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Home My WebLink About20102049.tiff ja RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR IMPROVEMENTS (PUBLIC AND PRIVATE) FOR USE BY SPECIAL REVIEW PERMIT#1677- 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 January 14, 2009,the Weld County Board of Commissioners approved Use by Special Review Permit#1677, for High Plains Disposal, Inc., 601 South Main Street, Suite 215, Grapevine, Texas 76051, for an Oil and Gas Support Facility (Class II — oilfield waste disposal facility) on the following described real estate, to-wit: Lots A and B of Recorded Exemption #4049; being part of the NE1/4 of Section 24, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on February 1, 2010, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Public and Private) 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 Bond PRF08959471 from Fidelity and Deposit Company of Maryland, 1400 American Lane, Tower I, 19th Floor, Schaumburg, Illinois 60196-5452, in the amount of$153,702.82, 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$130,055.42, and WHEREAS, the Board has been presented with replacement Maintenance Bond No. MNT08959471, dated September 2, 2010, in the amount of$23,055.42, 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 Bond PRF08959471 from Fidelity and Deposit Company of Maryland, in the amount of$153,702.82, be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that replacement Maintenance Bond No. MNT08959471, dated September 2, 2010, in the amount of$23,055.42, drawn on Fidelity and Deposit Company of Maryland, 1400 American Lane, Tower I, 19th Floor, Schaumburg, Illinois 60196-5452, be and hereby is, accepted. 1 111111 11111111111 11111 III 1111111 HIED 111111111 IIII 3719148 09/17/2010 11:43A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder eC ,A / 2010-2049 40 ,• PL1995 q_ t0 PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR IMPROVEMENTS (PUBLIC AND PRIVATE) FOR USE BY SPECIAL REVIEW PERMIT #1677 - 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: ��® , o r► ate APR �;, ugl�is Radem Cher, Chair Weld County Clerk to sp ; ' � • EXCUSED Barbara Kirkmeyer, Pro-Tem Deputy Clerk.¶ the Boa Sean P. Co ay ` I� 2 Af?P Q ED FORM: W F. G cia1^ :-17County Attorney c '11q; David E. Long Date of signature: 9 y/PIZ 111111111111111Il3VIIIIII 111111111111111! 11111 3719148 09/17/2010 11:43A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2010-2049 PL1995 T MEMORANDUM rit4ETO: Clerk to the Board W�`P�I DATE: 9/2/2010 COLORADO FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item: Partial Release of Collateral High Plains Disposal, Inc. (PL1995, #2010-0228) USR-1677 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 #2010-0228, have been completed and are found to be acceptable. Weld County Collateral List: High Plains Disposal, Inc. (PL1995, #2010-0228) 02/01/2010 Improvements Agreement - USR #1677 Performance and Payment Bond # PRF08959471 from Fidelity and Deposit Company of Maryland Expires 08/19/2010 - 1 year guarantee period $153,702.82 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 $130,055.42 This leaves a balance of$23,055.42 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 2010-2049 C:\Documents and Settings\dbechler\Local Settings\Temporary Internet Files\Content.Outlook\HDO4AU84\Partial Collateral Release(High Plains Disposal Inc USR-1677)-MEMO.docx ACRD Building Systems, Inc. 916 38th Avenue Court Greeley.CO 80634 Phone: (970)-353-7364 Fax: (970)-353-2393 www.MacrumliuildingSystems.com March 30,2010 Weld County Board of County Commissioners P.U. Box 758 Greeley,CO 80632 Project: High Plains Disposal, Weld Site#2 (Platteville)(USR 1677) at 17754 Weld County Road 32, 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#2 (Platteville)project(USR 1677). All items have been completed for the Off-Site Improvements except the following items: Seeding= $ 3,500.00 Supervision = $ 262.50 $ 3,762.50 MI items have been completed for the On-Site Improvements except the following items: Seeding= $ 20,900.00 Supervision = $ 1,567.50 $ 22,467.50 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, Robert Coon