HomeMy WebLinkAbout20241854.tiffRESOLUTION
RE: APPROVE PARTIAL RELEASE OF COLLATERAL AND ACCEPTANCE OF
WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR14-0080 -
WASTE MANAGEMENT OF COLORADO, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on August 24, 2016, the Weld County Board of Commissioners approved the
application of Waste Management of Colorado, Inc., 5500 South Quebec Street, Suite 250,
Greenwood Village, Colorado 80111, for a Site Specific Development Plan and Use by Special
Review Permit, USR14-0080, for a Solid Waste Disposal Site and Facility (solids treatment and
beneficial reuse of commercial exploration and production waste and other appropriate
non -hazardous waste streams, including cements and other non -hazardous solid waste with free
water or liquids, oil water slurries, high oil content slurries, produced water/flowback from
exploration and production wells, and drilling fluids (muds), along with an Oil and Gas Support
Facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) and obtain a
Certificate of Designation in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
A portion of Sections 26 and 35, Township 3 North,
and a portion of Sections 2 and 11,
Township 2 North, all in Range 64 West of the
6th P.M., Weld County, Colorado
WHEREAS, on July 10, 2019, pursuant to certain Conditions of Approval, the Board
approved 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 Waste Management of Colorado, Inc., with
terms and conditions being as stated in said agreement, and accepted collateral in the form of
Performance Bond #82440823, guaranteed by Federal Insurance Company, 202B Hall's Mill
Road, Whitehouse Station, New Jersey 08889, in the amount of $1,342,850.00, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend a partial release of said collateral
by accepting a Bond Rider reduction, guaranteed by Federal Insurance Company, to be attached
to the original Performance Bond #82440823, thereby reducing the amount of collateral, to be
retained as warranty collateral as related to off -site improvements, to $201,428.00.
cc:P1-CER/MW/DA/DA/srR/KR/14(pik0
off/2o/2N
2024-1854
PL2428
PARTIAL RELEASE OF COLLATERAL AND ACCEPT WARRANTY COLLATERAL
(USR14-0080) - WASTE MANAGEMENT OF COLORADO, INC.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the collateral in the form of Performance Bond #82440823, guaranteed by
Federal Insurance Company, in the amount of $1,342,850.00, be, and hereby is, reduced, and
warranty collateral in the form of a Bond Rider, to be attached to Performance Bond #82440823,
reducing the amount of collateral to $201,428.00, be, and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY OR*D
ATTEST: , ✓ 4
Weld County Clerk to the Board
BY:
J13101-61 1,6(wo)(J6
Deputy Clerk to the Board
APP '• ED
ountyney
Date of signature: '1115/Z4
Kevin D. Ross, Chair
Perry L. B
ike Freeman
Saine
Pro-Tem
O e
2024-1854
PL2428
Co h'n'co..(-4, - 8 38`1
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item — Partial Release of Project Collateral through Acceptance of Warranty
Collateral Bond Rider for: Waste Management of Colorado, Inc. — USR14-0080
DEPARTMENT: Planning Services DATE: June 11, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problemlissue:
The Department of Planning Services received a request from Waste Management of Colorado, Inc., requesting that the Board of County
Commissioners accept the Warranty Collateral for Waste Management of Colorado, Inc. in the amount of $201,428.00. Project Collateral
in the amount of $1,342,800.00 is currently being held in the form of a Performance Bond and Warranty Collateral has been provided in
the form of a Bond Rider to be attached to the original Bond Number 82440823 in the amount of $201,428.00 and is required to be held
for the duration of the two-year warranty period which began on February 27, 2024.
Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site, and observed
the following:
• All items on Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document
Tyler #2019-2620, have been completed and are found to be acceptable.
County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this partial release
of collateral.
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.
Weld County Collateral Ust:
Waste Management of Colorado, Inc. — USR14-0080 (PL2428, #2019-2620)
Improvements and Road Maintenance Agreement
Performance Bond #82440823 — Federal Insurance Company $1,342,850.00
Noncancellable and shall renew annually automatically
Approved 07/10/2019 — Contract ID 2777
Consequences:
• The new development can pay their way for the improvements required by the new development on the County
Roadways, or the County will be required to pay for the improvements required by the new development.
Impacts:
• Traffic related to the new development warrants the requirement of certain safety improvements and 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):
• County will hold warranty collateral should the County need to draw on it in order to complete the work required. No
direct costs for the County by supporting the recommendation.
Recommendation:
Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the
partial release of collateral through acceptance of the Warranty Collateral Bond Rider for Waste Management of Colorado, Inc — USR14-
0080.
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
Support Recommendation Schedule
Place on r • CC Agenda Work Session
1046
Other/Comments:
2024-1854
x/75
�L z4Z'
Cheryl Hoffman
From:
Sent:
To:
Subject:
Attachments:
Jazmyn Trujillo Martinez
Tuesday, June 11, 2024 1:56 PM
Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jessica Reid; Karla Ford; Nick Marquez; Ryan Sinatra
BOCC PA REVIEW - USR14-0080 — Waste Management
Signed PA & Warranty Collateral USR14-0080 Waste Management.pdf
ATTACHED BOCC PA REVIEW
Improvements Agreement: Partial Release of Project Collateral through Acceptance of Warranty Collateral Bond Rider
Case/Applicant: USR14-0080 — Waste Management of Colorado, Inc
Please note: Regular Agenda
Thank you, Karla!
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17`n 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.
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item — Partial Release of Project Collateral through Acceptance of Warranty
Collateral Bond Rider for: Waste Management of Colorado, Inc. — USR14-0080
DEPARTMENT: Planning Services DATE: June 11, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from Waste Management of Colorado, Inc., requesting that the Board of County
Commissioners accept the Warranty Collateral for Waste Management of Colorado, Inc. in the amount of $201,428.00. Project Collateral
in the amount of $1,342,850.00 is currently being held in the form of a Performance Bond and Warranty Collateral has been provided in
the form of a Bond Rider to be attached to the original Bond Number 82440823 in the amount of $201,428.00 and is required to be held
for the duration of the two-year warranty period which began on February 27, 2024.
Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site, and observed
the following:
• All items on Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document
Tyler #2019-2620, have been completed and are found to be acceptable.
County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this partial release
of collateral.
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 pad 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.
