HomeMy WebLinkAbout20241176.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR ACCESS PERMIT,
AP24-00029 - BHS SOLAR, LLC
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, Hanwha Q Cells EPC USA, LLC, dba BHS Solar, LLC, 300 Spectrum Center
Drive, Suite 1250, Irvine, California 92618, is the owner of the following described property in the
County of Weld, Colorado, being more particularly described as follows:
Portions of Sections 14, 23, 26, 27, and 35,
Township 8 North, and portions of Section 2,
Township 7 North, all located in Range 67 West of
the 6th P.M., Town of Severance, Weld County,
Colorado
WHEREAS, the Board has been presented with an Improvements and Road Maintenance
Agreement According to Policy Regarding Collateral for Improvements between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and BHS Solar, LLC, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #9448469, issued
through Zurich American Insurance Company, 4 Embarcadero Center, Suite 3740,
San Francisco, California 94111, in the amount of $3,544,489.44, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond #9448469, as stated above, copies of which are attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy
Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and BHS Solar, LLC, be, and
hereby is, approved.
BE IT FURTHER RESOLVED that Performance Bond #9448469, issued through Zurich
American Insurance Company, 4 Embarcadero Center, Suite 3740, San Francisco,
California 94111, in the amount of $3,544,489.44, be, and hereby is, accepted.
4961009 Pages: 1 of 29
05/17/2024 11:50 AM R Fee:$0.00 CC:171..(oa/STK/KR/ si)
Carly Koppes, Clerk and Recorder, Weld County , CO 0�/Q6 /��
WA III III
2024-1176
PL2520
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT AND ACCEPT COLLATERAL
(AP24-00029) - BHS SOLAR, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU OLORAD6�
ATTEST:
-dt/%A) ��l,C�o:c,C Kevin Ross, Chair
Weld County Clerk to the Board
BY: 6 )(int Oa) (.016i
Deputy Clerk to the Board
AP"' ED AS
County orney
Date of signature:5IILei7
�
4961009 Pages: 2 of 29
05/17/2024 11:50 AM R Fee:$0.00
Cari
y Koppes, Clerk and Recorder, Weld County CO
.r�, 14ti��h�J4+� Fjai �k'111 , � �h 11111
Perry L. BuCl Pro-Tem
Mik Freeman
on Saine
2024-1176
PL2520
ib p./
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
BHS Solar, LLC -AP24-00029
DEPARTMENT: Planning Services DATE: April 16, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, BHS Solar, LLC, requesting that the Board of
County Commissioners consider approving the Improvements and Road Maintenance Agreement for (AP24-00029).
Collateral in the amount of $3,544,489.44 is required and has been provided in the form of Performance Bond No. 9448469
issued by Zurich American Insurance Company, 4 Embarcadero Center, Suite 3740, San Francisco, California 94111.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed
original document and observed the following:
• All Public Works related items, of the "improvements & Road Maintenance Agreement According To Policy
Regarding Collateral For Improvements", are found to be acceptable.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the
Regular Agenda.
Consequences:
• New development can pay their way for their impacts on the County Roadways, or the County will be required
to cover the costs of the new development's impacts on the roadways.
Impacts:
• New development with high ,traffic volumes impacts the County Road systems and causes wear and tear
more quickly than normal traffic volumes.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• New development will pay their proportional share of repairs and upgrades completed by the County and
the County will not be required to have a share in any improvements required if new development meet any
future traffic triggers.
Recommendation:
Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending
approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements
for AP24-00029, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
pic5P4
Vta email
2024-1176
516 pL22-b
Karla Ford
From:
Sent:
To:
Subject:
Yes approve
Kevin Ross
Tuesday, April 16, 2024 1O:25 PM
Karla Ford
RE: Please Reply - BOCC PA REVIEW - AP24-OOO29 - BHS Solar
From: Karla Ford <kford@weld.gov>
Sent: Tuesday, April 16, 2O24 2:1O PM
To: Kevin Ross <kross@weld.gov>
Subject: Please Reply - BOCC PA REVIEW - AP24-OOO29 — BHS Solar
importance: High
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(weldgpv.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jazmyn Trujillo Martinez <itrujillomartinez@weld.gov>
Sent: Tuesday, April 16, 2O24 1:18 PM
To: Cheryl Hoffman <choffrnan@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Elizabeth Relford
<erelford@weld.gov>; Esther Gesick <egesick@weld.gov>; Jessica Reid <jreid@weld.gov>; Karla Ford
<kford@weld.gov>; Nick Marquez <nmarc uez@weldov>; Ryan Sinatra <rsinatra@weld.gov>
Subject: BOCC PA REVIEW - AP24-OOO29 - BHS Solar
ATTACHED BOCC PA REVIEW
Improvements Agreement: Improvements and Road Maintenance Agreement
Case/Applicant: AP24-OOO29 — BHS Solar, LLC
Please note: Regular Agenda
Thank you, Karla!
1
BOND NO. 9448469
EXECUTED FOUR
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that Hanwa Q CELLS EPC USA
LLC(name), 300 Spectrum Center Drive, Suite 1250, Irvine, CA 92618
(address) , a limited liability company, organized under the laws of
the State of Delaware, with its principal office located at 300
Spectrum Center Drive, Suite 1250, Irvine, CA 92618 (address),
hereinafter called "Principal", and ZURICH AMERICAN INSURANCE
COMPANY(name of surety, of 4 Embarcadero Center, Suite 3740, San
Francisco, CA 94111(address of surety), hereinafter called "Surety" are
held and firmly bound unto Board of County Commissioners of Weld
County, Colorado, on behalf of Weld County, Colorado, hereinafter
called "Obligee" in the full and penal sum of THREE MILLION FIVE
HUNDRED FORTY FOUR THOUSAND FOUR HUNDRED EIGHTY NINE & 44/100 Dollars
($3,544,489.44), lawful money of the United States for the payment of
which well and truly made, we bind ourselves, our heirs,
administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the above -bound Principal has obtained or is about to
obtain from the Obligee a land use permit, namely Permit #AP24-00029
and #OFFSIA24-0003 for Black Hollow Sun Solar Project, and pursuant to
the requirements said pezmi , has entered into an Improvements
Agreement, dated , with Obligee, and
WHEREAS, The Iml'Srovements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals THREE MILLION FIVE HUNDRED FORTY FOUR THOUSAND FOUR
HUNDRED EIGHTY NINE & 44/100 DOLLARS,($3,544,489.44), and
WHEREAS, at completion of the Project Collateral phase of the
Agreement, the amount of this Bond shall be reduced, by rider, to 15%
of the original amount throughout the Warranty Collateral phase of the
Bond, and shall be held in total by the County for two (2) years
following its written acceptance of the improvement(s).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
of its undertakings, covenants, terms, and conditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall fully indemnify and
save harmless Obligee from all costs and damages which it may suffer by
reason of Principal's failure to perform as agreed, and shall reimburse
and repay Obligee all outlay and expense which Obligee may incur in
making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its
obligations set forth in the Improvements Agreement, and thereafter
fail to fully indemnify and save harmless Obligee from all costs and
damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, regardless of the number of years this Bond is in force, or
the number of continuation certificates issued, the liability of the Surety
shall not be cumulative in amounts from period to period and shall in no event
exceed the amount set forth above, or as amended by rider;
YKUVIL.0 ruxTnER, that Surety, for value received hereby eLipniaLea and
agrees that no change, extension of time, alteration or addition to the
terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly, and faithfully
perform its duties, and all of the undertakings, covenants, terms, and
conditions set forth in the Improvements Agreement, and any extensions
thereof which may be granted by Obligee with or without notice to
Surety.
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserves the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best
falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4)
counterparts, each one of which shall be deemed an original, this 5th
day of April, 2024.
Hanwa Q CELLS EPC USA LLC
Principal
By:
Princip 8'Bcretary/Witness
In MAX Cpmf
2111.5" pdf,UATiaq MANWL.
(SEAL)
Witness me to Surety
AON RISK SERVICES, INC. OF
HAWAII
Address
201 Merchant Street,Suite 2400
Honolulu, HI 96813
Title Hug UL ,TPERssxtik
H�uwHA ectus ePa usp ,c.