General Manager Cc. Andy Cunningham, High Plains Disposal 62. .OJT ` _ MAINTENANCE BOND Bond. No. MNT08959471 Amount$23,055.42 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 Twenty three thousand fifty five and 42/100 Dollars ($23,055.42), 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 May, 2009, for USR-1677 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 IL. L.Ar Fidelity and eposit Co pany of Maryland By Tobin Tuck r,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 L eO pyi u nuance of authority granted by Article VI, Section 2,of the By-Laws of said Companies, �•n i side hereof and are hereby certified to be in full force and effect on the date her ��h6mi ppoint Tracy TUCKER,Tobin TUCKER,W.Lawrence B .D .•, rth,Texas, EACH its true and lawful agent and Attorney-in-Fact,to �yyL^t.c nd v=4L$,.t . its behalf as surety,and as its act and deed: any and all bonds and un, ,(l'' o ndependent Executors,Community Survivors and Community Guar' + D%he xec ' 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 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. A 1 VEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY to ocvos� % cosuirj). EAL ltM i della ,p '/ 4*nr U i By: Gerald F. Haley Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore f 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. 1:5 1!:i°‘,, 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 F , D Fidelity and Deposit Companies �,O Home Office: 3910 Keswick Road Baltimore,MD 21211 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. S8543f(TX)(08/01) Best's Credit Rating Center - Search Results Page 1 Page 1 o Best's Rating Center United States Asia Pacific Canada Europe Search Results Page 1 of 1 Results Per Page 20 1 Rated or non-Rated companies found, results sorted by Company Name Criteria Used: Company Name:words containing Fidelity and Deposit Company of Maryland To refine your search, please use our Advanced Search or view our Online Help for more information. New Search Fidelity and Deposit Compar View results starting with: A B C D E F G H I J K L M N Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ - Outlook/ AMB# ' Company Name ' Rating • Implication • Long-Term • Implication • S 000387 Fidelity and Deposit Company of Maryland A Stable a+ Stable Insurance-Property/Casualty(Operating Company) Note:Financial Strength Ratings as of 09/03/2010 12:05 PM E.S.T. 4. Financial Strength Ratings(FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please note that Life/Ht and Company Consolidated Financial Statements are not assigned FSR ratings. * Denotes Under Review Best's Ratings Visit Best's Ratinq_Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,including those to policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M.Best I Site Map I Privacy Policy I Security I Terms of Use I Legal&Licensing Copyright©2010 A.M.Best Company,Inc.ALL RIGHTS RESERVED. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858.U.S.A. http://www3.ambest.com/ratings/RatingsSearch.asp?b1=0 9/3/: a res CLERK TO THE BOARD ' C PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 O P. O. BOX 758 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#1677 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 #1677 in the amount of $153,702.82, as referenced above, and accepted replacement collateral from Fidelity and Deposit Company of Maryland, in the amount of$23,055.42. 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. MNT08959471 for $153,702.82, 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 By: �17Ifit Donna J. Bec Deputy Clerk to the Board cc: High Plains, 4501 UW Highway, 59N, Lufkin, Texas 75902 CLERK TO THE BOARD 1 PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 O 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#1677 Mr. Tillotson: Attached hereto please find the Board of County Commissioners Resolution partially releasing the collateral for High Plains Disposal, USR #1677, in the amount of $153,702.82, and the original Performance and Payment Bond #PRF08959471 issued by Fidelity and Deposit Company of Maryland, in the amount of $153,702.82. We have received a new Maintenance Bond, #MNT08959471, from you for the remaining $23,055.42. 