Weld County Collateral List:
Waste Management of Colorado, Inc. — USR14-0080 (PL2428, #2019-2620)
Improvements and Road Maintenance Agreement
Performance Bond #82440823 — Federal Insurance Company $1,342,850.00
Noncancellable and shall renew annually automatically
Approved 07/10/2019 — Contract ID 2777
Consequences:
• The new development can pay their way for the improvements required by the new development on the County
Roadways, or the County will be required to pay for the improvements required by the new development.
Impacts:
• Traffic related to the new development warrants the requirement of certain safety improvements and 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):
• County will hold warranty collateral should the County need to draw on it in order to complete the work required. No
direct costs for the County by supporting the recommendation.
Recommendation:
Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the
partial release of collateral through acceptance of the Warranty Collateral Bond Rider for Waste Management of Colorado, Inc — USR14-
0080.
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session
ter
Other/Comments:
Michelle Wittenbrink
WASTE MANAGEMENT OF COLORADO, INC.
3500 S Gun Club Rd
Aurora, CO 80018 ,
RE: Bond No, 82440823
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
Dear Michelle Wittenbrink:
Enclosed please find the rider decreasing the bond amount to $201,428.00 effective February
27, 2024 for the above referenced bond.
Please forward the original to BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO and retain a copy for your files. If the bond is no longer needed, please make a
note on the document and return to my attention at the address listed below.
For Overnight Delivery:
AON
1300 Post Oak Blvd., Suite 1400
Houston, TX 77056
For Regular Mail:
AON
MSC# 17861
PO Box 803507
Dallas, TX 75380
If you have any questions or need further assistance, please contact the Financial Assurance
department at your Corporate office; contact information is:
Diana Seng 713-265-1322
Sincerely,
Andrea M. Penaloza
enclosures
2677422
BOND NO. 82440823
RIDER
To be attached to and form a part of Bond No. 82440823
executed by WASTE MANAGEMENT OF COLORADO, INC . as Principal
and by FEDERAL INSURANCE COMPANY as Surety,
in favor of BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY. COLORADO
and effective as of July 18, 2018
In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to
changing the bond amount
FROM: One Million Three Hundred Forty Two Thousand Eight Hundred Fifty and 00/100 Dollarsl$1,342,850,00)
TO: Two Hundred One Thousand Four Hundred Twenty Eight and 001100 Dollars ($201,428.00)
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein
expressly stated. This rider is effective on the 27th day of February 2024
Signed and sealed this 3rd day of June 2024 .
WASTE MANAGEMENT OF COLORADO, INC.
FEDERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and each
of its direct and indirect majority owned subsidiaries (the "WM Entities"), have constituted and
appointed and do hereby appoint Jenny Moore, Vanessa Dominguez, Melissa Fortier, Michael J.
Herrod, Jennifer L. Jakaitis, Terri L, Morrison, Andrea M. Penaloza, Patricia A. Rambo, Lupe
Tyler, Susan A. Welsh, Donna Williams, and Misty Wright of Aon Risk Services, Inc., each its
true and lawful Attorney -in -fact to execute under such designation in its name, to affix the
corporate seal approved by the WM Entities for such purpose, and to deliver for and on its behalf
as surety thereon or otherwise, bonds of any of the following classes, to wit:
1. Surety bonds to the United States of America or any agency thereof, and lease and
miscellaneous surety bonds required or permitted under the laws, ordinances or
regulations of any State, City, Town, Village, Board or any other body or
organization, public or private.
2. Bonds on behalf of WM Entities in connection with bids, proposals or contracts.
The foregoing powers granted by the WM Entities shall be subject to and conditional upon the
written direction of a duly appointed officer of the applicable WM Entity (or any designee of any
such officer) to execute and deliver any such bonds.
The signatures and attestations of such Attorneys -in -fact and the seal of the WM Entity may be
affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such
bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the applicable WM Entity when so affixed.
IN WITNESS WHEREOF, the WM Entities have caused these presents to be signed by
the Vice President and Treasurer and its corporate seal to be hereto affixed. This power of
attorney is in effect as of lime 3 , 20221.
Witness:
On behalf of Waste Management, Inc. and
each of the other WM Entities
Nagy
Vice President and Treasurer
CHUBB
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company ( ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation. WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Vanessa Dominguez, Amanda George, Terri L. Morrison, Andrea M. Penaloza, Gina A. Rodriguez, Lupe Tyler,
Lisa A. Ward Donna L. Williams and Misty Wright of Houston Texas —
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration Many instrument referred to in said bonds or obligations,
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 9N day of April 2024.
,i;+rrtn Eichht e'+t. t ht-• Pry idalt
Rapers RD Swindells rttsistant Seen.,
STATE OF NEW IERSEY
County of IIunterdon
On this 9. day of April, 2024 before me, a Notary Public of New jersey, personally tame Rupert HD Swindells and Warren Eichhorn, tome known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, thecompanies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn,
severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE.
COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER EIRE INSURANCE COMPANY and ACE. AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the
seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly
affixed and subscribed by like authority
Notarial Seal
SS,
Albert Come.
NOTARY MINX OF NEW JERSEY
No 502D23ti9
Commiarbn Enpires urt 22,2027
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAI. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016,
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE. AMERICAN INSURANCE COMPANY on March 20, 2009,
-RESOLVED, chat the fanotvtng autnor+zauons relate [o the execution, for and un behalf of the Company, of bonds, u ndertak,ngs, meas.-dunces, contracts and other written commitments of Me Company
amered inIn the ordh�arycoursc of business Icarb a'Wrttten Comml[mcnt'1:
I1)
i2j Each duly ap
(31
Each of the chairman. th
larl nl the Company with
as may tx speci0ed n sue
(4) Fach of the Chnl
151 The
n behalf of the Company, under the seal of the ammo, ...hen...such auomevan-fact
.on the attorney-In
cots of the Company
r Wrinan
her officer of the
edited In such written
FORTNER RESOLVER, chat the foregoing ResoluUan shalt not Ue deemed w bean oxcluswe statement of the powers and authority of olneers, employees.. other pers.. to act for and on behalf'! the
....WY. a nd such Resolution shall not 1mE or otherwise affcA the exercise of any au<h power or author=ty otfcerw,se validly granted or vested"
I. Rupert III) Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY.VIGILANTINSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (die "Companies`) do hereby certify that
(ii the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station. NI, this June 3, 2024
Rupert HO Swindells Assistant Secret,
Comm,. FI_D,0Ci-Pt FI-C-AAIC (fey 11-19)
Jazmyn Trujillo Martinez
From:
Sent:
To:
Cc:
Subject:
Attachments:
Wittenbrink, Michelle <mwittenb@wm.com>
Tuesday, May 14, 2024 7:03 AM
Jazmyn Trujillo Martinez; Dawn Anderson; Elizabeth Relford
Chan, Jason; Wittenbrink, Michelle
Request to Move Project Collateral into Warranty Collateral WCR 18 & Market Street
Improvements
Letter of Completion WCR 18 - WCR 59 -Market Street 031424.pdf; USR14-0080 WMC Access
Road_Final Recorded_071019.pdf
WM would like to request to move the WCR 18 & Market Street Improvement project (See attached USR 14-0080) from the
Project Collateral into the Warranty Collateral. The project was Approved March 14, 2024 by the County (See attached letter of
completion). In discussions with the County, I understand the new bond will be in the amount of $201,427.50. As part of I this
submittal request, I am having WM Financial Assurance Team prepare and submit the new bond (or a bond rider to the original
bond) in the new amount of $201,427.50. You should receive this within the next two weeks.
