HomeMy WebLinkAbout20062309 CORRECTED RESOLUTION
(Corrected as to Performance Bond Number 1019029)
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AND
OFF-SITE ROAD IMPROVEMENTS AGREEMENT FOR WCR 25, AUTHORIZE CHAIR
TO SIGN BOTH AGREEMENTS,AND ACCEPT 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, on December 21, 2005, the Board of County Commissioners approved Use
by Special Review#1527, for Waste Management Disposal Services of Colorado, Inc., P.O. Box
1450, Chicago, IL 60605-1450, for a Site Specific Development Plan and Use by Special Review
for a 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) in the A(Agricultural) Zone District on the following described real
estate, to-wit:
Part of the NW1/4 of Section 7, Township 7 North,
Range 66 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(Private
Road Maintenance)and an Off-Site Road Improvements Agreement 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
agreements, and
WHEREAS,the Board has been presented with Performance Bond Number 1019028 from
LEXON Insurance Company, 2307 River Road, Suite 200, Louisville, Kentucky, in the amount of
$912,623.26, and
WHEREAS,the Board has also been presented with Performance Bond Number 1019029
from LEXON Insurance Company, 2307 River Road, Suite 200, Louisville, Kentucky, in the amount
of$241,945.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreements and
accept said Performance Bonds as stated above, copies of which are attached hereto and
incorporated herein by reference.
2006-2309
PL1808
fia '41. /T/'/G, -c, 7
IMPROVEMENTS AGREEMENT- WASTE MANAGEMENT DISPOSAL SERVICES OF
COLORADO, INC.
PAGE 2
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 (Private Road Maintenance) and the Off-Site Road Improvements Agreement
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., be,
and hereby are, approved.
BE IT FURTHER RESOLVED that Performance Bonds Numbers 1019028 and 1019029
from LEXON Insurance Company, 2307 River Road,Suite 200, Louisville, Kentucky, in the amount
of$912,623.26, and $241,945.00, respectively, be and hereby are, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of August, A.D., 2006.
BOARD OF� COMMISSIONERS
WELD UNTY I L,ORADO
ATTEST: L � ` �� � JA ul...,
Ge e, Chair
Weld County Clerk to the : grrd n
C,�J--7 kik: ''� - vi E E. Pro-Tem
Deputy Clerk to the Boat ', ,' q;,` ' r CA/''
Wil " 1�Jerke
`� WAD__
APP AS M: f V° __
Robert DD Masden
u Attorney (/ _
Glenn Vaad
Date of signature: J -o 7
2006-2309
PL1808
497
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this at, day of /UQi/S/ ,2006,by and between
the County of Weld, State of Colorado,acting through its Board of County tommissioners,hereinafter called
"County," and Waste Management Disposal Services of Colorado,Inc.hereinafter called "Applicant."
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in
the County of Weld,Colorado:
WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as
Waste Management of Northern Colorado USR#1527 has been submitted to the County for approval,and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned
Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a
Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,
plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,
which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this
Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of
said Final Plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection
with the design and construction of the Subdivision or Planned Unit Development improvements listed on
Exhibit "A," which is 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.
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 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned
Unit Development to the County for approval prior to the letting of any construction contract.
Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of
construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed
upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all
lands and facilities traversed by the proposed improvements.
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3.0 Construction: Applicant shall furnish and install,at its own expense,the Subdivision or Planned Unit
Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by
reference,according to the construction schedule set out in Exhibit"B"which is also attached hereto and
incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the
County and the specifications adopted by the County for such public improvements. Whenever
a Subdivision or Planned Unit Development is proposed within three miles of an incorporated
community located in Weld County or located in any adjacent county, the Applicant shall be
required to install improvements in accordance with the requirements and standards that would
exist if the plat were developed within the corporate limits of that community. If the
incorporated community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed,the requirements and standards of the
County shall be adhered to. If both the incorporated community and the County have
requirements and standards,those requirements and standards that are more restrictive shall
apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by
the County to perform all testing of materials or construction that is required by the County;
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 Applicant's expense. Any material or
work not conforming to the approved plans and specifications shall be removed and replaced to
the satisfaction of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of
sanitary sewer or septic systems,water,gas,electric and telephone services.