ZURICH AMERICAN I S CE COMPANY
(INSURANCE CO AME)
By:
Michael Gross , Attorney -in -Fact
4 Embarcadero Center, Suite 3740
Address
San Francisco, CA 94111
Address Address
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (heroin collectively called the "Companies.), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof; do hereby nominate, constitute,
and Chad W. KARASAKI, Clarence REGALADO, Michael OROSSI, Arlene A. TANAKA, Jeffrey IL CASE, Matthew LIEW, Wing S. HO
of Honolulu, Hawaii, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety,
and as its act and deed: any and sU bonds and undertakings, and the execution of such bonds or undertakings in pursuance ofthese
presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York, the regularly elected often of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Msrylsnd., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of October A.D. 2022.
��"� rw,wu„
SEAL')
'4.0 ° .ti,,,tos. ATTEST:
ZURICHAMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
rty� blaitr 4 4. —
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 27th day of ...caber, A.D. 2022, before the subscriber, a Notary Public of. State of Marylend, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Drown, Secretory of the Companies, tome personally !mown to be the individuals and officers described in and who
extolled the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saint, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument we the Corporate Seals of said Companies, and that the said Capon. Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attornevs-iaFact The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like festrumonts on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; end may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the uudersiguad, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL A RICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify the the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY a! a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHER,EOF,1 have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 5th day of April , 2024
s�EAL�l1
4+►,cw
719 e�9�G L
By: Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
Ph: 800-626-4577
If your jurisdiction allows for electronic reporting of surety claims, please submit to:
reports (VW tlts@xurich nc.conl
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
Cheryl Hoffman
From:
Sent:
To:
Subject:
Attachments:
Jazmyn Trujillo Martinez
Tuesday, April 16, 2024 1:18 PM
Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jessica Reid; Karla Ford; Nick Marquez; Ryan Sinatra
BOCC PA REVIEW - AP24-00029 — BHS Solar
Signed PA & IA CR 84 BHS Solar.pdf
ATTACHED BOCC PA REVIEW
Improvements Agreement: Improvements and Road Maintenance Agreement
Case/Applicant: AP24-00029 — BHS Solar, LLC
Please note: Regular Agenda
Thank you, Karla!
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17th Avenue
P.O. Box 758
Greeley, CO 80631
(970) 400-3711
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
WELD COUNTY ACCESS PERMIT
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
P.O. Box 758
Greeley, CO 80632
Permit Number: AP24-00029
Phone (970) 400-6100
Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado.
Project Name:
Permit Expiration Date:
Planning/Building Process
Parcel(s): 070502100001
070502100002
Proposed Use: Small Commerical
Access is on WCR: 23
Nearest Intersection WCR: 23 - 84
Distance from Intersection: 0
Number of Existing 1
Accesses:
Access Width: 40ft.
Access Turning Radii: 65ft.
Latitude: 40.59600
Longitude: -104.85070
Applicant Information:
Name: BHS Solar LLC (Easement Owner)
Company: Hanwha Q Cells EPC USA LLC
Phone: 830-480-9723
Email: johnny.hemphill@gcells.com
Owner Information:
Name:
Company: Terry Ramsey & Jennifer Berg- Ramsey
Phone:
Email:
Road Surface Type and Construction Information:
Road Surface: Gravel
Culvert Size and Type: 15" CMP/RCP or equivalent
Material to Construct Access: Existing
Start Date: Finish Date:
A Copy of this permit must be on site at all times during construction hours
Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved)
Approved MUTCD traffic control / Warning devices are required before work begins and must remain until completion of work
** Crushed or recycled concrete SHALL NOT be used for tracking material in the County ROW
All access points shall comply with Chapter 8, Article XIV and Appendix 8-Q found at:
https://librarv.municode.com/co/weld county/codes/charter and county code?nodeld=CHBPUWO ARTXIVROACPO
https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH8PUWO APX8-QWECOENCOCR
Unless otherwise authorized.
Special Requirements or Comments
Utilize existing shared access point on CR. 23 (1-COMM) located approx. Oft. north of CR. 84.
Access is located along non -maintained ROW.
Approved By: Digitally signed by
Sfvrl aM FLorey Stephanie:01
Flres
Date: 2024.04.30
12:17:00 -06'00'
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
BHS Solar,
,LfLL C— AP24-00029
THIS AGREEMENT is made this /',5 day of , 2024, by and between BHS Solar,
LLC, a limited liability company organized under the laws of th State of Delaware, whose address is
300 Spectrum Center Drive, Suite 1250, Irvine, California 92618, hereinafter referred to as
"Developer," authorized to do business in the State of Colorado, and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County Commissioners,
whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Developer is developing a utility -scale solar and energy storage project ("BHS Solar
Project") in the following described property in the Town of Severance in the County of Weld, Colorado:
Portions of Sections 14, 23, 26, 27 & 35, Township 8
North, and portions of Section 2, Township 7 North, all
located in Range 67 West of the 6th P.M., Town of
Severance, Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Developer has received the Town of Severance's approval of a site plan review for
the BHS Solar Project that includes photovoltaic solar panels, inverters, electric collector lines, a project
substation, an operations and maintenance building, access roads, fencing, a battery energy storage system,
and other appurtenant equipment, and
WHEREAS, the Town of Severance has required that Developer enter into a road maintenance
agreement with the County for the use of the haul and travel routes identified in Paragraph C.1., below, and
WHEREAS, Developer acknowledges that the final approval of AP24-00029 is conditional upon
Developer's funding and construction of the off -site improvements and road maintenance described in this
Agreement and depicted in the following incorporated exhibits:
Exhibit A-1 — Off -Site Costs of Construction, pursuant to Part I, B., below,
Exhibit B-1 - Off -Site Construction Schedule, pursuant to Part I, B., below,
Exhibit A-2 — Future Improvements Costs of Construction, to be attached if/when triggered pursuant to
Part I, B.3.0, below,
Exhibit B-2 — Future Improvements Construction Schedule, to be attached if/when triggered, pursuant to
Part I, B.4.0, below,
Exhibit C — Construction Plans, pursuant to Part I, A.3.0, below,
Exhibit D — Haul /Travel Route Map, pursuant to Part I, B., below,
Exhibit E — Gravel/ RAP Roads Maintenance and Reclamation Plan, and
WHEREAS, Developer acknowledges they may not operate as described in AP24-00029 until said
improvements have been completed and accepted by County, and
WHEREAS, the BHS Solar Project will generate additional vehicles and heavy traffic directly
associated with AP24-00029, for an extended period of time; and
WHEREAS, the County and Developer are desirous of agreeing to terms involving regulation
of haul routes, traffic control, and road wear arising from such additional traffic; and
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 1 of 13
WHEREAS, the parties agree that Developer shall provide collateral for off -site improvements as
required by this Agreement when the Board of County Commissioners approves this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant, and agree as follows:
PART I: SITE SPECIFIC PROVISIONS
A. Off -Site Improvements (as required by the BOCC): Developer shall be responsible for the
construction of certain off -site safety improvements, as applicable, which may include, but are not limited
to: construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend
into County road Rights -of -Way (ROW) connecting to the County road system, and off -site drainage and
signage installations, as indicated on the accepted Exhibit C, if required. On -Site improvements that create
more run-off than the historical amount may require off -site drainage improvements to roads and ROW.
Any approved access point(s) improvements will include standard County approved tracking control and
may include a double cattle guard set (one right after the other), placed back-to-back across the entire width
of the access, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and
debris onto the adjacent County Road.
Additional Off -Site Improvements to be constructed by Developer prior to the operation of AP24-00029
include:
1) Place 4"-6" of Weld County spec surface gravel on Weld County
Road 84 from Weld County Road 23 to Weld County Road 25.
1.0 Road Improvements Responsibilities. Developer is solely responsible for the required off -site
designated improvements. These responsibilities may include but are not limited to the following: design,
surveys, utility locates, acquisition of ROW, dedication of ROW, ROW and Access Permits and fees,
coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic
control, and project safety during construction. Developer shall obey all applicable regulations issued by
OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies.
2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) identified as
Exhibit A-1 shall be submitted. Developer shall detail the costs used in determining the collateral
requirement for the off -site improvements related to the development. A registered Colorado Engineer must
sign and stamp the construction cost Exhibit A-1. If more than three (3) years have passed since the last
construction cost estimate was provided, Developer shall provide an updated construction cost estimate
prior to the start of construction.