Please advise if you require any additional information for this request.
Sincerely,
MICHELLE WITTENBRINK, PE
Office (Direct): 720.876.2621
Cell: 303.229.8085
From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>
Sent: Monday, May 13, 2024 3:37 PM
To: Wittenbrink, Michelle <mwittenb@wm.com>
Cc: Chan, Jason <JChan2@wm.com>; Dawn Anderson <dranderson@weld.gov>; Elizabeth Relford <erelford@weld.gov>
Subject: [EXTERNAL] FW: WCR 18 & Market Street Project -Release of Collateral?
Good afternoon, Michelle,
In regards to moving the CR 18 and Market Street improvements into warranty collateral, Weld County would just need an
official request (via letter or email) to move the project collateral into the warranty collateral amount and a bond rider to the
original bond or a new bond in the amount of $201,427.50.
Even though the original agreement specified Road Maintenance Collateral in the amount of $3,600.00 was required, Weld
County no longer collects that collateral, thus, Waste Management would not need to provide it.
Once we receive the official request and the bond rider, Weld can proceed with moving the improvements into the warranty
collateral amount.
Please let me know if you have any other questions regarding this matter.
Best,
Jazmyn Trujillo -Martinez
Development Review
March 14, 2024
DEPARTMENT OF PLANNING SERVICES
DEVELOPMENT REVIEW DIVISION
1402 N. 17TH AVENUE
GREELEY, CO 80631
E -Mail: dr rson@weld,gov
PHONE: (970) 400-3736
Mr. James A. Wilson
Waste Management of Colorado, Inc.
5500 South Quebec Street, Suite 250
Greenwood Village, CO 80111
Mr. Wilson,
This letter shall serve as notification for your two-year warranty commencement date of February 27,
2024, for safety improvements to Weld County Road (WCR) 59, WCR 18 and Market Street. These
improvements were required as triggered improvements to the Buffalo Ridge Landfill and specifically land
use case USR14-0080. As of the warranty commencement date, the required improvements had been
complete and as -built plans submitted and accepted.
It will be the responsibility of the developer/owner to contact Weld County Planning Services Department
prior to February 27, 2026, for a final walkthrough in advance of warranty release.
Feel free to contact me with any additional questions at dranderson'weld.gov or 970-400-3736.
Sincerely,
Dawn R. Anderson
Development Review Manager
Weld County Planning Services
cc: Elizabeth Relford, Interim Director of Planning Services Department
Curtis Hall, Director of Public Works
Maxwell Nader, Planning Manager
Chris Gathman, Planner III
Jason T. Chan, Waste Management of Colorado, Inc.
Michelle Wittenbrink, Waste Management of Colorado, Inc.
File: USR14-0080
RESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL
REVIEW PERMIT, USR14-0080 - WASTE MANAGEMENT OF COLORADO, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 24th day of
August, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Waste Management of Colorado, Inc., 5500 South Quebec Street, Suite 250,
Greenwood Village, CO 80111, fora Site Specific Development Plan and Use by Special Review
Permit, USR14-0080, fora Solid Waste Disposal Site and Facility (solids treatment and beneficial
reuse of commercial exploration and production waste and other appropriate non -hazardous
waste streams, including cements and other non -hazardous solid waste with free water or liquids,
oil water slurries, high oil content slurries, produced water/flowback from exploration and
production wells, and drilling fluids (muds), along with an Oil and Gas Support Facility (Class II
Oilfield Waste Disposal Facility — Saltwater Injection Facility) and obtain a Certificate of
Designation in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
A portion of Sections 26 and 35, Township 3 North,
Range 64 West and a portion of Sections 2 and 11,
Township 2 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, 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 Waste Management of Colorado, Inc., with
terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond No. 82440823 from
Federal Insurance Company, in the amount of $1,342,850.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond, 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 Waste Management of
Colorado, Inc., be, and hereby is, approved.
c.c.: PCO(1-31 PAR ICI-I),GT&C H),
PL -(CG( KR)
og/o7 I 19
2019-2620
PL2428
IMPROVEMENTS AGREEMENT - WASTE MANAGEMENT OF COLORADO, INC.
PAGE 2
BE IT FURTHER RESOLVED that Performance Bond No. 82440823 from Federal
Insurance Company, do Melissa Fortier, Attorney -in -fact, 5555 San Felipe, Suite 1500,
Houston, TX 77065, in the amount of $1,342,850.00, be, and hereby is, accepted.
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 10th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COt,QRADO
ATTEST: �j) �AjE
Weld County Clerk to the Board
B
A tomey
Date of signature: 0-7friga
arbara Kirkmeyer, chair
Mike Freeman, Pr -Tem
2019-2620
PL2428
Qri'Ba,a.c #71"'1"7
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
Waste Management of Colorado, Inc. — USR14-0080
DEPARTMENT: Public Works DATE: May 24, 2019
PERSON REQUESTING: l isa Juanicoreoa
Brief description of the issue:
The Department of Public Works received a request from, the applicant, Waste Management of Colorado, Inc.,
requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance
Agreement for (USRI4-0080). Collateral is required with this agreement and will be presented to the Board of
County Commissioners.
Weld County Public Works, Planning Services 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 Regard* Collateral For Improvements", are found to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by
the Board of County Commissioners.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option I. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral Por lnrprnvemepts for USf 14-0080, and that this item be placed on the next regularly scheduled 13OCC
Hearing, as part orate Cots ri%Xgerda.