3.5 Said Subdivision or Planned Unit Development 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
shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6
herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability
loss and damage County may suffer as a result of all suits, 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.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,
streets within a Subdivision or Planned Unit Development may be approved by the County as public
roads and will be maintained and repaired by a Homeowners Association or,in its absence,the owners of
lots within the Subdivision or Planned Unit Development.
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6.1 If desired by the County, portions of street 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 approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B,"
and may continue to issue building permits so long as the progress of work on the Subdivision or
Planned Unit Development improvements in that phase of the development 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 streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the applicant(s) may
request in writing that the County Engineer inspect its streets and recommend that the Board of
County Commissioners partially approve them. Not sooner than nine months after partial
approval,the County Engineer shall,upon request by the applicant,inspect the subject streets,
and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets
after notification from the applicant(s)that any deficiencies have been corrected. If the County
Engineer finds that the streets are constructed according to County standards,he or she shall
recommend full approval. Upon a receipt of a positive unqualified recommendation from the
County Engineer for approval of streets within the development, the Board of County
Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred
percent(100%)of the value of the improvements as shown in this Agreement. Prior to Final
Plat approval,the applicant shall indicate which of the five types of collateral preferred to be
utilized to secure the improvements subject to final approval by the Board of County
Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted
and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral
has not been submitted within six(6)months then the Final Plat approval and all preliminary
approvals shall automatically expire. Applicant may request that the County extend the Final
Plat approval provided the cost estimates are updated and the development plans are revised to
comply with all current County standards,policies and regulations. The improvements shall be
completed within one(1)year after the Final Plat approval(not one year after acceptable collateral
is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty(30)
days prior to its expiration and further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of One-Hundred percent(100%)of the value
of the improvements remaining to be completed. If improvements are not completed and the
agreement not renewed 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.
7.2 The applicant may choose to provide for a phased development by means of designating filings
of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need
only to provide collateral for the improvements in each filing as approved. The County will
place restrictions on those portions of the property that are not covered by collateral which will
prohibit the conveyance of the property or the issuance of building permits until collateral is
provided or until improvements are in place and approved pursuant to the requirements for a
Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County
subject to final approval by the Board of County Commissioners.
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8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)
of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and
"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the
developer has not performed the obligations specified in the Improvements Agreement
and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of
this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased
portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent
(100%)of the estimated costs of completing the uncompleted portions of the required
improvements,based on inspections of the development by the issuer. In no case shall
disbursement for a general improvement item exceed the cost estimate in the
Improvements Agreement(i.e.,streets,sewers,water mains and landscaping,etc.). The
issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released
by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of
Credit shall be either the date of release by Weld County of the final fifteen percent
(15%),or one year from the date of Final Plat approval,whichever occurs first. Said
letter shall stipulate that,in any event, the Letter of Credit shall remain in full force
and effect until after the Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by
certified mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the
Board of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an
appraisal is required of the property in the proposed development by a disinterested
Member of the American Institute of Real Estate Appraisers(M.A.I.)indicating that
the value of the property encumbered in its current degree of development is sufficient
to cover One-Hundred percent(100%)of the cost of the improvements as set forth in
the Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as
collateral by Weld County,then an appraisal is required of the property by a Member
of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in its current state of development is sufficient to cover
One-Hundred percent (100%) of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
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8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of the amount
specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and will not release any portion of
such funds without prior approval of the Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement, the
escrow agent,upon request by the County,shall release any remaining escrowed funds
to the County.
8.4 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 as
specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of
the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of
the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an
Engineer registered in Colorado that the project or a portion of the project has been completed in
substantial compliance with approved plans and specifications documenting the following:
9.1 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 approved by Weld
County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation Schedule for minimum materials sampling,testing and inspections found in the
Colorado Department of Transportation(CDOT)Materials Manual.
9.3 "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 approved, or that any material deviations have received
prior approval from the County Engineer.
9.4 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.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are
in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are
operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of
approval of the streets by the County,the applicant(s)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.
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9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the
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.
