HomeMy WebLinkAbout20071720.tiff RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY
SPECIAL REVIEW #1527 - WASTE MANAGEMENT DISPOSAL SERVICES OF
COLORADO, 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, by Resolution dated December 21, 2005, the Board approved the application
of Waste Management Disposal Services of Colorado, Inc., P.O. Box 1450, Chicago, IL
60605-1450, fora Site Specific Development Plan and Use by Special Review#1527 fora Use
Permitted as a Use by Right or an Accessory Use in the Commercial or Industrial Zone Districts
(administration facility, container repair facility, fueling station, truck wash, container storage, and
truck storage) on the following described real estate, to wit:
Part of the NW1./4 of Section 7, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on August 23, 2006, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Private Road Maintenance), between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Waste Management
Disposal Services of Colorado, Inc., with terms and conditions being as stated in said agreement,
and accepted Performance Bond Numbers 1019028 for$912,623.26 and 1019029 for$241,945.00
respectively, drawn on the LEXON Insurance Company, 2307 River Road, Suite 200, Louisville,
Kentucky 40206, and
WHEREAS, the Board, through Resolution #2007-1457, dated May 21, 2007, released
Performance Bond Number 1019028, drawn on LEXON Insurance Company, in the amount of
$912,623.26, retaining Performance Bond Number 1019029 in the amount of$241,945.00.
WHEREAS, staff from the Weld County Department of Public Works has conducted a
visual inspection and recommends release of a portion of said remaining collateral, in the amount
of $205,653.25, retaining $36,291.75 for a one-year warranty period for construction of road
improvements on one mile of County Road 25.
WHEREAS, the Board has been presented with replacement Performance Bond
Number 1021413 in the amount of$36,294.75 from LEXON Insurance Company
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Performance Bond Number 1019029, drawn on the LEXON Insurance
Company, in the amount of $241,945.00 be, and hereby is, canceled and released, and that
replacement Performance Bond Number 1021413, drawn on the LEXON Insurance Company, in
the amount of$36,291.75, be and hereby is, accepted.
111111111111111111IIIII1111111111111111III11111IIII101 2007-1720
3490649 07/16/2007 02:54P Weld County, CO PL1808
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
CANCEL COLLATERAL - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO,
INC.
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said 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 18th day of June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL\OUNc Y, COLORADO
ATTEST: , ' 1I/`� ���. .n�. .
e6 ('_Z,"�, s=Avid E. Long, Chair
i Weld County Clerk to the B. .rd ' t,kt.. f♦� /
i k
ja. illiam rk Pr
BY: A•l�≤ % i ,`,,, 1
Deputy Clerk to the Board '
Wi m F. Garcia ��^^ �`
AP ED AS TO • � Q �_ \p��
L�i;� Robert Daen
minty Att rney
Dougla Rademacher
Date of signature: 9 0 7
AIM 11111111111 IIIII 111111 IIIII IIIII III IIIII 11111111
3490649 07/16/2007 02:54P Weld County, CO 2007-1720
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder PL1808
MEMORANDUM
TO: Clerk to the Board DATE: June 8, 2007
FROM: Donald Carroll, Engineering Administrator
SUBJECT: USR-1527, Waste Management
The applicant has provided a replacement Performance Bond in the amount of$36,291.75. This Performance
Bond shall be retained by Weld County for one year. At such time, a final warranty inspection will be
conducted at the written request of the applicant or the representative.
The Weld County Public Works recommends acceptance of the replacement Performance Bond for the
warranty period.
pc: USR-1527
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1527 Waste Management.DOC
2007-1720
WASTE MANAGEMENT
1001 Fannin, Suite 4000
Houston, Texas 77002
Phone: (713) 394-2228 Fax: (866) 239-7964
Memorandum
DT: May 22, 2007
VIA UPS PRIORITY
TO: Chip Wertz
Waste Management Disposal Services of Colorado, Inc.
5500 South Quebec St., Suite 250
Greenwood Village, CO 80111
(303) 944-7521
FR: Marie Alvarado
F. A. Administrative Assistant
RE: Performance Bond —Weld County Colorado
Enclosed and listed below is performance bond issued by Lexon Insurance Company as
requested by your district.
➢ Bond number 1021413 — Weld County Colorado issued in the amount of
$36,291.75 for one-year warranty period for construction of road improvements
on one mile of WCR 25.
