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MEMORANDUM
TO: Clerk to the Board
DATE: September 30, 2025
FROM: Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Decrease in Collateral for
Improvements and Road Maintenance Agreement For:
Henry Frank, LLC —1AMSPR23-03-362
Request to Approve Decrease in Collateral for Improvements and Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, Henry Frank, LLC, requesting
that the Board of County Commissioners consider approving the decrease in collateral for Improvements and
Road Maintenance Agreement for (1AMSPR23-03-362). Project Collateral was provided in the form of
Performance Bone #7445737 issued by Old Republic Surety in amount of $109,056.88. The applicant is
seeking approval to decrease the collateral to the Warranty Collateral amount of $16,358.53 through the form
of a Bond Rider to be attached to the original bond. All required work has been inspected and accepted. The
Warranty Collateral is required to be retained for the duration of the two-year warranty period.
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 items on Exhibit C, of the Improvements Agreement According to Policy Regarding
Collateral for Improvements Document Tyler #2024-1853, have been completed and are found
to be acceptable.
Weld County Collateral List:
Frank, Henry, LLC
(PL2520, #2024-1853) AMSPR23-03-362, Improvements and Road Maintenance Agreement,
Approved 7/8/2024
Performance Bond #7445737, Old Republic Surety, $109,056.88
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending
approval of the decrease in collateral for Improvements & Road Maintenance Agreement According To Policy
Regarding Collateral For Improvements for 1AMSPR23-03-362, and that this item be placed on the next
regularly scheduled BOCC Hearing, as part of the Regular Agenda.
cc: Dawn Anderson, Planning Services
2025-2779
10/(3 PL25Z O
SURETY RIDER
D OLD REPUBLIC SURETY COMPANY
OLD REPUBLIC INSURANCE COMPANY
BITUMINOUS CASUALTY
OLD REPUBLIC GENERAL INSURANCE CORPORATION
TO BE ATTACHED TO AND FORM PART OF
Performance Bond Bond Number 7445737
(Type of bond)
IN FAVOR OF Board of County Commissioners of Weld County, Colorado, on behalf of Weld County, Colorado
(Obligees)
ON BEHALF OF Henry Frank, LLC
(Principal)
EFFECTIVE April 29th, 2024
(Original Effective Date)
IT IS AGREED THAT, in consideration of the original premium charged for this bond, and
any additional premium that may be properly chargeable as a result of this rider,
1. The Surety hereby gives its consent to:
INCREASE
DECREASE
0 CHANGE THE EFFECTIVE DATE
CHANGE THE NAME OF THE PRINCIPAL
0 CHANGE THE ADDRESS OF THE PRINCIPAL
Ei CHANGE THE EXPIRATION DATE
XI OTHER Warranty Collateral in the amount of $16,358.53
(of) the attached bond
FRON: Henry Frank, LLC
To: Board of County Commissioners of Weld County, Colorado, on behalf of
Weld County, Colorado
EFFECTIVE: September 24th, 2025
2. PROVIDED, however, that this attached bond shall be subject to all its agree-
ments, limitations, and considerations except as herein expressly modified, and that the
liability of the Surety under the attached bond and under the attached bond as changed by
this rider shall not be cumulative.
3. Signed and sealed this Twenty-fourth day of September
ACCEPTED BY:
Old Republic Surety Company
2025
ByPerry L Buck Lo7,.a •Valerie J. Mathiason
Chair, Board of Weld County Commissioners
SURETY
ORSC 22381 (1/93)
**
* *
* oib REPUBLIC SURETY COMPANY
* * *
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
RAE L. CAMPBELL, DAVID M. JANSSEN, VALERIE J. MATHIASON, STELLA R. FERRIS, DIANA VIGIL, ANDREA WRIGHT, SEAN M. PENNY, ANDREW
FRITZLER, KIRK MALCOLM, OF JOHNSTOWN, CO
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliver and
affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers
compensation bonds guaranteeing payment of benefits or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and
sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on
February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 11TH day of SEPTEMBER, 2025.
Assistant Secretary
.` �trne
440
to*tOA0 r. c c
SEAL I
kS Per 7tti
st
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS *es President
OLD REPUBLIC SURETY COMPANY
On this 11TH day of SEPTEMBER, 2025 personally Alan Pavlic and
ersonall came before me,
Kevin J Abitz , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
CERTIFICATE
•
Notary Pub$c
My conunission expires: 9/28/2026
(Expiration of notary commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in
force.
40-4216
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Signed and sealed at the City of Brookfield, WI this a ligh day of
aDa5.
Assistant Secretary
22851-W
PFS INSURANCE GROUP, LLC
POAORS 102020
tr
Ct F
Entity Information
Entity Name*
HENRY FRANK LLC
Entity ID*
@00048121
Contract Name* Contract ID
REDUCTION OF COLLATERAL RELATED TO 9967
IMPROVEMENTS AND ROAD MAINTENANCE
AGREEMENT lAMSPR23-03-362 HENRY FRANK, LLC Contract Lead*
Contract Status
CTB REVIEW
O New Entity?
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weld.go
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description"
REDUCTION OF COLLATERAL RELATED TO IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT 1 AMSPR23-
03-362 HENRY FRANK, LLC REDUCE PROJECT COLLATERAL OF $109,056.88 TO WARRANTY COLLATERAL IN THE
AMOUNT OF $16,358.53 PROCURED IN THE FORM OF A BOND RIDER TO BE
Contract Description 2
ATTACHED TO THE ORIGINAL BOND ISSUED BY OLD REPUBLIC SURETY
Contract Type*
AGREEMENT
Amount*
$16,358.53
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-Planning@weld.gov
Department Head Email
CM-Planning-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 10/09/2025
10/13/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
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
Contact Info
Review Date*
10/13/2026
Committed Delivery Date
Renewal Date
Expiration Date*
10/13/2027
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DAWN ANDERSON
DH Approved Date
10/02/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Finance Approver
RUSTY WILLIAMS
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
10/02/2025 10/02/2025
Tyler Ref #
AG101325
Originator
JTRUJILLOMARTINEZ N EZ
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