9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of
County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Conunissioners, pursuant to a rezoning,
Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of
areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a
character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall
be secured in accordance with one of the following alternatives, or as specified in the Planned Unit
Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision
Regulations shall be dedicated to the County or the appropriate school district,for one of the
above purposes. Any area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code,may be
reserved through deed restrictions as open area,the maintenance of which shall be a specific
obligation in the deed of each lot within the Subdivision or Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the
market value at the time of Final Plat submission of the required acreage as determined
according to Chapter 24 of the Weld County Code. Such value shall be determined by a
competent land appraiser chosen jointly by the Board and the Applicant. The cash collected
shall be deposited in an escrow account to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal
representatives, successors and assigns of the Applicant, and upon recording by the County, shall be
deemed a covenant running with the land herein described,and shall be binding upon the successors in
ownership of said land.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and
year first above written.
13
APPLICANT: fio N-ate ]CC}1' -StaA)&
APPLICAN /
TITLE: ✓ / �'�
Subscribed and sworn to before me this 4 day of SIT,20O1G
My Commission expires:
(N-5/, )'7 Notary Public
DOMMIJOHNSON
Way/Ibis
NON d Colorado
ATTESTwr' S Fa
BOARD OF CO TY COMMISSIONERS
�� ELD COUN COLORADO
Weld County Clerk to the Board 1867 _.
`ice ' ,, M. J. Gei a ,Chair
BY: itI I , wet " 08/23/2006
D uty Cle to the Board
APPROVED AS TO FORM: \
County ttorney
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Q9006-&S09
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development: Waste Management of Northern Colorado USR#1527
Filing:
Location: A portion of the NW ''A of Section 7,Township 7 N.,Range 66 W.of the 6`"PM
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Ouantity Units Unit Estimated Construction
Costs Cost
Site grading 25527 sy $ 1.49 $38,035.23
Street grading
Street-base Concrete Site Paving 25257 sy $23.52 $600,395.04
Street paving Asphalt Parking Paving 6443 sy $ 13.43 $86,529.49
Street grading
Street base
Street paving
Curbs,gutters,and culverts 200 If $ 16.00 $ 3,200.00
Sidewalk 4800 sf $4.50 $21,600.00
Storm sewer facilities
Retention ponds (Detention Ponds) 70,000 sf $0.25 $ 17,500.00
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants 4 ea $3,050 $ 12,200.00
Survey and street monuments and boxes
Street lighting 14 ea $3,500.00 $49,000.00
Street Names
Fencing requirements 4190 If $14.90 $62,431.00
Landscaping 15 acres $893.00 $ 13,395.00
Park improvements
Road culvert 115 If $72.50 $8,337.50
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
$912,623.26
Engineering and Supervision Costs$ included
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(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $ 912,623.26
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 i rove nts shall pe completed according to the construction schedule set out in Exhibit "B."
By:
Applicant Rfr oni2Cc.Q Icac. r9Cnac,
; ,(//r' f/�G Datet 0 ,20/ .
th',g9Yrp`o oft re signed by President and attested to by Secretary,together with corporate seal.)
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EXHIBIT "B"
Name of Subdivision
or Planned Unit Development: : Waste Management of Northern Colorado USR#1527
Filing:
Location: A portion of the NW'A of Section 7.Township 7 N.,Ranee 66 W.of the 6th PM
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within one years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit "A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading September 2006
Street base
Street paving
Curbs,gutters,and November 2006
Sidewalk November 2006
Storm sewer facilities
Retention October 2006
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants September 2006
Survey and street monuments and boxes
Street lighting November 2006
Street name signs
Fencing requirements November 2006
Landscaping April 2007
Park improvements
Road culvert September 2006
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
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to
The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion
for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot
be met. •//3
By:
pplicant ✓rllnoe a c.b « :at-AT/A-Po �.
';`Y licant 1;•., i� ��
t Date:a/11 20 6 .
TJ• `t ^s".. " ':* /
%, , .. r
(It▪`eo 5r4ibdi2,tpl a signed by President and attested to by Secretary,together with corporate seal.)
111111111111111111111111111111111111111Milt III IIII
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I
498
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this cQ3—rB day of A6tgasi , 2006, by
and between the County of Weld, State of Colorado, hereinafter called "COUNTY" and WASTE
MANAGEMNT DISPOSAL SERVICES OF COLORADO, INC. hereinafter called "WMDSC", 8310 South
Valley Highway, Suite 200, Englewood, CO 801112.
