HomeMy WebLinkAbout20212928.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR ROAD AND INTERSECTION IMPROVEMENTS AT
COUNTY ROAD 18 (AKA COUNTY ROAD 59) AND MARKET STREET NEAR
KEENESBURG, COLORADO, AND AUTHORIZE CHAIR TO SIGN -
VARIOUS ENTITIES
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 has been presented with an Agreement for Road and Intersection
Improvements at County Road 18 (aka County Road 59) and Market Street near Keenesburg,
Colorado, among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works,
Waste Management of Colorado, Inc., Colorado Sand Company, LLC, Lambland, Inc., dba
A-1 Organics, Inc., Greeley Green Energy, LLC, and the Town of Keenesburg, commencing upon
full execution of signatures, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Road and Intersection Improvements at County
Road 18 (aka County Road 59) and Market Street near Keenesburg, Colorado, among the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, Waste Management of Colorado, Inc., Colorado
Sand Company, LLC, Lambland, Inc., dba A-1 Organics, Inc., Greeley Green Energy, LLC, and
the Town of Keenesburg, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
Cc: P.i(,zM/cH/ER)
9t� /22
2021-2928
EO0079
AGREEMENT FOR ROAD AND INTERSECTION IMPROVEMENTS AT COUNTY ROAD 18
(AKA COUNTY ROAD 59) AND MARKET STREET NEAR KEENESBURG, COLORADO -
VARIOUS ENTITIES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddthAlGl
Weld County Clerk to the B
Deputy Clerk to t
APP' 0 - D AS
ounty A orney
Date of signature:I°17
Z
Steve oreno, Chair
S-• mes, Pro -
Perry
L. B ' k
Mike Freeman
Lori Saine
2021-2928
EG0079
Mariah Higgins
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Good afternoon
Elizabeth Relford
Tuesday, June 7, 2022 1:56 PM
CTB; Bruce Barker
Jay McDonald; Curtis Hall; Dawn Anderson; Don Dunker
Agreement for Road and Intersection Improvements at WCR 18/59 (20212928)
CTB Memo WM IGA 20212928 6.7.22.pdf
Follow up
Flagged
Please replace the file for 2021-2928 with this attachment as part of the official record. The parties recognize this
agreement as executed and will proceed accordingly with payment. Please do not hesitate to reach out if you have any
questions regarding this file.
Thanks,
Elizabeth Belford
Deputy Director
Weld County Public Works
1111 H Street
PO Box 758
Greeley, CO 80632-0758
Email: erelford@co.weld.co.us
Office: (970) 400- 3748
Cell: (970) 673-5836
Web: http://www.co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
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MEMORANDUM
TO: Clerk to the Board (CTB)
DATE: June 7, 2022
FROM: Elizabeth Relford, PW Deputy Director
SUBJECT: Agreement for Road Improvements at
CR 18 & Market Street, Keenesburg (2021-2928)
The improvements agreement approved on October 18, 2021, involved a partnership
between Weld County, Waste Management, A-1 Organics, Colorado Sand, Greeley
Green Energy, and the Town of Keenesburg for the cost share of overlay improvements
on CR 59 and intersection improvements at CR 18 & Market Street.
To date, Weld County has completed the overlay of WCR 59 and collected the
proportional shares committed by the participating agencies, except for Greeley Green
Energy.
The IGA has not been executed because Greeley Green Energy is unwilling to sign.
However, the parties who have signed would like the intersection project to move
forward. Greeley Green Energy has annexed this parcel into the Town of Keenesburg.
Keenesburg wants to see this project advance too and is in support of the intersection
improvements proceeding. The Keenesburg Town Board passed a resolution on June 6,
2022, agreeing to pay Greeley Green Energy's proportional share in addition to their
proportional share. Please see the attached resolution.
Therefore, so Weld County can contribute the budgeted $1,289,000 for the CR 18 &
Market Street intersection improvements, the companies who have signed the
agreement recognize it as executed and will proceed accordingly with their proportional
share payments to Waste Management. Waste Management is the fiscal agent of the
project and as a result will invoice the parties for their proportional shares for
reimbursement. The County Attorney and Public Works agree with the companies and
recommend the Board of County Commissioners approve and authorize the Chair's
signature on the agreement.
Waste Management is the lead agency on constructing the improvements, which are
anticipated to begin in August.
The Town of Keenesburg agrees to annex all remaining portions of the intersection and
WCR 59 upon completion of the project.
Any project questions should be directed to me at (970) 400-3748 or
erelford@weldgov.com.
RESOLUTION NO. 2022-51
A RESOLUTION APPROVING CONTRIBUTIONS TOWARD MARKET STREET
INTERSECTION IMPROVEMENTS
WHEREAS, the Town is a party to a multi -party Agreement for Road and Intersection
Improvements at WCR 18/59 Near Keenesburg Colorado dated October 18, 2021, pursuant to which
Weld County is making a significant contribution toward intersection improvements at Market Street
and WCR 18; and
WHEREAS, the terms of the Agreement require the Town to annex WCR 18/59 by
December 31, 2022, after which annexation this intersection will become part of the Town's roadway
system; and
WHEREAS, all parties have signed the Agreement with the exception of Greeley Green
Energy ("GGE"); and
WHEREAS, time is of the essence for completing these intersection improvements in the
2022 construction season prior to the Town annexing the roadways; and
WHEREAS, Weld County has agreed to move forward with the intersection improvements
as scheduled if the Town agrees to pay the share of costs allocated in the Agreement to GGE, in
addition to the Town's cost allocation; and
WHEREAS, these intersection improvements are regional in nature, and the improvements
are needed to facilitate future development in that area, not to remedy an existing capital facility, and
will therefore be included in an update to the Town's Impact Fee Study so that impact fee calculations
will reflect contributions of future development toward these intersection improvements; and
WHEREAS, the Town Board of Trustees finds this Agreement provides an opportunity for
these intersection improvements to be constructed at a cost much lower than would otherwise be
included in the Impact Fee Study, resulting in lower impact fees to be paid by future development
within the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF KEENESBURG, COLORADO:
Section 1. The Town Board hereby authorizes Town staff to pay that portion of costs
allocated to GGE in the Agreement for Road and Intersection Improvements at WCR 18/59 Near
Keenesburg Colorado in the estimated amount of $56,775, in addition to the Town's estimated
contribution of $56,775, for a total estimated contribution of $113,550.
INTRODUCED, READ, and ADOPTED this 6`" day of June, 2022.
TOWN OF KEENESBURG, COLORADO
4r
u G� n I.
2
Kenneth Gf er, Mayor
AGREEMENT
FOR ROAD AND INTERSECTION IMPROVEMENTS AT WCR 18/59
NEAR KEENESBURG, COLORADO
-t-h
THIS AGREEMENT ("Agreement") is made and entered into this J day of
bee , 2021, by and among the County of Weld, a political subdivision of the State of
Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado
whose address is P.O. Box 758, 1150 "O" Street, Greeley, Colorado 80632, hereinafter referred
to as "Weld County;" Waste Management of Colorado, Inc., whose address is 11655 Weld County
Road 59, Keenesburg, CO 80643, hereinafter referred to as "Waste Management;" Colorado
Sand Company LLC, whose address is 2001 Kirby Drive, Suite 360, Houston, TX 77019,
hereinafter referred to as "Colorado Sand;" Lambland. Inc., d/b/a A-1 Organics, Inc., whose
address is 12002 Weld County Road 59, Keenesburg, CO 80643, hereinafter referred to as "A=1
Organics;" Greeley Green Energy LLC, whose address is 3459 W. 20. Street, Suite 222, Greeley,
CO 80634, hereinafter referred to as "Greeley Green Energy;" and the Town of Keenesburg, a
municipal corporation of the State of Colorado, by and through its Board of Trustees, whose
address is 91 W. Broadway Avenue, Keenesburg, CO 80643, hereinafter referred to as
"Keenesburg." The corporations and entities listed above are referred to herein individually as
"Party," and are collectively referred to herein as "the Parties."
