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Home My WebLink About20210373.tiffRESOLUTION RE: APPROVE FULL RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR17-0072 - PIONEER LAND COMPANY, LLC C/O NORTHERN COLORADO CONSTRUCTORS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 23, 2019, the Board of County Commissioners approved the application of Pioneer Land Company, LLC, 4401 Coriolis Way, Frederick, Colorado 80504, c/o Northern Colorado Constructors, Inc., 9075 County Road 10, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0072, for Mineral Resource Development Facilities, including Open Pit Mining (sand, gravel and stone) and Materials Processing in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: SW1/4 SE1/4 of Section 1, Township 2 North, Range 67 West; and part of the N1/2 of Section 12, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on July 31, 2019, the Board of County Commissioners of Weld County, Colorado, approved an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Pioneer Land Company, LLC, c/o Northern Colorado Constructors, Inc., with terms and conditions being as stated in said agreement, and accepted project collateral in the form of Subdivision Bond #2277895, guaranteed by North American Specialty Insurance Company, in the amount of $782,824.00, and WHEREAS, the Board has been presented with warranty collateral in the form of Maintenance Bond #2277895M, guaranteed by North American Specialty Insurance Company, c/o Swiss Re Corporate Solutions, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, in the amount of $117,423.60, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend release of said project collateral and acceptance of warranty collateral for the aforementioned off -site improvements, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said project collateral, in the form of Subdivision Bond #2277895, guaranteed by North American Specialty Insurance Company, in the amount of $782,824.00, and accept warranty collateral for off -site improvements in the form of Maintenance Bond #2277895M, guaranteed by North American Specialty Insurance Company, c/o Swiss Re Corporate Solutions, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, in the amount of $117,423.60. 4882849 Pages: 1 of 2 02/18/2021 10:44 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Wald County, CO MI; MIRAMaki,1I II1 c c : P W (ER/cN/DA/SrMt-min4), PI-(Ko /K R/TQ) 2-/2N /21 2021-0373 PL2529 FULL RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR OFF -SITE IMPROVEMENTS (USR17-0072) - PIONEER LAND COMPANY, LLC C/O NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the project collateral in the form of Subdivision Bond #2277895, guaranteed by North American Specialty Insurance Company, in the amount of $782,824.00, be, and hereby is, released, and warranty collateral for off -site improvements, in the form of Maintenance Bond #2277895M, guaranteed by North American Specialty Insurance Company, c/o Swiss Re Corporate Solutions, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said project collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of February, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: deedoo •:/');e1 SteveChair Weld County Clerk to the Board y orney Date of signature: 02110/a 4682848 Pages: 2 of 2 02/10/2021 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2021-0373 PL2529 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item — Full Release of Project Collateral and Acceptance of Warranty Collateral For: Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. — USR17-0072 DEPARTMENT: Public Works DATE: January 7, 2021 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the issue: The Department of Public Works received a request from Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc., requesting that the Board of County Commissioners release the currently held projdct collateral for Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. in the amount of $782,824.00. Warranty collateral in the amount of $117,423.60 is required to be held for the duration of the warranty period. Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. has provided the warranty collateral in the form of Maintenance Bond No.2277895M, issued by North American Specialty Insurance Company. Weld County Public Works and Planning Department performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit A, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2019-3456, have been completed and are found to be acceptable. Bob Choate, Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this full release of project collateral and acceptance of warranty collateral. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld Countv Collateral List: Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 (PL2529#2019-3456) Subdivision Bond No. 2277895 From North American Specialty Insurance Company No Expiration Listed $782,824.00 Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the full release of project collateral and acceptance of warranty collateral for Pioneer Land Company, LLC c/o Northem Colorado Constructors, Inc. (USR17-0072), and that this item be placed on the next regularly scheduled BOCC Hearing agenda, as part of the Regular Agenda. Schedule as Regular Agenda BUM Item Other/Comments: Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine 2021-0373 �a/O 3 e LasQc) uter-e-'14(7a2r-e Swiss Re Corporate Solutions MAINTENANCE BOND BOND NO. 2277895M 1200 Main Street, Suite 800 Kansas City, MO 64105 KNOW ALL MEN BY THESE PRESENTS: That we, Northern Colorado Constructors, Inc. , as Principal, and North American Specialty Insurance Company , as Surety, are held and firmly bound unto Board of County Commissioners, County of Weld, State of Colorado , as Obligee, in the sum of One Hundred Seventeen Thousand Four Hundred Twenty -Three and (moot* Dollars ($ 117,423.60 ), for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract with Obligee dated June 13, 2019 for. CR 23 & CR 24 Improvements located in part of NE, SW, & SE 1M Section 12, T2N, R67W of the 6th P.M.., Weld, State of Colorado and the Principal is required to guarantee the work under said contract against defects in materials or workmanship. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, if Principal shall faithfully carry out and, perform the said guarantee, and shall, on due notice, repair and make good at its own expense defects in materials or workmanship in the said work which may develop during the period of time beginning December 28, 2020 and expiring December 28,2023 or shall pay over, make good and reimburse to the Obligee losses sustained by reason of failure or default of said Principal to do so, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, this bond may be extended at the sole option of the Surety by continuation certificate executed by the Surety and the Principal. Neither non -renewal by Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond. Regardless of the number of times this bond is extended, the liability of the Surety shall not be cumulative in amounts and shall in no event exceed the amount set forth above, or as amended by rider. PROVIDED FURTHER, HOWEVER that any suit under this bond shall be commenced no later than one (1) year from the expiry date noted above. If this limitation is prohibited by any applicable law, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence on the expiry date noted above. Signed and dated this 28th day of December , 2020 Northern Colorado Constructors, Inc. By: Name/Title: Principal North American Specialty Insurance Company ce R. Huggins , Atlorney.in-Fact SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specially Insurance Company, a corporation duly organized and existing under laws of the Stale of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: RUSSELL D. LEAR, ROYAL R. LOVELL, KELLY T. URWILLER, STEVEN J. BLOHM, DULCE R. HUGGINS, JESSIE KOSS, and SHAROLYN MAE NOLDE LOPEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and decd, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (550,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." A�tlUtllNltlJh/u ourPt # '+±!IfeG�� SEAL A 1Y79 pie); \ ltAMt,^,�!."�c�� Aer _attON.t( G , ais'oO r: •SEALa *atS�/ S1' mw By Steven P. Anderson, Seeder Vise President ar Wathington International Insurenec Company & Senior Vice President or North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice Preridenl orWashinglon international Insurance Company & Senior Vire President 011110'1h American Specially Insurance Company & Senior Vice President of Westport Insolence Corporation IN WITNESS WIIEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 4TH day of DECEMBER , 20 to . Stale of Illinois County of Cook ss: On this 4TH day of DECEMBER , 20 18, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and decd of their respective companies. North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation OFFICIAL SEAL to KENNY NotntyW4gc StatcaIlitotes Sly Commisdon Espies 12104120M M. Kenny, Notary Public \; t, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of Power of Attorney given by said North American Specialty Insurance Company, Washington lntemational Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WFIEREOF, I have set my hand and affixed the seals of the Companies this 28th day of Dccentller 20 20 Jeffrey Goldberg, Vice IYnsident & Assgennt Seeming, of Washington Intonational Insurance Company & North American Specially insurance Company de Vica Pseudent & AssiWW1 Sectetary or Wosgtmt Insurance Corporatism Jaz n Trujillo Martin -:z From: Sent: To: Subject: For your records. brace Anderson Development Review Inspection Public Works 1111 I -1 Street Greeley, CO 80634 tanderson e weldgoy. co�� tonderson@co.weld CO. US Mobile: 970.3 7.4515 Office: 970.400.3714 Trace Anderson Tuesday, November 17, 2020 3:57 PM Jazmyn Trujillo Martinez Flea Warranty Bond USR17-0072 Release Request Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the comrnunication. Any disclosure/ copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Zadel <chrisz@ncconstructors.com> Sent: Tuesday, November 17, 2020 2:39 PM To: Trace Andersen Canderson@weldgov.com> Subject: Warranty Bond USR17-0072 Release Request Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Trace, Can I request the release on Warranty Bond USR17-0072 for the CR 23 and CR 24. Improvements. Thank you — Chris AlMM. NORTHERN COLORADO CONSTRUCTORS, INC. Chris Udel, Project manager 9075 WCR 10, Rut Lipton, CO 80621 P: 393.857.1754 I F: 303.957.2933 I C: 970.539.8328 Help conserve our natural resources. do you really need to print this ema1P. 2 Jazmyn Trujillo Martinez From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Dawn and Jazmyn, Trace Anderson Monday, November 16, 2020 11:31 AM Jazmyn Trujillo Martinez; Dawn Anderson USR17-0072, CR 23/24 IA Ready for release I M G_5005.J PG Follow up Flagged I have received notice and verified the utility pole on the NW corner of the CR 23 & 24 intersection has been removed. A discussion with Nick Marquez concluded this was the last outstanding punch list item to be completed. USR17-O072 is ready to be processed for release to warranty. Dawn — if there are any other concerns with the project prior to release to warranty please let me know. Thank you, Trace Anderson Development Review Inspection Public Works 1111 H Street Greeley, CO 80634 tandersonPwelddov.com tanderson(aco.weld.co.us Mobile: 970.397.4515 Office: 970.400.3714 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. I. Contract Form New Contract Request Entity Information Entity Name* NORTHERN COLORADO CONSTRUCTORS Entity ID* `=00011074 ❑ New Entity? Contract Name* Contract ID IA19-0020 USR1 7-0072 COLLATERAL RELEASE FROM 4400 PROJECT TO WARRANTY Contract Status CTB REVIEW Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email jtrujil lomartinez@weldgov.c om Parent Contract ID Requires Board Approval YES Department Project f Contract Description* IAl 9-0020 USR1 7-0072 PIONEER LAND COMPANY, LLC C; O NORTHEN COLORADO CONSTRUCTORS. INC. COLLATERAL RELEASE FROM PROJECT TO WARRANTY RELEASE BOND NO.2277895 IN AMOUNT OF 5782,324.00 AND ACCEPT':, WARRANTY BOND NO. 2277895M IN AMOUNT OF $117,423.60 Contract Description 2 Contract Type* AGREEMENT Amount* $117,423.60 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorksg. weldgov.com Department Head Email CM-PublicWorks- DeptHeadgweldgov.com County Attorney BOB CHOATE County Attorney Email BC H OATEg CO. W ELD. CO. US Requested BOCC Agenda Date 01:27;2021 Due Date 01/23;2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 01/202022 Termination Notice Period Committed Delivery Date Expiration Date* 01;27!2022 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 01;20.2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02;03/2021 Originator JTRUJILL©MARTINEZ Finance Approver CHRIS D'OVIDIO Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 01121x`2021 01;22{2021 Tyler Ref # AG 020321 CLERK TO THE EOARD PHONE: (970)400-4227 FAX: (970) 330-7233 1150 O STREET P, O. BOX 758 GREELEY, CO 80032 February 26, 2021 Mrs. Dulce R. Huggins Flood and Peterson 4821 Wheaton Drive Fort Collins, CO 80528 Release Subdivision Bond #2277895 — USR17-0072 — Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. Dear Mrs. Huggins: Enclosed please fire ;the released Subdivision Bond and a copy of the Board of County Commissioner's Resolution, dated February 3, 2021, authorizing the release of the Subdivision Bond #2277895 held as project collateral in the amount of $782,824.00 for USR17-0072, Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. 7 7v-- tr yours, Cheryl L offman Deputy Clerk to the Boy d Enclosure cc: - Davyn Anderson .and Jazmyn Martinez,. Department of Public Works Tom Parka and..Kim Ogle, Department of Planning Services Clerk to the Board File PL2529 Sas • ProallarmaallanIMMESSIN atmallMIllkaggiginaffilla aminizonams maaanummesseaci SEEMS.MINNIMEMONMENINNE Y I� ru Lan r- t_n Ir C3 C3 C3 3-91 r� ti cc io 0 ILI� co U-1co cc in 0 I — (f) IW ers O 2 � Eb j ® a'' ', we +e 1 oin O T o.. 0 CSIRSa DULACE • as 1 .UGGINS :..r... - FLOOD AND PETERSON 4821 WHEATON DRIVE FORT COLLINS CO 80525 .