WHEREAS, WMDSC has acquired a Land Use Permit from the COUNTY for an administration
facility, container repair facility, fueling station, truck wash, container storage, and truck storage in the A
(Agricultural) Zone District on approximately 27 acres, located in part of the NW 1/4 of Section 7, Township
7 North, Range 66 West of the 6` P.M. Weld, Colorado.
WHEREAS, the operation facility generates an increase of heavy vehicle traffic, and
WHEREAS, the existing COUNTY roads that serve the operation facility shall require increased
maintenance and improvement due to the increase in heavy vehicle traffic, and
WHEREAS, COUNTY and WMDSC have reviewed maintenance and improvements proposals put
forth by WMDSC and both parties agree that such maintenance and improvements will enhance the
accessibility and safety of the roads that serve said operation facility.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set, forth,
COUNTY and WMDSC mutually agree as follows:
Truck Traffic
A. All waste trucks shall utilize Weld County Road(WCR) 25, north of State Highway 14 (truck
route) for ingress/egress to the operation facility. (This provision does not apply to trucks
accessing the Landfill adjacent to facility)
Improvements
B. WMDSC shall provide a pavement overlay design for the entire truck route within the Weld
County Road maintenance area for review and approval by the Public Works Department. An
overlay shall be required from the main entrance of the operation facility on to WCR 25 south
to State Highway 14.
C. WMDSC shall complete the Long-Term Maintenance and Improvements Agreement
associated with the proposed operation facility and as outlined in this agreement prior to
commencement of truck traffic.
1. WMDSC shall start working on truck route improvements within six (6) months of
signed agreement and be completed in approximately six (6)months from the start of the road
construction.
11111111111111111111111 IIII 111111111111 III 111111II1111i
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D. WMDSC will provide testing services and inspection for the construction of the
improvements. The COUNTY will only provide oversight. A registered professional
engineer, registered in the State of Colorado, shall provide the COUNTY with a letter that
certifies the proper installation of the improvements.
E. WMDSC shall pay 100% of the improvements on WCR 25 from their main entrance south to
State Highway 14.
F. The safety improvements shall include: construction of adequate turning radii at the main
entrance on to WCR 25; and asphalt overlay 24 feet wide with four foot gravel shoulders from
the main entrance south to State Highway 14.
G. The engineering design and construction plans shall be the responsibility of the WMC. The
applicant shall provide the COUNTY with construction drawings that detail the required
improvements. The plans shall consist of; at a minimum, main entrance intersection layout
and grading, cross section, approach road, adequate turning radiuses, and a geometric
recommendation on depth of additional asphalt overlay to accommodate heavy truck traffic.
These plans will require approval by the Public Works Director/County Engineer or his
representative. A registered professional engineer, registered in the State of Colorado, must
prepare the construction plans. The plans, when reviewed and approved, will constitute a
section of this agreement. They will be attached hereto and referenced as Exhibit "A".
H. WMDSC shall warrant and guarantee WCR 25 improvements for a period of one year after
completion and acceptance of said improvements as being completed in accordance with the
engineering design and construction plans by the Weld County Public Works Director/County
Engineer or his representative.
Security
I. Prior to commencement of construction of the WCR 25 improvements, WMDSC shall
provide the COUNTY security in the form of a performance bond, letter of credit or other
financial mechanism conforming with COUNTY policy on collateral for improvements to
roads or highways. The amount of such security shall be 100% of the estimated cost of
$241,945.00.
Maintenance
J. Upon completion of the one-year warranty period described in Paragraph H above, the
COUNTY shall assume full responsibility of the maintenance on WCR 25 from WMDSC's
main entrance south to State Highway 14. Nothing herein shall be construed to relieve
WMDSC or any third-party from normal liability to the COUNTY for the cost of damages to
the aforementioned roadways that may be caused by the negligence or unlawful acts of
WMDSC or a third-party.
CDOT Improvements
K. WMDSC shall address all the Colorado Department of Transportation (CDOT) access issues
at the intersection of State Highway 14 and WCR 25.