Seca P. Conway
Mike Freeman, Pro-Tem
Scott K. lames
Barbera Kirkmeyer, Chair
Steve Moreno
07/t0
Morove
fSs udulc at Regular
Recommendation_ DQCC_ ti1Wog Item NZ"ummmu:
cc:Pw(TJIEP), PLC KR/C Co)
OCS/O7/ 19
2019-2620
PLQ,-.1Va
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Waste Management of Colorado, Inc — USRl4-0080
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THIS AGREEMENT "Agreement" is made this �O _ day of 2019, by and between
Waste Management of Colorado, Inc., a corporation organized under th taw f the State of Colorado,
whose address is 1001 Fannin St., Suite 4000, Houston, 77002, hereinafter referred to as "Property Owner,"
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 1 150 "O"
Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
A portion of Sections 26 and 35, Township 3 North, Range 64 West and a
portion of Sections 2 and 11, Township 2 North, Range 64 West of the 6.
P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of USR 14-
0080, and
WHEREAS, Property Owner acknowledges that the final approval of USR14-0080 is conditional
upon Property Owner's funding and/or construction of the Off -Site Improvements, hereinafter defined, and
road maintenance described in this Agreement and depicted in the exhibits, which shall be submitted by
Property Owner and reviewed for approval by County, and thereafter fully incorporated into this
Agreement, as follows:
Exhibit A — Phased Off -Site improvements Costs of Construction (to be attached per section B.1. l ),
Exhibit B — Phased Off -Site Improvements Constriction Schedule (to be attached per section B.1.1),
Exhibit C — Construction Plans (to be attached per section B.1.1),
Exhibit D — Plat Map (recorded simultaneously with this Agreement),
Exhibit E — June 29, 2018 Letter Agreement and
WHEREAS, Property Owner acknowledges they may only operate in compliance with USRl4-
0080 and the schedule as outlined in the exhibits.
WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
Sec. 23-2-290, the failure to commence construction of the improvements outlined herein within the defimed
timeline, may result in the revocation or suspension of USRI4-0080, upon consideration and order of the
Board of County Commissioners, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for Ot≥:-Site
Improvements required by this Agreement when the Board of County Commissioners approves this
Agreement.
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NOW, 'THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
PAwr 1. SITE SPECIFIC PROVISIONS
A. jtmmediateOf&Site ]lmnravemeab tto be constructed prior to aneratloak The Property Owner
shall be responsible for the construction of certain off -site safety improvements ("Off -Site Improvements")
identified in the USR hearing Resolution, which may include, but are not limited to: construction of
adequate turning radii of sixty (60) feet (the existing turning radii from the main entrance road to the
unmaintained ROW is considered adequate and no construction is necessary) at the main entrances and
exits which extend into county road ROW connecting to the county road system, and off -site drainage and
signage installations, as indicated on the accepted Exhibits. 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. Adequate tracking control currently is in place by way of the existing graveled
entrance road and the paved unmaintained ROW.
B. Phased Of -Site improvements: The following Off -Site Improvements shall be constructed in
phases as described in this Agreement: Design, right -of way, and construction of a left deceleration lane on
County Road 18 to Market Street.
1.0 Road Improvements Retiponsibilities. In regard to the tum lane, Property Owner is responsible for
all the off -site designated improvements as described in this Agreement. These responsibilities may include
but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary,
dedication of ROW, if necessary, 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. Property Owner will be responsible for its proportional share of costs associated with
construction of the left deceleration lane on Country Road 18 to Market Street. Proportion share of the
Improvements are described in Exhibit E. Exact costs of construction will be determined at the time of
construction. Costs estimates in Exhibit E are only to provide guidance to the Property Owner, and Weld
County as to what is required for collateral at this time. Property Owner shall obey all applicable regulations
issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. The overlay will
be designed and managed by the county and the Property Owner will pay the proportional share. The
phased road improvements shall be completed according to the following deadlines:
1.1 Complete design documents shall be submitted to the Weld County Department of Public
Works for review, comment, and approval, no later than December 31, 2020. The design documents
shall include:
1.1.1 Costs of Construction (to be incorporated as Exhibit A)
1.1.2 Construction Schedule (to be incorporated as Exhibit B)
1.1.3 Construction Plans (to be incorporated as Exhibit C)
1.2 Property Owner shall incorporate all comments by Public Works' staff and submit updated
design documents within three weeks of receipt of such comments. Property Owner shall submit
collateral in an amount approved by Public Works' staff for acceptance by the Board of County
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Commissioners in accordance with this Agreement. Project collateral is required as a part of this
agreement for the turn lane on CR 18. A preliminary cost estimate was provided by Waste
Management. At the time that the construction design is approved, the collateral amount may need
to be adjusted to cover costs of the project.
1.3 If necessary, Property Owner shall acquire, at its sole expense, any additional ROW as
necessary to complete the improvements no later than December 31, 2020.
1.4 Property Owner shall substantially complete construction of the phased road improvements
no later than December 31, 2021.
1.5 Property Owner shall finally complete construction of the phased road improvements no
later than December 31, 2021, which shall begin the warranty period as described in this
Agreement.
2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified
in Exhibit A 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 on Exhibit A. If more than three (3) years have passed since the last construction cost estimate was
provided, the Property Owner shall provide an updated construction cost estimate prior to the start of
construction.
3.0 Construction Schedule Exhibit. Exhibit B is provided by the Property Owner indicating the
construction schedule for all Off -Site Improvements, including an anticipated completion date. Property
Owner shall not commence construction of any improvements, record plat, or receive any permitting prior
to approval of this agreement, Exhibit C (Construction Drawings), receipt of the appropriate Grading
Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all
improvements in accordance with Exhibit B in order to request the warranty period begin. In the event
that the construction schedule is not current, the Property Owner shall submit a revised construction
schedule.
4.0 Off -Site Improvements Collate. 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.
5.0 ha -Built Plans, "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once the Property Owner has completed improvements as described in Part ILB,
Subsection 3.23, of this Agreement. Property Owner 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.