If you have any questions regarding the enclosures, please feel free to contact me at
(713) 394-2228.
enclosures
cc: Donna Meals, Director (w/o enc.)
® Chip Wertz, PE
WASTE MANAGEMENT Manager of Construction
WASTE MANAGEMENT
5500 South Quebec St.,Suite 250 Greenwood Village,CO 80111
(303)486-6038 (303)486-6146 Fax
(303)944-7521 Mobile cbwertz@wm.com
prom everyday collection to environmental protection. .. PnnW on WO%pooHvnrumn
Think Green.•Think Waste Management. -•
• ,ayrwpom
PERFORMANCE BOND
BOND NO 1071413
KNOW ALL MEN BY THESE PRESENTS, that we, Waste Management Disposal Services of Colorado, Inc.
5500 S. Quebec Street, Suite 250, Greenwood Village, CO 80111
(hereinafter called the 'Principal"), as Principal, and the j FynN Tncirance(q ypa„y
(hereinafter called the"Surety"),as Surety,are held and firmly bound unto Weld county Colorado
P.O Box 758 Greeley. CO 80632 , (hereinafter called the
'Obligee, as Obligee, in the sum of Thirty-Six Thousand Two Hundred Ninety-One and 75/100
(i 36 741 75 ),for the payment of which sum well and truly to be made,we the said Principal and the said
Surety bind ourselvesr our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by
these presents.
WHEREAS,the Principal has entered into a(written)agreement(hereinafter called the'Agreement")with the Obligee
for One Year Warranty Period for Construrtion of Road Improvements on One Mile * which
Agreement is hereby referred to and made a part hereof as if fully set forth herein;
NOW THEREFORE,the condition of this obligation Is such that'd the Principal shall well and truly keep all the tens
and conditions as outlined in said Agreement then this obligation shall be null and void; otherwise to remain in full
force and effect.
PROVIDED, HOWEVER,this bond Is executed by the Surety and accepted by the Obligee subject to the following
conditions:
1. No assignment of this bond shall be effective without the written consent of the Surety.
2. This obligation may be terminated by the Surety by thirty(30)days advance written notice to the Obligee, such
notice to be sent by registered mail. Such termination shall not affect liability Incurred under this obligation prior
to the effective date of such termination.
3. PROVIDED, HOWEVER,it shall be a condition precedent to any right of recovery hereunder that,in the event of
any breach of the Agreement on the part of the Principal, a written statement of the particular facts stating the
nature of such breath shall be given as soon as reasonably possible by the Obligee to the Surety and the Surety
shall not be obligated to perform Principal's obligation until thirty (30) days after Surety's receipt of such
statement.
4. No action, silt or proceeding shall be had or maintained against the Surety on this bond unless the same be
brought or instituted within sixty(60)days after the termination of release of this bond.
5. Under no circumstances shall the aggregate liability of the Surety exceed the penal sum above stated.
6. This bond shall be effective from 5/21/2007 to 5/21/7008
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be executed and their seals
affixed this 21st day of May . 2007 .
* of WCR 25
Waste Management Disposal Services of Colorado, Inc.
(Principal)
By: &O..t‘..A Lit le
Donna L.Meals,Auth rized Representative
LEON Insurance Company
(Surety)
B LLB
Juli adican, Attorney-in-Fad
POWER OF ATTORNEY
�x - 29096
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint:
John B.Manus,Mary E.Joseph,Brook T. Smith,Kathy Hobbs,Raymond M.Hundley••
Jason D.Cromwell,James H. Martin, Sandra F. Harper,Myrtie F. Henry,Julie Radican,Virginia E. Woolridge,Deborah Neichter•r"******
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00,Two-million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
s;.••* . LEXON INSURANCE COMPANY
mac;.•" A •.O
O TEXAS 1--0
x INSURANCE FZ
w COMPANY BY
tt• F
.... ✓ David E. Campbell
•
President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known,who being duly sworn,did depose and
say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MAUREEN K.AYE ny^�/^� /'�
Notary Public,State of Illinois � 1., C_ �.xt/
My Commission State oExpires 0inois 9
Maureen K.Aye
CERTIFICATE Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force. f �A
Signed and Sealed at Lombard, Illinois this CR/5 Day of ''l , 20 07
c� N«�
O TEXAS Cep N E'�` to
? D
' INSURANCE
WA COMPANY
%•`'• Donald D. Buchanan
•»...••' Secretary
MEMORANDUM
1\ Date: May 17, 2007
To: Donald Carroll, Engineering Administrator
From: Tracy Dyer, PW Lead Construction Inspector ` `"
COLORADO
Pc: David Batter, P.E.
