cents Doll(
($ 237,337.24 )in lawful money of the United States, for the payment of which sum well and truly to be made,we bind ourselvi
successors,and assigns,jointly and severally, firmly by these presents.
THE CONDITION Of THIS OBLIGATION is such that whereas,the Principal entered into a certain contract with the County, dated the
25th day of May , 2009 , a copy of which is hereto attached and made a part hereof
the construction of: USR - 1665 On & Off Site Road Improvements
NOW, THEREFORE, if the Principal shall, during the entire length of said Contract and any extension thereof, promptly make payme
to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided f
in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, co
and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurant
premiums on said work, and for all labor, performed on such work whether subcontracted or otherwise, then this obligation shall be you
otherwise to remain full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time
alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same sha
in any way affect its obligation on time,alteration or addition to the terms of the Contract or to the work or to the specifications.
PROVIDED, FURTHER, that a final settlement between the County and the contractor shall abridge the right of any beneficiar
hereunder, whose claim may be unsatisfied.
S-3171/GE 11/97 Page 1 oft
Bond No. PRF08958838
IN WITNESS WHEREOF,this instrument is executed in (number)counterparts,each one of wh
shall be deemed an original,this 25th day of May , 2009 .
High Plains Disposal, Inc.
Principal
ATTEST:
BY: 9
Principal Secretary 79,
(SEAL) 0- 5 4501 UW Hwy 59N, Lufkin, Texas
75902
Wtness a Principal Address
Fidelity and Deposit Company of Maryland
Surety
ATTEST:
Witness Attorney-in-Fact
Tracy Tucker
900 Summit Ave., Fort Worth, Texas 76102
Address Address
NOTE: Date of bond must not be prior to date of Contract. If contractor is a partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amend(
and be authorized to transact business in the state where the project is located.
S-3171/GE 11/97 Page 2 of 2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the Sh�yy taryland,by
THEODORE G. MARTINEZ,Vice President, and GERALD F.HALEY,Assista' ' c e®. Ttif suance of authority
granted by Article VI, Section 2, of the By-Laws of said Companies, fi .��.n e side hereof and are
hereby certified to be in full force and effect on the date her .mi . i ppoint Tracy
o
TUCKER,Tobin TUCKER, W. Lawrence B 7. D :, :I!:• i yu rth,Texas, EACH its true and
lawful agent and Attorney-in-Fact,to c nd iv1's$It.l . its behalf as surety,and as its act and deed:
any and all bonds and un' t oww ndependent Executors,Community Survivors and
Community Guam so, he xecu or undertakings in pursuance of these presents, shall be as binding
upon said Compani-. a tents and purposes,as if they had been duly executed and acknowledged by
the regularly elected ceg� mpany at its office in Baltimore,Md., in their own proper persons. This power of
attorney revokes thatisiled on behalf of Tracy TUCKER,Tobin TUCKER, W. Lawrence BROWN,dated October 1 I,2004.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY,this 20th day of April, A.D. 2009.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
o[vos�. tatt4:
16
ti VO O ~•
-- ; SEAL
liN
By:
Gerald F. Haley Assistant Secretary Theodore G. Martinez
State of Maryland ss:
City of Baltimore J
On this 20th day of April, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom,
severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the seals
affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
;t.,ir/
�pn❑000
Maria D. A damski Notary Public
My Commission Expires: July 8,2011
POA-F 168-2829
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors of by the Executive Commi sec,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 25th day of May , 2009
Assistant Secretary
Apr, 27. 2010 2: 56PM ZURICH NA No. 26/U P,
Zurich North America Surety 12222 Merit Dave,Ste 700 Dallas,'IX75251
MEMORANDUM
TO: Clerk To The Board
Weld County Commissioners Board, Greeley, Colorado /�� ))
FROM: George Tillotson Wanda Battles vrvi
DATE: April 27, 2010 � pi
1 C
SUBJECT Bond PRY 8958838 High Plains Disposal, Inc.
Dear Mr. Barker;
As requested in your letter dated March 18, 2010, the bond period has
been extended until May 25, 2011.
Please contact us if there are further questions or problems.
Best Regards,
G e/Tillotson, Senior Surety Account Executive
4W9- /ae 7
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U.S. Postal Service,'
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item 4 if Restricted Delivery is desired. O Agent
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2. Anlde Number'' 7005 1820 0003 5224 8423
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PS Form 3811.February 2004 Domestic Return Receipt 10259602-M-1540
02r/C- i:)1Cfin
4;20
� PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
Vok WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
COLORADO
December 1, 2009
RE: High Plains disposal Weld Site#1 (WCR 54) Circle (Off-site and on site)
Punch List
1) Test results submitted to Weld County for the HMA done by Northern Colorado
Geotech.
2) Seeding and Mulching needs to be completed on all areas that have been disturbed.
See plan sheet C2 for seed mix. (See Picture 1)
3) Erosion control bales need to be installed per plans (See sheet C3). 12" erosion logs
may be used in barrow ditch instead of bales. (See Picture 2)
4) Clean out all culverts and install inlet protection. (See Picture 3)
5) Fix silt fence that has been damaged.
6) 5" orifice plate needs to be installed. (See Picture 4)
7) East pound culverts - Both low tail water Rip Rap basin need to be cleaned out and
miaifi fabric needs to be installed under the Rip Rap (See plan sheet C11) (See
Pictures 5 and 6)
8) Both culverts that drain out in the barrow ditch need to have the outlet protection
installed (See plan sheet C11).
lRo/ca ,Ctitic -cQ IZI / LOC9 .
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