-- :c"�-•,wMurls-- Vii: .ere----•.: _ ® Complete items 1, 2, and 3. s Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: tuick: it4s orLbocv aassoN detc„21 u)friekrb.14 Tolvg roor Co tom-! N5, co 806025 m I i 9590 9402 4445 8248 1204 9 II I 2. Article Number (Transfer from service label) '017 145® ❑00-0 9675:29.03 3= U U a5 v d 45 U 0 CC E L. u� 0 U L N 0 CC ts 'l7 .1477. a) G� E062 SIL96 0000 Q5fit VIOL A. Signature °°sue .. y y. Ji ® Agent a Addressee S a 9 B. Received bPrinted Name) C. Date of Delivery (4-1 Otes:Cy. 7 'A. 1-z-- 4.4 y�3 t D. Is delivery address different from item 1? El Yes If YES, enter delivery address below: atio ,F 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery 7 Insured Mail Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express ❑ Registered Malin' ❑ Registered Mail Restricted Delivery ❑ Return R-eceipt for Merchandise ❑ Signature ConfirmationTm ❑ Signature Confirmation Restricted Delivery. Form 3811. July 2015 PSN 7530-02-000-9053 Domestic Return Receipt r 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Insured Mail • Insured Mail Restricted Delivery, (over $500) s a. •-• /,t"'' ,nT�.b...;:cscf�p.':alt.▪ :et C..._.:.._-.zs..e.Jv._,...$*.,n1%........;es....... SENDER: COMPLETE ` THIS SECTION Complete Items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: brite --� fit s to ern Periasor4 girg degi Ix) u vec: otre co ate-! 1/46, Co flo5e25. P d F a_ 9590 9402 4445 8248 1204 90 • A. Signature X D. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No _2._. Article_Number_frransfer_from, service label} 7017 1450 ❑0Q0 967.E 2903 .r-IZENS _ PS Form 38119 July 2015 PSN 7530-02-000-9053 For deJ><�ery, information, -visit our webs�te at`,:www.usps:com®. IJNM/1LY Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Returri Receipt (hardcopy) $ ®Return Receipt (electronic) Certified Mail Restricted Delivery $ $ Adult Signature Required $ © Adult Signature Restricted Delivery $ Postage Total Postage and t=ees Se, Streit ndApt. No.,, or PO S 0%. 04:44, Postmark Here ❑ Priority Mail Express®. ❑ Registered Mailrv; ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmationrm ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt at.0.1a.S, S y SUBDI \V ALL MEN BY THESE PRESENTS, that we 9075 W 10. Fort Lupton, CO 30021 as Principal, and N }.nth American Specialty Insurance Conran authorized to do businessthe State of Colorado "'17895 o , as Surety, are held and fit ' y bound unto Board of County Com . sioners ,Bute of Cobradc as Obligee, in the penal sum of even Hundred Eighty -Two Thousand, Eight p.•`ndred Twenty -Four and no/100ths (s 732,824.0 the United States of America, for the ment of which \\Fell and truly to be ma administrators, successors and assitans, join 1 nd severally, firmly by these pres WHEREAS, Northern Colorado Consuctors Inc. DO LLAR.S, law.fill money of we bind ourselves, our heirs, executors, has agreed to construct in CR 23 & CR 24 Imp r• :�uements I®c ;�l.:d in part of NE, SW, SE 1/4 Section 12, T2N, R67W of the 6th P.M. County of Weld, S.- fie of ,�':olorado the following improvements: as detailed in J T Consu, ng, Inc. Opinion of Probable Construction Costs for CR 23 & CIS 24 Improvements, dated June` 39 2 �� 9 NOW„ THER_EF RI- , ' _ 'HE CONDITION OF. ` HIS OBLIGATION UCH, that if the said Principal shall construct, or have constructed, the improvements herein. dcribed and skull save the Oblib �:e harmless from any logs, cost or damage by reason of its failure to complete said work r`' en this obligation shall be null and void otherwise to remain in full force and effect. Signed., sealed and dated this 13th 5-3" 9/G E 2/98 day of June , 2019 Northern Colorado Cons ctors, Inc. North American Specialty Insurano By: D erne Krings d Prinipaf At`o ay -in -Fact m KNC) • LL MEN BY THESE PRESENTS, THAT North American f laws oft` State of New Hampshire, and having its principal office in b Company- orporation organized and existing under the laws of the ' City, Missou ` and Westport Insurance Corporation, organized undr Kansas City, N ssouri does hereby- make, constitute anti appoint: -a% SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY Lv�L,q ASHINGTON INTERNATIONAL INSURANCE COMPANY �L�r/Y STPORT INSURANCE CORPORATION GENERAL PC oat f we a ��F� No A. o L • ° bern-Ity RUSSELL D. LE , DARLENE KRINGS, K'ANNE E. VOGEL, ROYAL R°�,�.. TEVEN J. BLOHM, DULCE R. HUGGINS, AND KRISTEN PEREIRO Ling ea GER 'wad and exi ing under Co ceo'�. tho R eQvnip ' r•,siurance ic4Z/ /Mr et) by ra a Its true and lawful Attorney .. )-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, e.e. obligatory in the nature of a b`.nd on behalf of each of said Companies, as surety, on contracts of suretyship as are o law, regulation, contract or othe`,;vise, provided that no bond or undertaking or contract or suretyship executed u amount of: FIFTY MILLION ($50,000,000.00) DOLLARS ay be reel.._ r this authority shall ems_ This Power of Attorney is granted Directors of North American Specialty' In on March 24, 2000 and Westport Insurance -id is signed by facsimile under and by the authority of the folio‘ i ' ante Company and Washington International Insurance C. :,•rporation by- written consent of its Executive Committ- `•RESOLVED, that any two of the Presiden the Secretary' or any Assistant Secretary be, and ea in the given Power of Attorney to execute on behalf hereby is authorized to attest to the execution of al an any Senior Vice President, any. Vice President 1 or any of their hereby is authorized to " the Company bonds, undertakings an st` ,1 Power of Attorne�� and to attach FURTHER RESOLVED, that the signature of such o certificate relating thereto by facsimile, and any such Power binding upon the Company- when so affixed and in the future 0011I111111/1/4/ `�a��itilif"'"'"i uo , \0NA j � yjy�rr`r Q• 0e . SEAL veS .o ' T rn • 0 .....-••�4 iti�ir,.i:t,.ix By. cers and the seal of the CoAttorney or certifica w`, h regard to any b �..' Steven P. Anderson, Senior t'ic & Senior Tice Pre & Senior Vice P: ' ng Resolutions adopted by the Boards of pang at meetings duly called and held dated July 18, 2011. ,y. , ,-`ny Assistant Vice President,. ex-, `ute a Power of Attorney qualifying the attorney named •<`all contracts of surety, and that each or any of them erein the seal of the Company; and it is t= ' pang may be affixed to any- such Poi,ver of Attorney or to any -` caring such facsimile signatures or facsimile seal shall be d, undertaking or contract of surety to which it is attached." sider silent of 14 ashinaton International Insurance Company t of North American Specialty Insurance Company of Westport Insurance Corporation By Mike A. Ito, Sen'ar Vice President of tt'., IN WITNESS WHEREOF, North American Specialt Insurance Corporation have caused their official seals t this 4TH day of DECEMBER , 20 l f State of Illinois County of Cook ss: r On this 4TH day of DECEMBER Washington International Insuranc Westport Insurance Corporation of North American Specialty being by' ale drily sworn, voluntary act and