HomeMy WebLinkAbout20033156.tiff RESOLUTION
393 RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL
REVIEW#1329 - LOVELAND READY MIX CONCRETE, 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 June 20, 2001, the Board approved the application of
Loveland Ready Mix Concrete, Inc., P.O. Box 299, Loveland, Colorado 80539, for a Site Specific
Development Plan and Use by Special Review Permit #1329 for an Open Pit Gravel Mining
Operation and Concrete Batch Plant in the A(Agricultural)Zone District on the following described
real estate, to wit:
Lot A of Recorded Exemption#134; being part of the
NW 1/4 and part of the NE1/4 of Section 30,Township
5 North, Range 67 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, on April 15, 2002, the Board of County Commissioner of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements(Public Road Maintenance)for Use by Special Review#1329,between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Loveland Ready Mix Concrete, Inc., with terms and conditions being as stated in said
agreement, and accepted Performance Bond #880900S, in the amount of$237,448.00, and
WHEREAS, on January 6, 2003, the Board of County Commissioner of Weld County,
Colorado,cancelled and released Performance Bond#880900S,in the amount of$237,448.00,and
accepted Performance Bond#880900S/12-19-02, in the amount of$12,000.00, as replacement
collateral to ensure the quality of the pavement, and
WHEREAS,staff from the Weld County Department of Public Works has conducted a visual
inspection and recommends release of said collateral.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Performance Bond#880900S/12-19-02, in the amount of$12,000.00,
be, and hereby is, canceled and released.
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.
111111111111IIII1111111IIII 111111111111 III11111IIII IIII 2003-3156
3128393 11/20/2003 11:04A Weld County, CO PL1520
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
('P ; / , �1(:_11) ,'& /o3
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CANCEL COLLATERAL - LOVELAND READY MIX CONCRETE, INC. (USR #1329)
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of November, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: I)
I'' '� s �� EXCUSED
rya 11FY% A O� id E. Lon , Ch it
Weld County Clerk to th1Bb: � lisv)
q Robert D. den, Pro-Tem
BY: i'• i3;A' ! �� .
Deputy Clerk to the BoaI�
eile
APP AST M:
William-H. Jerk
ountyA rney
Glenn
Date of signature: /6
111111111111IIII HIE IIII11111 IMF III 11111IIII R 2003-3156
3128393 11/20/2003 11:04A Weld County, CO PL1520
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk d Recorder
1
ierr) MEMORANDUM
TO: Board of County Commissioners
COLORADO DATE: November 12, 2003
FROM: Kim Ogle, Planner III
SUBJECT: Use by Special Review 1329
Loveland Ready Mix, Inc.
Release of Collateral
On November 10, 2003, the Department of Planning Services performed a review of the case
file for completed improvements for the Loveland Ready Mix, Inc., case number USR-1329 at
the request of the Department of Public Works.
Collateral presently held is for the one year guarantee to the paving line item. At the end of one
year and if no distress or repairs are needed to the paving, the fifteen (15) percent collateral
($12,000.) shall be released.
Don Carroll of the Department of Public Works in his memorandum dated November 3, 2003
and Robert Anderson, Department of Planning Services, in his memorandum dated December
30, 2002, find the property to be in compliance with the USR plat as recorded.
The Department of Public Works, in their memorandum dated November 3, 2003 recommends
the release of collateral for the transportation portion of this development.
Given that all transportation and non-transportation items had been installed and completed to
the satisfaction of the Department of Public Works and the Department of Planning Services,
we recommends that Performance Bond 880900S/12-19-02 for Loveland Ready Mix, Inc., in
the amount of twelve thousand dollars and no/100s ($ 12,000.00) be released.
2003-3156
COLORADO. MEMORANDUM
To: Board of County Commissioners December 30, 2002
From: Robert Anderson, AICP ❖ Planner III
Subject: Release of Performance Bond 880900S/01-16-02 (USR-1329, Loveland Ready
Mix/Green-Croissant Pit)and Acceptance of Performance Bond 880900S/12-19-02
(USR-1329, Loveland Ready Mix/Green-Croissant Pit)
On March 5, 2002, the Department of Planning Services received a Performance Bond No.
880900S for Loveland Ready Mix, for Public Improvements on a parcel of land described as Lot
A of Recorded Exemption 134, being a part of the Northwest Quarter and part of the Northeast
Quarter, Section 30, Township 5 North, Range 67 West of the 6'" Prime Meridian, Weld County,
Colorado located south of and adjacent to Weld County Road 54 &west of and adjacent to Weld
County Road 13, Case number USR-1329, in the amount of Two hundred thirty-seven thousand,
four hundred forty-eight and no/100's, ($237,448.00).The Items covered under the Letter of Credit
included Intersection Improvements to Weld County Roads 13 and 54 (LCR 18).