WITNESSETH:
WHEREAS, at present, Weld County has jurisdiction of Weld County Road ("WCR") 18,
from its intersection with Market Street northward as it curves and becomes WCR 59 and intersects
with WCR 20, hereinafter referred to as "WCR 18/59," and
WHEREAS, Keenesburg intends to annex WCR 18/59 (the "Annexation") after the
improvements detailed herein are completed, and
WHEREAS, the improvements to WCR 18/59 will include an asphalt pavement overlay
("Overlay") and the construction of certain improvements to the intersection of Market Street and
WCR 18 shown in the attached Exhibit "A" ("Intersection Improvements"), and
WHEREAS, the Overlay construction will be performed by Weld County and its cost will
be shared equally by Weld County, Waste Management, Colorado Sand, A-1 Organics, and
Greeley Green Energy, and
WHEREAS, pursuant to an Improvements and Road Maintenance Agreement dated July
10, 2019, between Waste Management and Weld County and recorded in the Weld County Office
of the Clerk and Recorder on July 17, 2019 at Document Number 4506400 ("2019 IA", attached
hereto, incorporated and marked Exhibit `B"), Waste Management is obligated to construct certain
Off -Site Improvements, identified as the Intersection Improvements herein, with financial
contributions paid by entities who will be using such Improvements, and
WHEREAS, Weld County agrees to pay the sum of $1,289,000 toward the Intersection
Improvements, and
2021-2928
WHEREAS, this Agreement is intended to memorialize the understandings and
expectations of the Parties with respect to the Overlay and the Intersection Improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties agree as follows:
1. TERM: The term of this Agreement shall be from the date first written above to and until
such time as the Overlay, Intersection Improvements, and the Annexation are completed.
2. OVERLAY AND PAYMENT OF COSTS: The application of the Overlay will be
performed by Weld County in the months of August through September, 2021. Weld
County estimates the total cost for the Overlay will be approximately $750,000 ("(verlav
Cost"). Weld County, Waste Management, Colorado Sand, A -1 Organics, and Greeley
Green Energy each agree to pay twenty percent (20%) of the Overlay Cost, which twenty
percent (20%) is estimated to be $150,000. Weld County will invoice Waste Management,
Colorado Sand, A-1 Organics, and Greeley Green Energy for their respective contributions
to the Overlay Cost in October 2021. Each party will promptly pay such invoice within
thirty (30) days following receipt. In the event the Overlay Cost exceeds $750,000, Weld
County, Waste Management, Colorado Sand, A-1 Organics, and Greeley Green Energy
shall each be responsible to pay twenty percent (20%) of the Overlay Cost in excess of
$750,000.
3. INTERSECTION IMPROVEMENTS AND PAYMENT OF COSTS: The Intersection
Improvements shown in Exhibit A, also referred to as the Off -Site Improvements in the
2019 IA, will be constructed by Waste Management. The construction of the Intersection
Improvements shall be performed in accordance with the Weld County Engineering and
Construction Criteria set forth in Appendix 8-Q of the Weld County Code. Inspections and
testing of the Intersection Improvements will be performed by Weld County, or its
contractor. The total cost for the Intersection Improvements is estimated to be $1,572,871
("Intersection Improvements Cost"). Weld County will pay Waste Management the sum
of $1,289,000 towards the Intersection Improvements Cost upon the Parties' execution of
this Agreement. With respect to the remaining balance of the estimated Intersection
Improvements Cost ($283,871) and any costs over the estimate, Waste Management will
obtain contributions from Colorado Sand, A-1 Organics, Greeley Green Energy, and the
Town of Keenesburg for the remainder of the Intersection Improvement Cost.
Construction of the Intersection Improvements will occur in 2022.
3.1 As of the date of this Agreement, the following improvements identified in the
2019IA are complete:
a. Part I; Section A: construction of adequate turning radii of sixty
(60) feet at the main entrances and exists which extend into county
road ROW connections to the county road system
b. Part I; Section A: Off -site drainage; and,
c. Part I; Section A: Signage installation, as indicated on the accepted
Exhibits.
2
3.2 Contemporaneous with the Annexation, Weld County shall transfer the Two- Year
Warranty set forth in Part 2; Section C 2.2 of the 2019IA to Keenesburg.
3.3 Prior to or contemporaneous with the Annexation and the assignment of the 2019IA
Warranty to Keenesburg, Waste Management shall either coordinate with Weld County for
the assignment of the Warranty Collateral to Keenesburg or, Waste Management will
secure a new collateral and submit the same to Keenesburg.
3.4 lJpon Waste Management's payment of its proportional share of the Overlay Cost,
the expiration of the two (2) year Warranty and, the inspections, as set forth in Part 2;
Section C 2.2 of the 2019IA, Waste Management's obligations and requirements as set
forth in 2019IA shall be satisfied in full and the 2019IA Agreement terminated,
3.5 Surcharge Fees. Weld County and Keenesburg shall consider entering into an
intergovernmental agreement consistent with the June 3, 1996 Intergovernmental
Agreement Regarding Sold Waste Disposal Sites between Weld County and the Town of
Erie, Colorado, attached hereto and marked Exhibit "C".
3.6 Keenesburg intends to enter into a separate Road Maintenance Agreement with
Colorado Sand.
4. ANNEXATION OF WCR 18/59 BY KEENESBURG: Keenesburg agrees to commence
proceedings for the annexation of WCR 18/59 upon completion of the Intersection
Improvements, but in any event no later than December 31, 2022. Weld County agrees to
petition Keenesburg for the annexation of WCR 18/59. The petition form, annexation plat,
and all annexation fees will be provided by Keenesburg at no cost to Weld County. Upon
approval of the annexation by the Keenesburg Town Board and the recording of the
annexation plat, Weld County will assign the 2019 IA to Keenesburg. Waste Management
hereby consents to Weld County's assignment of the 2019 IA to Keenesburg in accordance
with Sections 3 and 4 herein.
5. ENTIRE AGREEMENT: This writing, together with the recitals, incorporated herein,
exhibits attached hereto, constitutes the entire Agreement between the Parties with respect
to the subject matter herein, and shall be binding upon the Parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of the Parties.
6. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: 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 Parties and nothing
in this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in the Agreement. It is the express intention of the Parties that any
entity other than the Parties receiving services or benefits under this Agreement shall be
incidental beneficiary only.
7. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such
3
provision to the extent that this Agreement is then capable of execution within the original
intent of the Parties.
8. MODIFICATION AND BREACH: This Agreement contains the entire Agreement and
understanding between the Parties and supersedes any other Agreements concerning the
subject matter of this transaction, whether oral or written. No modification, amendment,
notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of
any force or effect whatsoever, unless mutually agreed upon in writing by the Parties. No
breach of any term, provision, or clause of this Agreement shall be deemed waived or
excused, unless such waiver or consent shall be in writing and signed by the Party claimed
to have waived or consented. Any consent by any Party, or waiver of, a breach by any
other Party, whether express or implied, shall not constitute a consent to, waiver of, or
excuse for any other different or subsequent breach.
9. NOTICES: All notices required herein shall be mailed via First Class Mail to the Parties'
representatives at the addresses set forth below:
Town of Keenesburg, Colorado
91 W. Broadway Avenue
Keenesburg, CO 80643
Weld County, Colorado
Jay McDonald, Director, Weld County
Public Works
P.O. Box 758, 1111 "O" Street
Greeley, CO 80632
Waste Management of Colorado, Inc.
701 E. Butterfield Road, Suite 400
Attn: Corporate Real Estate Lombard,
IL 60148
A-1 Organics
12002 Weld County Road 59
Keenesburg, CO 80643
Colorado Sand Company, LLC
2001 Kirby Drive
Suite 360
Houston, TX 77019
Greeley Green Energy LLC,
3459 W. 20th Street
Suite 222
Greeley, CO 80634
10. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this
Agreement 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.
Signatures on the following page.
4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by attached
their appropriate signatures on separate signature pages.