6.0 Property Owner is responsible for 100% of the costs of engineering, design, surveys, utility locates,
acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW Permits and Access Permits, and
if necessary, relocation of utilities as required by the project. Property Owner is responsible for its
proportional share ("Proportional Share") of the costs of construction, which is 58%, as defined in the
attached Exhibit E. This 58% is the total cost for Waste Management for the work outlined in Exhibit E,
this is for both USR 14-0080, USR 966 and MUSA 15-002. Future projects will be evaluated independently
as necessary. Exact costs of construction will be determined at the time of construction. Costs estimates in
Exhibit E are only to provide guidance to the Property Owner, and Weld County as to what is required for
collateral at this time.
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C. Future Off -Site improvements;
1.0 Property Owner shall be responsible for its Proportional Share of the asphalt pavement overlay on
County Road 59 and County Road 18 from the site access to Market Street once the County determines an
overlay is required. Payment by the Property Owner will be due by the end of the first calendar quarter of
the year following completion of the road replacement.
2.0 Waste Management's Proportional Sham of improvements is 58%
UaaVTruvel Routes: The Property Owner shall be financially responsible for its Proportional Share of the
County's costs associated with maintaining and/or improving designated "haul/travel routes", as described
below.
1.0 Haul/Travel Routes. The following roads are designated as haul/travel routes for the Property:
I) CR 59 between CR 18 and the access to the site, and
2) CR 18 between CR 59 and Market Street
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 59 and travel north -south
for further dispersal. Any County roads used by USR14-0080 traffic may become part of the established
haul/travel routes.
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), Weld County Public Works 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 (l) or more deviations within a 12 -month period shall authorize the County to change the
haul/travel routes designated herein, and provide notice to the Property Owner.
5.0 Haul/Travel Route Signage (if Applicable). 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 facility on the Property and which clearly depict County
approved haul/travel routes.
6.0 No Deviation from Permitted Haul/Travel Routes. Except as authorized by the Board 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 Repair, Property Owner shall be financially responsible for its Proportional Share of excavation,
patching, and pavement repair on haul/travel routes. The amount and extent of repair and paving measures
will be determined by site -specific conditions at the time, in the sole opinion of County personnel. The
County will determine what percent of damage has been created by vehicle traffic to and from the Property.
In the event of a discrepancy, the Property Owner may appeal the determination as to cost to the Board of
Commissioners pursuant to Weld County Code Section 2-4-I0.
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2.0 Need for Immediate Repairs: In the event of damage to a haul/travel rotate by project traffic that
causes an immediate threat to public health and safety or renders the road impassible ("Significant
Damage"), County shall, after inspection, notify Property Owner in writing of such Significant Damage.
Property Owner 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 twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If
such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw
on the Road Maintenance Collateral and use such funds to perform such repair. if Property Owner identifies
Significant Damage prior to receiving notice thereof from County, Property Owner 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).
3.0 Repair of Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures 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 Property Owner in writing that the Off -Site
Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the
need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off -
Site Construction Plans and Cost Estimates to County for review. Property Owner and other USR permit
holders shall be responsible for the completion of the repairs attributable to their activity and/or
improvements on or before December 15 of the year fallowing County's notice of the need for repairs.
3.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportional Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for the
Proportional Share costs. Notification to the Property Owner of the required roadway replacement
will be given as soon as the data becomes available and typically takes place before the end of the
year prior to the start of the replacement project. Payment by the Property Owner will be due by
the end of the first calendar quarter of the year following completion of the road replacement.
4.0 Calculation of Property Owner's Proportions Share of Costs, The County shall notify Property
Owner of County's preliminary determination and assessment of Property Owner's Proportional Share of
costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to
County's final determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Property Owner's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Owner's Proportional Share of costs. The calculation will be determined according to either traffic counts
or a traffic study, or other appropriate method, then application of Proportional Share, as set forth above,
to the total cost(s) of maintenance, repair or improvements as determined by the County.
5.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Property Owner and all other Property Owners and/or Lessees who are required by County to participate in
road improvement/maintenance agreements for the haul routes designated in this Agreement. Asa result of
the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what mad 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.
6.0 Notification. The County shall notify Property Owner of County's preliminary determination and
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assessment of Property Owner's Proportional Share of costs of maintenance, repair, or improvements to
Property Owner's designated haul/travel routes. Prior to County's fmal determination and assessment,
County shall provide Property Owner with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to making a final determination and assessment.
PART 2: GENERAL PROVISIONS
A. Raeineeriae and Construction Reauireaaeata:
1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the improvements identified on the accepted
Construction Plans according to the construction schedule set forth in 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. If necessary, Property Owner agrees to acquire, at its sole expense,
any property interests, such as right-of-way, utility or access easements, necessary to complete the Off -Site
Improvements required by this Agreement. Any rights -of -way to be dedicated to the County shall be
conveyed by appropriate deed, and, after acceptance by the County, recorded in the records of Weld County
Clerk and Recorder. 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 wrists authority of the BOCC and recording.
3.0 Construction, Property Owner shall furnish and install, at its own expense, the improvements
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 Board of County Commissioners, 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. 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 and Property Owner. 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 after prior written notification to Property Owner and 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. 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 Guidelines.
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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. Property Owner shall provide to County collateral to
guarantee all of Property Owner's obligation under this Agreement: (1) Project Collateral is required for
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; and (3) Road Maintenance Collateral
(if applicable) to be kept in place for the life of the permit/project. Collateral acceptance and release is
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. to the event that Property Owner fails to adequately complete
the required improvements, County may, in its sole discretion, access Project Collateral for the
purpose of completing such improvements. It may be 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 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 Property Owner
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.
1.3 Road Maintenance Collateral If required by this Agreement, Road Maintenance Collateral
shall be submitted at the time of approval of this Agreement. Road Maintenance Collateral is held
for use on roads associated with designated haul/travel routes. The submitted amount shall be
$3,600 for developments with paved designated haul/travel routes, or $2,400 for developments with
unpaved designated haul/travel mutes.
2.0 Foam of Collateral. Collateral may be in any form permitted by Chapter 2, Section 3 of the Weld
County Code, as that section may be 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, the Planning Department conducts inspections for on -site
improvements, and the Department of Public Works conducts inspections for 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 from and 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. Road Maintenance Collateral may be
withheld from and at the time of release of Warranty Collateral, or may be submitted separately by
Property Owner.
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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, the Property Owner 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 The Property Owner's Engineer or his representative has made regular on -site
inspections during the course of construction and the construction plans utilized
are the same as those accepted by Weld County.
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.
3.23 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped
and approved by an Engineer registered in the State of Colorado, if an Engineer
was initially required for the project. The Property Owner'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 the County Engineer.