Don Carroll of the Department of Public Works in his memorandum dated October 17, 2002
inspected the required improvements and recommends the release of the collateral referenced
above. In accordance with Weld County Policy, the Department of Public Works is recommending
that 15%of the hot bituminous pavement item in the amount of$12,000.00 be retained for a period
of one year. At the end of the one year period, if the improvements show no sign of distress and
no repairs are needed, the collateral will be released.
On December 30, 2002,the Department of Planning Services performed a site investigation of the
completed improvements for Loveland Ready Mix, Case number USR-1329 at the request of
George Steven Fancher, the applicant, and found it to be find in substantial compliance with the
Conditions of Approval and USR plat as recorded.
The Departments of Public Works(see attached memorandum and Planning Services recommend
the release of Performance Bond 880900S/01-16-02 in the amount of $237,448.0 and the
acceptance of Performance Bond 880900S/12-19-02 in the amount of Twelve Thousand Dollars
and no/100s ($ 12,000.00).
SERVICE,TEAMWORK,INTEGRITY,QUALITY
(it Le* ,. , MEMORANDUM
lID
TO: Kim Ogle, Planner III DATE: 11/3/2003
CFROM: Donald Carroll, Engineering Administrator �t
SUBJECT: USR-1329, Loveland Ready Mix Inc.
COLORADO Final Release of Collateral
I have received a status inquiry for final release of collateral on the USR-1329, Loveland Ready
Mix. In reviewing the case file, it has been approximately one year as of October that we
accepted the USR for partial release of collateral and retained 15% of the paving item in the
amount of$12,000. In my follow-up inspection, I found not distress or repairs needed.
The Weld County Public Works Department recommends releasing the 15%, $12,000, as
collateral. On the on-site Improvement Agreement, the County was holding $39,256. The
additional items appear to be non-transportation oriented and should be verified by Planning
Services prior to release.
Please find the attached status inquiry sheet.
The Weld County Public Works supports the recommendation to release the transportation
portion of the collateral being held for this project.
pc:
pc: Carol Harding, CTB
USR-1329 M:\PLANNING\USR-9.DOC
4a� U >'r1- 13 2-4
InSCEIC0 17780 Fitch, Irvine, CA 92614
LI_H(0)MH (949) 263-3300 FAX (949) 252-1955
SURETY COMPANY SUBDIVISION STATUS INQUIRY
10-17-2003
DATE
THE COUNTY OF WELD THROUGH ITS
915 10TH STREET 880901S
GREELEY CO 80632 BOND NUMBER
DEVELOPERS SURETY AND INDEMNITY COMPANY
COMPANY
SUBDIVIDER LOVELAND READY MIX CONCRETE INC
Tract: 1329
DESCRIPTION Type of Work: PERFORMANCE
OF Improve Private Road As Defined Per Exhibit A
At Subdivision Known As Green/Croissant Sand
WORK And Gravel And Concrete Plant
Work to be Completed: Bond Amount: Effective Date:
$ 39,256.00 $ 39,256.00 1-16-2002
Without prejudicing your rights or affecting our liability under our bond described above,we would appreciate
such of the following information as is now available.
Very TrulyYours,
1 1050 AP 13320 The INSCO/DICO Group
By: Service Department. Home Office
1. IF THE BONDED IMPROVEMENTS HAVE BEEN COMPLETED,PLEASE STATE:
Approximate date of acceptance of work ATTACH copy of minutes,if possible.
2. IF THE BONDED IMPROVEMENTS ARE NOT COMPLETED, PLEASE STATE:
Approximate uncompleted portion of work:$ and or %.
Anticipated date of completion
3. Are you aware of any unpaid bills for labor or material,stop notices,or mechanics liens? (check) YES ❑ NO ❑ If yes,please give details.
4. Remarks/Comments:
Signature Title/Dept.
Date
Print Name Telephone No.
Ort-t . '1.- Nut MEMORANDUM
ITO: Robert Anderson, DATE: Oct. 17, 2002
C Long Range Planner
•
COLORADO FROM: Donald Carroll, Engineering Administrator /
SUBJECT: USR-1329, Loveland Reedy Mix Inc.
Partial Release of Collateral
I have received a letter from Taylor Engineering Services certifying the completion of the off site
road improvements identified in Exhibit "A" of the Off Site Improvements Agreement. I
inspected the site during the overlay portion.
The Weld County Public Works Department recommends that the $237,448 collateral being
held for the off site improvements is released; however, 15% of the hot bituminous pavement
item in the amount of $12,000 will be retained for one year. At the end of the year and if there
is no distress or repairs needed, this collateral will be released.