3.0 Construction Schedule Exhibit. Exhibit B-1 shall be provided by Developer, and indicating the
construction schedule for off -site improvements, including an anticipated completion date. Developer shall
not commence construction of any improvements or receive any permitting prior to approval of this
Agreement. Exhibit C shall be provided by Developer and indicating the receipt of the appropriate Grading
Permit, Access Permit, and/or ROW Permit, if applicable. Developer shall substantially complete all
improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event
that the construction schedule is not current, Developer shall submit a revised construction schedule.
4.0 Off -site Improvements Collateral. As required, collateral is accepted and released by the Board of
County Commissioners pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 2of13
5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once Developer has completed improvements as described in Part II.B, Subsection
3.2.3, of this Agreement. Developer shall also provide an electronic copy of the as -built drawings. The as -
built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor
or Professional Engineer registered in the State of Colorado.
B. Future Off -Site Improvements:
1.0 Traffic Triggers. When the traffic associated with the BHS Solar Project reaches certain safety
thresholds as set forth in this agreement, Developer shall design, and construct required road improvements
based on the amount of traffic being generated by the site. Developer's development does not currently
meet the traffic safety triggers requiring the improvements specified below; however, off -site, or phased
improvements may be warranted in the future.
1.1 Property Owner shall be required to design, obtain right-of-way, relocate utilities, and
construct said auxiliary lanes into their site if/when all traffic to/from the Property meets the
following traffic triggers:
Design and construct a paved roadway along CR 84 from CR 23 to CR 25 or
participate in proportional share of county determined paving whenever traffic
exceeds gravel capacity or becomes a safety hazard to traveling public.
Developer shall design and construct a right deceleration/turn lane on CR 84
whenever traffic exceeds 25 VPH turning right into the CR 23 Right -of -Way used
to access the Property for an average daily peak hour.
Developer shall design and construct a left acceleration lane on CR 84 when the
project traffic turning left onto CR 84 exceeds 50 VPH for an average daily peak
hour; or the County, in its sole discretion, determines that a left acceleration lane
is required in order to protect the life, health, and safety of the traveling public.
2.0 Developer's Responsibilities regarding Future Triggers. Developer is solely responsible for the cost
and construction of required improvements. These responsibilities may include but are not limited to the
following, as applicable: design, surveys, utility locates, acquisition of ROW, dedication of ROW, ROW
and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation
Fa facilities and utilities, traffic control, and project safety during construction. Developer shall obey all
applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County regulatory
mil agencies.
3 3.0 Cost of Construction Exhibit. When any trigger is met, Developer shall submit Exhibit A-2 within
s six (6) months of being notified regarding the need for the triggered improvements, indicating the cost of
construction estimates (engineer's estimate) to detail the costs used in determining the collateral
2 requirement for the development. Construction costs must be obtained through a registered Colorado
o►m3 . Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that
a have project collateral. New or additional collateral may be required for the triggered improvements. If
Po -4 required, collateral shall be submitted at the same time as Exhibit A-2. Exhibit A-2 shall be attached to
in re 2 this Agreement and incorporated herein once approved by the County.
!kr;
5 4.0 Construction Schedule Exhibit. When any trigger is met, Developer shall submit Exhibit B-2
within six (6) months of being notified regarding the need for the triggered improvements, indicating the
v z construction schedule, and including completion date for the improvements. Developer shall not commence
( construction of improvements prior to approval of the Construction Plans and receipt of the appropriate
ca
�NY`ti
r+� r BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 3of13
�mU�
Grading Permit, Access Permit, and/or ROW Permit. Developer shall complete all improvements in
accordance with the construction schedule exhibit. The construction of the triggered improvements shall be
completed within the specified timeframe, which may not exceed three (3) years from the date the trigger
is first met and shall be completed as follows: Year 1 design deadline; Year 2 ROW/Utilities; Year 3
Construction. Developer shall collateralize 100% of the cost of the construction improvements, including
design, right-of-way, and utility relocation cost within six months of being notified of meeting the triggers.
Exhibit B-2 shall be attached to this Agreement and incorporated herein once approved by the County.
5.0 Collateral. Collateral for any additional improvements required by the triggers may be required by
the Board of County Commissioners, hereinafter referred to as the BOCC. Collateral is accepted and
released by the BOCC pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
6.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once Developer has completed improvements as described in Part II.B, Subsection
3.2.3, of this Agreement. Developer shall also provide an electronic copy of the as -built drawings. The as -
built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor
or Professional Engineer registered in the State of Colorado.
C. Haul/Travel Routes: Developer shall be financially responsible for its proportional share of the
associated costs for maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property as shown on
Exhibit D:
1) Haul Route A — (a) north and south on Weld County Road 13 between Weld County Road 90
and Larimer County Road 52 and (b) east and west on Weld County Road 90 between Weld County
Road 13 and approved site access on Weld County Road 90.
2) Employee Travel Route B — (a) east and west on Weld County Road 90 between approved site
access on Weld County Road 90 and Weld County Road 29 and (b) north and south on Weld
County Road 29 between Weld County Road 90 and State Highway 14.
3) Haul Route C — (a) north and south on Weld County Road 25 between State Highway 14 and
Weld County Road 84, (b) east and west on Weld County Road 84 between Weld County Road 23
and Weld County Road 25 and (c) north and south on Weld County Road 23, north of Weld County
Road 84 to the approved site access on Weld County Road 23'.
4) Haul Route D — north and south on Weld County Road 15 between State Highway 14 and Weld
County Road 90.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 90 and CR 84 2 and travel
east -west to the nearest paved road for further dispersal. Any County roads used by AP24-00029 traffic
may become part of the established haul/travel routes.
This stretch of Weld County Road 23, north of Weld County Road 84 to the
site access, is not maintained by Weld County.
2 Although site access is off Weld County Road 23, but because Weld County
does not maintain Weld County Road 23 north of Weld County Road 84, this
Agreement references Weld County Road 84 as one of the approved site access
points.
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 4 of 13
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle
and axle configurations unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -
mentioned haul/travel route for a limited period (six months or less), the Weld County Department of
Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will
utilize paved County roads whenever possible. A deviation from the established haul/travel route lasting
more than six (6) months, or requests for one (1) or more deviations within a twelve (12) -month period
shall authorize the County to change the haul/travel routes designated herein and provide notice to
Developer.
5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual
of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen
by drivers leaving the BHS Solar Project and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the BOCC pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
D. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required:
2.0 Dust Control. Developer shall be financially responsible for its proportional share of dust control,
based on Developer's actual usage and vehicle count, on unpaved designated haul/travel routes after
commencement of operation. The amount and extent of dust control will be determined by site -specific
conditions at the time, as determined exclusively by County personnel. Dust abatement along the relevant
unpaved haul/travel routes is expected to occur approximately two to five times per year. Dust abatement
is required for roads with more than 200 vehicles per day, per section 8-6-100 of the Weld County Code.
2.1 Dust Control During Construction. If necessary if Developer's traffic causes the vehicles
per day count on a given Weld County Road to exceed 200 vehicles per day, as reasonably
determined by the County, Developer shall cause to be performed within 30 days of notification,
at its sole expense, dust control by a contractor approved by Weld County Public Works during the
construction period of the development.
1) Application of topical magnesium chloride on unpaved portion of Weld County Road
84 (between Weld County Road 25 and Weld County Road 23) up to 5-7 times
annually or if additional applications above this amount are needed in accordance with
the amount of traffic generated.
3.0 Repair. Developer shall be financially responsible for its proportional share of excavation, patching,
and pavement repair based on Developer's usage on designated haul/travel routes. The amount and extent
of repair and paving measures will be determined by site -specific conditions at the time, as determined
exclusively, but reasonably, by County personnel.
4.0 Pre -Construction Survey. Developer and County shall jointly inspect the Approved Haul Route
Roads pursuant to Section 3.1 of Exhibit E.
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 5of13
5.0 Postconstruction. Upon completion of the construction of the BHS Solar Project, Developer shall
return the Approved Haul Route Roads to pre -construction conditions pursuant to Exhibit E.
6.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by BHS Solar
Project traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Developer of such Significant Damage.
