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HomeMy WebLinkAbout20093427.tiff138 RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS ( ON -SITE ONLY), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1680 - NORTH WELD COUNTY WATER DISTRICT 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 March 3, 2009, the Weld County Planning Commission approved Use by Special Review Permit #1680, for North Weld County Water District, 33247 U.S. Highway 85, Lucerne, Colorado 80646-0056, c/o Lind, Lawrence and Ottenhoff, LLP, 355 Eastman Park Drive, Suite 200, Windsor, Colorado 80550, Attn: Jamie and Ted Simmons, 5208 Keystone Creek Court, Fort Collins, Colorado 80528, for a Major Facility of a Public Utility or Public Agency (two 5 -million gallon water storage tanks) in the A (Agricultural) Zone District on the following described real estate, to -wit: Lot B or AMRE-2992; located in part of the SW1/4 of Section 6, Township 7 North, Range 67 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (On -Site Only) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and North Weld County Water District, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with check #2685 from North Weld County Water District, P.O. Box 56, 33247 U.S. Highway 85, Lucerne, Colorado 80646-0056, in the amount of $136,218.22, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said check as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements (On -Site Only) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and North Weld County Water District, be, and hereby is, approved. 111111111111111111111111111111111111111 III 111111111 1111 3673138 02/01/2010 11.24A Weld County, CO 1 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder c C3 b 2009-3427 Pty PL2043 -ThalO:537 IMPROVEMENTS AGREEMENT - NORTH WELD COUNTY WATER DISTRICT PAGE 2 BE IT FURTHER RESOLVED that check #2685 from North Weld County Water District, P.O. Box 56, 33247 U.S. Highway 85, Lucerne, Colorado 80646-0056, in the amount of $136,218.22, be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of December, A.D., 2009. ATTEST: Weld County Clerk to the BY: 6L61�(2-t%f C LZd ?`'-1/21-‘),TDeputy Clerkto the Board APPROE i l County -Attorney J Date of signature. I/Ott BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ls. OtC0e_wkep Douglas/Rademac er, Pro-Tem David E. Long Sean P. Conway ara Kirkmeyer I \II1\I till 111111 1111 11111111111 IIIIII III 11111 11111111 3673138 02 2009-3427 2 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PL2043 )(1(474 COLORADO MEMORANDUM TO: Board of County Commissioners 12/28/2009 FROM: Chris Gathman - Planner III C. , SUBJECT: Acceptance of Collateral for USR-1680 (North Weld County Water District) On March 3, 2009, the Weld County Planning Commission approved USR-1680 (North Weld County Water District) a Non -1041 Major Facility of a Public Facility for two 5 -million gallon water storage tanks in the A (Agricultural) Zone District. The improvements agreement and collateral has been reviewed by the Department of Public Works and Department of Planning Services and it has been determined that the amount of collateral is sufficient to cover the proposed on -site improvements. On -Site Improvements amount to $136,218.22. The Department of Public Works and Planning Services recommends acceptance of this collateral. SEM.ICE, TEAMWORK, INTEGRITY. QUALITY 2009-3427 atoz. (90 g34- IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON -SITE ONLY) North Weld County Water District — USR-1680 THIS AGREEMENT, made and entered into this > ° day of \ m63r 7, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and North Weld County District, hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lot B of AmRE-2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for a Major Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks) on approximately 6 acres on the above described real property, and the County is currently in the process of considering an Use -by -Special Review for the Property (USR-1680), and WHEREAS, the Property Owner acknowledges that the issuance of USR-1680 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on -site improvements, nor to provide collateral for said improvements until Property Owner submits an application for grading or for a Right -Of -Way permit for construction of accesses. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements: Non -Applicable B. Haul Routes: Non -Applicable C. Road Maintenance Requirements: Non -Applicable D. On -Site Improvements: M:WGREEMENTS\Road-Improv\2009\NWCWD (USR-1680)\NWCWD (USR-1680) Improvements Agreement (ON -SITE ONLY) (11-16- 09)Final.docx Page I of 8 1111111 IIIII IIIIII IIII IIIII IIIIII IIIIII III IIIII IIII IIII 3673138 02/01/2010 11:24A Weld County, CO 3 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping and re -seeding of the property where applicable as shown on the accepted construction plans and/or site plan drawings. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re- seeding where applicable as shown on the accepted construction plans and/or site plan drawings. Additionally, the Property Owner shall install and maintain fencing to screen the property where applicable as indicated on the accepted construction plans and/or site plan drawings. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way permit is required. 2.0 On -Site Grading, Drainage Facilities, and Paving: Property Owner shall, at its own expense, grade and/or pave specified roadways, accesses and parking areas, and install accepted drainage facilities, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as further described in the accepted construction plans. Any other on -site improvements shall be completed as indicated on the accepted construction plans for this facility. Property Owner shall be responsible for all maintenance of the improvements. Additional infrastructure improvements will be addressed at the time of application for an amended USR. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way permit is required. 3.0 Timing of Improvements: Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. No grading permit will be approved until collateral is posted for the associated improvements. Access and/or Right -Of -Way permits might also be required prior to approval of the grading permit. Grading shall not commence until construction plans are accepted. Any alterations to the accepted construction plans must be pre -approved in writing by the Planning and Public Works Departments. At that time, Property Owner agrees that all landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted construction plans, according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. M \AGREEMENTS\Road-Improv\2009\NWCWD (USR-1680)\NWCWD (USR-1680) Improvements Agreement (ON -SITE ONLY) (11-16- 09)Final.docx Pave 2 of 8 I 111111 11111 111111 till 11111111111111111III111111111In 3673138 02/01/2010 11:24A Weld County, CO 4 of 17 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements shown on the approved construction plans, and costs listed on Exhibit "A" and described in parts A and D of this agreement, which is attached hereto and incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the accepted plans and specifications shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 Said on -site improvements, including any access improvements, shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on the accepted construction plans, with associated costs shown on Exhibit "A", upon application of the Property Owner subject to the terms of Section 6 herein. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, M:\AGREEMENTS\Road-Improv\2009\NWCWD (USR-1680)\NWCWD (USR-1680) Improvements Agreement (ON -SITE ONLY) (11-16- 09)Final.docx Page 3 of 8 111111111111111111����11111111111111111III11111IIIIIIII 3673138 02/01/2010 11:24A Weld County, CO 5 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, 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. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of Improvements: Property Owner shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements for a period of one (I) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If requested by the Applicant and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of improvements within the USR , including any accesses improvements, and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County inspect the improvements and recommend that the Board of County Commissioners partially approve them. Not sooner than three months after completion of improvements and partial acceptance, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the improvements after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County M:AAGREEMENTS\Road-ImprovA2009A NWCWD (USR-1680)W WCWD (USR-1680) Improvements Agreement (ON -SITE ONLY) (11-16- 09)Final.docx Page 4 of 8 1111111 11111 111111 11'1 VII1 111111 111111 III 11111 Ell IIII 3673138 02/01/2010 11:24A Weld County, CO 6 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Commissioners shall fully accept said improvements as public access but with private payment. 