On the On Site Improvements Agreement, we are still holding $39,256.
pc: Bill Taylor, Taylor Engineering Services
Kim Ogle, Planning Services
Carol Harding, CTB
USR-1329
M:A planning Ausr-1.doc ,nay
V/
)5k� 0 �'r `Jl
EXHIBIT "A"
Name of Development: Green/Croissant Sand and Grave! Mine and Concrete Plant
Filing: Use by Special Review #1329
Location: Southeast corner of WCR13 and WCR54 (LCR18)
WCR 13/WCR 54 Intersection and Road Design
Item No.I Description I Quantity( Unit Cost Extension
1 Mobilization and Bonding 1 LS I $8,951.28 $8,951
2 Clearing and Grubbing 2.3 AC $500.00 $1,150
3 Misc. Utility Relocates 1 LS $2,500.00 $2,500
4 ISawcut Asphalt 3930 _ LF $1.50 I $5,895
5 Excavation 2798 CY I $1.50 $4,197
6 Imported Structural Fill I 1163 CY ( $4.00 I $4,652
7 (Imported Shoulder Fill 3419 CY I $1.00 j $3,419
8 Embankment Placement 7380 CY $1.50 $11,070
'$ Hot Bituminous Aspalt 1770 TON $45.00 $79,650 i5% 1;i ,-..7 4..•v
10 2" Overlay 275 TON 1 $45.00 $12,375
AC $1,000.00 $2,300
11 Site Restoration and Erosion Control 2� I LS 3 I $2,000.00 $2,000
12 II Signage and Striping
13 (Casing Extension 20 ` LF J $75.00 1 $1,500
14 WCR 13 Imported Structural Fill 575 CY $1.00 $575
15 WCR 13 Embankment Placement I 575 CY I $1.50 $863 4
16 WCR 13 Hot Bituminous Aspalt 864 TON $45.00 $38,880 1
17 WCR 13 Signage an stripping 1 LS $500.00 $500
18 Traffic Control 1 I LS $7,500.00 j $7,500
19 Geotechnical Services 1 j LS $3,500.00 $3,500
20 Engineering Design & CD's 1 LS $11,000.00 $11,000
21 Surveying and Staking 1 LS $4,000.00 $4,000
22 15%Contingency 1 LS 1 $32,891.17 $32,891
23 TOTAL 0PC I $237,448
I
(Testing, inspection,as-built plans and work in addition to preliminary and final plat; supervision
of actual construction by contractors)
Page 11-A
on - sire
EXHIBIT"A"
Name of Subdivision
orPlannedUnitDevelopment Green/Croissant Sand and Gravel Mine and Concrete Plant
Use by Special Review#1329
Filing:
Southeast corner of WCR 13 and WCR 54 (LCR 18)
Location: .-
1 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)
Estimated r-
Improvements Unit Cost Construction Cost
g $0.16/SY $ 320.00 T 1
Site din
Street grading $0.71/SY $ 411.00 Iv
*- 1
Street base $6.45 SY for road ($860)/$1.35 SY for pkg. area ($600) $ 1,460.00_ v
$treetpaving $11.45 SY for road ($1527)$1.63 SY for pkg. area ($725) $ 2,252.00 v
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
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
Survey and street monuments and boxes
Street lighting
Street name signs
Fencingreeuirements $12.85/LF $13 750.00
Landscaping Landscape Materials $ 8,100.00
Park improvements Landscape Preparation $ 5,356.00
Road culvert Landscape Installation $ 4 038 no ✓°
Grass lined swale
Telephone
(ias
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs$ $ 3,569.00 ✓
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF (MPROVPMENTS AND SUPERVISION $ $39,256.00 a—
9 itneci
MANITTI. A n,w.mtuYATL
OFF - 5,
1
EXHIBIT "A"
Name of Development: Green/Croissant Sand and Gravel Mine and Concrete Plant
Filing: Use by Special Review#1329
Location: Southeast corner of WCR13 and WCR54 (LCR18)
WCR 13/WCR 54 Intersection and Road Design
Item No. Description 'Quantity Unit Cost Extension
1 Mobilization and Bonding 1 LS $8,951.28 $8,951
2 Clearing and Grubbing 2.3 AC $500.00 $1,150
3 Misc. Utility Relocates 1 LS $2,500.00 $2,500
4 Sawcut Asphalt 3930 LF $1.50 $5,895
5 Excavation 2798 CY $1.50 $4,197
6 Imported Structural Fill 1163 CY $4.00 $4,652
7 Imported Shoulder Fill 3419 CY $1.00 $3,419
8 Embankment Placement 7380 CY $1.50 $11,070
Hot Bituminous Aspalt 1770 TON $45.00 $79,650 I5% f 1.2,c)c,a
10 2" Overlay 275 TON $45.00 $12,375 e'er/7/ 42'7_
11 Site Restoration and Erosion Control 2.3 I AC $1,000.00 $2,300
12 Signage and Striping 1 LS $2,000.00 $2,000
13 Casing Extension 20 l LF $75.00 $1,500
14 WCR 13 Imported Structural Fill 575 CY $1.00 _ $575
15 WCR 13 Embankment Placement 575 CY $1.50 $863
16 WCR 13 Hot Bituminous Aspalt 864 TON $45.00 $38,880
17 WCR 13 Signage an stripping 1 LS $500.00 $500
18 Traffic Control 1 LS $7,500.00 $7,500
19 Geotechnical Services 1 LS $3,500.00 $3,500
20 Engineering Design & CD's 1 LS $11,000.00 _ $11,000
21 Surveying and Staking 1 LS $4,000.00 $4,000
_22 15% Contingency 1 LS $32,891.17 $32,891
23 TOTAL OPC _ $237,448
(Testing, inspection,as-built plans and work in addition to preliminary and final plat; supervision
of actual construction by contractors)
Page 11-A
a
CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
winiFAX: (970) 352-0242
P. O. BOX 758
O GREELEY, COLORADO 80632
COLORADO
November 25, 2003
Loveland Ready Mix Concrete, Inc.