Developer shall identify the repair required and shall consult with County on the extent, type, timing,
materials, and quality of repair (i.e., temporary versus permanent) within, to the extent reasonably feasible,
twenty-four (24) hours after receipt of such notice and shall use commercially reasonable efforts to
commence such repair within forty-eight (48) hours after receipt of such notice. If Developer identifies
Significant Damage prior to receiving notice thereof from County, Developer may commence repair of
such Significant Damage and shall concurrently notify County of the extent, type, timing, materials, and
quality of repair (i.e., temporary versus permanent).
7.0 Repair of Road: On or before December 31, of the calendar year in which County staff has
reasonably determined through site analysis and/or pavement testing that a particular haul/travel route road
portion will require improvements in order to protect the public health, safety, and welfare, and the County
has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site
Improvement/Repair Costs, County shall notify Developer in writing that the Off -Site
Improvements/Repairs shall be undertaken. County may undertake the repairs and/or improvements.
Developer's payment for its Proportionate Share of the road repairs/improvements will be calculated as
determined in this Agreement. Developer will be invoiced accordingly for those proportional share costs.
8.0 Calculation of Developer's Proportional Share of Costs. The County shall notify Developer's
preliminary determination and assessment of Developer's proportional share of costs of maintenance,
repair, or improvements to Developer's designated haul/travel routes. Prior to County's final determination
and assessment, County shall provide Developer with a reasonable opportunity to review, comment upon
and supplement County's data, collection methodology, and determinations. The County shall review and
consider Developer's input prior to making a fmal determination and assessment. The County shall have
sole responsibility for determination of Developer's proportional share of costs. Developer agrees to pay
such proportional share of costs within 30 days of receiving an invoice from County.
9.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Developer and all other property owners and users who are required by County to participate in road
improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of the
annual inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that construction
season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data
becomes available.
10.0 Notification. The County shall notify Property Owner of County's preliminary determination and
assessment of Developer's proportionate share of costs of maintenance, repair, or improvements to
Developer's designated haul/travel routes. Prior to County's final determination and assessment, County
shall provide Developer with a reasonable opportunity to review, comment upon and supplement County's
data, collection methodology, and determinations. The County shall review and consider Developer's input
prior to making a final determination and assessment.
PART II: GENERAL PROVISIONS
A. Engineering and Construction Requirements:
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 6of13
1.0 Engineering Services. Developer shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the off -site improvements and all on -site
drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as
identified on the accepted Construction Plans and according to the construction schedule set forth in the
construction schedule exhibits. 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. 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.
2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements
herein agreed upon for public ROW or easements, Developer shall acquire, at its sole expense, good and
sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent
domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be
accepted by the County shall be conveyed to the County on County -approved forms and the documents of
conveyance shall be furnished to the County for acceptance with express written authority of the BOCC
and recording.
3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and
any drainage -related structures required by any MS4 permit, if applicable) identified on the accepted
Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the
improvements being completed also in accordance with the schedule set forth in the construction schedule
exhibits. The BOCC, at its option, may grant an extension of the time of completion set forth in construction
schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict
conformance to the plans and drawings accepted by the County and the specifications adopted by the
County.
4.0 Testing. If the County requires testing of materials or construction, Property Owner shall employ,
at its own expense, a qualified testing company previously approved by the County to perform all testing
of materials or construction; and shall furnish copies of test results to the County. If County discovers
inconsistencies in the testing results, Property Owner shall employ at its expense a third -party qualified
testing company approved by County. Such third party shall furnish the certified results of all such testing
to the County. At all times during said construction, the County shall have the right to test and inspect
material and work, or to require testing and inspection of material and work at Property Owner's expense.
Any material or work not conforming to the approved plans and specifications, including but not limited to
damages to property adjacent to the construction plan area shall be repaired, removed, or replaced to the
satisfaction of the County at the expense of Property Owner.
5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the
current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld
County Engineering and Construction Criteria.
6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of
issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County
review. During construction, appropriate safety signage shall be posted in accordance with the then -current
version of the Manual of Uniform Traffic Control Devices.
B. Collateral:
1.0 General Requirements for Collateral. Developer shall provide to County the necessary collateral to
guarantee all of Developer's obligations under this Agreement: (1) Project Collateral is required for
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 7 of 13
completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral is required
for all off -site improvements during the two-year warranty period. Collateral acceptance and release are
governed by the Weld County Code.
1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements
identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the
value of the improvements, as calculated in the cost of construction exhibits. Project Collateral
must be submitted at the time of execution of the Agreement, unless otherwise directed by the
Board of County Commissioners. In the event that Developer fails to adequately complete the
required improvements, County may, in its sole discretion, access Project Collateral for the purpose
of completing such improvements. It maybe necessary to provide additional collateral in the event
the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL
PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY.
1.2 Warranty Collateral shall be submitted pursuant to section 3.1 below and held by the
County until release after the two-year warranty period following the County's initial approval of
the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral.
In the event that Developer fails to adequately complete or repair improvements during the
warranty period, County may, in its sole discretion, access Warranty Collateral for the purpose of
completing such improvements.
2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash
deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that
section maybe amended from time to time.
3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code. For collateral release, County personnel conducts inspections for on -site and off -site
improvements.
3.1 Timing of Release. Project Collateral may be released upon completion of all
improvements required by the Exhibits after initial approval by the County. Warranty Collateral
shall be withheld by County at the time of release of Project Collateral or may be submitted
separately by Property Owner. Warranty Collateral may be released upon the approval of the
County at the end of the two-year warranty period.
3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the
entire project or for a portion of the project, Developer must present a Statement of Substantial
Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial
Compliance shall state that the project or a portion of the project has been completed in substantial
compliance with accepted plans and specifications documenting the following:
3.2.1 Developer's Engineer or its representative has made regular on -site inspections
during the course of construction and the construction plans utilized are the same
as those accepted by Weld County.
3.2.2 For the improvements to public rights -of -way or easements, test results must be
submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing and
inspections found in CDOT Materials Manual.
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 8 of 13
3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as Developer has completed improvements
as shown on the Exhibit C and shall be stamped and approved by an Engineer
registered in the State of Colorado, if an Engineer was initially required for the
project. Developer's 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 written acceptance from a Development
Review Engineer.
3.3 County's Response to Request for Release of Collateral. Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement. Upon approval, the Board of County Commissioners may release said collateral.
C. Acceptance of Improvements:
1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Developer
shall contact the Weld County Development Review Team and request an inspection of such improvements.
Upon request, County personnel will initiate the inspection, approval, and acceptance process.
2.0 Inspection, Approval, and Acceptance Process:
2.1 Upon completion of construction of all off -site improvements as described in the
Construction Plans, Developer shall submit to the Weld County Department of Planning Services
a Statement of Substantial Compliance by Developer's Engineer along with "as -built" drawings as
required in subsection B.3.2.3, above, and shall request County inspection of the Off -Site
Improvements. County personnel shall then inspect the improvements. If the County determines
the improvements were not constructed in accordance with the Construction Plans, the County shall
direct Developer to correct the deficiencies. If the County determines the improvements were
constructed in accordance with the Construction Plans, the County shall initially approve the Off -
Site Improvements.
2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County personnel shall, upon request by the
Property Owner, inspect the subject improvements, and notify the Property Owner of any
deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies.
County personnel shall re -inspect the improvements after notification from the Property Owner that
said deficiencies have been corrected. If the County personnel finds that the improvements are
constructed according to County standards, he or she shall approve the improvements. Such final
approval shall authorize the Property Owner to request the Board of County Commissioners to
release the Warranty Collateral.
2.3 Placement of Improvements into Service Prior to County Approval. If requested by the
Developer and agreed by the County, portions of the improvements may be placed in service when
completed according to the schedule shown on the construction schedule exhibit, but such use and
operation shall not alone constitute an approval or acceptance of said portions of the improvements.
County may, at its option, issue building permits for construction for which the improvements
detailed herein have been started but not completed according to the schedule shown on the
construction schedule exhibit and may continue to issue building permits so long as the progress of
work on the improvements is satisfactory to the County, and all terms of this Agreement have been
faithfully kept by Developer.
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 9of13
D. Permits: Developer is required to apply for and receive all permits required by the County or any
other applicable local, State, or federal permit, including but not limited to:
1.0 Access Permits. Developer shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Planning Services. Planning Services may condition the
issuance of an updated access permit on the amendment of this Agreement if the updated access permit
authorizes the use of an additional access point, or if there is a change in use of the current access point, as
permitted by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work
shall occur without said ROW permit.