ATTEST:
kt
WELD C TY Clerk to the Board
By:
(Deputy) Cl
5
COUNTY OF WELD, a political
subdivision of the STATE OF
COLORADO
By:
Steve Moreno, Chair
Board of County Commissioners
of Weld County OCT 1$ 2021
a0,2,1, c9a.S1
WASTE MANAGEMENT OF
COLORADO, INC.
By: (JZ,,,e_.J#JACL
Title: V i" ?,i r pfjf
James A. Wilson
STATE OF ILLINOIS )
ss.
COUNTY OF DUPAGE )
-►� I�1hN P61.1 814E
On this I', day of Ol 7V B&in the year 2021, before me, Ia"nn. 6 , a Notary
Public in and for said state, personally appeared James A. Wilson as Vice President
of Waste Management of Colorado, Inc. known to me to be the person who executed the within
Agreement and acknowledged to me that he executed the same for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
6 61,6
71 1otary Public
My term expires: 10 12.. 1) 2 0 23
OFFICIAL SEAT.
VIDYA SHIRISH DARSHANE
NOTARY PuauC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/21/23
6
COLORADO SAND COMPANY, LLC
BY 0-6,:iXt71
Title: Co —Presiders
STATE OF <40_42
COUNTY OF 441) �MS
)s s•
On this fe*day of in the year 202 before me, �w a Notary
Public in and fnr said state, personally appeared 202 the( - Am. 1.f Colorado
Sand Company, LLC, a Delaware limited liability company known to me to be the person who
executed the within Agreement in behalf of said limited liability company and acknowledged to
me that he executed the same for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the Coylnty and State aforesaid, the day and year first above written.
Notary Public
My term expires:
7
pnaa�mrrrh�i
‘r(44: vy 1
% ,aO 1
LAMBLAND, INC.
d/b/a A-1 ORGANICS, INC.
Title:a�-
SUB6CRI$ED/ ND S, ORN to before me this ) day of Yykika e ,
2021, by IWO , as it's-a,j
WITNESS my hand and official seal
My commission expires:
° (9,O
SARAH M PAINTER
Notary Public
State of Colorado
Notary 'D.20114033165
My Commission Expires 08-08-2023
GREELEY GREEN ENERGY LLC
By:
Title:
SUBSCRIBED AND SWORN to before me this day of
2021, by , as it's
WITNESS my hand and official seal
Notary Public
My commission expires:
9
ATTEST:
By:
hris►a F'Bnandez,
10
TOWN OF KEENESBURG, a municipal
corporation of the STATE OF
COLORADO
By: / 7bp,
en G 1 er, Mayor
TETRA TECH
MEMO
To:
Chad Hearn, Michelle Wittenbrink, Jason Chan, Damon Defrates, Scott Hutchings (Waste
Management)
cc: Caleb Stock, P.E.
From: Jeffrey Butson, P.E.
Date: July 16, 2021
Subject Assumptions and Notes for the Conceptual WCR 18 Design and Opinion of Probable Cost
Assumptions for Conceptual Design
The primary required improvement is the construction of a left turn lane for traffic movement from
westbound WCR 18 onto Market Street.
o The minimum width of the left turn is 16 feet in accordance with Weld County policy.
The layout as shown in the conceptual plan view drawing assumes that a geometry centered upon the
section One (existing road centerline) is acceptable.
Design of Market Street improvements depicted on a drawing provided by Weld County on July 9, 2021 is
generally accurate as what will be constructed by City of Keenesburg. Weld County is also repaving WCR
18. A post construction survey will be provided to Tetra Tech after completion of both projects.
The road is currently designated as a rural local road on the functional classification map. The functional
classification map for the Weld County 2045 Transportation Plan shows this road as a rural local road.
At the time of preparation of the design, the Weld County Engineering and Construction Guidelines
(Updated July 2017) was the governing document for roadway geometry. This reference has since been
superseded. The conceptual layout has not been updated for the current Weld County Engineering and
Construction Criteria (January 2021).
As provided via email on July 8, 2021 from E. Relford to M. Wittenbrink, the speed limit of the road will be
modified to 45 mph. A design speed for some geometric elements, as specified in the Weld County
Engineering and Construction Guidelines, may be 55 mph.
Roadway geometry
o The minimum width of the left turn lane is 16 feet in accordance with Weld County policy.
o The straight taper length on each end of the project is 360 feet (8' from center at 45:1 fora 45
mph posted speed limit).
o The transition taper of the left turn lane is 216 feet (16' at 13.5:1 fora 45 mph posted speed limit).
The deceleration and storage length of the left turn lane is 635 feet (435' deceleration length +
200' storage).
o The existing road longitudinal slope is approximately 2%. Therefore, no grade modifiers were
included for roadway geometry.
Adjustments to the total length may increase or decrease upon reconciliation with the current
Criteria.
o Roadside ditches would not need to be deeper than the minimum required depth in the typical
section and Weld County will consider variances for modified geometry with supporting dianala
engineering calculations.
Right -of way Acquisition A
Tetra Tech
1900 South Sunset Street, Suite 1-E, Longmont, CO 80501
Tel 303-772-5282 Fax 303-772-7039 www.tetratech.com
TETRA TECH
Assumptions and Notes for the Conceptual WCR 18 Design and Opinion of Probable Cost
July 16, 2021
o It was assumed that there is an existing 60 -foot ROW.
o ROW acquisition would be needed to accommodate the minimum required roadside ditch, unless
a drainage easement can be granted to the County is sufficient.
o ROW acquisition on the north side will exclude the existing parallel irrigation ditch.
Assumptions for Preliminary Opinion of Probable Cost
• Costs are based upon the data presented in the CDOT Cost Data Book for all of 2020, which was the
latest cost data available at the time of preparation.
Pavement section
o Minimal earthwork is required for subgrade improvements outside of current roadway and none is
required within current roadway.
No additional demolition or replacement of aggregate base course is required within the existing
road cross section.
Existing asphalt mat will remain, with the exception of the 2" mill of the surface prior to final lift of
paving.
An 8" (6" Grade S + 2" Grade SX) pavement section will be used for new pavement construction.
A 6" thick course of CDOT Class VI aggregate base course will be used for new road
construction.
o A geotextile is required for new road construction.
o A geotechnical investigation and analysis will be required to determine design pavement section.
• Construction duration would be approximately 15 weeks.
• Actual extents of utility relocation need to be discussed with utility companies and irrigation company and
will be confirmed by potholing as part of design. We have assumed that the following relocations will be
required:
o Power poles on south side of WCR 18. Power poles may need to be removed and the line
buried. We have also assumed that since the relocation request is from the Developer (Waste
Management), the cost for relocation will be Some by the Developer regardless on whether the
power lines are within an easement or not.
o Telephone line (copper, twisted pair) on south side of WCR 18.
o Irrigation service lateral crossing under road, just east of intersection.
o Other minor private services
• Fiber Optic line on the north side of road can be constructed over (no relocation necessary).
ROW Acquisition costs were assumed to be $77,000. Assessed land values on each side of WCR 18
vary from approximately $1,000 to $77,000 per acre.
Engineering and design surveying costs were assumed to be approximately 20% of the total construction
cost less the land acquisition and construction quality assurance costs.
Attachments
1. Preliminary Opinion of Probable Cost
2. Preliminary Draft of typical road cross section
3. Preliminary Draft of road layout plan view
VAT-DWaste Management1117-2402329 - BR Opinion of Prob CosflOSDelivemblesIDraftlMemo on Conceptual Design and Cost Assumptions 2021-07-16.docr
Page 212
Tetra Tech, July 2021
ENGINEER'S OPINION OF PROBABLE COST- WCR 18 IMPROVEMENTS (CONCEPTUAL
BID ITEM NO.
20
21
23
24
25
27
CONTRACT ITEM NO.