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: /rm fmc_ Q lilie.-12 Donna J. Be er, Deputy Clerk to the Board c O�4.V?,•.2'K ee, o • per o d' Bond No. PRF08959471 4<e der k, .L•, _9 cm to s) deA ef� 6�e c() PERFORMANCE BOND pry 1p 'rod O O rS dra ark' r KNOW ALL MEN BY THESE PRESENTS:That t High Plains Disposal, Inc. 6e (Name of Contractor) od 4501 UW Hwy 59N, Lufkin, Texas 75902 rd (Address of Contractor) a Corporation ,hereinafter called Principal, Corporation,Partnership,or Individual and Fidelity and Deposit Company of Maryland (Name of Surety) 1400 American Lane, Tower I, 19th Floor Schaumburg, IL 60196 (Address of Surety) hereinafter called "Surety", are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Street, Greeley,Colorado 80632 hereinafter called"County",in the penal sum of One hundred fifty three thousand seven hundred two and 82/100 Dollars (S 153,702.82 )in lawful money of the United States,for the payment of which sum well and truly to be made,we bind 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 19th day of August , 2009 ,a copy of which is attached and made a part hereof for the construction of: USR- 1677 On &Off Site Road Improvements NOW,THEREFORE, if the Principal shall well,truly and faithfully perform it's duties,all the undertaking,covenants,terms,conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the County, with or without notice to the Surety and during the one-year (I) guarantee period,and if he shall satisfy all claims and demands incurred under such 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 so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default,then this obligation 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 time, alteration or addition to the terms of the Contract or to work to be performed thereunder or the specifications accompanying the same shall in 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 the 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 beneficiary hereunder,whose claim may be unsatisfied. 5-3172/GE 11/97 Page 1 of 2 XDP Bond No. PRF08959471 IN WITNESS WHEREOF,this instrument is executed in 1 (number)counterparts,each one of which shall be deemed an original,this 19th day of August , 2009 . ATTEST: High Plains Disposal, Inc. Principal Principal Secretary By L (5) (SEAL) Witness as to Principal 4501 UW Hwy 59N, Lufkin, Texas 75902 Address Address ATTEST: Fidelity and Deposit Company of Maryland Surety Secretary Surety (SEAL)6-9✓32 )6( Q-�//� Witness as to Surety - Attorney-in-Fad - --- Tracy Tucker 900 Summit Ave. Ft Worth, TX 76102 900 Summit Ave. Ft Worth, TX 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 amended) 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. PRF08959471 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,and Corporation,Partnership or Individual Fidelity and Deposit Company of Maryland Name of Surety 1400 American Lane, Tower I, 19th Floor Schaumburg, IL 60196 Address of Surety hereinafter called"Surety",are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Street,P.O. Box 758,Greeley,Colorado 80632,hereinafter called "County",in the penal sum of One hundred fifty three thousand seven hundred two and 82/100 Dollars ($ 153,702.82 )in lawful money of the United States,for the payment of which sum well and truly to be made,we bind 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 19th day of August , 2009 ,a copy of which is hereto attached and made a part hereof for the construction of: USR- 1677 On &Off Site Road Improvements NOW,THEREFORE, if the Principal shall,during the entire length of said Contract and any extension thereof,promptly make payment to all persons,firms, subcontractors,and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil,gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed on such work whether subcontracted or otherwise, then this obligation shall be void; 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 shall 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 beneficiary hereunder,whose claim may be unsatisfied. S-3171/GE 11/97 Page 1 of 2 XDP Bond No. PRF08959471 IN WITNESS WHEREOF,this instrument is executed in (number)counterparts,each one of which shall he deemed an original,this 19th day of August , 2009 . High Plains Disposal, Inc. Principal A 1 LEST: BY: )e__ � (5) Principal Secretary (SEAL) 4501 UW Hwy 59N, Lufkin, Texas 75902 Witness as to Principal Address Fidelity and Deposit Company of Maryland ieF ��A �[/ Surety rPe u— ! Y iTti BY• Witness as to Surely C.