1 111111 1111111111 111111 Ills 1111111 11111 111 11111 IIII IIII
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1. Prior to the start of the operation facility, the COUNTY AND WMDSC will document
the existing condition of the roadways. This effort will ensure that WMDSC will not be held
responsible for existing roadway damage, if any.
2. Failure of either party to perform any of its respective obligations hereunder by reason
of acts of God, strike, or acts of any governmental agency or authority having jurisdiction
over matters set forth hereinshall excuse timely performance of such obligations, but shall not
excuse the performance of such obligations as soon as reasonably practical. The parties may,
however, mutually consent to excuse a party from performing any obligation, in whole or in
part, upon a showing that performance has been rendered impracticable by reason of FORCE
MAJEURE.
3. This Agreement may not be assigned in whole or in part by either party hereto without
the written consent of the other party. Such consent will not be reasonably withheld,
conditioned, or delayed.
4. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then
it is the intention of the parties that the remainder of this Agreement shall not be affected.
5. Should WMDSC sell its operation, cease operating, file bankruptcy, or in any way
release ownership and responsibility of the permitted property, this Agreement as set forth
herein, shall continue in full force with the property's successor. If the aforementioned
release should occur, WMDSC shall give a minimum notice of ninety (90) days to the
COUNTY before the date of transfer.
6. All construction and material controls for a project will be in accordance with the
current Standards Specifications for Road and Bridge Construction, as supplemented or
revised, provided by the Colorado Department of Transportation. During construction,
signage shall be posted in accordance with the most current Uniform Manual on Traffic
Control Devices.
7. It is expressly understood and agreed that enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties, and nothing contained in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement. It is
the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
8. Indemnification: To the extent authorized by law, WMDSC agrees to indemnify,
save, and hold the COUNTY harmless from and against any and all claims, damages, losses,
and judgments, which may be suffered or incurred by the COUNTY as a consequence of any
breach by WMDSC of its obligations and duties set forth in this Agreement on those portions
of the haul route described in this Agreement. In the event that any dispute shall arise under
this Agreement, the prevailing party in such dispute shall be entitled, in addition to any other
11111111111111111111111IIII 1111111 Fill III 111111111 Jill
3421498 09/21/2006 03:07P Weld County, CO
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relief to which such party may be granted, to recover its reasonable attorney's fees and court
costs incurred in connection with the resolution of such dispute.
9. By entering into this Agreement, the parties do not intend, either expressly or
implicitly, to create a joint venture or partnership. Except as provided herein, neither party
shall have the right or authority to act for, or on behalf of, or to enter into, any obligations
which are binding on the other party of this Agreement.
10. All notices to be given under this Agreement shall be in writing and delivered in
person, or mailed by certified or registered U.S. Mail, or sent by a nationally recognized
overnight delivery service, to the party to receive such notice at the following addresses:
Weld County Board of Commissioners (COUNTY)
P.O. Box 758
Greeley, CO 80632
Waste Management Disposal Services of Colorado, Inc. (WMDSC)
8310 South Valley Highway, Suite 200
Englewood, CO 80112
Attn: Chip Wertz
All notices shall be effective upon receipt by the party to receive such notice, or by the third day following
deposit of said notice in U.S. Mail, or the first day following deposit of acknowledgement of refusal of
delivery of said notice.
181 1111111111111111 IIII 1111111 11111111w1,1110111111111
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year
first above written.
WHEREFORE, parties have hereunto set their hands and seals the date and year first written
above.
ATTEST: i WASTE ANAGEMEN DISPOSAL SERVICES
OF CO RAD , IN
By: By: g
i iam A of Ronald B. ertz
ssistant Secretary Authorized Representative
ATTEST: BOARD OF COUNTY COMMISSIONERS
/ r%WELD COUNTY, COLORADO
Aurilkalth
Weld County Clerk to the Board
1 1<w,,:.C.By: 4U+ ALA. By: //
M. J. Geile, Chair
08/23/2006
111111 IIIII lit 111111 lilt Milli IIIII III IIIII IIII IIII
3421498 09/21/2006 03:07P Weld County, CO
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.aooe - :ego 2
ct .
el 2,
PERFORMANCE BOND
BOND NO in,curia
KNOW ALL MEN BY THESE PRESENTS, that we,Waste Management Disposal Services of Colorado, Inc.