7.0 General Requirements for Collateral: 7.1 County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (1) Completion of all improvements described in this Agreement. 7.2 Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted construction plans and further enumerated in the costs listed in Exhibit "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. Collateral for Off- site improvements mentioned in Section A. ,1.0 of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On - site collateral amount, if clearly delineated on accepted construction plans and differentiated on Exhibit "A" On -Site Improvements of this Agreement. Such collateral shall be provided to the County on the dates set forth herein and shall be held in total until all improvements have been completed. This collateral must be submitted to County upon the approval of this Agreement by the Board of County Commissioners. 7.3 Warranty collateral shall be submitted to County and shall be held in total by the County for one (1) year following its written acceptance of the improvement(s). 7.4 Acceptable collateral shall be submitted at least one (1) month prior to commencement of Site Preparation, as herein defined. The Applicant shall commence work on the improvements within 30 days of the signing of this Agreement. No grading or building permits shall be issued for site related activities on the property and no Site Preparation shall commence until collateral is provided in the amount of One -Hundred percent (100%) of the value of the improvements to be completed. The improvements shall be completed within the time schedule set forth in Exhibit "B" hereto. If improvements are not completed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's planned operations pursuant to USR-1680 that require a grading or building permit from the County pursuant to the Weld County Code. 7.5 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. The Property Owner shall utilize only a County approved form when obtaining an LOC: M:\AGREEMENTS\Road-Improv\2009\NWCWD (USR 1680)\NWCWD (USR-1680) Improvements Agreement (ON -SITE ONLY) (11-16- 09)Fnal.docx Page of 8 1111111 VIII 111111I111VIII111111111111III1111111111111 3673138 02/01/2010 11:24A Weld County, CO 7 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.6 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. 7.7 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado(hereinafter "Engineer"), that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 The Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as accepted, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the County, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.6 For improvements to public rights -of -way or easements, the request for release of collateral shall be accompanied by "Warranty Collateral" in the M:\AGREEMENTS Road Improv\2009\NWCWD (USR-1680)W WCWD (USR-1680) Improvements Agreement (ON -SITE ONLY) (11-16- 09)Final.doex Page 6 of 8 111111111111 IIIIII MI IIIII 111111 11111I III liii 1111 IIII 3673138 02/01/2010 11:24A Weld County, CO 8 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. The warranty collateral shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve North Weld County Water District (USR-1680) of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0. County Engineer: 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. 11. Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. MAAGREEMENTS\Road-Improv@009\NWCWD (USR-1680)\NWCWD (USR-1680) Improvements Agreement (ON -SITE ONLY) (1 I-16- 09)Final.docx Page 7 of 8 1111111111 1111111111 VIII 111111 111111III 11111 1111 'Ill 3673138 02/01/2010 11:24A Weld County, Co 9 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. SUSAN C. MCCOLLUM Notary Public State of Colorado PROPERTY OWNER: 07 4104 r; PROPERTY OWNER: ribed and sworn to befo e me this,)5 a day of `16-C77Z11Z6o 1dc7/ t ifff-4/9 ATTEST: Weld County Clerk to oard APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO emacher, Chairpro—Tem DEC 3 0 2009 M:\AGREEMENTS\Road- mp ov\2009\NWCWD (USR-I 680)\NWCWD (USR-1680) Improvements Agreement (ON -SITE ONLY) (11-16- 09)Final.docx Page 8 of 8 11111111111111111111111111111111 HI III 111111 III IIII 3673138 02/01/2010 11:24A Weld County, CO 10 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder L-14Wy- 39 =MIT A - Cost Sheet (OFF -SITE ) Name of Subdivision, PUD, USR, RE, SIR: USR-1680 Personnel Contact: Name Don Posselt Fiang:Caw : 1680 Location: 6 -7N -67W Tide Manager phone 970.356.3020 Intending to be!egadhr bowed, the andersigned. 