29
30
31
32
35
37
42
45
201-0001
202-00015
202-00035
202-00220
202-00240
202-00810
202-05026
202-01000
807-53172
203-00015
203-00066
203-01100
203-01597
207-00210
208-00002
208-00020
208.00045
208-00070
208-00103
206-00105
20.00207
21000010
2100810
212-00006
213-00011
218-00301
304-0607
30 0100
403-33841
403-34851
4200300
803-01180
803-7701
60-77011
614-00012
614-01503
820-00002
620-00020
625-0000
828-00000
827-0008
827,0405
83000000
630-00012
49
50
NA
NA
NA
NA
CLEARING AND GRUBBING
REMOVE HEADWALL
REMOVAL OF PIPE
REMOVAL OF ASPHALT MAT
REMOVAL OF ASPHALT MAT (PLANING)
REMOVAL OF GROUND SIGN
SAWING OF ASPHALT MATERIAL
REMOVAL OF FENCE
FENCE CL (72 IN)
UNCLASSIFIED EXCAVATION (CHANNEL GRADING)
EMBANKMENT MATERIAL (COMPLETE IN PLACE)(R40)
PROOF ROLLING
POTHOLING
STOCKPILE TOPSOIL
EROSION LOG (12 INCH)
SILT FENCE
CONCRETE WASHOUT STRUCTURE
STABILIZED CONSTRUCTION ENTRANCE
REMOVAL AND DISPOSAL OF SEDIMENT (LABOR)
REMOVAL AND DISPOSAL OF SEDIMENT (EQUIP)
EROSION CONTROL MANAGEMENT
RESET MAILBOX STRUCTURE
RESET GROUND SIGN
SEEDING (NATIVE)
MULCHING (HYDRAULIC)
SOIL FILLED TURF REINFORCEMENT MAT (CUSS 3)
AGGREGATE BASE COURSE (GUSH 5 OR 8)
RECONDITIONING SUBGRADE
HOT B(TUMINOUS PAVEMENT (GRADING S) [(10) (PG 84.22))
HOT BITUMINOUS PAVEMENT (GRADING SX) ((100) (PG 54-28))
GEOTEXTILE (REINFORCEMENT)
18 INCH REINFORCED CONCRETE PIPE
CULVERT HEADWALL (3S CULVERT, TYPE 1)
CULVERT WINGWALL (3S CULVERT, TYPE 1)
SIGN PANEL (CLASS Iq
STEEL SIGN SUPPORT (2 -INCH ROUNOXPOST AND SOCKET)
FIELD OFFICE (CUSS 1)
SANITARY FACILITY
CONSTRUCTION SURVEY
MOBILIZATION
MOD EPDXY PAVEMENT MARKINGS
PREFORMED THERMO PLASTIC MARKING (WORDS, SYMBOLS)
FLAGGING
TRAFFIC CONTROL MANAGEMENT
UTILRY RELOCATION - PHONE
UTILITY RELOCATION - OVERHEAD ELECTRIC
LAND ACQUISITION
ENGINEERING AND DESIGN SURVEY (ALREADY COMPLETED)
ENGINEERING AND DESIGN SURVEY (TO BE PERFORMED)
CONSTRUCTION QA (INDEPENDENT FROM CONTRACTOR)
CONTRACT ITEM
UNIT
AC
EA
LF
SY
SY
EA
LF
LF
LF
Cr
cr
HR
HR
CY
QUANTITY
RATE
5 8,570.32
$ 1,000.00
43.99
5048
9.43
5 2.51
LF
EA
3556
1528
1528
2088
442
24
32
1420
150
3362
HR
HR
DAY
EA
EA
AC
AC
SY
CY
SY
TON
TON
SY
30
30
125.71
3.00
1.16
27.19
25.89
25.38
140.50
254.96
7.04
5.11
2.18
$ 2,324.08
5 2,848.48
84 20
133.60
253.12
445.75
338.34
769.28
SF
SF
SF
EA
EA
EA
LS
GAL
SF
HR
9902
552
2878
971
874
2878
90
60
223
2250
EA
AC
LS
LS
LS
$ 1,402.0
521
57.82
15.50
68 50
103.48
7.00
82.65
70.53
70.45
25.92
220.0
5 23,392.07
$ 3,073.57
5 12,000.00
5 75,000.00
75.00
14.93
28.15
$ 50.00.00
5 30,00.00
s 100.000.00
5 77,000.00
j 29,099.33
$ 160,000.00
$ 30,000.00
TOTAL
EXTENSION
5 25,710.98
2,000.60
2,839.40
$ 12,685.48
754.26
3 10,588.00
1.770.16
E 41,491.94
5 53,589.34
5 11217.96
3,372.00
8,158.72
,996.80
786.50
7,329.16
2,32408
$ 17,078.88
1,926.00
4,008.00
3,798.80
445.75
2,030.04
1,538.58
2,804.00
S 51,589.42
E 31,918.84
$ 44,609.00
$ 88,513.50
$ 90,441.52
E 20,148.00
7,458.50
2,755.0
3,381 60
$ 23,392.07
$ 3,073.57
$ 12.000.00
$ 7500000
8.000.60
3,329.39
j 63,337.50
$ 50,000.00
$ 30,00.00
s 100.000.00
$ 77,00.00
$ 29099.33
$ 10,00.00
§ 30,00.00
1209,800 85
CONTINGENCY (3044)
GRAND TOTAL
382,970.26
1.572.871.11
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PRELIMINARY DRAFT- NOT FOR CONSTRUCTION
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PRELIMINARY DRAFT -
NOT FOR CONSTRUCTION
use east eCt*P IMS
ow WASTE MANAGIEMENT or COLORADO. �NCi•
Illlf MAC 1 11GR la AND
MARKET sifter nat. LAVE
PREUMINARY ROAD LAYOUT PLAN
CENTERED LANE OPTION
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1
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Waste Management of Colorado, Inc — USR14-0080
THIS AGREEMENT "Agreement" is made this /O1 day of 2019, by and between
Waste Management of Colorado, Inc., a corporation organized under th law of 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 1150 "O"
Street, Greeley, Colorado 80631 hereinafter referred to as “County."
WITNESSETH:
WHEREAS, Property Owner is the owner Athe 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 6i.
P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of USRl4-
0080, and
WHEREAS, Property Owner acknowledges that the fmal approval of USR 14-0080 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.1.1),
Exhibit B — Phased Off -Site Improvements Construction Schedule (to be attached per section B.1.I ),
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 USRI4-
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 improvemenA outlined herein within the defined
timeline, may result in the revocation or suspension of USR I4A080, upon consideration and order of the
Board of County Commissioners, and
WHEREAS, the parties agree that the Pmperty Owner shall provide collateral for Off -Site
Improvements required by this Agreement when the Board of County Commissioners approves this
Agreement.
ETAS!q�� Pa ss: 1 of 0
e�it�izato ea:ez vn R F..:te.eo
Clink and R�oond��. Wild CounlY, CO
Willhighttnilealivi 11111
rf 13
ao
12011261
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
PART 1: SITE SPECIFIC PROVISIONS
A. Immediate Off -Site Improvements tto be constructed prior to onerationl: 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 fuming 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 ran -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 Off -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 Responsibilities. In regard to the turn 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 IS 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)
1.13 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
4500400 Pages: 2 of 21
ra V rcLIP,Vk 7,o Riwittrilld Ca+ntV• c0
II
f13
Commissioners in accordance with this Agreement. Project collateral is required as a part of this
agreement for the tun 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 3 1, 2021.
1.5 Properly 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 Al 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 Collateral. As required, collateral is accepted and released by the Board of
County Commissioners pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
5.0 As -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 II.B,
Subsection 3.2.3, 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 a 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 MUSK 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.
4600400 Pages: 3 of 21
e�it�i=eta sa:o2 an ■ F..:so.ee
Carly Kotwaa, Clary and rtoordar, Nald County CO
CBI lirdCrilkillIrItIff I lliih�C111 }§11 to
fl3
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 Share of improvements is 58%
Hau/Travel 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 Route,. The following roads are designated as haul/travel routes for the Property:
I) CR 59 between CR I8 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 CbDOT 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 fora 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 (I) 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:
l.0 Ropair. 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 24-10.