--Rtt rr5ney-in-Fact Tracy Tucker 900 Summit Ave. Ft Worth, TX 76102 900 Summit Ave. Ft Worth, TX 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 amended) 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 S . c aryland, by THEODORE G. MARTINEZ, Vice President,and GERALD F.HALEY,Assista (AD nuance of authority granted by Article VI, Section 2,of the By-Laws of said Companies, �r �.n t e,iyt side hereof and are hereby certified to be in full force and effect on the date her' nu o it. : appoint Tracy TUCKER,Tobin TUCKER, W.Lawrence B�� ; 'rRa `a, yi rth,Texas, EACH its true and lawful agent and Attorney-in-Fact, to c nd .vA , .1 ) its behalf as surety, and as its act and deed: any and ll bouas' urn Q{Gte xec ti It(a o ngs in purstuance Exnceoftoes,Community Survivors and Community Guam � he xecu Ij�Y �l or undertakings in pursuance of these presents,shall be as binding upon said Compani', a u : a tents and purposes, as if they had been duly executed and acknowledged by the regularly elected h mpany at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that is on behalf of Tracy TUCKER, Tobin TUCKER, W. Lawrence BROWN,dated October I 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. Al ZEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY to UPI's,. Wa1/44, • gip✓° ° z 8EALI • ttr s � i[1 4r.mn By: Gerald F. Haler Assistant Secretary Theodore G.Martinez State of Maryland ns: City of Baltimore 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 (resident, 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 he 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. ( "1 Maria D. Adamski Nolan 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 he 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 19th day of August , 2009 tie ice, / Assistant Secretary F; Fidelity and Deposit Companies Home Office: 3910 Keswick Road Baltimore,MD 21211 Stet 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. 88543f(TX)(08/01) Apr. 27. 2010 2: 56PM ZURICH NA No. 26/H P. 1 Zurich North America Surety 12222 Merit Drive,Ste 700 Da11aa,7X75251 MEMORANDUM TO: Clerk To The Board Weld County Commissioners Board, Crreeley, Colorado ^n Z�,�. FROM: George Tillotsonn y Wanda Battles /r`'- n �,' DATE: April 27, 2010 f u Q SUBJECT Bond PRF 8958838 High Plains Disposal, Inc. 41 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, . -may /4/ --. G rrgga''t'#Iiotson, Senior Surety Account Executive 2/09- /aG 7 AL /y4Ph U.S. Postal Service,,, ri CERTIFIED MAIL„ RECEIPT o- (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inf•rmati•n visit •ur we•site at www.us•s.c•m,.. ru OFFICIAL ru Lrl Postage $ rn C 9 O Certified Fee Return Receipt Fee P Here,jI n(Endorsement Required) Here/� ndoRestr tedem Delivery Fee /j (Endorsement Required) 1,17 a Total Postage&Fees $ Lrl O Sent To Z4'r,'s} 1171/!. ti`e4 :0:e_ i'. rlZe"7/6 meet Apt.No.; CO.s t 7e tore,glei-4 la as T.( 7.5,x,5/ :rr SEN s E': COMPLETE THIS SECTI SN COMPLETE THIS SEC 7lON ON DELroERY • Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. O Agent • Print your name and address on the reverse X- ..=��i• Addressee so that we can return the card to you. • . -wad by(MI -, ante) .Date of Deliv • Attach this card to the back of the mailpiere, •`_ �, r�`� or on the front if space permits. D. Is delivery address different from item 1? O Yes 1. Article Addressed to: ys If YES,enter delivery address below: O No ZariM AnzA ,4rertie , Crra A1/4,1 aerate 71/k/s(24l /' /07 0707 /er%f.6,e, RY 3. Service Type / / Itt' rdfied Mall O Express Mail /J(G/la rx 7id.)/ O Registered um Receipt for Merchandise V / O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1820 0003 5224 8416 (Transfer from service lsben PS Form 3811,February 2004 Domestic Return Receipt 1o2595m-M-154o see-g- ae-vy Hello