P.O. Box 299
Loveland, CO 80539
RE: Cancellation of Maintenance Bond #880900S
To Whom It May Concern:
Attached hereto please find a copy of the Board of County Commissioner's Resolution approving
the cancellation and release of your Maintenance Bond referenced above. The original Bond
is also enclosed.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
1)1
By: ,X., 1.n `/
Carol A. Harding,
Deputy Clerk to the Board
u u INSCO INSURANCE SERVICES, INC. 4 w4 t r ZP
InSCCthiCO Undonvrfang Manager for: p
l !)p Developers Surety and Indemnity Company 41Gv (SY O4.
Indemnity Company of California vO 4 S,
17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 O v� Gym
woo Gwv
MAINTENANCE BOND �o�Qti� �Q'ta
4 9 "e• woa
BOND NO, 8809o0s
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Loveland Ready Mix Concrete, Inc. , as Principal,
and Developers Surety and Indemnity Company , a corporation organized and doing
business and under and by virtue of the laws of the State of Iowa and duly
licensed to conduct surety business in the State of Colorado
as Surety, are held and firmly bound unto
The County of Weld,through its Board of County Commissioners, 915 10th Street,Greeley, Colorado 80632
as Obligee, in the sum of Twelve thousand and 00/100 ----------
-- --------- --------------------
- ( 12,000.00 ) Dollars,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors,
jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
Maintain the Hot Bituminous Pavement for a Period of One(1)Year
WHEREAS,said agreement provided that Principal shall guarantee replacement and repair of improvements
as described therein for a period of one year(s)following final acceptance of said improvements.
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may
sustain by reason of any defective materials or workmanship which become apparent during the period
of one year(s)from and after acceptance of the said improvements by Obligee, then this obligation
shall be void,otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal
and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact, this
19th day of December , 2002
Year
Loveland Ready Mix Concrete,Inc.
l Principal
Developers Surety and Indemnity Company
BY:kk&AJ9-4^1,
Attorney-in-Fact
ID-1005(Variable Term)(REV.3/01)
•
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725.IRVINE.CA 92623'(949)263-33011
www.InscoDico,com
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute and appoint:
*** Connie K. Boston, Darlene M. ICrings, Donald B. Martin, Russell J. Michels, Chris S. Richmond,jointly or
severally ***
as its true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and
contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper
to he done in connection therewith as the corporation could do,but reserving to the corporation full power of substitution and revocation,and all of the acts of
said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1,2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he, and that each of them hereby is,
authorized to execute Powers of Attorney,qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds,
.undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation he,and each of them hereby is, authorized to
attest the execution of any such Power of Attorney;
RESOLVED, FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and
in the future with respect to any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to he signed by its respective Executive
Vice President and attested by its Secretary this 7th day of November,2001.
By: ,JQF•`y.POR./N0F, .
David H.Rhodes.Executive Vice President e"{VOR ' ':y'
OCT
_W: 10
By: 14,71936 .4
Walter A.Crowell. Secretary :,'ssO '' p�>•'
STATE OF CALIFORNIA
)SS.
COUNTY OF ORANGE )
On November 7, 2001.before me, Antonio Alvarado. personally appeared David H. Rhodes and Walter A. Crowell,personally known to me (or
proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted.executed the
instrument.
WITNESS my hand and official seal
per ANTONIO ALVARADO
•
' COMM.N 1300303
o Notary Public-California
Signature �z( tit
1, ��C(llp. „ - ORANGE COUNTY
PPP��� 2�� )r ` • My Comm.Expires APRIL 102005
CERTIFICATE
The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attorney,is in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California.the 18th day of December , 2002 ,
CaiBy \j
David G.Lane,Chief Operating Officer
ID-1438(DSI)(1 I/01)
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