4'500400 Ps,.o 4 of 21
ti7/l li. 03: 2 PH R Fa:=0.00
Carly Mope.. Clark and Rood... , ..old County. CO
VIII riAllirli01411114.1311011.1 11111
of 13
2.0 Need for Immediate Repairs: to the event of damage to a haul/travel route 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 to 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 (40) 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 following 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 Proportional 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 tattle counts
or a traffic study, or other appropriate method, then application of the 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 road repair/improvement/maintenance work is to be performed during that construction
season. Notification to the Property Owner of the required roadway repairs will he given as soon as the data
becomes available.
6.0 Notification. The County shall notify Property Owner of County's preliminary determination and
4300400 Pays: S of 21
07/17/2010 1302 PM R 3LIe.00
Carty Keppaa. Clark and Raoord�r, N�ld County, CO
VIII JIL'��rWiiiJ PLO knMffliPlEsk«I liBIIll
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.
PART 2: GENERAL PRovIsioNs
A. Eseineeriae and Construction Resuirements:
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. My 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 written 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 Testine. 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 famish 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 doting 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.
4508400 Paps: 6 of 21
ViVicic�ies,sei: k i :or:da ei as count,, co
RIffINFdrali 11111
.413
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.
Collateral:
1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to
guarantee all of Property Owner's obligations 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 he submitted in an amount equal to 100% of the
value of the improvements, as calculated in the cost of construction exhibits. Project Collateral
must be submitted at the time of execution of the Agreement, unless otherwise directed by the
Board of County Commissioners. In the event that 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 routes.
2.0 Form 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 maybe 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 maybe 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 fora 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 CBOT Materials Manual.
3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as 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.
3.3 County's Response to Request for Release of Collateral. Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement. Upon approval, the Board of County Commissioners may release said collateral.
C. Acceptance of Off -Site Improvements:
1.0 Acceptance of Off -Site Improvements. Upon completion of the oft 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 B.3.23, 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 finds that the
improvements are constructed according to County standards, he or she shall approve the
improvements. Such final approval shall authorize the Property Owner to request the Board of
County Commissioners to release the Warranty Collateral.
2.2 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.
Access and Rieht-of-Way 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 -Way (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
terms 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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23 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 Part 11.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 wel fare 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.
33 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new properly 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.
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,
4000400 Praha: 10 of 23
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transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental immunity. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §124-10-101 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 Al 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 shalt 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 attorney
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
Al 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 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
10.0 Authority to Sian. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
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obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms. If requested by the County, Property
Owner shall provide the County with proof of Property Owners 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.
41N400 Pa.. t 12 of 21
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Page 12 of 13
PROPERTY OWNER:
WASTE MANAGEMENT OF COLORADO, INC.
enk
James A. Wilson, Vice President
By:
LESSEE (IF APPLICABLE):
By:
Name:
Title:
STATE OF ILLINOIS
) SS:
COUNTY OF DUPAGE
Date
Date /14
`
2011
OFFICIAL SEAL
VIDYA SHIRISH DARSHANE
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/21/19
I, 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.
WTI NESS my hand and official seal.
My commission expires:
Notary Public
t 1/2c, / 9
WELD COUNTY: G: ((�� •a��,,,,,,
ATTEST: j, ,� JCL; BOARD OF COUNTY COMMISSIONERS
Weld ' o / Clerk to the Board , D COUNTY, CO ORADO
B / 8/ /�,�!...
Deputy fierk to the B Iii ' '
'Al'
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Barbara Kirkm yer, Cha r
JUL ?
02,0/41-01-69°1-6
This Letter is Exhibit E and includes Exhibits A and B (see chart below)
%INASTt M r. ni ac,CM ir.,
EnergyServices
June 29, 2018
Evan Pinkham
Development Review Planner
Weld County Public Works
1111 H Street, P.O, Box 758
Greeley, CO 80632
(970)400-3727
WASTE MANAGEMENT OF COLORADO, INC.
5500 South Quebec Street, Suite 250
Greenwood Village, CO 80111
(303) 486-6063
(303) 347.6315 Fax
wvvw.wrnsolutions.corn
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-o080.
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
Construction Schedule for Buffalo Ridge Energy Services
under Waste Management of Colorado,
0080
and
Facility
Inc. - U5R-I4-
Estimated
Costs
mit
Estimated
Responsible
- Percentage
VIM Dollar
Amount
Date Work
to be
Completed
By
'Turn/Deceleration
Lane from WCR 18 to Market St
Design arid Permitting
$30,000
s 100%
$30000
12/31/2020
Right of Way (ROW)
$50,000
100%
$50,000
12/31/2020
Utilities
$50,000
100%
$50,000
12/31/2021
Construction
$750,000
58%
$435,000
12/31/2021
Overlay for WCR 59/18
5 inch Overlay - 2.5 Miles
$ ,125,000
58%
$652,500
1.2/31/2021
Contingency
10% Contingency
100%
$121,750
12/31/2021
Total
00
WM Total _$1,339,250
l
Upon
Acceptance of
+`M to Provide Collateral on Project via Bond
� .
i�Cr3rdi€z�;afth;
Agreem€?nt
Note: WM will share in these costs 'proportionally to utilitatIOW as discussed with Weld
County The 58% is just an estimate to determine an approximate collateral amount,
based on 2016/2017 Traffic Studies_
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Carly Koppss , Clerk and Recorder, Weld County, CO
KICIM tPk IiiitEklmlP V aliV iii I HI
020/ q2g1;
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
Turn/Deceleration Lane and the Overlay for the estimated cost of $1,875,000, of which Waste
Management will participate in costs proportional to its use.
Please let us know what else you may need to continue to move towards finalizing the Waste
Management Improvements & Road Maintenance Agreement Cost Estimate and Construction
Schedule for Buffalo Ridge Energy Services Facility Improvements under Waste Management
of Colorado, Inc. - USR-14-0080.
Sincerely,
Jason T. Chan
Director Energy Services
Waste Management of Colorado, Inc
Cc: WM Files
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1+ �y� uW,�tW
1YINVI l, Clerk and Recordor, Weld County, CO
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PLATE 5
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Bond Number: 82440823
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that (name) Waste Management of Colorado, Inc.,
(address) 11655 Weld County Road 59, Keensburg, CO 80643, a (corporation, limited
liability company, etc.) Corporation, organized under the laws of the State of Colorado,
with its principal office located at (address) 11655 Weld County Road 59, Keensburg, CO
80643, hereinafter called "Principal", and (name of surety) Federal Insurance Company, of
(address of surety) 202B Hall's Mill Road, Whitehouse Station, NJ 08889, hereinafter
called "Surety" are held and firmly bound unto Board of County Commissioners of Weld
County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the
full and penal sum of One Million Three Hundred Forty Two Thousand Eight Hundred Fifty
and 00/100 Dollars ($ 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)
USR14-0080 , 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 August, 2018.
Waste Management of Colorado, Inc.
Principal
UM -
Principal Secretary/Witness
Bianca Phillips
(SEAL)
Byt �.
Title Misty rig
tt orney - -Fact
(INSURANCE COMPANY NAME)
FederaInsurance Compan
By:
Wit = as to Surety Deena'Bri3ges Melissa Fortier, Attorney -in -Fact
5555 San Felipe, Suite 1500
Address
Houston, TX 77065
Address
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 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 KD Conrad, Vanessa Dominguez, Melissa Fortier, Michael J.
Herrod, Jennifer L. Jakaitis, Patricia A. Rambo, Wendy W. Stuckey, Amy Sustaire, Nancy
Thomas, 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 SVP, Chief Financial Officer and Treasurer and its corporate seal to be hereto affixed. This
power of attorney is in effect as of at,.54,tt }- ( , 201 S
Witness:
On behalf of Waste Management, Inc. and
each of the other WM Entities
Devina A. Rankin
SVP, Chief Financial Officer and Treasurer
C.1—lUBB
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY: a New York corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin rxnt,oration, do each hereby constitute and appoint Vanessa Dominguez, Melissa Fortier, Michael J. Herrod,
Wendy W. Stuckey, Lupe Tyler, Lisa A. Ward, Donna L. Williams and Misty Wnght of Houston Texas--- - - -
each as their true and lawful Attorney -in -Fact to execute wider 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 bail bonds) given or executed in the course of business. and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 8° day of March. 2017.
i.)buw'►—ll. \.C511A
Dawn 1l. Chitin s. Assistant Secretary
STATE OF NEW JERSEY
County of Hunterdon
On this S° day of March, 2O17 before me, a Notary Public of New Jersey. personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chloros, being by me duly sworn, did 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 to 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 to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence.