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport
Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and
movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
E. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's reasonable opinion, Developer has violated any
of the terms of this Agreement, County shall notify Developer of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation. Developer shall have fifteen (15) days within which to either cure the violation or demonstrate
compliance, or if the violation is of a nature that cannot be reasonably cured within fifteen (15) days,
Developer shall commence the cure within such fifteen (15) day period and thereafter proceed diligently to
complete the cure. If Developer does not satisfy the foregoing requirement, County may consider
Developer to be in breach of this Agreement.
2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner
has, beyond the applicable notice and cure periods, violated the terms of this Agreement, and has failed to
correct said violation, County may exercise any or all of the following remedies, or any other remedy
available in law or equity.
2.1 Access and Use of Collateral. County may access and use collateral to address the issues
specific to the violation. For example, the County may access and use Project Collateral in order to
complete improvements as required by the Construction Plans, when such improvements have not
been completed in accordance with the Construction Schedule.
2.2. Withholding Permits. County may preclude the continued issuance of any permit issued by
any department of the County.
2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the land me permit issued by
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 10 of 13
the Town of Severance. A partial cessation of activities shall not constitute a termination of this
Agreement, nor shall County's issuance of a partial release constitute a termination. Unless
informed in writing by Developer of cessation of activities, and verified by the County, cessation
shall be presumed if the County determines that the land use permit has been inactive for three (3)
years.
3.2 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new developer who has assumed the
development and operation of the business permitted by the land use permit and intends to make
use of the rights and privileges available to it through the then existing land use permit.
4.0 Court action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court.
F. General Provisions:
1.0 Successors and Assigns.
1.1 Developer may not delegate, transfer, or assign this Agreement in whole or in part, without
the prior express written consent of County and the written agreement of the party to whom the
obligations under this Agreement are assigned. Consent to a delegation or an assignment will not
be unreasonably withheld, delayed, or conditioned by County. In such case, Developer's release of
its obligations shall be accomplished by County's execution of a new Improvements Agreement
with the successor owner of the property. Notwithstanding the foregoing, Developer shall have the
right, without County's consent but with prior notice to County, to collaterally assign all or a portion
of Developer's interest in this Agreement to a lender or investor of the BHS Solar Project
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4.0 Amendment or Modification. Any amendments or modifications to this agreement shall be in
writing and signed by both parties.
5.0 No Third -Party Beneficiary. It is expressly understood and agreed that the 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 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 an incidental beneficiary only.
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 11 of 13
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its
designee.
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Developer concerning
this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or
legal costs incurred by or on its own behalf.
9.0 Release of Liability. Developer 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 the design and construction of improvements, and pay
any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding section 8.0 above, 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.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms. If requested by the County, Developer
shall provide the County with proof of Developer's authority to enter into this Agreement within five (5)
days of receiving such request.
12.0 Acknowledgment. County and Developer acknowledge that each has read this Agreement,
understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between
the parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in this Agreement the Weld County Code in effect at the time of the agreement,
the terms of the Weld County Code shall control.
BHS Solar, LLC — AP24-00029 - OFFSIA24-0003
Page 12 of 13
DEVELOPER: BHS Solar, LLC
By: HQC Solar Holdings 1, LLC,
Its: Sole Member
By: Hanwha Q CELLS USA Corp.,
Its: Sole Member and Manager
By:
Name: Su Man Ahn
Title: Authorized Signatory
STATE OF California
County of Orange
Date April 12, 2024
SS.
The foregoing instrument was acknowledged before me thisl2thday of April
2024, by Su Man Ahn
WITNESS my hand and official seal
KIMBERLY RAE JOHNSON
Notary Public • California
Orange County
Commission # 2408943
BOARD OF COUNTY COMMISSIONERS
WELD COUN • ORAD •
My Comm. Expires Jul 21, 2026
WELD COU'NTY:
ATTEST. d ►• •‘1k.
Weld ty Clerk to the Bo , rd
BY:
Deputy Cl
IJ
Kevin D. Ross, Chair
BHS Solar, LLC — AP24-00029 — OFFSIA24-0003
Page 13 of 13
MAY 1 3 2024
oZoo1yZ- //7�
cO .-b
lr— ..
m CSf
--� t0
la
3
NIP a
.r -
m
r0 X1O1
-J1 ri
-- O
®
�m m(O
Ls
a`
a o
r
MC 0
C
air
Vale
Company: Hanwha Qcells EPC
Project Name:
Address/Coordinates:
General Contractor:
Black Hollow Solar
Contact: Johnny Hemphill
Severance, Colorado
Phone: 830-480-9723
Hanhwa QCELLs
Date: 03/19/2024
Reviewer: R. Brent Knesal, PE
QCells
SCOPE OF WORK
DEFINITIONS
.iiii
Material
QTY
Units
Cost/Unit
Total
ROAD IMPROVEMENTS
Grading
Install / compact 8" of recycled asphalt 25' wide on CR 90 between CR 13 and CR 25
26053
LF
$ 30.00
$ 781,590.00
Grading
Install
/ compact 8" of recycled asphalt 25' wide on CR 13 between CR
52 and CR 90
5300
LF
$ 30.00
$ 159,000.00
Grading
Install / compact 8" of road base 25' wide on CR 84
between CR 25 and CR 23
5300
LF
$ 30.00
$ 159,000.00
Grading
Full
-depth mag chloride improvements to CR 90 and CR 13
1
LS
$ 83,742.00
S 83,742.00
Grading
Prep existing grade and install 6" Hot Mix asphalt on CR 15 to CR 90
(to include striping)
95040
SF
$ 13.80
$ 1,311,552.00
Testing
Compaction tests to meet county quality requirements
1
LS
$ 8,700.00
$ 8,700.00
Traffic Control
Proper signage, detours, and flaggers (if necessary)
to perform road improvements
1
LS
$ 27,000.00
S 27,000.00
Road Maintenance
Maintain road improvements for the duration of the project
60
Days
$ 1,200.00
S 72,000_00
$ 2,602,584.00
MATERIALS
-
. -
Aggregate
Recycled asphalt
25500
Tons
$ 30.00
$ 765,000.00
Aggregate
Road Base
4000
Tons
$ 22.44
$ 89,760.00
Utilities
Culvert extensions where necessary
1
LS
$ 12,000.00
$ 12,000.00
Construction Water
Water usage for dust control and moisture/density testing during construction of roads
45
Days
$ 1080 00
S 48,600.00
Sub Total
$ 915,360.00
SUBTOTAL
$ 3,517,944.00
CONTRACTOR FEES
Taxes
Material Sales and Use Tax
2.90%
$ 915,360.00
$ 26,545.44
SUBTOTAL
Silliallir
$ 26,545.44
LUMP SUM PRICE
$ 3,544,489.44
'This estimate is provided and produced in good faith and reasonable understanding of the project requirements to complete the road improvements required by Weld County, CO in support of the Black Hollow
Sun solar project.
-The scope of this project and estimate does not include access roads or any roads beyond those as described above.
3Qcells shall bear financial responsibility for cost discrepancies within the project scope resulting in a final cost greater than the lump sum price shown.
4Scope items not explicitly listed in this estimate are not considered to be part of the project. Affected parties shall notify Qcells immediately of exclusions prior to commencement of work.
Digitally signed by Robert Brent
Kresal
Robert Brent Knesal E= Cr-US
nesai@pmad corn,
CN=Robert Brent Knesa;
Date: 2024.03 19 10 35.20-06'00'
EXHIBIT
AP2.L/ecop Zq
I
Black
/
*
C3MEr,
Excavation
Project: Black
o ow oar
su
Location: Severance, Colorado
Date: 03/19/2024
Mountain
Aggregate
CR 84
Aggregate
CR 90
CR 13
CR 15
CR 15
Mag
Traffic
Dust
Haul (Road
Improvements
to CR 23)
Haul
Asphalt)
Improvements
to Site Entrance)
Improvements
to CR 90)
Paving Improvement
Subgrade
Paving Improvements
(Existing to
Chloride (Working
vary within
Prep
CR
dates)
Mobilize
Control
Control
(CR
(Recycled
(CR
(CR
90)
Base)
25
13
88
days
ti ff
N
lD
County
Road
Improvements
a
2
I.