1pabran hnebv agreel to provide throughout this titan thefpeowmg unproirmena. Improvements (Leare spares blank where rhos do nor apple ) (OFF -SITE) Quantity Units Unit Costs (S) Estimated Construction Cat it Site Grading Street Grading 1 $3,000.00 $3,000.00 Street Base 1 $13.050.00 $13,050.00 Street Paring Curbs. Gutters. and Culverts Sidewalk StormwaterDrainage Facilities Retention r Detention Ponds Road C'uh-en 1 $1,416.00 $1,416.00 Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewer :"Sewage Facilities Sanitary Sewer Forced Main Erosion Control MeasuresrB\IP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey. Street Monument:Tomes Parking Area Street Lighting Street Names Signage & Pavement Marling Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer SUB -TOTAL: $17,466.00 $17,466.00 Engineering and Supenision Costs s $2.000.00 (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF L\MPROVESIENTS AND SUPERVISION s $19.466.00 IIIIII VIII IIIIII IIII VIII IIIIII IIIIII III 1111111 II I'll 3673138 02/01/2010 11:24A Weld County, CO 11 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - Cost Sheet WA -SITE) Name of Subdivision. BUD CSR, RE, SPA: USR-1680 Personnel Contact: Name Don Posselt Tiling Case T: 1680 Location: 6 -7N -67W Tide Manager Phone 970.356.3020 Intendmn to betroth bond Abe underrivmdAavncma A€ebr a rnix nrm•ede droll ow this hrils• the f°Dor my ima o mnia Improvements L tare spans blank where the, do nor upph 1 W --SITE) Oaantim Cents Unit Costs (S) Estimated Construction Cost ,v, Site Grading 1 $5,233.00 $5,233.00 Street Grading 1 $11,850.30 $11,850.30 Street Base Street Paving Curbs. Gutters, and Culverts Sidewalk. Stormwa ter Drainage Facilities Retention Detention Ponds 1 $3,953.00 $3,953.00 Road Culvert 1 $3,682.80 $3,682.80 Gras: Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewer: Sewage Facilities Sanitary Sewer Forced \Lin Erosion Control Measures BNIP's Lateral; (Louse or building connected) Water Supply and Storage Water Main: (include; bore) Completed Fire Hydrant: Completed Survey. Street Monuments Boxe: Parking Area Street Lighting Street Names Signage R Pavement Marking Fencing Requirements 1 $33,016.12 $33,016.12 Landscaping 1 $46,017.00 $46,017.00 Park Improvement: Telephone Gas Electric 1 $5,000.00 $5,000.00 Water Transfer SUB -TOTAL: $108,752.22 $108,752.22 Engineering and Supervision Costs S $8,000.00 (Tesang. inspection as -built plans and work in addition to preliminary and final plat supervision of actual construction b. contractors) TOTAL ESTBLATED COST OF B1PROCE\tEN7S AND SUPERVISIONS $116.752.22 1111111 11111 111111 IIII VIII 111 111 111111 III IIII 3673138 02/01/2010 1124A Weld County, CO 12 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B - Time Schedule (OY-sIIE ) & (OFF -SHE) Name of Subdiviaa PCD, i-SR RZ. SPL USR 1680 mint a:e+. 1680 Law.; 6 -7N -67W r.as.di.r r kr SEAM ',ems{ d. Atarritial.1,tp6esat hero, Arc re prodo dro.rhs.rdu,MLn ter Jeui ief=wprowwmt All Improvements shall be oolnp4tn within 2 year; horn 1ne date of approval of Me final that Concbuotlon of Ma umprov.ment; listed in ExPDf A shall Improvements (Irene spun Sink where ahn H no, app h I Tr use Schedule ION—UTE; tO.rFSITfl Site Grading 24 months after Final Plat Street Grading 24 months after Final Plat 24 months after Final Plat Street Base 24 months after Final Plat Street Paving C orbs, Gutters. and C aliens Sidewalk Stormwater Dramaee Facilities Retention Detention Ponds 24 months after Final Plat Road C invert 24 months after Final Plat 24 months after Final Plat Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers Sewage Facilities Sanitar Sewer Forced Main Erosion Control MeasuresItMrs Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Completed Fire Hydrants Completed Survey. Street Monumenls.Boxes Parting Area Street Ligbnine Street Names Signage & Pavement Marking Fencing Requirements 24 months after Final Plat Landscaping 24 months