8310 S.Valley Hlahwav,Suite 200, Englewood, CO 80112
(herenafter called the'Principe),as Principal,and the j FYOru rna wants. ornn.any
(hereinafter called the'Surety'),as Surety,are held and firmly bound unto Weld County Colorado
P O Rox 75R.Greeley CO 80632 (hereinafter called the
-Obligee'), as Obligee, in the sum of Nine Hundred Twelve Thousand Six Hundred Twenty-Three and 26/100
(S 917 673 76 ),for the payment of which sum well and truly to be made,we the said Principal and the said
Surety bind ourselves,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*Agreements)with the Obligee
for Construction of On-Site Surfacelmomvements for USR-1527 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 terms
and conditions as outlined in saki 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 breath 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,suit or proceeding shall be had or maintained against the Surety on this bond unless the same be
brought or Instituted within ably(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 8/15/7007
IN WITNESS WHEREOF,said Principal and said Surety have caused these presents to be executed and their seals
affoced this 16th day of August 7006 .
Waste Management Disposal Services of Colorado, Inc.
(Principal)
7/1//4 Cherie C. Rice
By: L,'//�'t""1/4 C �(CP _ Vice President&Treasurer
LEXON Insurance Company
(Surety)
By: z nl L V & 1
Donna L. Meals,Attorney-in-Fact
POWER OF ATTORNEY LX - 016 7 61
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.
•'JPANCF LEXON INSURANCE COMPANY
\�5 -....••N�o
A
10: TEXAS 1�+ //�� y /
Xi, INSURANCE I v� �/�`'
�.WI COMPANY T, BY• 111 !
••. ......•... 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`
—NOTARY PLlIBIIJCJ•
STATEOF UJN0IS t/
MY COMMISSION EXPIRES 1/12/2007 I .`7`t. 7 ,(y-5/r
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 I b (/��` Day of H VSVS+ ,20 NO
J9,ANCFOr:
��/ Ni., 0621.4d (,(p`//�I'r2f A 1.2i,
+oS TEXAS ,-7,
X1 INSURANCE r�'+ I
.WI' COMPANY r
Donald D.Buchanan
•`•..._•.r,.'f id Secretary
f /GEC
PERFORMANCE BOND
BOND NO 1019029
KNOW ALL MEN BY THESE PRESENTS. that we,Waste Management Disposal Services of Colorado, Inc.
8310 S.Valley Hiahwav,Suite 200,Enalewood. CO 80112
(IIBMYuller nailed the•Prhidpan,as Perdpal,and the I swam rosy ny
(hereinafter called the*Surety.),a Surety,are held and firmy bound unto Cot•rado
P O Box 75R.Greeley.CO 80637 (hereinafter called the
'Obligee.), as Obligee, in the sum of Two Hundred Fnrty-fine Thnusand Nine Hundred Forty-Five and 00/100
($ 741 945 On ),for the payment of which sum well and truly lobe made,we the said Principal and the said
Surety bind ourselves,our hens,executors,administrators,successors and assigns,jointly and severely,firmly by
these presents.
WHEREAS,the Principal has entered fib a(written)agreement(hereinafter called the"Agreement"with the Obligee
for Construction of Road Improvements on One Mlle of WCR 25 which
Agreement is hereby refened to and made a pad 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 al the terms
and conditions as outlined In said AgreemsM then this obligation shall be null and void; otlhenwlse to remain in hdi
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 Miry(30)days advance written notice to the Obligee,such
notice to be sae by registered mat Such termination shall not affect liability Incurred under lids obligation prior
to the effective date of such termination.
3. PROVIDED,HOWEVER,Sahel 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 glen as soon as reasonably possible by the Obligee to the Surety and the Surety
shall not be obligated to perform Prindpers caption until thirty (30) days after Surety's receipt of such
statement
4. No action,suit or proceeding ehal be had or maintained against the Surety on this bond unless the same be
brought or instituted within ably(80)days after the termination of release of this bond.
5. Under no dreunratsnoes ehal the aggregate liability of the Surety exceed the penal sun above stated.
8. This bond shall be effective from 8/16/2006 to 8/15/7007
IN WITNESS WHEREOF,said Principal and said Surety have caused these presents to be executed and their sale
atlbcd this 16th_day of August 7nI16 .