Ak
Stephen M. Nancy. Vice President
Notarial Seal
SS
NAT1ERINE,L AWELAAR
NOTARY PIMLICO!, NEW,ERS@r
Ne. 2318888
Commission Espwis tip N. 2019
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 the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings. recognizances. contracts and other written commitments of the Company
entered into in the ordinary course of business (each a -written Commitment':
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the
seal of the Company or Others se.
(2) Each duly appointed at orney-in-faa of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -Fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized. for and on behalf of the Company, to appoint in writing any person the attorney -
in -fact of the Company with full power and authority in execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the
Company as may be specified In such written appointment. which specification maybe by general type or dass of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company- to delegate In wiring to any other officer of the
Company the authority to execute- for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company w are specified in such
written delegation. which spedfication may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company. may be affixed by
facsimile on such Written Commitment or written appointment or delegation
FURTHER RESOLVED, that the foregoing Resolution shag out be deemed to bean exclusive statement of the powers and authority of officers. employees and other persons to act for and on behalf of
the Company. and such Resolution shall not limit or otherwise affect the exerdse of any suds power or authority otherwise validly granted or vested'
I, Dawn M. Chioros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(0 the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(R) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect. I I A
Given under my hand and seals of said Companies at Whitehouse Station. NJ, this f (,O1 g
pnw._vr eranti e�
Iriwn V1 Chlsaax.;1,sisrant Secretar?
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY LONER MATTER PLEASE CONTACT US AT:
Telephone (908) 903-3493 Fa:. (906)903-3656 e-mail suretyfdmbbcom
Form 15-10- 02258- U GEN CONSENT (rev. 12-16)
RESOLUTION
RE: APPROVE 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 - 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 13th day of
July, 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, 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 an 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, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
C.c . PL., f6,Etl,nnMA- AffS
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it."
2) Section 22-4-140.A (EP.Policy 1.1) states: "Due to the impacts from
surface impoundments and increasing public concern about them,
other alternatives for disposal should be considered. "The proposed
facility provides for reuse of exploration and production waste,
along with Class II Brinewater disposal.
3) Section 22-4-140.6 (EP.Goal 2) states: "Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale,
height, traffic, dust, noise and visual pollution. "The proposed facility
is located adjacent to an existing landfill (Buffalo Ridge) and located
over one (1) mile from existing residences.
4) Section 22-4-140.B (EP.Policy 2.1) states: "in reviewing the
operational and reclamation plans for solid and brine waste disposal
facilities, the County should impose such conditions as necessary
to minimize or eliminate the potential adverse impact of the
operation on surrounding properties and wildlife resources."
Development Standards regulating noise and regulating the
disposal of waste are included. Colorado Parks and Wildlife stated
no concerns with this application in the referral response dated
March 25, 2016.
5) Section 22-4-140 (EP.Policy 2.2) states: "All applicable land use
applications will be reviewed by the Department of Public Health
and Environment for compatibility with federal, state and County
statutes, regulations and ordinances." The application has been
reviewed and conditionally approved by both the Colorado
Department of Public Health and Environment and the Weld County
Department of Public and Environmental Health.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Solid Waste Disposal Sites and Facilities
are listed as a Use by Special Review per Section 23-3-40.1 of the Weld
County Code.
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C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed use is located in a
rural area adjacent to the Buffalo Ridge Landfill facility approved under
USR-966. The nearest single-family residences are located approximately
two (2) miles south of the proposed waste disposal facility.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Town of Keenesburg. The Town of Keenesburg, in the referral
response dated April 5. 2016, indicated no objection but requested that the
Town of Keenesburg be named as a party to the Road Maintenance
Agreement in the event County Road (CR) 59 and/or CR 18 are annexed.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 1,099 acres
delineated as "Other," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
G. Section 23-2-230.8.7 — The Design Standards (Section 23-2-240, Weld
County Code). Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Waste Management of Colorado, Inc. 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 an 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 parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
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A. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance, including dust control,
damage repair, specified haul routes and traffic triggers for improvements
will be included.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0080.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) CR 59 Section Line is shown to have 60 feet of unmaintained
section line right-of-way per the Weld County GIS right-of-way map.
The applicant shall delineate the existing right-of-way on the site
plan. All setbacks shall be measured from the edge of right-of-way.
6) Show and label the section line right-of-way as "CR 59 Section Line
Right -of -Way, not County maintained."
7) Show and label the approved Access Permit (AP15-00519) and the
appropriate turning radii.
8) Show and label the approved tracking control on the site plan.
9) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature, No -Build or
Storage Area" and shall include the calculated volume.
10) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
11) The map shall delineate the lighting.
12) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
13) The map shall delineate the parking area for the vendors,
customers and/or employees.
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14) Show and label all recorded easements on the map by book and
page number, or reception number and date.
2 Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
6 Prior to Operation:
A, Accepted construction drawings and construction of the off -site roadway
improvements may be required prior to operation.
B. A left deceleration lane on CR 18 turning onto Market Street may be
required prior to operation.
C. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
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7. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System (O.W.T.S.) Regulations. The septic system
is required to be designed by a Colorado Registered Professional
Engineer, according to the Weld County On -site Wastewater Treatment
System Regulations.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any large -capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
8. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of August, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dse.vs) jeL:g1
Weld County Clerk to the Board
BY / _tai
uty Clerk to the Board
APPRQVBD.AS
Attorney
Date of signature: a/9O/ i6,
1 1 U.IRc. to „_
Mike Freeman. Chair
Sean P. Conway. Pro -Tern
lie A. Cozad
teve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WASTE MANAGEMENT OF COLORADO, INC
USR14-0080
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0080, is
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 an and Gas
Support Facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in
the A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 24 -hours a day, 365 days a year.
4. The parking area on the site shall be maintained.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, on or before March 15th, of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
7. The facility shall operate in accordance with the approved Engineering Design and
Operations Plan (EDOP). Modifications to the Engineering Design and Operations Plan
may be required due to deviations from the approved use at the facility and/or regulatory
changes. If such changes occur, approval of the modification will be required from the
Hazardous Materials and Waste Management Division of the Colorado Department of
Public Health and Environment and WCDPHE. Changes to the EDOP may require an
amendment to the USR.
8. Operations will not extend past Certificate of Designation boundaries of the property.
9. The Conditions of Approval and Development Standards for USR14-0080 facility shall be
incorporated into the Certificate of Designation.
10. The facility shall submit evidence to the Weld County Department of Public Health and
Environment (CDPHE), and prior to the acceptance of waste that financial assurance has
been obtained in accordance with CDPHE regulations pertaining to solid waste sites and
facilities.
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11. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
12. The facility shall receive and manage only those materials that are described in the
approved EDOP and materials approved in accordance with the Waste Identification Plan
included in the EDOP.
13. All wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad will be kept in good condition
and cleaned at a frequency that prevents oils and other wastes from building up on the
pad
14. Should recycling or beneficial use activities occur at the facility, the facility shall operate in
accordance with their approved EDOP.
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
16. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris. and other potential nuisance
conditions. The facility shall operate in accordance with the approved EDOP and with
Chapter 14, Article I, of the Weld County Code, at all times.
17. Fugitive dust shall attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations.
18. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of Section 40 CFR. Part 112, shall be available on -site.
19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division, Colorado
Department of Public Health and Environment, as applicable.
20. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the storm water is not adequately controlled on the site,
upon written notification from the Weld County Department of Public Health and
Environment (WCDPHE) or CDPHE: a comprehensive site -wide Stormwater Plan shall be
developed and implemented. The plan must be approved, in writing, by the WCDPHE or
CDPHE, prior to implementation.
21. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
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DEVELOPMENT STANDARDS (USR14-0080) - WASTE MANAGEMENT OF COLORADO,
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good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation (COGCC) Commission Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
22. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the rules and regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
23. All potentially hazardous chemicals used on -site must be handled in a safe manner in
accordance with product labeling. All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations.
24. Any stained or contaminated soils at the facility shall be disposed of in accordance with
applicable rules and regulations. Any reportable spills will be reported and documented in
accordance with all state and federal regulations and records will be kept on -site for the
WCDHPE review upon request.
25. The WCDPHE will be notified prior to the closure of the facility. Upon site closure, the
facility will comply with the Closure Plan outlined in the approved EDOP. Documentation
of closure activities will be provided to WCDPHE.
26. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on -site for less than two (2) consecutive hours a
day, and two (2) or less full time employees on -site, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the WCDPHE. Portable toilets
shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
27. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
28. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103 C.R.S.
29. Analytical waste data and environmental monitoring data shall be made available to
WCDPHE upon request. The WCDPHE reserves the right to require additional monitoring
and may require an amendment to the USR.
30. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
31. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets.
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32. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II. of the Weld County Code.
33. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
35. Any access along unmaintained County right-of-way will not be maintained by Weld
County.
36. The historical flow patterns and runoff amounts on the site will be maintained.
37. Weld County is not responsible for the maintenance of on -site drainage related features.
38. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
39. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
40. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
41. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
42. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
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DEVELOPMENT STANDARDS (USR14-0080) - WASTE MANAGEMENT OF COLORADO,
INC
PAGE 5
43. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
44. The Weld County Right to Farm Statement. as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2016-2107
PL2428
RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT REGARDING SOLID WASTE
DISPOSAL SITES WITH TOWN OF ERIE, COLORADO, AND AUTHORIZE CHAIR TO
SIGN
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 has been presented with an Intergovernmental Agreement regarding
Solid Waste Disposal Sites between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the Town of Erie, Colorado, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement regarding Solid Waste Disposal Sites between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and the Town of Erie, Colorado, be, and hereby is, approved.
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 3rd day of June, A.D., 1996.
ty Clerk to the Board
Deputy Cle o the Board
APPR• . AS TO FO
Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FX(:IISFr] OATF OF SIC;NINC;
Barbaya J. Kirkmey r, Chair
(AYF)
Baxter, Pr. T
Dale K. Hall
Gb
Constance L. Harbert
rt
W. H. Webster
U-‘
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: 1"- y'lt; ' f L• 11L(ff-" . f}LL 1 960978
BC0025
C
Ahte49b630
INTERGOVERNMENTAL AGREEMENT REGARDING
SOLID WASTE DISPOSAL SITES
This INTERGOVERNMENTAL AGREEMENT REGARDING SOLID WASTE DISPOSAL
SITES is made and entered into effective as of June 3 , 1996 between the Board of County
Commissioners of the County of Weld, State of Colorado, hereinafter called the "COUNTY," and the
Town of Erie, a Colorado Municipal corporation, hereinafter called the TOWN."
RECITALS
A. The COUNTY exercises governmental authority regulating land use, growth, solid waste
facility siting and development in its unincorporated areas, which areas include lands outside the
corporate limits of Erie but inside the Erie planning area; and
B. Erie exercises governmental authority over the same matters within its municipal
boundaries, and annexations, and is able to provide municipal services and facilities for efficient and
desirable urban development; and
C. In Title 29, Article 20, Colorado Revised Statutes, the General Assembly of the State of
Colorado has granted broad authority to local governments to plan for and regulate the development
and use of land within their respective jurisdictions; and
D. In said Title 29, Article 20, Colorado Revised Statutes, the General Assembly has further
authorized and encouraged local governments to cooperate and contract with each other for the purpose
of planning and regulating the development of land by the joint and coordinated exercise of planning and
zoning, and related regulatory powers; and
E. Joint and coordinated exercise by the COUNTY and TOWN of their respective planning,
zoning, subdivision, and related regulatory powers in such areas will best promote the objectives stated
in this Agreement.
F. C.R.S. § 29-1-203 and § 29-20-105(h) authorize agreement to provide functions, services
or facilities authorized to each including the joint exercise of said functions as well as the sharing of
costs and revenues.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein
set forth, the parties agree as follows:
1. PURPOSES AND OBJECTIVES; The purpose of this Agreement is to establish
procedures and standards pursuant to which the parties will move toward greater coordination in the
exercise of their land use and related regulatory powers, coordinate road improvement and maintenance,
and share in costs and revenues within the TOWN and the Erie Comprehensive Planning
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Area The objectives of such efforts are to accomplish the type of development in such areas which
best protects the health, safety, prosperity, and general welfare of the inhabitants thereof, and to
achieve maximum efficiency and economy.
2. DEFINITIONS. For the purposes of this Agreement the following terms shall be
defined as set forth herein:
(a) Erie Planning Area The area located between Colorado State
Highway 52 and Colorado State Highway 7 and Weld County Road 1 and Interstate -25. For the
purposes of this agreement only, this term shall also include the area within the TOWN'S municipal
boundaries.
(b) Maintenance Activities: Includes pavement chip seal, patching
and repair and pavement overlay and similar activities, and repair and replacement of drainage
facilities including ditches and culverts but specifically excluding snow removal or activities defined
as capital construction. Maintenance activity shall also include the costs for strength testing of
pavement and substructure testing and analysis to determine overlay strength and thickness.
(c) Capital Construction. Includes bridge construction or
replacement and paving or construction of target road segments 7, 8, or 9 and the addition of travel
lanes to segments 1- 9.
(d) Erie Area Road Advisory Group shall consist of representatives
appointed by the governing body of each party for the purpose of setting the priority for expenditure
of trust funds under this Agreement. The proceedings shall be conducted informally and the number
of participants from each party shall not be limited but each party shall have only one vote .
(e) Initial jurisdiction shall mean the party to whom an application
for a Certificate of Designation or amendment thereto is required to be filed with pursuant to State
law.
(f) Weld PS. The Weld County pavement management system (the
system currently used by Weld County is known commercially as SUPER PMS, authored by
Pavement Management Systems )
3. TOWN agrees to retain the COUNTY by and through -its Health department to
conduct inspections on existing solid waste sites holding certificates of designation and to review new
or amended certificates of designation as determined by the TOWN for sites within the Town 's
municipal boundaries. COUNTY agrees to bill the TOWN at the COUNTY' S standard hourly
billing rate which is annually established and based upon actual direct and indirect costs to the
County. The COUNTY, except as otherwise set forth in this Agreement, shall not be responsible for
the enforcement or administration of existing Certificates of Designation nor the final consideration
of new sites except that staff of the Weld County Health Department may be called as witnesses in
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2496830 B-1552 P-506 06/18/96 03:55P PG 2 OF 7
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any administrative or Court proceeding by the TOWN at the standard hourly rate. TOWN and
COUNTY agree to execute a separate agreement, similar in form to the agreement for building
inspections prior to the commencement of inspections or review. Town shall have the option to retain
its own qualified inspection fine or to perform inspections itself upon sixty days written notice to the
county
4. REFERRALS. The party with initial jurisdiction will refer all proposals within the
Erie Planning Areas for new or amended Certificates of Designation for solid waste sites and any
expansions of solid waste sites to the other party for their review and recommendation. Such referral
will include at least a copy of the written Development proposal and preliminary staff summary of the
case. The party with initial jurisdiction will allow not less than twenty-one (21) days for the other
party to review same and furnish their recommendations to staff prior to formulation of the staff
recommendation. If the other party does not respond within such time, staff may proceed with its
recommendation, -but any comments or recommendation received on or before the Thursday next
preceding the meeting of the Board of County Commissioners, Board of Trustees or Planning
Commission at which the matter will be considered will be transmitted to the Board or Commission.
If the other party submits no comment or recommendation the party with initial jurisdiction may
assume they have no objection to the proposal. If the other party submits recommendations, the party
with initial jurisdiction will either include within its written decision the reasons for any action taken
contrary to the other parties recommendations or furnish such reasons by a separate writing.