after Final Plat Park Improvements Telephone Gas Electric 24 months after Final Plat Water Transfer Pint emoted*. Date for rewire Prejen 24 months after Final Plat 1111111 11111 111111 1111 11111 111111 11111 111 1111 1 11 1111 3673138 02/01/2010 11:24A Weld County, CO 13 of 17 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Landscaping Cost Estimates USR 1680 June 26, 2009 In ip Soil Preparation Finish Grade, Foothills Native Seed and Mulch CY LS $6,853.00 $17,987.00 $6,853.00 Irrigation System with Design Fees Trees Shrubs Planting 1 82 53 Each TTL $4,531.00 Varied Varied Varied $4,531.00 $9,875.00 TTL TTL $911.00 135 1111111 11111 111111 IIII 11111 111111 111111 III IIIIII III IIII 3673138 02/01/2010 11:24A Weld County, CO 14 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder $5,860.00 $46,017.00 Mill Brothers Landscape Mill Brothers Landscape Mill Brothers Landscape Harmony Gardens Harmony Gardens Harmony Gardens 7250 Creemidge Road, Windsor, Colorado 80550 • (970)9629091 Far P70)9629081 • www.sebilwme.eom To: Address: North Weld County Water District 33247 U.S. Hwy. 85 Lucerne, CO 80646 USA Contact Phone: Fax: Alan Overton 970-356-3020 970-395-0997 Project Name: Project Location: NWCWD Tank 1B Bid Number: Bid Date: 009018 Line # Item Description Estimated Quantity Unit Unit Rice Total Rice General Conditions 1 Mobilization 2 Silt Fence Detention Ponds 1 Topsoil - Sup & Stockpile 6" 2 Cut & Stodk ile Excess Material 3 Inlet - Pond Outlet 4 Riprap 9" Type L Road Culverts 1 CMP 24" Dia - W/ FES 2 CMP 12"Dia-W/FES Site Grading 1 Topsoil - Replace Topsoil 6" Street Base 1 Access Road Prep For Base Placement & Cut Borrow Ditch 2 Aggregate Base Course 6" 3 Place 1 1/2' Rode In Yard 1.00 LS $1,200.00 2,200.00 IF $1.65 $1,200.00 $3,630.00 Total Price for above General Conditions Items: $4,830.00 155.00 BCY 550.00 BCY 1.00 EACH 7.00 TON $2.60 $2.60 $1,700.00 $60.00 $403.00 $1,430.00 $1,700.00 $420.00 Total Price for above Detention Pont Items: $3,953.00 72.00 LF $51.15 24.00 IF $59.00 Total Price for above Road Culverts Items: 155.00 BCY $2.60 Total Price for above Site Grading Items: 3,000.00 SY 3,000.00 SY 3,591.00 SY $1.00 $4.35 $3.30 $3,682.80 $1,416.00 $5,098.80 $403.00 $403.00 $3,000.00 $13,050.00 $11,850.30 Total Price for above Street Base Items: $27,900.30 Total Bid Price: $42,185.10 Notes: • 1) OFFER AND ACCEPTANCE: This quotation may be withdrawn or modified if not accepted within thirty (30) days from date of issue. • 2) PERFORMANCE: Delivery of products or performance of services herein quoted are subject to delays occasioned by dreumstances beyond our control, Completion date is subject to weather conditions, mechanical failures, labor difficulties, fuel or material shortages, fire, governmental authority or regulation, acts of God, engineering changes, contractors not included in this contract, or any cause beyond our control. • 3) EASEMENTS & R.O.W.: Owner to furnish all easements and adequate right -of ways to allow Schmidt Earth Builders, Inc. to work in compliance with OSHA regulations and requirements. 111111111111111111101111111111111111111111111111111111 3673138 02/01/2010 11:24A Weld County, CO 15 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - Cost Sheet, (ON -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B BY: /a1i 45-a-P�� Applicant O').9 nl n ce c. Title By: Applicant Title Date i, 20 Date , 20 _ (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 11110 11111 111111 III 111111 III 1111 3673138 02/01/2010 11 24A Weld County, CO 16 of 17 R 0.00 D 0.00 S eve Moreno Clerk & Recorder M:WGREEMENTS\Exhibits\Exh A on-site.xls EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Date , 20 Title By: Applicant Date , 20 _ Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Will III III!!! nil 11111111111111111III BEI III IIII 3673138 02/01/2010 11:244 Weld County, CO 17 of 17 R 0.00 0 0.00 Steve Moreno Clerk & Recorder M:WGREEMENTS\Exhibits\Exh A off-site.xls 26€ Vendor: BOARD OF COUNTY COMMISSIONERS WELD, CO USR-1680 NORTH WELD COUNTY WATER DISTRICT P.O. BOX 56 33247 HWY 85 LUCERNE, CO 80646-0056 970-356-3020 PAY 12/28/09 136,218.22 136,218.2: NEW WEST BANK 55 S. ELM ST. EATON, CO 80615 82-697/1070 $136,218.2 26 One Hundred Thirty -Six Thousand Two Hundred Eighte 2009 ****$136,218.22 enand 2/O0Dollars las Dec 28, DATE TO THE ORDER OF BOARD OF COUNTY COMMISSIONERS WELD, CO P.O. BOX 758 GREELEY, CO 80632 AMOUNT Hello