deed o &S ltington International Insurance Company for Vice President of North enior Vice President of Westp 0 merican Specialty Insurance Company Insurance Corporation nsurance Company, Wash �� * O .o 0 EAL %Vs ant a esttess 0,4 eO-4omae°ea aton International Insurance Company and Westport e hereunto affixed, and these p cents to be signed by their authorized officers this orth American Specialty Insurance Carr Washington International Insurance Compa `Westport Insurance Corporation ny 18, before me, a Notary Public personally appeared Steven P. nderson , Senior Vice President of e .ompany and Senior Vice President of North American Specialty Insuran`•:, d Michael A. Ito Senior Vice President of Washington International Insuran Company and Senior Vice President of Company and Senior Vice President nsurance Company and Senior Vice President of Westport Insurance Corporation, rsonally known to me, who a ` lowledged that they sighed the above Power of Attorney as officers of and acknowledge heir respective companies. OFFICIAL SEAT. Ni. KENNY Notary Public - Stat4 of till,3Grs '4i•,t Commission crt Expires 12,i04'2ttp • '. said instrument to be the Kenny, Notary Mtt Go berg , the duty. elected Vice President and Assistant Secretary of North American Specialty Insurance Company` ; Insurance Company and 'Westport Insurance Corporation do hereby' certify that the abe've and foregoing is a true and cop ttorney- given by said North American Specialty Insurance Company. Washington Inizern'd_iional insi.≥ras�ce Company and ��' lion which is still in full force and effect. on I, Jeffrey' Intemati Power o Corpo;' IN I1 NESS WHEREOF; I have set my hand and affixed the seals of the Companies this as.- of �� 2 1 r Washington t copy- of a West Insurance Jeffrey Goldberg, Vice President & :assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & trice President & Assistant Secretary- of Westport Insurance Co ati Uri CLERK To THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 February 26, 2021 Chris Zade1 c/o Northern Colorado Constructors, Inc. 9075 CR 10 Fort Lupton, CO 80621 RE: Release of Project Collateral --- Subdivision Bond #2277895 - $782,824.00 and Accept Warranty Collateral — Maintenance Bond #2277895M _ $117,423.60 - USR17m0072 -® Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. Dear .Mr. Zadel Enclosed please find a copy of the Board of County Commissioner's Resolution, dated February 3, 2021, authorizing the release of Subdivision Bond #2277895 held as project collateral in the amount of $782,824.00 to Mrs. Duice Huggins at Flood and Peterson and accepting warranty collateral in the form of Maintenance Bond #2277895M in the amount of $117,423.60 through North American Specialty Insurance Company. The original Subdivision Bond in the amount of $782,824.00 has been returned to North American Specialty Insurance Company via Mrs. Dulce Huggins, Flood and Peterson, 4821 Wheaton Drive, Fort Collins, CO 80525. If you have any questions, please contact me at (970) 400-4227, or email choffman@welcigov.com. .y truly yours, Cheryl Ho r an Deputy Clem to the B Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Public Works Tom Parka and Kim Ogle, Department of Planning Services . Clerk to the Board File PL2529 RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR17.0072 - PIONEER LAND COMPANY, LLC, C/O NORTHERN COLORADO CONSTRUCTORS, 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 5th day of December, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Pioneer Land Company, LLC, 4401 Coriolis Way, Frederick, CO 80504, c/o Northern Colorado Constructors, Inc., 9075 CR 10, Fort Lupton, CO 80621, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0072, for Mineral Resource Development Facilities, including Open Pit Mining (sand, gravel and stone) and Materials Processing in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: SW 1/4 SE1 /4 of Section 1, Township 2 North, Range 67 West; and part of the N1/2 of Section 12, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Pioneer Land Company, LLC, c/o Northern Colorado Constructors, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Subdivision Bond No. 2277895 from North American Specialty Insurance Company, in the amount of $782,824.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Subdivision Bond, as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Pioneer Land Company, LLC, c/o Northern Colorado Constructors, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED that Subdivision Bond No. 2277895 from North American Specialty Insurance Company, in the amount of $782,824.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc: PG.ttio/triR), Pw(T7/EP/£RICH) O9/O9 / 19 2019-3456 PL2529 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT - PIONEER LAND COMPANY, LLC, C/O NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of July, A.D., 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datifmJ jelgo; ei EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY: APP unty "orney Date of signature. Oi(/o7/M Mike Freeman, Pro-Tem Steve Moreno 2019-3456 PL2529 -N 63.:Z tSC *361 G BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Pioneer Land Company, LLC, c/o Northern Colorado Constructors, Inc. — USR17-0072 DEPARTMENT: Public Works DATE: July 18, 2019 PERSON REQUESTING: Tisa Juanicorena Brief description of the issue: The Department of Public Works received a request from the applicant, Pioneer Land Company, LLC, c/o Northern Colorado Constructors, Inc., requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (USRI7-0072). Collateral is required with this agreement and has been secured in the form of a Subdivision Bond in the amount of 5782,824.00. Please note, upon final approval and inspection, Weld County will pay a proportional share of 55% of the actual Project Cost. Weld County Public Works, Planning Services and the County Attomey's Office have reviewed the above -mentioned signed original'document and observed the following: • All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exist for the Board? . 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for USR 17-0072, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Anprowz Sgh�lc A.a_Rc W r Recommendation ntx' _ Flooring hem Other/Comments: Sean P. Conway Mike Freeman. Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno ©1,31 2019-3456 Pi_asael IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Pioneer Land Company, LLC, c/o Northern Colorado Constructors, Inc. — USR17-0072 II-- U THIS AGREEMENT is made this lD day of (A. 201 1, by and between Pioneer Land Company, LI.C. 4401 Coriolis Way, Frederick. CO 80504, e10 rthern Colorado Constructors. Inc., 9075 C R 10, Fort Lupton. CO 80621, corporations organized under the laws of the State of Colorado, 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 of the following described property in the County of Weld. Colorado: SWI/4 SEI/4 of Section I. Township 2 North, Range 67 West: and part of the NI/2 of Section 12, Township 2 North, Range 67 West of the 6th P.M.. Weld County. Colorado hereinafter referred to as "the Property... and WHEREAS, Property Owner has received Board of County Commissioner approval of USR17-0072, and WHEREAS, Property. Owner acknowledges that the final approval of USR17-0072 is conditional upon Property Owner's funding and/or construction of the off -site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A -1 —Off-Site Costs of Construction. Exhibit B-1 —Off-Site Construction Schedule, Exhibit A-2 -- Future Improvements Costs of Construction (to be attached per section B.3.0)_ Exhibit B-2 -- Future Improvements Construction Schedule Triggers (to be attached per section B.4.0). Exhibit C — Construction Plans. Exhibit D — Plat Map (recorded simultaneously w ith this Agreement). and Vs WHEREAS, Property Owner acknowledges they may, not operate as described in USR17-0072 r until said improvements have been completed and accepted by County, and �x Si WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Section 23-2-290. the failure to commence construction of the improvements outlined herein within three o= S�(3) years of the approval of CASE NUMBER may result in the revocation or suspension of USR17-0072. t—` upon consideration and order of the Board of County Commissioners. and 4, o a- °Ct Vv IEREAS_ the parties agree that the Property Owner shall provide collateral for off -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. too. CO';Ve, Nlac Pioneer I anti to npanv I I C Conslrua„r._ lac 1 SRI7-0072- 1,110-0020 20/ 61-- Fl;�� I'apc 1 ul Li c�-� V'av� NOW, TrIEREPORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: PART I: SITE SPECIFIC PROVISIONS A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible for the construction of certain off -site safety improvements identified in the USR hearing Resolution, which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW' connecting to the county road system, and off -site drainage and sianage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. Any approved access point(s) improvements will include standard County approved tracking control, and may include a double cattle guard set (one right after the other), placed back to back across the entire width of the access. to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent County road. Additional Off -Site Improvements to be constructed prior to operation are: I) Design, re -align, and construct a paved roadway along CR 24 heading east toward intersection of CR 24 and CR 23 and to align center lane with the project access and to include a right turn lane to head south on CR 23 2) Design and construct a left turn lane heading north on CR 23 at the intersection of CR 23 and CR 24, to turn left onto CR 24 heading west 3) Design and construct a right deceleration/tum lane on CR 23 turning east into project access 4) Design and construct a left turn lane to leave the access and head south on CR 23 1.0 Road Improvements Responsibilities. Property. Owner is solely responsible for all the off -site designated improvements. 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 shall obey all applicable regulations issued by OSHA, CDOT, CDPHE. and other federal, state, or county regulatory agencies. Property owner will submit collateral to match 100% of the required project improvements. Property owner will he responsible for 100% of the construction and project costs through completion and inspection. Upon final approval- Weld County will pay a proportional share of 55% of the actual cost of the project. It shall be the responsibility of the Property Owner to provide detailed documentation to the County for the invoiced items included as proportional share. Property Owner is responsible for maintaining 100% of the designated improvements through the two-year warranty period. O o� 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified -` in Exhibit A-1 detail the costs used in determining the collateral requirement for the off -site improvements oy related to the development. A registered Colorado Engineer must sign and stamp the construction cost g= exhibit on Exhibit A -l. If more than three (3) years have passed since the last construction cost estimate �atiil was provided, the Property' Owner shall provide an updated construction cost estimate prior to the start of !t .ft construction. � oo �4 Wain 3.0 Construction Schedule Exhibit. Exhibit B-1 is provided by the Property Owner indicating the - °4V construction schedule for all off -site improvements, including an anticipated completion date. Property i' Owner shall not commence construction of any improvements, record plat, or receive any permitting prior d�t% '�.a to approval of the of this Agreement, the attached Exhibit C, receipt of the appropriate Grading Permit, maw Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all a;b- improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event Ng PliC N� Pioneer Land Company. LLC, c/o Northern Colorado Constructors Inc - UtiR 17-007? - IA t9-00?0 n, `..= Page 2 of 13 VaSii 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. Property owner is responsible for submitting. collateral that covers 100% of the designated improvements. Once construction is completed and satisfactorily inspected, collateral may be reduced to 15° o of the 100% submittal for an additional two-year warranty period to ensure the integrity of constructed improvements. Additional information about collateral is outlined in Part II.B of this Agreement. 5.0 Al -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. B. Future Off -Site Improvements: 1.0 Traffic Triers. When the Property's traffic reaches certain safety thresholds as set forth in this agreement, the Property Owner shall design and construct certain road improvements based on the amount of traffic being generated by the site. Property Owner's development may not currently meet the traffic safety triggers requiring the improvements specified below. However, future off -site or phased improvements may be warranted in the future and/or if the haul route changes. Property Owner is required to design, obtain right-of-way, relocate utilities, and construct said auxiliary lanes into or out of their site when all traffic to/from the Property meets the traffic triggers or causes safety' concerns. Additional future improvements will be discussed at the time of concern. 2.0 Property Owner's Responsibilities when Future Triggers are Met. Property Owner is solely responsible for all designated improvements and the cost. These responsibilities include but are not limited to the following, as applicable: 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 shall obey all applicable regulations issued by OSHA. CDOT- CDPHE. and other federal_ State. or County regulatory agencies. 3.0 Cost of Construction Exhibit, When the trigger is met the Property Owner shall submit Exhibit A-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating the cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral requirement for the development. Construction costs must be obtained through a registered Colorado Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that have project collateral. Nevv or additional collateral may be required for the triggered improvements. If required. collateral shall be submitted at the same time as Exhibit A-2. Exhibit A-2 shall be attached to this Agreement and incorporated herein once approved by the County. 