5. IMPLEMENTATION. Following the mutual execution of this Agreement each party
will promptly enact and implement such amendments to its existing land use or annexation regulations
as may be necessary to give effect to the provisions of this agreement. Each party shall have sole and
exclusive discretion to determine such measures and any additional provisions enabling it to perform
this Agreement. Each party's land use regulations as referred to herein are ordinances whose
amendment requires certain formalities, including notice and public hearings. The mutual covenants
in this section and elsewhere to implement this Agreement promptly are given and received with
mutual recognition and understanding of the legislative processes involved, and such covenants will
be liberally construed in light thereof
6. SOLID WASTE REVENUE DISTRIBUTION. Parties agree to share the revenues
from the solid waste sites and facilities surcharge for facilities within the Erie Planning Area as
follows:
a. All solid waste sites and facilities surcharge tax revenues collected for each
party within the subject area shall be distributed between the parties as
follows:
1) Each party shall collect 10% of the gross receipts consistent with
Weld County Ordinance I64 -A as amended and Weld County Home
Rule Charter Article XVI, § 16-11.
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2) The first 5% of the gross receipts shall be distributed to the COUNTY
Solid Waste Fund for the Household Hazardous Waste Program.
3) 1% of the gross receipts, subject to readjustment on an annual basis,
would be assigned to a Road Maintenance and Improvement Trust
Fund ( Trust Fund), with the County as custodian under the direction
of the Erie Area Road Advisory Group for the benefit of both parties.
4) The final 4% of the gross receipts , subject to readjustment on an
annual basis, shall be retained by the party with jurisdiction over the
facility to be used in accordance with the parties' individual policies
and ordinances.
5) Any other revenues which are identified as for the specific purpose of
maintenance or improvements to the target roads such as the
condition of approval in the Zigan/ERD/Sanifill USR-CD for
maintenance to WCR 5 shall also be assigned to the trust fund.
b. All tax revenues subject to sharing pursuant to this Agreement shall be
distributed between the two parties no later than twenty (20) calendar days
following the end of the calendar quarter during which the revenue was
collected or received.
c. Each party shall make every effort to standardize with the other party , the
procedures, ordinances and regulations applicable to the revenues to be shared
pursuant to this Agreement.
d. Trust Fund shall be an interest bearing account maintained by the Weld
County Treasurer. COUNTY shall provide the accounting services to
maintain an accurate accounting for all financial transactions of the Trust
Fund. An accounting of the Trust. Fund shall be provided to the Erie Area
Road Advisory group upon request but at least annually.
7. The trust funds may be expended on road maintenance and capital construction on the
following "target road segments"
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2496830 B-1552 P-506 06/18/96 03:55P PG 4 OF 7
960978
sip,
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1
5
SH 7
WCR 6
2
5
WCR 6
WCR 12
3
5
WCR 12
SH 52
4
8
WCR 3
I-25
5
7
SH 7
WCR8
6
6
WCR 7
I-25
7
8
WCR 1
WCR 3
8
6
undeveloped
WCR 1
WCR 5
9
num
6
unpaved
WCR5
WCR7
A. The decision to expend the funds will be made based upon the recommendation
of (the Erie Area Road Advisory Group)
B. The County will develop annually, using the Weld PS, a 20 year anticipated
maintenance schedule and cost estimate. The 1% will be adjusted in accordance with the 20 year
schedule and projected revenues. The priority for maintenance shall be determined by using the Weld
PS . An annual inventory and rating to determine a pavement quality index (pqi) will be conducted
by County on all paved segments. The pqi rating ranges from a score of 10 for newly installed
pavement to a score of I for totally deteriorated paving.
C. The parties agree that when the pqi falls below pqi of 7 on a paved target road
segment, maintenance activity is required. The PS will be used to determine the nature of the.activity
required by considering pavement strength testing results and the road roughness and distress
characteristics as determined using the Surface Distress Index Manual component of the Weld PMS
subject to the availability of Trust funds.
D. Construction priorities shall be determined by the parties through the Erie
Road Advisory Group. Nothing contained herein shall preclude financing of construction of the
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2496830 B-1552 P-506 06/18/96 03:55P PG 5 OF 7
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capital construction from other funding sources including by means of a special appropriation to the
Trust by either party.
E. Should a conflict arise between the parties as to the need for or nature of
maintenance or capital construction activities to be conducted, the matter shall be resolved by
submitting the dispute to a third party acceptable to both parties who shall be the Director of public
works (or the functional equivalent) of a front range county. The arbitration shall be conducted
informally unless the parties otherwise stipulate. The arbiter shall be provided the information
available to the party representative and the arbiter shall not require the expenditure of funds in
excess of those in the Trust.
F. The Erie Area Road Advisory Group shall meet at least twice annually at the
beginning of the second and fourth quarters of the year but such meetings may be conducted
electronically. The Erie Area Road Advisory group shall review the revenue projections and the 20
year plan developed under Weld PS and make a finding regarding future need for revenue. The Erie
Area Road Advisory Group will report their findings to the TOWN and COUNTY for any required
budgetary or other legislative action to implement their findings. The distribution between the funds
retained by the party with jurisdiction and the trust fund may be adjusted by letter agreement by the
parties.
8. MISCELLANEOUS PROVISIONS.
A Severability. Should any one or more sections or paragraphs of this
Agreement be judicially determined invalid or unenforceable, such judgment shall not affect, impair
or invalidate the remaining provisions of this Agreement, the intention being that the various sections
and paragraphs are severable.
13 Enforcement. Either party may seek specific performance or enforcement of
this Agreement in a Court of competent jurisdiction, but neither party shall have any claim or remedy
for damages -arising from an alleged breach hereof against the other, nor shall this agreement confer
on either party additional standing to contest a land use decision or action of the other except as a
breach of this agreement. This agreement is not intended to modify the standing the parties may
possess independent of this agreement. This Agreement is between the TOWN and the COUNTY
and no third party rights or beneficiaries exist or are created hereby.
C Amendment. This agreement, except as otherwise setforth herein, shall be
amended only by express written agreement of all of the parties. The procedures used for
consideration and approval of the original Agreement by each party shall be followed in the course
of any amendments.
D Term and Termination. The parties recognize that this Agreement will likely
be most effective if it continues in effect for at least 20 years. The term of this Agreement shall be
one years but it shall be renewed annually automatically unless 180 days prior to its expiration notice
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is provided of an intent not to renew this agreement and no .target segments remain with a pqi of 7
or less. Any funds remaining in the Trust fund following non -renewal shall be expended in
accordance with the terms of this Agreement as soon as is practicable.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date
first above written.
to : o: rd of County
mmissioners of -the County
of Weld
MJ
i Marino, Town Clerk
C:\OFFICEIWPWIMWPDOCSUDMIMA-WLDIGA WPD
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
BYE�
/ Chair 3'/3/96
TOWN OF ERIE, COLORADO
By:
Victor F. Smith, Mayor
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960978
TOWN OF ERIE
June 5, 1996
Lee Morrison, Esq.
Assistant County Attorney
Weld County
P. O. Box 458
Greeley, Colorado 80632
Re: Solid Waste IGA
Dear Lee:
645 HOLBROOK P.O. BOX 100
ERIE. COLORADO 80516
LOCAL (303) 828-3843
METRO (303) 665.3555
Enclosed please find two signed original Intergovernmental Agreements. As we discussed,
the County will see to recording the document. My understanding is that you will return one signed
original to the Town of Erie once it is signed. If it is not too much trouble, I would like to receive
a copy of the recorded document as well, when you get it back from the Clerk and Recorder
Thank you for all of your cooperation through this lengthy process of developing the IGA.
I appreciate your good nature and the hard work that you do. Hope to meet you in person some day.
Thank you again.
Sincerely,
Lisa M. Marino
Town Clerk
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POLICE DEPT. P.O. BOX 510 1AETRO (303)'449-3156 LOCAL (303) 828-32000/9 LONGMONT FIRE PROTECTION DISTRICT
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