33 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 Off -Site Improvements:
1.0 Acceptance of Off --Site Improvements. Upon completion of the off -site improvements, Property
Owner shall contact the Weld County Department of Public Works 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, Property Owner shall submit to the Weld County Department of Public Works
a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built"
drawings as required in B3.23, 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 the Property Owner 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 Public Works 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
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deficiencies. County personnel shall re -inspect the improvements after notification from the
Property Owner that said deficiencies have been corrected. If the County personnel funds 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.
2.2 Placement of Improvements into Service Prior to County Approval. If approved 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 Property Owner is not in default pursuant to the
terms of this Agreement.
D. Access and Kiaht-of-War Permits:
1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an
access permit has been issued by the Department of Public Works. Public Works 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 V of Chapter 12 of the Weld County Code.
2.0 Right-of-Wav (ROW) Permits. Per Article IV of Chapter 12 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.
E. Enforcement and Remedies:
1.0 Violation of Terms of Agreement, If in County's opinion, Property Owner has violated any of the
terns of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation. Property Owner shall have fifteen (15) calendar days within which to either cure the violation or
demonstrate compliance or, demonstrate that compliance is not possible within fifteen (15) calendar days
and the Property Owner is taking appropriate steps to remedy the matter. If, after fifteen (15) days have
elapsed, County believes in good faith that the violation is continuing, County may consider Property
Owner 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 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 "lock" any or all lots within the Property, which
precludes the continued issuance of building permits, zoning permits, septic permits, or any other
permit issued by any department of the County.
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2.3 Court Action. Upon written 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 County
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 described in Pan II.B of this Agreement for the
purpose of completing improvements required by the Construction Plans.
2.4 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
3.0 Termination of Agreement, This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of
the underlying land use approval under Weld County Code section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR including any clean up
or restoration required. A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Property Owner of cessation of activities, and verified by the
County, cessation shall only be presumed if the County determines that the USR has been inactive
for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty
Collateral unless and until the improvements required by this Agreement are completed or unless
otherwise agreed by the parties in writing.
3.3 execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new property owner or operator who has
purchased the Property or has assumed the operation of the business permitted by the USR, and
intends to make use of the rights and privileges available to it through the then existing USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement, which may be
completed by County after accessing Property Owner's collateral if Property Owner fails to
complete such improvements.
K. General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner 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. In such case, Property Owner's release of its
obligations shall be accomplished by County's execution of a new Improvements Agreement with
the successor owner of the property. Consent to a delegation will not be unreasonably withheld.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
4 400 Pages: R10 of 21
w t 1K oi.,0k k Rw�o�dJ ancia ascot. no
SIN.r�li�rl4fi1I+C��r'I.�IWt�rWt'�li++l�ll4r� 11111
113
transferred, or assigned to any municipalitywhich, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibilityover 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 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.
5.0 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.
6.0 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.
7.0 Attorneys' Fees/Legal Costs, In the event of a dispute between County and Property Owner,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of attomey
fees and/or legal costs incurred by or on its own behalf.
8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and
all liability, loss and damage County may suffer as a result of all suits, actions, or claims of every nature
and description caused by, arising from, or on account of the negligent and/or willful acts of Property
Owner, and pay any and all judgments rendered against the County as a result of the negligent and/or willful
acts of the Property Owner, notwithstanding section 7.0 above. All contractors and other employees
engaged in construction of the improvements by Property Owner 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. Each party is
to bear the cost of its negligent or willful acts.
9.0 Binditut 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.
10.0 Authority to Sinn 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 patty represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
400$400 Moses: 11 of 21
e ifit74p 1,03 0r2k amend Rq en: • . county.liPAININVIK10444istillstiOniki II
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if 13
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 teens. If requested by the County, Property
Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement
within five (5) days of receiving such request.
11.0 Acknowledgment, County and Property Owner 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. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the
event of a discrepancy between this agreement and the Weld County Code in effect at the time of the
agreement, the terms of the Weld County Code shall control.
450/401 Pages: 12 of 21
07 /11//2110 0302 Pty RI Pr $0. a eouner, co
VIII t1 11 MAiiiW1P4tI�� Iti rN 1��Yr�6l��PR�YIr II
Page 12 of 13
PROPERTY OWNER:
WASTE MANAGEMENT OF COLORADO, INC.
By:
James A. Wilson, Vice President
LESSEE (IF APPLICABLE):
By:
Name:
Title:
STATE OF ILLINOIS
COUNTY OF DUPAGE
) SS:
Date
Date M
OFFICIAL SEAL
VIDYA SHIRISH DARSHANE
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES.10/21/19
1, the undersigned, a Notary Public in and for said County and State, do hereby certify that James
A. Wilson, personally known to me to be a Vice President of Waste Management of Colorado, Inc. and
personally known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that he signed and delivered the said instrument
as Vice President pursuant to authority given by the Board of Directors of said corporation as his free and
voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes set forth
therein.
WITNESS my hand and official seal.
(i
Notary Public
My commission expires: 10i 1/ 2 0 / q /
WELD COUNTY: CCdd �,1 tL
ATTEST: dirdim) G: ,aC�L;6k,
Wel t . Clerk to the : : rd
B
Deputy rj to the
45040@ Pogpo� t 13 of 21
Carlee.a0es,0Clerk and Recorder. Weld County, CO
BOI : tir�tF�OLtH�Riti fiatIMEMisi�IIII
BOARD OF COUNTY COMMISSIONERS
W; D COUNTY, COJORADO
arbara Kirkmdyer, Cha�.r
rJUL
11 f 13
This Letter is Exhibit E and includes Exhibits A and B (see chart below)
WARTt MANAltAMtNT
Energy Services
June 29, 2018
Evan Pinkham
Development Review Planner
Weld County Public Works
1111 H Street, PO. Box 758
Greeley, CO 80632
(970)400-3727
WASTE MANAGEMENT OF COLORADO, INC.
6500 South Quebec Street, Suite 260
Greenwood Village, CO 80111
(303) 486-6063
(303) 341-6316 Fax
vyww.wmsolutlons.com
RE: Waste Management Improvements & Road Maintenance Agreement Cost Estimate and
Construction Schedule for Buffalo Ridge Energy Services Facility Improvements under
Waste Management of Colorado, Inc. - USR-14-0080
Mr. Pinkham,
This letter shall serve as the official notice of the Waste Management Improvements & Road
Maintenance Agreement Cost Estimate and Construction Schedule for Buffalo Ridge Energy
Services Facility Improvements under Waste Management of Colorado, Inc. - USR-14-0080.