Waste Management Disposal Services of Colorado,Inc.
(Pain
•
Cherie C.Rice
By 1tAr`�� �(L'L- Vice President&Treasure'
LEXON Insurance Company
(Surely)
Lake k
Donna L. Meals,Attorney-In- act
POWER OF ATTORNEY LX - 016 7 6 0
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.
-JRANCF., LEXON INSURANCE COMPANY
O.•
TEXAS A •1-0
I X: INSURANCE 'C I /�//�y
\. COMPANY .ri'L I BY (/ !/ l
'
• '-•..,,,,,, 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"
a •
LYDII J.DEJ0NG
F j^,MY COOMMMISSIOt1 EXPIRES 1/12/2007 1
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. I ,�I
44-1
Signed and Sealed at Lombard, Illinois this r�0 a
Day of V^JVSf PO 0 b .
' SoRANC COQ
r q %1
0' TEXAS '0%
I X1 INSURANCE 'D I @Mali A
.w.: COMPANY SIC
Donald D.Buchanan
.\ /
''y., Secretary
.. ,,
Performance Bond Numbers 1019028 and 1019029 Page 1 of 1
Donna Bechler
From: Bruce Barker
Sent: Tuesday, August 22, 2006 12:09 PM
To: Donna Bechler; Jennifer Luna; Esther Gesick
Cc: Donald Carroll
Subject: FW: Performance Bond Numbers 1019028 and 1019029
This e-mail modifies the bonds such that they are satisfactory for me.
From: Meals, Donna L. [mailto:Dmeals@wm.com]
Sent: Tuesday, August 22, 2006 9:05 AM
To: Bruce Barker
Cc: Wertz, Chip; Jeffry, Bill (Legal); DeWaard, Dan; Alvarado, Marie
Subject: Performance Bond Numbers 1019028 and 1019029
Mr. Barker,
Please accept this confirmation email, as a replacement of the email I sent yesterday, August 21st, that the
above referenced bonds will be renewed to remain in full force and effect through the completion of each
obligation as follows:
o Bond Number 1019028 - Construction of On-Site Improvements: One-year from the
approval of the final plat, approval is anticipated to be August 23, 2006, and continues one-year
thereafter at 15% of the original bond value for the warranty period.
o Bond Number 1019029 - Construction of Road Improvements: 12 months from the date of
the signed agreement and continues one-year thereafter for the warranty period.
I appreciate your time and assistance to resolve this matter. If you have any questions or would like to discuss
this in greater detail, please feel free to contact me.
(Donna
Donna L.Meals
Director,Financial Assurance
Waste Management,Inc.
Corporate Office-Treasury Dept.
(7/3)512-6282 Direct
(866)239-7964 Fax
(713)249-5054 Cell
8/22/2006
ft MEMORANDUM
W ` �. FROM ChTO: Board nf County s Commissioners
P anner II C SA 8/16/2006
COLORADO
SUBJECT: Acceptance of Collateral for USR-1527 (Waste Management)
On August 16, 2006 the Department of Planning Services received collateral in the form of a
Performance Bond (Bond no. 1019028) in the amount of Nine Hundred Twelve Thousand Six
Hundred Twenty-Three and 26/100 ($912,623.26) for on-site improvements for Use by Special
Review Permit 1527 (Waste Management Disposal Services of Colorado, Inc.).
Collateral covered the following items:
Site Grading estimate $ 38,035.23
Concrete Site Paving estimate $ 600,395.04
Asphalt Parking Paving estimate $ 86,529.49
Curbs, gutters and culverts estimate $ 3,200.00
Sidewalk estimate $ 21,600.00
Detention Ponds estimate $ 17,500.00
Fire hydrants estimate $ 12,200.00
Street lighting estimate $ 49,000.00
Fencing requirements estimate $ 62,431.00
Landscaping estimate $ 13,395.00
Park improvements estimate $ 8,337.50
Total Estimated Cost of Improvements and supervision $ 912,623.26
The improvements agreement and collateral has been reviewed by the Departments of Planning
Services and Public Works and it has been determined that the amount of collateral is sufficient
to cover the proposed improvements. The Departments of Planning Services and Public Works
recommend acceptance of this collateral.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
(0.141 ";;":4;:.:,
MEMORANDUM
TO: Chris Gathman, Planning Services DATE: August 4, 2006
FROM: Donald Carroll, Engineering Administrator
COLORADO SUBJECT: USR-1527, Waste Management
I have received a new Exhibit A breakdown of the estimated quantities, units, and bid prices. In preparing the original
submittal to the proposed reduced proposal, the applicant appears to be phasing the construction.