S.
a
a
O1
L _ is is
a a a a
a a a Q a
.-1 M to I N C'
2
i'
Y_
4
- -
a
r
=1
a
<
_
_ .
County Road Improvements
Start Date
Finish Date
Days to Complete
Mobilize
25 -Mar
29 -Mar
5
Traffic Control
27 -Mar
30 -Apr
25
Dust Control
27 -Mar
30 -Apr
25
Aggregate Haul (Road Base)
27 -Mar
2 -Apr
5
CR 84 Improvements (CR 25 to CR 23)
27 -Mar
2 -Apr
5
Aggregate Haul (Recycled Asphalt)
27 -Mar
30 -Apr
25
CR 90 Improvements (CR
13 to Site Entrance)
2 -Apr
26 -Apr
19
CR 13 Improvements (CR 88 to CR 90)
27 -Mar
2 -Apr
5
CR 15 Paving Improvement Subgrade Prep
2 -Apr
9 -Apr
6
CR 15 Paving Improvements (Existing to CR 90)
9 -Apr
16 -Apr
6
Mag Chloride (Working days vary within dates)
1 -Apr
30 -Apr
22
Weather Days
TBD
TBD
TBD
4961009 Pages: 17 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County CO
III !III I
EXHIBIT
3
.0
P P ni-oo b 2-c
°cells
Weld County RMA Construction Plan
Overview
Qcells plans to self -perform all civil and mechanical activities included in this scope. Hanwha Qcells will
provide the necessary labor, tools, and equipment to successfully execute and complete the construction
in a safe and efficient manner, while meeting WELD COUNTY's construction standards.
Health, Safety and Environment
Safety
Harwha Qcells maintains the strictest safety standards within our organization that meet or exceed
industry standards. Qcells' safety program and procedures are available upon request.
Drug Testing
Hanwha Qcells implements a qualified drug testing program. Every new employee who hires on with
Hanwha Qcells will be drug tested on site by the site Safety Manager. Additionally, random employees
may be selected throughout every month to perform a random drug test.
Monthly Training
Employees will be trained every month on a safety topic related to the construction activities. These safety
topics can range from working at heights to tool safety, just to name a couple. Time will be taken with
every crew in a classroom setting and/or in the job trailer, to perform the training.
Safety Documents
• Job Safety Analysis (JSA): Every morning a comprehensive safety meeting will be held with the
entire crew. This safety meeting will cover the general overview of hazards to be planned for the
workday. After this meeting, the employees will break into their individual crews where they will
participate in creating a JSA associated with their tasks for the day. The JSA will identify the
hazards as well as resolutions to mitigate the hazards associated with their work.
• Permits: The required permits will be filled out daily by field supervision in the areas in which it is
required. This applies to both Permit to Work and Hot Work permits.
Equipment Safety
Equipment operators will be required to have a current certification for the pieces of equipment they are
operating. This includes man lifts, forklifts, cranes, or any other mobile equipment to perform the work.
These pieces of mobile equipment will be inspected on a daily basis, with an inspection checklist being
filled out.
Organization and Staffing
Hanwha Qcells will provide the on -site supervision and staff for construction, safety, and QA/QC activities.
The team will be led by Johnny Hemphill Project Manager, and Tony Gottfried as the Construction
Manager. The Project Manager Johnny Hemphill and Construction Manager Tony Gottfried have proven
fielc experience constructing at sites with similar scope.
4961009 Pages: 18 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County . CO
III "P! P'a' IM!t'J i1i W4 lilt I
°cells
The Construction Manager will oversee the project schedule, activity planning, cost controls, project
controls, and reporting. The team will be site -based to interface with Hanwha Qcells and WELD COUNTY's
management, project activities, and client relations.
Hanwha Qcells has Contracted with Black Mountain Excavation (BME) for the RMA construction on Weld
County roads. Black Mountain Excavation is located in Weld County and has experiences in the area with
local vendors. Black Mountain Excavation plans to staff the project and construction leadership from
personnel and crews that have work experience with this SOW. The crew for this project is made up with
the following:
Project Manager (1)
Superintendent (1)
Field Safety (1)
QAQC Inspector (1)
Foreman (1)
Labor (6)
Equipment Operator (6)
Construction Sequence
Procurement
Black Mountain Excavation will procure all material from WELD COUNTY supplied vendors and in
accordance with the SOW. Black Mountain Excavation has identified multiple sourcing avenues to
maintain cost and provide schedule assurance.
BME Subcontractors
Colorado Pavement Solutions (Paving)
Loveland Barricade (Traffic Control)
EnviroTech (Mag Chloride)
Construction
Qcells and BME will document the existing road condition, identify areas that require widening and culvert
extensions per the SOW. This allows procurement to order material necessary for the project.
Weld County Road 84
BME will begin the construction with CR84 by placing and compacting ravel surface per the SOW. BME
will utilize the south part of the BHS property for staging and storing equipment during construction of
CR84. This area of construction will take approximately two to three days to complete.
Weld County Road 13 and 90
BME will begin the next phase of construction on CR13 and CR 90. BME will extend culvert necessary,
place road base and compact to achieve 24' Road width per the SOW. BME will place 8" of RAP to road
4961009 Pages: 19 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly Kcppes, Clerk and Recorder; Weld County CO
III kict1111,11t):Ves:PiliilliiiiisolitiKillirgrli.i:iiiivi, PHI
Qcells
surface with full Magnesium chloride penetration of the top 4". The road will be compacted per
specifications.
Weld County Road 15
BHE will perform last phase of construction on CR 15 and at the intersection of CR90 and CR15. BME will
extend culvert necessary, place road base and compact to achieve 24' Road width per the SOW. BHE will
subcontract Colorado Pavement Solutions to perform the Hot Asphalt Pavement per CDOT and Weld
County Specification according to the SOW. This phase of the work will be completed last to allow ambient
temperature to be more conducive for placement of Hot Asphalt Pavement.
Weld County Road stop Mechanisms
Qcells will pay Weld County for the purchase and installation of the required stop mechanisms in
accordance to Exhibit E.
Weld County Road continued maintenance
Qcells and BME will perform the continued maintenance on county roads during construction of BHS until
post -construction survey work is completed.
Equipment
The machinery equipment that will be used for this project will be newer rental and owned equipment
and serviced by the company. The follow is a list of intending equipment to be used:
• (2) Motor Graders
• (1) Smooth Drum Roller
• (1)4k Water Truck
• (1) Front End Loader
• (1) Skid Steer
• (Multiple) Belly Dumps
Scope of Work
Additional Off -Site Improvements to be constructed by Contractor prior to the operation of AP24-00028
and AP24-00029 include:
1) Full depth reclamation and 8" installation of reclaimed asphalt
pavement (RAP) on (a) Weld County Road 90 between Weld County
Road 13 and to the eastern edge of Weld County Road 90 that is
annexed into the Town of Severance (Latitude: N40d 38' 23.29",
Longitude: W104d 51' 0.75") and (b) Weld County Road 13 between
Larimer County Road 52 and Weld County Road 90 in accordance to
Weld County Code. Cross section of base and RAP shall be
structurally sufficient to handle the truck traffic from the
4961009 Pages: 20 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County CO
MINCWAVLAIMIliiiiliNYVAYA
Qcells
development and reduce rutting overtime.
2) Hot Mix Asphalt paving of Weld County Road 15 from the existing
edge of pavement on Weld County Road 15 north to the
intersection with Weld County Road 90 in accordance to Weld
County Code and the Weld County Engineering and Construction
Criteria. Cross section of base and pavement shall be structurally
sufficient with adequate radius for the intersection.
3) Hot Mix Asphalt paving of the Weld County Road 90 and Weld
County Road 15 intersection, with pavement extending 100 feet
east and 100 feet west on Weld County Road 90 and 100 feet north
on Weld County Road 15 in accordance to Weld County Code and
the Weld County Engineering and Construction Criteria. Cross
section of base and pavemert shall be structurally sufficient with
adequate radius for the intersection.
4) Install stop mechanisms as required by the County at the
intersections of Weld County Road 90 at Weld County Road 15,
Weld County Road 90 at Weld County Road 19, and Weld County
Road 90 at Weld County Roac 27 in accordance to Exhibit E. In lieu
of Developer installation, Developer may pay Weld County for the
cost of materials and the installation of required stop mechanisms.