Provided below is our outline of both, and we are requesting this letter/memo be officially
amended into the final Improvements & Road Maintenance Agreement for the Buffalo Ridge
Energy Services Facility Improvements under Waste Management of Colorado, Inc. - USR-14-
0080.
The following table presents the estimated costs and schedule for the Deceleration/Turn lane
from Weld County Road 18 onto Market Street, and for the Asphalt Overlay of a 2.5 Mile section
of Weld County Road 59 and Weld County Road 18.
A B
Improvements
improvements & Road Maintenance Agreement Cost Estimate and
Construction Schedule for Buffalo Ridge Energy Services Facility
under Waste Management of Colorado, Inc. - USR-14-
O080 _
Estimated
Costs
WM
Estimated
Responsible
Pe rce ntage
WM Dollar
Amount
Date
to
Completed
Work
be
By
rum/Deceleration Lane from WCR 18 to Market St
Design and Permitting
$30,000
100%
$30,000
12/31/2020
Right of Way (ROW)
550,000
100%
SSd,000
12/31/2020
Utilities
$50,000
100%
SS0,000
12/31/2021
Construction
S750,000
5896
$435,000
12/31/2021
Overlay
for WCR 59/18
5 inch Overlay - 2.5 Mlles
$1,125,000
58%
$652,500
12/31/2021
Contingency
1096
Contingency
10096
5121,750
12/31/2021
Total _
S21005)000
WM Total
,t&339,230
Upon
I
Acceptance of
Retardingolthe
WM to Provide Collateral on Project
via Bond
*ft,ri'emt„t
Note: WM will share in the se cos t% 'proportionally to utilization' as discussed with Ward
County The Mt is just an estimate to determine an approximate collateral amount.
based on 2015/7017 Tralk Studies
4506400 Pages: 14 of 21
07/17/2019 03:02 PM R Fnn:$0.00
Carl*, Kopp**. Clark and Racorder. Wald County. CO
PlaN ?I Vt! e,4 11 li t
020/ 9-02loo2_v
As the above table shows, Waste Management plans to complete Turn/Deceleration Lane
design, permitting, and right-of-way acquisition in 2020, at an estimated cost of $80,000. In
2021, Waste Management plans to complete utility work at an estimated cost of $50,000.
Additionally, in 2021, Waste Management plans to complete construction of the
Tum/Deceleration Lane and the Overlay for the estimated cost of $1,875,000, of which Waste
Management will participate in costs proportional to its use.
Please let us know what else you may need to continue to move towards finalizing the Waste
Management Improvements & Road Maintenance Agreement Cost Estimate and Construction
Schedule for Buffalo Ridge Energy Services Facility Improvements under Waste Management
of Colorado, Inc. - USR-14-0080.
Sincerely,
7
Jason T. Chan
Director Energy Services
Waste Management of Colorado, Inc
Cc: WM Files
4508400 R•
Pages: 15i S� 00
1
07/17/2019 03:02
III
Carly KOQQ/• Clerk and Recorder Wald Cotrty CO
$U1WI'ttWc?.S? ��,�
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DEVELOPMENT 9TAtCI,i *
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Bond Number: 82440823
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that (name) Waste Management of Colorado, Inc.,
(address) 11655 Weld County Road 59, Keenaburg, CO 80643, a (corporation, limited
liability company, etc.) Corporation, organized under the laws of the State of Colorado,
with its principal office located at (address) 11655 Weld County Road 59, Keensburg, CO
80643, hereinafter called "Principal", and (name of surety) Federal Insurance Company, of
(address of surety) 2028 Hall's Mill Road, Whitehouse Station, NJ 08889, hereinafter
called "Surety" are held and firmly bound unto Board of County Commissioners of Weld
County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the
full and penal sum of One Million Three Hundred Forty Two Thousand Eight Hundred Fifty
and 00/100 Dollars ($ 1,342,850.00), 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 (insert the specific permit and number - USR, SPR etc)
USR14-0060 , and pursuant to the requirements of said permit, has entered into an
Improvements Agreement, dated , with Obligee, and
WHEREAS, The Improvements 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 One
Million Three Hundred Forty Two Thousand Eight Hundred Fifty and 00/100 Dollars, ($
1,342,850.00), and
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 Obilgee 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
Obilgee 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;
PROVIDED FURTHER, that Surety, for value received hereby stipulates 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 1st day of Au ust, 2018.
Waste Management of Colorado, Inc.
Principal
Principal Secretary/ktiess
Bianca Phillips
(SEAL)
Wit d as to Szsrettyy Deen
5555 San Felipe, Suite 1500
Address
Houston, TX 77065
Address
By(
Title Misty
(INSURANCE COMPANY NAME)
EederaInsurance Compan
-Fact
Melissa Fortier, Attorney -in -Fact
5555 San Felipe, Suite 1500
Address
Houston, TX 77065
Address
IMPORTANT: Surety company executing bond must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the
State of Colorado.
Bond must be accompanied with Attorney -in Fact's authority from the surety company
certified to include the date of the bond.
POWER OF ATTORNEY
KNOWN ALL KEN BY THESE PRESENTS that Waste Management, Inc. and each
of its direct and indirect majority owned subsidiaries (the "WM Entities"), have constituted and
appointed and do hereby appoint KD Cotes, Vanessa Dominguez, Melissa Fortier, Michael J.
Herrad, Jennifer L. JakRitir, Patricia A. Rambo, Wendy W. Stuckey, Amy Sustain, Nancy
Thomas, Lupe Tyler, Susan A. Welsh, Donna Williams, and Misty Wright of Aon Risk Services,
Inc., each its true and lay/1'u! Attorney -in -fact to execute under such designation in its name, to
affix the corporate seal approved by the WM Entities for such purpose, and to deliver for and on
its behalf as surety thereon or otherwise, bonds of any ofthe following classes, to wit:
1. Surety bonds to the United States of America or any agency thereof, and lease and
miscellaneous surety bonds required or permitted under the laws, ordinances or
regulations of any State, City, Town, Village, Board or any other body or
organization, public or private.