The original truck parking and employee parking were both at 128. In reviewing the questionnaire the approximate number of
truck parking appears to be 90 spaces. I do not have any conflict in reducing the original amount to construct 99 parking
spaces at this time.
The employee parking reflected in the questionnaire 125 people and only 35 would be full-time. The reduced number is
approximately 90, which matches the number of trucks on site. Usually on the trash pick-up, there is more than one driver
associated with the pick-up process. The applicant is composing to construct 67 spaces and defer 41 spaces. I believe this
number does not reflect the number that is needed.
Verification shall be required on the number of total employees utilizing the site at this time. That number should reflect the
employee parking, which would reflect the paved asphalt item associated with the paved parking.
The Weld County Public Works has no conflict in phase construction as long as collateral is signed off by the legal staff.
Summary: If the concrete site paving and asphalt paving can accommodate the 99 truck spaces and the total amount of
employee parking at this time, the Weld County Public Works Department is agreeable with phasing. Collateral and any
non-transportation items should be signed off by the appropriate department.
USR-1527 Parking Page 1 of 1
Chris Gathman
From: Donald Carroll
Sent: Friday, August 11, 2006 7:36 AM
To: Chris Gathman
Subject: FW: USR-1527 Parking
Looks OK to me.
From: Wertz, Chip [mailto:cbwertz@wm.com]
Sent: Thursday, August 10, 2006 3:37 PM
To: Donald Carroll
Cc: Chris Gathman
Subject: USR-1527 Parking
Don,
I'm sending you a quick note as a follow up to our phone conversation this afternoon regarding parking for the
new operations facility. In summary, when we move into the new facility our parking needs will be 85 spaces for
employee parking and 88 spaces for all trucks including spares. The total facility design provides for 25 visitor
spaces, 127 employee spaces and 128 truck spaces. During the first phase of construction we will meet the
current need by constructing all 25 visitor spaces, 94 of the 127 employee spaces and 99 of the 128 truck
spaces. Please contact me with any further questions.
WM Chip Wertz
Manager of Construction
Waste Management of Colorado
Phone: 303-914-1438
Cell: 303-944-7521
08/16/2006
MEMORANDUM
TO: Clerk to the Board DATE: August 18 2006
FROM: Donald Carroll, Public Works Department
SUBJECT: USR-1527, Waste Management of
Northern Colorado
The Weld County Public Works Department has reevaluated the Exhibit A portion of the on-site improvements
as the applicant is proposing to phase construction. The total amount has been reduced to 28% on the original
estimate.
The reduced items appear to be adequate to complete the first phase of the construction.
The WCR 25 Upgrade and Improvements Agreement (long-term road maintenance and improvements
agreement) has been resubmitted with clerical changes from Waste Management of Northern Colorado to
Waste Management Disposal Services of Colorado, Inc. The security for 100% of the estimated costs of
$241,945.00 remains the same.
The Weld County Public Works Department recommends acceptance of both the on-site and off-site
agreements.
pc: USR-1527 M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1527-D.doc
WASTE MANAGEMENT
iningi
8310 South Valley Highway
Suite 200
Englewood,CO 80112-5806
(303)914-1400
August 18,2006 (303)914-9937 Fax
Bruce Barker,Weld County Attorney
Weld County Colorado
915 10th Street
Greeley, CO 80632
RE: Waste Management of Northern Colorado-USR 1527—
Condition of Approval 1C-Long Term Road Maintenance and Improvements Agreement
Dear Bruce,
Based upon our telephone conversation this morning, enclosed is an additional original of the Long Term Road
Maintenance and Improvements Agreement for construction of improvements on WCR 25 to replace the
misplaced original. Should you have any questions, please contact me at(303) 914-1438.
Sincerely,
Chip Wertz
Manager of struc
Enclosure
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