RE: Waste Management Improvements USR 1527—Final Release of
Collateral
At the written request of the owner's representative, Mike James — Landmark Construction, I have
completed the final inspection of the above-mentioned USR and have found the site to be complete. All
items of partial release memo dated March 9th, 2007 have been met and completed to the satisfaction of
Weld County Public Works. As-builts of the off-site improvements have been received, reviewed and
approved.
The typical Exhibit "A"was not recorded with the improvements agreement for the off-site infrastructure,
therefore a current pricing estimate has been given to the items and materials used completed by Weld
County Public Works staff and is attached.
I recommend the balance of the full amount of$241,945.00 be returned and a warranty collateral amount
of 15% or $36,291.75 be received and held by Weld County for one (1) year at which time a final
warranty inspection will be conducted at the written request of the applicant or their representative. All
pertinent documentation, testing and otherwise, has been received and approved.
This road is under a long-term maintenance agreement and the owner will conduct maintenance.
' S J w.�.c. l3 d GC
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
March 13, 2007
Chip Wertz
Manager of Construction
Waste Management
Colorado Land Fills
8310 South Valley Highway, Suite 200
Englewood CO 80112
RE: Partial Release of Collateral
Dear Mr. Wertz:
Please find attached is the Weld County Public Works Department's recommendation for partial
release of collateral along with a punch list.
The applicant needs to provide a reduced Letter of Credit or Performance Bond for the
remaining collateral.
The Weld County Public Works Department is recommending the release of collateral in the
amount of $192,085 based on the inspection of the project as it relates to the approved
construction plans.
The amount that will be retained or given any form of collateral to Weld County is $49,860. This
portion of the Improvements Agreement for USR-1527 deals with WCR 25 improvements.
Once we have received the replacement collateral, Public Works will schedule partial release of
the original collateral with the Clerk to the Board, and it will be placed on the County
Commissioner's agenda.
Sincerely,
Donald Carroll
Engineering Administrator
Enclosures
pc: Chris Gathman, Planning Services
Clerk to the Board
Tracy Dyer, Inspection Division
USR-1527 and WCR 25 files
M\PLANNING-DEVELOPMENT REVIEVACorrespondence1Waste Management doc
MEMORANDUM
Kit tt;
Date: March 9, 2007
�1! To: David Bauer,P.E.; Development Senior Engineer
From: Tracy Dyer, PW Lead Construction Inspector ` -
COLORADO
RE: Waste Management Improvements USR 1527—Partial Release of
Collateral
Dave,
At the request of the owner's representative, Mike James, I have completed an inspection of the above-
mentioned USR and have found the site to be substantially complete. An amount of$241,945.00 is being
held in collateral for the off-site improvements. The typical Exhibit "A" was not recorded with the
improvements agreement for the off-site infrastructure, therefore a current pricing estimate has been given
to the items and materials used completed by Weld County Public Works staff and is attached.
There remain additional items that have yet to be completed. These can be reviewed on the attached
punch list.
I recommend the amount of$192,085.00 for partial release based on my inspection of the project as it
relates to the approved construction plans of the project. The amount that would be retained or given in
another form of collateral to Weld County is $49,860.00. All pertinent documentation, testing and
otherwise, has been received.
As the site exist, my estimation of the following items are partially complete: 85% road grading, 50%
survey, and 90% traffic control. Landscape/seeding will commence in the spring - 2007, per owners rep.
Items complete include: street base, street paving, striping and road culvert. Weld County will also need a
letter from the engineer of record certifying the project is completed to their satisfaction prior to the
release of those funds. In addition, I recommend that 15% of the overall original collateral remain held by
Weld County for I-year warranty period of the off-site improvements. 1-year warranty period will begin
when the remainder of the items currently uncompleted is finished. If the owner/owner's rep completes'
the attached punch list before that time, they may request a collateral release of those remaining
funds once those items have been verified as completed. This road is under a long-term maintenance
agreement and the owner will conduct maintenance.
Let me know if you have further questions.
8P. 'CS K./
ed byQt.
e•t•
4.04,
ty c3,4,-
No°6 r 1O
C1ez, f tier
t° 2 o
°° I.02�y tegtr
the °°�_.ed
8O
PERFORMANCE BOND drd SSroO
BOND NO 101 gn7q
KNOW ALL MEN BY THESE PRESENTS, that we,Waste Management Disposal Services of Colorado, Inc.