4.0 Construction Schedule Exhibit. When the trigger is met the Property Owner shall submit Exhibit B-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating the construction schedule, including, completion date for the improvements Property owner shall not commence construction of improvements prior to approval of the Construction Plans and receipt of the appropriate Grading, Permit- Access Permit, and/or ROW Permit. Property Owner shall complete all improvements in accordance with the construction schedule exhibit. The construction of the triggered improvements shall be completed within the specified timeframe, which may not exceed three (3) years Pienter Land C ompam . 1 1 C _ chi 4orthern Colorado ( othauc'.o s. I u - t'0)121? -0072 - IA 10-0020 Pip..e 3 ul 13 from the date the trigger is first met. Year I design deadline: Year 2 ROW/Utilities: Year 3 Construction. Property Owner shall collateral ize 100% of the cost of the construction improvements, including design, right-of-way, and utility relocation cost within six months of being notified of meeting the triggers. Exhibit B-2 shall be attached to this Agreement and incorporated herein once approved by the County. 5.0 Collateral. Collateral for any additional improvements required by the triggers may be required by the BOCC. 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 ILB of this Agreement. 6.0 As -Built Plans. -'As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once 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. C. Haul 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. 1.0 Haul Routes. The following roads are designated as hauUtravel routes for the Property. 1) North on CR 23 into the site: South out of the site onto CR 23 2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 23 and travel only north toward/into the site and exit traveling south on CR 23 for further dispersal. Any County roads used by USR17-0072 traffic may become part of the established haul/travel routes. 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and axle configurations unless overweight permits have been applied for and granted. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route for a limited period (six months or less), Weld County Public Works may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months or requests for one (1) 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. a5.0 Haul Route Signage. Property Owner shall install travel route signs, it -applicable. as per Manual $_sof Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. .A. Sw 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this o Agreement, no use of any roads other than those specifically authorized for use in this Agreement is �0ate permitted without the prior written amendment of this Agreement. w u �a D. Maintenance Requirements: Q4Q�-C ac I.0 Off -site recurring maintenance, if applicable, as required by the Board: �rl t 2.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation. tLK.� ouA patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving win g"„ q•••leM^ Pioneer I and ompany. ' LC elo Northern Colorado Constructors, Inc - l SR 17-0072 - IA 19-0020 H,y= Page 4 or I SzSms measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 3.0 Need for Immediate Repairs: In the event of damage to a designated 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 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 (?4) hours after receipt of such notice and shall commence such repair within forty-eight (48) (tours 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 identities 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). 4.0 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs. County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements. Property Owner shall submit Off -Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 5.1 In County's sole discretion. County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. y U� yy_=as 3� 4 �ss'6 6,MAI �Nzy .,:in m� ;�� 6 d •• mu Al � w -- N• - Nss IR. NY�7 R!a a0= ao;— QAU� 5.0 Calculation of Property Owner's Proportional Share of Repair/Maintenance 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 Owners 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. Ube County shall have sole responsibility for determination of Property Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. 7.0 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. As a result of the annual inspection. County. in its sole discretion. shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data become avai lab le. 8.0 Notification. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to pioneer' and company f I C an \orthc n C Jocido Constructor,_ Inc - "SR I7-007'_ - IA 19-0020 Price S vl 13 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 11: GENER.1L PROVISIONS A. Eneineerine and Construction Requirements: I.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 off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, 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. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements. Property Owner shall acquire. at its sole expense, good and sufficient ROW and easements made necessary for the improvements. the County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense. the improvements (and any drainage -related structures required by any MS4 permit) 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. i� 2 .sE ug • 0 �b OOEM � 101 OM It 6U w Rea firl[S• 4.0 'resting. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction: and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work. or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications. including but not limited to damages to property adjacent to the construction plan area shall be repaired- removed or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. Design and construction of all off -site improvements shall contorm to the current version of CDOT's --Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Guidelines. Pioneer ompam. I 1 C. c/o Northern Colorado Constructors_ hu - t. SR{ 7-0071_ - IA 19-011'0 Page G of 13 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 signaue shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Prefect Collateral is required for completion of off -site improvements. as described in this Agreement; (2) Warranty Collateral is required for all otTsite improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. 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. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to time. NE 2 o� _. r E. 3. v m1=7 Q "Ns� r -4M ac. aa s ®o � 0' P ts_ iiz�� V'mci� 3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld County Code. For collateral release. the Planning Department conducts inspections for on -site improvements. and the Department of Public Works conducts inspections for off -site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral, or may be submitted separately by Property' Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. Road Maintenance Collateral may be withheld from and at the time of release of Warranty Collateral, or may be submitted separately by Property Owner. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project. the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: Pioneer Land Corupany L LC. c/o Northern Colorado Constructors_ Inc - ONR. ) 7-007'- - IA19-0020 Pa_e7ot-13 3.2.1 The Property Owners Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2 .2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3 2.3 -As-built' plans shall he 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 tier Release of Collateral. Following a written request for release of collateral. County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Commissioners may release said collateral. C. Acceptance of Improvements: I.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Department of Public Works and request an inspection of such improvements. Upon request. County personnel will initiate the inspection, approval. and acceptance process. 2.0 Inspcction, 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.3.2.3. above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans. the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shalt initially approve the Off -Site Improvements. VNaRg :A ILL ONIM Eli iL - e4 0 NNN(98 a 2.2 Iwo -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 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. Pionccr I and Compmtr. 1 I C. c/o Nvnhcrn Culor;tdo Constructurr. Inc - l:SR 17-0017 - IA 19-0020 Pngc8orl3 2.3 Placement of Improvements into Service Prior to County Approval. if requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit_ but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County' may, at its option. issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. D. Access and Right -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 8 of the Weld County Code. any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. E. Enforcement and Remedies: I.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) days within which to either cure the violation or demonstrate compliance. 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. O 224 U�t _L r� 3x a� 4gl os 0.1as g•..ac vu� _= a► {{{may1►►t rlp�� f MN 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. 2.3 Court Action. County may seek relief in law or equity, by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 2.4 Revocation of tSR 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 Ptonetr Land c ompany. LLC c/o Noahtrn Co[orado C ons[ructors. Inc - t SkI7-0072 - IA.19-0020 Page 9 of 13 in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 Termination of Aareement. 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 raider Weld County Code Section 23-2-290. However, County may still exercise all necessary activities under this Agreement that the County determines necessary' to protect the health, safety, and welfare of the residents of Weld County. 3? 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. 3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property owner or operator who has purchased the Property or has assumed the operation of the business permitted by the USR, and intends to make use of the rights and privileges available to it through the then existing USR. 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement. which may be completed by County after accessing Property Owner's collateral if Property Owner fails to complete such improvements. F. General Provisions: I.0 Successors and Assigns. 836 b� Baia O '■$" ma • Ale g� ac � dam; muz 4q L _ r 41% IQ 49v� (.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. Consent to a delegation or an assignment will not be unreasonably withheld by County. 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. 1? County's rights and obligations under this Agreement shall automatically be delegated. transferred. or assigned to any municipality which, by and through annexation proceedings. has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. ?.0 Severabilitv. 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. Pioneer Land Company. LI.C. c/o Northern Colorado Constructors. hie - USR 17-007' - LA 19-002_0 Pate 10 or 13 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities. rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rides and/or regulations shall be null and void. In the event of a legal dispute between the parties. the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement. the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 2 y U� a� 1.4 0.7M Ve.30 ota� . pan gg a r OU�G pia, W T 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above. together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvetents 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. 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 Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County. Property' Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. Pioneer Land Company. LLC. clu Northern Colorldo Cunsuuctors. Inc - CSR 17-00-72 - IAN-Q0?0 Pay.e 1101 n3 11.0 Acknowledgment. County and Property Owner acknow ledge 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. 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. 4513272 Pages: 12 of 40 05/09/Z010 10:43 titl R Fee:$0.00 Carly Kappa., Clerk and Recorder, Weld County, CO �IIIINVII&Nt'lliNQh+il 9'01 111111 Pioneer and C tnpanI 1 C. clo Northern Colorado Constructors, Inc - t SR 1? -0072 - IA 19-0020 Page 12 of 13 PROPERTY OWNER: Pioneer Land Company, LLC Bv: + Name: t7Mda VDGaC,A h�..t!f- Title: mt.*, 6cr-- Date: 7-4 - /9 LESSEE (IF APPLICABLE): Northern Colorado Constructors. Inc. By: Name: Title: STATE OF COLORADO Date: ss. County of Weld 1 }tl1-114 "the foregoing, instrument was acknowledged before me thi day of 201q, by 7`14 oinks �11YI+C.I+ � e-kIrt S "ec,..cte- WI FNESS my hand and official seal- MELISA HANSFORD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074038662 MX Luvitim.1i)n CAriRes °Co.., ce i9 WELD COUNTY: ATTEST: � X:114'ii Weld C+utyClerk to the Bo.`d BY: Deputy CI e !' to t tr B 4513272 Pals: 13 of 40 0!!