5) Place 4"-6" of Weld County spec surface gravel on Weld County
Road 84 from Weld County Road 23 to Weld County Road 25.
Exhibit F
Gravel/ RAP Roads Maintenance and Reclamation Plan
BHS Solar, LLC — CASE Number
1. Purpose
This Gravel Roads Maintenance and Reclamation Plan (Plan) outlines the procedures and standards
required of the BHS Solar, LLC (Developer), and its Contractors (hereinafter referred to collectively as
Contractor) to prepare, improve, and reclaim Approved Haul Route Roads utilized for construction,
delivery of materials, and daily activities throughout the duration of the BHS Solar Project (Project).
2. Responsibility
Contractor is responsible for all repairs caused by Project traffic as described in section C.5.0 of Part 1 of
the Agreement. If Contractor can reasonably demonstrate that the need for repair is caused by non -
Project related traffic, Weld County will be responsible for such repairs.
3. Procedures
4961009 Pages: 21 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County CO
ill �I�� ' � 1 1 ! i I I 1 1 ■ �
°cells
These procedures define necessary operations during each phase of the Project.
3.1 Preconstruction Survey/Inspection
At least 30 days prior to use of the Approved Haul Route Roads for construction of the Project, County
and Contractor will jointly survey and inspect all gravel Approved Haul Route Roads and determine what
improvements, if any, are necessary to accommodate anticipated Project -related vehicle traffic. Results
of the Preconstruction Survey/Inspection will be documented in a Preconstruction Roadway Condition
Memorandum (Pre -Con Memo) which will include, at a minimum, a Roadway Video Exhibit, and a Gravel
Depth Test Location Inventory. The Pre -Con Memo will be completed by County Personal, and Developer
and/or Contractor shall have the opportunity to review prior to accepting.
3.2 Preconstruction Roadway Improvements
Contractor shall improve gravel Approved Haul Route Roads as set forth in the Improvements and Road
Maintenance Agreement and Pre -Con Memo. RAP placement shall be done in accordance with Weld
County Engineering & Construction Criteria (WCECC), page 123, Table 9-12 and in accordance with the
most current versions of the Colorado Department of Transportation (CDOT) Standard Specifications for
Road and Bridge Construction and the Field Materials Manual.
3.3 Active Construction Period Roadway Maintenance
Road damage such as, but not limited to, tracking, potholes, blow outs, soft spots, and wash outs, shall
be repaired within 48 hours of either the occurrence of the damage or notification by County. County may
inspect the conditions of Approved Haul Route Roads at any time throughout the Project duration.
Inspection of roadway conditions may include but is not limited to roadway fore and back slopes, ditch
grade and geometry, travel lane slopes, crown, low spots/depressions, and gravel coverage. Corrective
work resulting from inspections shall be completed by Contractor within 48 hours of notification by
County.
3.4 Dostconstruction
After the Project has been completed, Contractor shall restore all County roadways, intersections, access
locations and roadside drainage affected by the Project to pre -construction widths, grades, and surface
conditions documented in the Pre -Con Memo. After Project construction completion and restoration of
County roadways, postconstruction Approved Haul Route Road conditions shall be jointly inspected by
County and Contractor to determine if there are any material deviations in the condition of the Approved
Haul Route Roads from those contained in the Pre -Con Memo. In its sole and reasonable exercise of
discretion, County shall inform Contractor of the location and amount of gravel to be placed upon
Approved Haul Route Roads, not to exceed six inches of gravel in any one location. In making these
determinations, County shall endeavor to require only that amount of material which returns the road to
the pre -construction condition as documented in the Pre -Con Memo. Gravel placement shall be done in
accordance with Weld County Engineering & Construction Criteria (WCECC), page 123, Table 9-12 and in
accordance with the most current versions of the CDOT Standard Specifications for Road and Bridge
Construction and Field Materials Manual. Acceptance testing for all post -construction repairs will be
required upon completion of restoration (refer to section 3 -Testing).
4. Testing
Required testing processes, methods and resulting procedures.
4961009 Pages: 22 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County . CO
L:11 h'i �' N II %it , 11 � 1�! �I1�1 11111
Qcells
4.1 General procedures
Contractor shall be responsible for all testing procedures. Sampling and testing shall follow procedures as
identified in the most recent version of the CDOT Field Materials Manual. All Process Control (PC) and
Owners Acceptance (OA) sampling of material shall be performed on grade. All work will be in
conformance with the CDOT Standard Specifications for Road and Bridge Construction. Surface Gravel
placement will require notification to Weld County a minimum of 48 hours in advance. If a County
inspector is not present during placement, the sample and testing location shall be recorded and provided
in the corresponding testing report. Non -reported or failed testing will require removal and replacement
of all material by Contractor.
4.2 Method Statement
The Contractor's method statement for testing should, at a minimum, include the following:
• Sample locations using a random number generator
• PC and OA sampling frequencies. PC will deliver OA samples to Weld County
• Expected turnaround of test rest
• Limits defining acceptable test results
• A third -party Test laboratory to dispute potential testing issues
4.3 Required Tests
• Particle size analysis (Gradation)
• Atterberg Limits test
• Moisture Density Relationship
• LA Abrasion
• Aggregate soundness
• Fractured Faces
• In -place Density and Moisture content of Soil and Soil Aggregate by Nuclear Method
Quality Control
Field Quality Management
Black Mountain Excavation implements a field QA/QC representative. In addition to performing field
activities such compaction testing, this representative will interface with our client's inspectors to address
quality related issues. Black Mountain Excavation test results will be provided upon request.
Project Schedule
The Hanwha Qcells construction team will provide a project schedule and weekly updates to
management. The construction team will be available to attend any meetings with management to discuss
the schedule and construction pracess of the project. Please reference Project Schedule for more
information. The schedules provided with a proposal are based on the information provided in the RFP.
4961009 Pages: 23 of 29
05/17/2024 11:50 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County . CO
III 11111
Qcells
We work from an MS Projects Schedule throughout the project and expect ties back to procurement
deliverables, as applicable.
Construction Schedule Recovery
We certainly do not expect this to be an issue for any given SOW. However, throughout
a construction project with many moving parts, it may be the case in some circumstances that the
construction activities may fall behind the planned construction schedule. In the event construction
activities fall behind schedule, any combination of the following may be implemented until it is
demonstrated that the necessary scope and activities are caught up to date:
Additional Resources
• Equipment: In many cases production can be increased by providing additional resources such as
equipment for the craft. This solution may be implemented on a case -by -case basis if it is
determined that a bottleneck can be eliminated or that the added equipment will result in
increased productivity.
• Manpower: Additional manpower may be added if it is determined that there is enough material
to justify increasing the manpower with specific craft / personnel mixes to increase production.
Extra Workdays
Another option for recovery would be to add extra workdays to the construction schedule. The intention
is to operate on a six -day work week schedule for the duration of construction. The schedule can be
accelerated by working a seven-day work week, which may even include working certain crafts on
scheduled holidays. This option adds an additional expense due to increased overtime charges, and
discussions on a budget increase will be required.
When working a seven-day construction schedule, it is beneficial to the craft that each employee receives
one day off per week. Employee work schedules can be staggered to achieve full seven-day coverage
during the work week.
Reprioritization of Construction Sequence
In some cases, a construction schedule can be accelerated by re -focusing resources to achieving certain
milestones. The construction team will be in regular communication with WELD COUNTY's representatives
and management to determine critical paths within the schedule to achieve meeting milestone dates.
Increased Work Hours
• 12 Hour Shifts: Work shifts may be increased from a 10 -hour workday to a 12 -hour workday for
certain crews or the entire construction team if it is determined there is enough material to keep
these crews productive.
Reporting
An official report will be sent out by Hanwha Qcells management on a weekly basis, providing updates on
the activities in process, percent complete status of scope, and a financial summary. This weekly report
will be sent to Hanwha Qcells and Weld County management.
4961009 Pages: 24 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly lKoppes, Clerk and Recorder, Weld County CO
III ��'ii l� � � e � � i ti � , � i
�� �a f�� lip r'I III
Qcells
Project Closeout
At the completion of the scope of work, a turnover package will be compiled of the necessary project
documents. The turnover package will include all compaction test and testing equipment certifications.
These will be electronic files only, unless otherwise requested from our client.