8310 S. Valley Highway, Suite 200, Englewood, CO 80112
(hereinafter celled the Prindpar),as Principal, and the mrnki Tne,w �('4mp n
(hereinafter led the"Surety"),as Surety,are held and firmly bound unto Weld l.ountyYColorado
P O tied
Greeley CO R0637 (hereinafter called the
'Obligee Obligee, In the sum of Twn Hundred Forty-One Thousand Nine Hundred Forty-Five and 00/100
($ 741 945 on ),for the payment of which sum well and truly to be made,we the said Principal and the said
Surety bind obirnim, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by
these presents.
WHEREAS,the Principal has entered Into a(written)agreement(hereinafter called the'Agreement')with the Obligee
for Construction of Road Improvements on One Mile of WCR 25 which
Agreement is hereby referred to and made a part hereof as If fully set forth herein;
NOW THEREFORE,the condition of this obligation Is such that if the Principal shall well and truly keep all the banns
and condition's as outlined in said Agreement then this obligation shall be null and void; otherwise to remain in full
force and effent.
PROVIDED, HOWEVER,this bond is executed by the Surety and accepted by the Obligee subject to the following
conditions:
1. No assignment of this bond shall be effective without the written consent of the Surety.
2. This obligation may be terminated by the Surety by thirty(30)days advance written notice to the Obligee,such
notice to sent by registered mail. Such termination shall not affect liability inured under this obligation prior
to the effibctive date of such termination.
3. PROVIDED,HOWEVER,it shall be a condition precedent to any right of recovery hereunder that,in the event of
any breach of the Agreement on the part of the Principal,a written statement of the particular facts stating the
nature of such breach shall be given as soon as reasonably possible by the Obligee to the Surety and the Surety
shall not be obligated to perform Principal's obligation until thirty (30) days after Surety's receipt of such
statemerd.
4. No action, suit or proceeding shall be had or maintained against the Surety on this bond unless the same be
brought or instituted within sixty(60)days after the termination of release of this bond.
5. Under no circumstances shall the aggregate liability of the Surety exceed the penal sum above stated.
6. This bond shall be effective from 8/16/7006 to 8/15/2007
IN WITNESS WHEREOF,said Principal and said Surety have caused these presents to be executed and their seals
of bced this 16th day of August 2006 .
Waste Management Disposal Services of Colorado, Inc.
(Principal)
Cherie C. Rice
By: ( /t'tt .-'(21<fc_ vice President& Treasurer
LEXON Insurance Company
(Surety)
By-. LIAO j\. 101,c2,
Donna L. Meals,Attorney-In- act
POWER OF ATTORNEY
Lx - 016760
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: Donna Meals
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00,Two-million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 2nd day of July,2003.
NF AN«y. LEXON INSURANCE COMPANY
r L �
0: TEXAS V-0
Xi INSURANCE
rf BY
David E.Campbell
N«..Y
President
ACKNOWLEDGEMENT
On this 2nd day of July,2003, before me, personally came David E.Campbell to me known, who being duly sworn,did depose and
say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
'OFFICIAL SEAL'
LYDIA J.DEJONG
NOTARY MUG STATE OF IWNOIS
MY COMMISSIOOtI EXPIRES 1 o/c7 /
Lydia J.DeJong
CERTIFICATE Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this 1(0 Day of 41)551/S4 PO Q(,
/ TEXAS -0I
INSURANCE > Cia/0, eatite,-(4-(4
.•:.1"A.COMPANY -
rr ' Donald D.Buchanan
�-..., «.•,, , Secretary
�o Tol.),0 1 . C 1-(•
� P(�f b � t 1I'QT r k i_ C A-'3 C e., ' irTrjx; O � C '
L L Arc R-m_
FtyL_ W C 2 Z Iti F v c,,r e4^A7S
( CF1\) CevL °ND G � lal CIcza \
c Es, PI '7-cN b ] ° z `I 1
DOAPJ A R c_ k A c-T c_ L y,_J
/ Dl c' - ziGi To7Jin ; 6// /07
o /7/ P VL/2:7z—
( jA srz /� CN,cc cfr , ,4%rr
3 ' 66 — 6 03 5
3 3 � � �,r � s z )
Hello