2. Bonds on behalf of WM Entities in connection with bids, proposals or contracts.
The foregoing powers granted by the WM Entities shall be subject to and conditional upon the
written direction of a duly appointed officer of the applicable WM Entity (or any designee of any
such officer) to execute and deliver any such bonds.
The signatures and attestations of such Attorneys -in -fact and the seal of the WM Entity maybe
affixed to any such bond, policy or to any certificate relating thereto by facsimile and anysuch
bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the applicable WM Entity when so affixed.
IN WITNESS WHEREOF, the WM Entities have caused these presents to be signed by
the SVP, Chief Financial Officer and Treasurer and its corpo seal to be hereto affixed. This
power of attorney is in effect as of � I,t- t c t I , 201
Witness:
On behalf of Waste Management, Inc. and
each of the other WM Entitic8
0.�
cat,
Devine A. Rankin
SVP, Chief Financial Officer and Treasurer
GHUBB
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know AR by Thaw Proem Thar FEDERAL R SURANC$ COMPANY, an Indiana corporation, V DELANY INNSRANCE COMPANY. a New York oorporatWo. and r cd
a n COi1 PANY; a who. ctayor on, do oath hereby txN uOe and Vanessa Dominguez, Maisu Fortier, J. Harrod,
Wendy W= Stuckey, LUpe Tyler, Lisa A Ward, Donna L. Mama and Misty Wright Houston Texas
each as their true and lawful Attome ednn•Fact to execute under such designation ht their names and to aebt thetr corporate rata m and deliver far and m their behalf ere sttrety
'laments
heor therwise, bonds and undertakings and other writings olrllga[ary in the nature ereof (ocher than ball bones) given tom;
exectued W the course of business, and any
i a ments amendtngor altering the same, and consents tothe modification or akemtion arty Instattment referred m in said.. or obligations.
1n Whiten Whereof. said FEDERAL MIURA= COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INOR QlnT COMPANY have each executed and attested these
presents and affixed their corporate seals on thee day of March. ]017.
tv
Ikwn1 yl,t_hkx'rr.:Vmt.:intSecretary
4dphm kl Haney. Vice President
STATE OF NEW JERSEY
County of Hunter..
Cm rids firt day oFMatch, 7017 before >ce, a Norary Public of New Jersey. persmally one Dawn M. Chlott)s, m me (mown [o be Assistant Secretary of FEDERAL INSURANCE
CAMPA.VY, VIGILANT INSURANCE COMPAY, and PAC�IC INDEMNITY COMPANY, Ote companies wltirL executed the faegoing Power of Attorney, and rite said Dawn M.
Chloral. being by me duly sworn rill depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed m the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority: and that she Is acquainted with Stephen M.
Haney. and knows him m be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is m the genuine handwdting of
Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponents presence.
Notarial Seal
NAlittuEJ.ACeIMIR
NOTARY /11511CCI N[W ,lN5aY
Ca11MIWNNt•118�Iwa.Yy I5, 7015
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
RESOLVED. that ricefo5owingauthonfr domrelatemthe me ion. farandnn behalf acheCompany. ofbonds. undo p. rbA Wlces.contaetts and other written comma...the Company
entered into In the ordinary cause of buNness (each a'writen Comminmtt?•
CO Earn of the Chalmcn. the President and e eke Presidents of the Comm, b he.Y authorized to execute any Written Commllmenl Mr and on behalfa the Comp. , under the
®I ofthe CanganY orothvxtte. t
(2) Each duly appointed attarneybrfact of the Company b hereby audnodaed m exmde any Written Cammmhten[ for and a1 Ecnif of the Company, under the seal of the Gnmhrstty a
athenvbe. to the extern thu such salon is aunhoriz d by rite grant ofpowers provided forin lurid persott'swrhtmapPohtmrent as such attorney-InfaR
Fadfi of the Ciafrnnta ate Presdent and Me Vke Ikeslderns of [he Company is hereby author)add,for ardor behalfoftleeCmrpnry. to appoitt in wrilhig any person the tmanhey-
m-faa of die Company wIN fu5 power ardauthorNy roexetvte, for and on behalfofthe Company, under the seatoftdeCompanyorotnrwbe.surh Written Cgmmmrterhbafthe
Company ere may be spelt ed in such written appointment which sped6r . may be by general type.... of Written Commitments or by specific.. of one or more P...
WrHten Cannnintems.
kb Ea. of the chairman. Me Pr.., and the Yee Preidenta of tie Company lx hereby melonKed for and on WM%oft. company. m ttiawo a In wdtlng to any crier oaken,.
CompanyS seal Or attenvabC such Written Conudibnelrs of lie Comtpury ere are specified U snub
,c,=====',=== Comrmtments 1- byspeclfl 1,1 ofocemmorepamadarwnnen Cammtmrertts
(5)
Theslgnamreafarryocherormherpersoneaa:utnganyS aen Comnfir or appointment or delegation pursuant tothis..ydon. and the seal of the Company, may be arced by
Faoimlle onsuch Written Commemmtorrrrltten appoltnonmrordeingaton
cot bedLwnedro be an exdtmive stsmment of rte Wwersasd aut=.1,oNloss,empbyeesandoterpersonstoaaforandonbehalfof
,=.:711:11==`,1:11.1 arert Ire exerdae ofany lurid power ur autMrlty otherwlaavatNy granted arvetcd'
I, Dawn M. Chlorns, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies" do hereby
certify that
(1) the Foregoing Resctudorrs adopted by rite Board of Dtrectors of tfie Companies are true, mrrea and in fdl force and effect.
p0 the Companies are duly Bard and authorized to ct surety hushress in aE 50 of the Untied States of America and the Hui of Columbia and are
authorized by the u.S. Trl�npy Department, further, Federal and vigilant are licensed in the U.S. v. 'stands, and Federal Ls Licensed In Guam, Puerto and_
and each of the provinces of Canada except Prince Edward Island and
(W) the foregoing Power of Attorney is .e, correct and in full force and effect. n �
Given undermy hand and seals of said Companies at Whitehouse Station, NJ, this ACAP (,4.N+ 1, ..oj .
1 d F
f/
IN THE EVENT YOU WISH TO NOTIFY 49 OP A CLAIM, VERNYTHE Mitt RCY11:mm.7'10S fi0 D°'NOTIPYPA
rein newapsati 3.40 Pat., NOW 3855 c i stNeqgdashNrnm
Farm 15.10- 02260- U GEN CONSENT (rev 12.16)
Itom Al (:lbns AssistantSecretary
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