Conclusion
As the Hanwha Qcells management team, we are confident in our abilities to perform the scope of work
for WELD COUNTY's RMA. We are proud of our proven track record in the area and our ability to
accomplish projects together as a team. We feel that our capabilities along with our high levels of safety
and quality are unmatched in our field and surpass our client expectations.
4961009 Pages: 25 of 29
05/17/2024 11:50 Ail R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County , CO
VIII E�.l� flit III L'� '�' P�.K� r ��, ����11111
I
O D
U e
E U
wo
2
Route B
Access
EXHIBIT
D
Pr" -vaoZS
sal
I ,
Access 2
(substation on
Intersection Management
(No Construction Access)
p-i
V--�---�-7
!-a
r
t
1
!� ---•
-1
, -
,
I t'-1
s 4
r
I
--0- Ingress
-40—Egress
a a
Town Maintained Road (BHS
Annexation)
Route A (Haul Route Max.
Vehicular Weight <85,000lbs)
Route B (Resident Worker
Route)
Route C (Substation Haul
Route)
Route D (Haul Route Max.
Vehicular Weight <85,000lbs)
Route A - Larimer County (Haul
Route Max. Vehicular Weights
<85,000lbs)
Route D - Timnath (Haul Route
Max. Vehicular Weight
<85.000lbs)
• Intersection Management Point
• Site Access Point
Road
Highway
BHS Solar Annexation
Substation
BHS Solar Lease Area
Tow n
Lad
-J
S
--J
Ault
Eaton
Greeley
Nunn
Pierce
Severance
Windsor
Fort Collins
Timnath
� 0-s
G
fle <v
�ors-
,
o N
- - mu
ns
r: � �1
tri
vi
O IN
o ma
_ °- m o
64.
r_�Qm
�°
Alre
J
ass .
-111-
ME
2/28/2024 1:168,000
0 0.5 1 2
Miles
0 1 2 4
Km
150 MWAc
Solar Project
174 GLOBAL
Exhibit E
Gravel/ RAP Roads Maintenance and Reclamation Plan
BHS Solar, LLC - AP24-00029 - OFFSIA24-0003
1. Purpose
This Gravel Roads Maintenance and Reclamation Plan (Plan) outlines the procedures and
standards required of the BHS Solar, LLC (Developer), and its Contractors (hereinafter
referred to collectively as Contractor) to prepare, improve, and reclaim Approved Haul
Route Roads utilized for construction, delivery of materials, and daily activities throughout
the duration of the BHS Solar Project (Project).
2. Responsibility
Contractor is responsible for all repairs caused by Project traffic as described in section
C.5.0 of Part 1 of the Agreement. If Contractor can reasonably demonstrate that the need for
repair is caused by non -Project related traffic, Weld County will be responsible for such
repairs.
3. Procedures
These procedures define necessary operations during each phase of the Project.
3.1 Preconstruction Survey/Inspection
At least 30 days prior to use of the Approved Haul Route Roads for construction of the
Project, County and Contractor will jointly survey and inspect all gravel Approved Haul
Route Roads and determine what improvements, if any, are necessary to accommodate
anticipated Project -related vehicle traffic. Results of the Preconstruction
Survey/Inspection will be documented in a Preconstruction Roadway Condition
Memorandum (Pre -Con Memo) which will include, at a minimum, a Roadway Video
Exhibit, and a Gravel Depth Test Location Inventory. The Pre -Con Memo will be
completed by County Personal, and Developer and/or Contractor shall have the
opportunity to review prior to accepting.
3.2 Preconstruction Roadway Improvements
Contractor shall improve gravel Approved Haul Route Roads as set forth in the
Improvements and Road Maintenance Agreement and Pre -Con Memo. RAP placement
shall be done in accordance with Weld County Engineering & Construction Criteria
(WCECC), page 123, Table 9-12 and in accordance with the most current versions of the
Colorado Department of Transportation (CDOT) Standard Specifications for Road and
Bridge Construction and the Field Materials Manual.
3.3 Active Construction Period Roadway Maintenance
Road damage such as, but not limited to, tracking, potholes, blow outs, soft spots, and
wash outs, shall be repaired within 48 hours of either the occurrence of the damage or
notification by County. County may inspect the conditions of Approved Haul Route
Roads at any time throughout the Project duration. Inspection of roadway conditions
may include but is not limited to roadway fore and back slopes, ditch grade and
geometry, travel lane slopes, crown, low spots/depressions, and gravel coverage.
Corrective work resulting from inspections shall be completed by Contractor within 48
hours of notification by County.
4961009 Pages: 27 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County CO
III PlicirlitilitialliFLIMIC4 111111
3.4 Postconstruction
After the Project has been completed, Contractor shall restore all County roadways,
intersections, access locations and roadside drainage affected by the Project to pre -
construction widths, grades, and surface conditions documented in the Pre -Con Memo.
After Project construction completion and restoration of County roadways,
postconstruction Approved Haul Route Road conditions shall be jointly inspected by
County and Contractor to determine if there are any material deviations in the condition
of the Approved Haul Route Roads from those contained in the Pre -Con Memo. In its
sole and reasonable exercise of discretion, County shall inform Contractor of the
location and amount of gravel to be placed upon Approved Haul Route Roads, not to
exceed six inches of gravel in any one location. In making these determinations, County
shall endeavor to require only that amount of material which returns the road to the
pre -construction condition as documented in the Pre -Con Memo. Gravel placement shall
be done in accordance with Weld County Engineering & Construction Criteria (WCECC),
page 123, Table 9-12 and in accordance with the most current versions of the CDOT
Standard Specifications for Road and Bridge Construction and Field Materials Manual.
Acceptance testing for all post -construction repairs will be required upon completion of
restoration (refer to section 3 -Testing).
4. Testing
Required testing processes, methods and resulting procedures.
4.1 General procedures
Contractor shall be responsible for all testing procedures. Sampling and testing shall
follow procedures as identified in the most recent version of the CDOT Field Materials
Manual. All Process Control (PC) and Owners Acceptance (OA) sampling of material
shall be performed on grade. All work will be in conformance with the CDOT Standard
Specifications for Road and Bridge Construction. Surface Gravel placement will require
notification to Weld County a minimum of 48 hours in advance. If a County inspector is
not present during placement, the sample and testing location shall be recorded and
provided in the corresponding testing report. Non -reported or failed testing will require
removal and replacement of all material by Contractor.
4.2 Method Statement
The Contractor's method statement for testing should, at a minimum, include the
following:
• Sample locations using a random number generator
• PC and OA sampling frequencies. PC will deliver OA samples to Weld County
• Expected turnaround of test results
• Limits defining acceptable test results
• A third -party Test laboratory to dispute potential testing issues.
4.3 Required Tests
• Particle size analysis (Gradation)
• Atterberg Limits test
• Moisture Density Relationship
• LA Abrasion
• Aggregate soundness
• Fractured Faces
4961009 Pages: 28 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
II
• In -place Density and Moisture content of Soil and Soil Aggregate by Nuclear
Method
4961009 Pages: 29 of 29
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1110P0cAlliinLiaatimadvimhilii..lid III II
Contract Form
Entity Information
Entity Name *
BHS SOLAR LLC
Entity ID*
@00048314
Contract Name *
IMPROVEMENTS AND ROAD MAINTENANCE
AGREEMENT BHS SOLAR LLC AP24-00029
Contract Status
CTB REVIEW
O New Entity?
Contract ID
8061
Contract Lead
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgo
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description"
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT BHS SOLAR LLC AP24-00029 COLLATERAL IN THE
AMOUNT OF $3544489.44 IS REQUIRED AND IS PROCURED IN THE FORM OF PERFORMANCE BOND NO. 9448469
ISSUED BY ZURICH AMERICAN INSURANCE COMPANY
Contract Description 2
Contract Type"
AGREEMENT
Amount*
$3,544,489.44
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-
Planning@weldgov.com
Department Head Email
CM-Planning-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Requested BOCC Agenda Due Date
Date* 04/25/2024
04/29/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
04/29/2025
Committed Delivery Date
Renewal Date
Expiration Date*
04/29/2026
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
ELIZABETH RELFORD CHRIS D'OVIDIO BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
04/30/2024 04/30/2024 04/30/2024
Final Approval
BOCC Approved Tyler Ref #
AG 051324
BOCC Signed Date Originator
JTRUJILLOMARTINEZ
BOCC Agenda Date
05/13/2024
Hello