/09/2019 10:43 RM R Foo:$0.00 Cer1Y *Mee, Mere end Reorder, Weld County, CO Wildn4ki011 :1101P141AVIANAlla4iUk 11111 tallz" � Notary. Public BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO Mike Freeman, Pro--`tem JUL 12019 Painecr Land Compam. [AC eA) NorthernColorado Cnu,trueter, Ini - 1.SR 17-0072 - IA 194 2_0 Pttga 13 0l 13 J&T Consulting, Inc. ©pinion of Probable Construction Costs 2019 AT Consulting. Inc.. Northern Colorado Constructors 7,17/2019 CR 23 & CR 24 Improvements Item Number Description Quantity Unit Unit Price Total Price CR 23 & CR24 Improvements General Items 1 Project Mobilization/Demobilization 1 LS $20,000 $20,000 2 Traffic Control 1 LS $40,000 $40,000 3 Erosion Control 1 LS $12,000 $12.000 4 Vacuum Truck / Probe Potholing 1 LS $5,500 $5,500 5 Construction Staking 1 LS $7,500 $7,500 Roadway lnfrasovctUre 6 New Striping - Double 4 in Yellow 1,175 IF $4 $4,700 7 New Striping - Single 4 in White 5,425 LF $2 $10,850 8 New Striping - 8 in White Channel 1,095 LF $4 $4,380 9 New Striping - Yellow Median Cross Hatch Including Border 1,540 SF $6 $9,240 10 Furnish & Install Ground Sign (turn only, stop, no through) ^ 5 FA $385 $1,925 11 New 24" Wide Preformed Thermoplastic Stop Bar - White 53 LF $50 $2,650 12 New Preformed Thermoplastic Turn Arrows - White 62 SF $500 $31,000 13 New Preformed Thermoplastic Text - "Only"- White 90 SF $500 $45,000 14 New Preformed Thermoplastic Thru Arrows - White 50 SF $500 $25,000 15 2 in Hot Mix Asphalt Pavement Top Lift in Widening CDOT Grade SX PG 64-28 (100) 675 TON $118 $79,632 16 3 in Hot Mix Asphalt Pavement Base Lift in Widening CDOT Grade S PG 64-22 (100) 1,013 TON $118 $119,448 17 9 in Class 6 Roadbase Under Widening Pavement 1,635 CY $42 $68,670 18 Earthwork - Cut to Subgrade 2,660 CY $6 $14,630 19 Earthwork - Fill to Subgrade 3,540 CY $15 $53,100 20 Muck excavation, 2ft depth assumed 1,000 CY $20 $20,000 21 Remove & Dispose Existing Asphalt (approximately 6") 1,760 SY $7 $12,320 22 Sawcul Existing Pavement for Clean Edge 1 ft Inside Edge of Existing Pavement 2,665 LF $3 $6,663 23 Excavate to Subgrade (9 in Depth) Under 1 ft Asphalt Strip Removal 75 CY $20 $1,500 24 Clear & Grub 2,6 AC $2,800 $6,760 4513272 Paps: 14 of 40 00/00/2010 10:43 Art R Fes :$0.00 Carly KOPPea, Clerk and Recorder, Weld County, CO �III�I��I'J�t +ti'MI> 'IW I 114AVIAIIIIiii *A II III VIII iltil Opinion tP 2019 isT Northern Colorado Constructors *UT Consulting, Inc. 7/17/2019 of Probable Construction Costs CR 23 & CR 24 Improvements Consulting. Ines Item Number Description Quantity Unit Unit Price Total Price 25 3 in Asphalt Mill and Overlay CDOT Class SX PG 64-28 (100) 570 TON $164 $93,380 26 3 in Asphalt Overlay CDOT Class SX PG 64-28 (100) 382 TON $129 $49,170 27 Reset Manhole Rim 1 EA $850 $850 Oralnaae Swale 6 CuNM 28 Ditch Grading - fill (2 ft Deep V -Ditch) 300 CY Se $2,400 29 Ditch Grading - Cut (2 ft Deep V -Ditch) 105 CY $11 $1,155 30 14"x23" CLASS III HERCP 78 LF $90 $6,991 31 14"x23" Flared End Secitan 2 EA $1,200 $2,400 32 3' Deep x 8" Wide Cut -Off Wall 1 LS 5700 $700 33 18 inCMP 42 LF $45 $1,890 34 18 in CMP Flared End Section 2 EA $250 $500 Other Mams 35 Seeding Restoration. Including Grading, Soil Prep 2.6 AC $2,600 $6,760 36 Relocate Barbed Wire Fence 2,120 LF $6 $11,660 37 Relocate Power Pole 1 EA $2,500 $2,500 Total 5782,824 4013272 Pam: 15 of 40 00/011/2018 10:43 AM R Fee:$0,00 Carly KOPPee, Clark and !Warder, Weld County, CO Mitten Cds.r•O1'1• t•pomarta c r.0 I a S 1 / al e 4 ■ a f Ott tf mg a � TN•NPn P.Nlon son ",.r rynal4 M Xi MonlWNonond Caralru don 3Ow Tha 1/4/]9 Thu4/Y79 t• 7 awt Plow Wilt Control mild* 14rn fn 1/2/19 Ron 8/3/19 Pa414•Is froYan*wool ldot lw 01//19 Val MO t14•r••d Grua 140 WN6/r/79 w•dvans E4nllftslt 3 dm Thu 8/8/19 81•91/14/16 Wb9141O3. 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SUBDIVISION BOND Bond No. 2277695 KNOW ALL MEN BY TFIESE PRESENTS, that we Northern Colorado Constructors, Inc. 9075 WCR 10; Fort Lupton, CO 80621 as Principal, and North American Specialty Insurance CQmoany authorized to do business in the State of Colorado , as Surety, are held and firmly bound unto Board of County Commissioners County_OfitLetd, State of C❑loradrz as Obligee, in the penal stun of Seven Hundred Eighty -Two Thousand, Eight Hundred Twenty -Four and no/100ths----- (S 782 824.00 ) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Northern Colorado Constructors, Inc. has agreed to construct in CR 23 & CR 24 Improvements located in part of NE, SW & SE 1/4 Section 12, T2N, R67W of the 6th P.M. County of Weld, State of Colorado the following improvements: as detailed in J & T. Consulting, I,nc. Opinion of Probable Construction Costs for CR 23 & CR 24 Improvements, dated June 13. 2019 NOW, THEREFORE, THE CONDITION Or THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, dtc improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said worts, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and dated this 13th day of June 3-3669/0E u9e . 2019 Northern Colorado Constructors -Inc By: s PtInctpal ?Awn Specialty insurauce_Company ene rcrings nttwnsydn•Fact XOP SWISS RE CORPORATE SOLUTIONS NORTEI AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALI. &WV iyY TIiESE PRESENTS. THAT North American Specialty insurance Company. n corporation duly organized and existing udder last s of the State of New I lampshirc, and having its principal office in the City of Kansas City. hlissouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of Nest Hampshire and hating its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized udder the laws of the State orMissnun, and having its principal office. in the City of Kansas City, Missouri does hereby make, cnnslitute andappoint: RUSSELL D. LEAR. HARLEM': KRINGS, K'ANNE E. VOGEL, ROYAL. R. L.OVELL., KELLY' T. URWILLL•R, WESLEY J. BLITORAC, STINE:N J BLOOM, ut1Lf'F: R HUGGINS. AND KRISTF,N RISRE1RO JONI LY OR SFVFRALLa" R; one and Ims1Ll .Aunrnc (s) -m -Fact, to male, cscagC, zeal and deli%cr.. Car and on its bob aif ,Ind as its act and deed, bonds or other orritinga obligatory in Mir nature of .1 bond on betiolfof each of said Compacles, as surety, on contra is of su•cl:shi; as are or naay be required arpermitted by hnv , reaulutiun, contra.:' or ntherysise, (brio, bled that no bond or undertaking of contract or mrelyshio exeented under this authority shall CNcced the amount oI't FIFTY NIILIDN Syt1,000,00b.001 DOLLARS E ` this Powm of Attorney is granted and is signed h} facsimile under and bt the authority of tic follioxing Resolutions adopted br IhC Roarcli of Iyirecluts of Ninth Antericao Specialty Insurance (bmpan) and Washington International in.aur ncc Courtrai* at meetings duly cidoir and held in r. March 24. Al(u and Westport Ioiuoniee C'nrpnanion by nt-Men content of us IRut:Wis c Committee dotal Jut) I R, 2011 "RGStif.VIlii. that an} teln of M.: President. any Senior Van: Pre idCl11, any. Vice Prendent, flat Assistant V;ec President, the biecrclan or .ant Assistant Secreo) be, mad each gran} of them hereby is authorized tncxecute a Power ol•Attnmey' qualifying the attonte) named in die given Ptaaer of Attorney to execute on behalf of the Company binds undertakings and all contracts of surety. and that each or any n f them hefchy is authorized to attest to the execution of rut) such Power of Atfurne) and to attach liberal!' the seal of the Company: and it is FUR H IER RESOLVED. that the signature of such officers and the ,cal of the Compares may be affixed to an; such Poc,er of Attorney or to an} ce i.ifictitc relating thereto by facsimile. and any soch Powerol'Atturue\ or cetiihcate IN:acing sticRSigualioci or ficsmiile Scat shall be binding upon the Company \then so affixed and in. the flame o ith regard tc am band tludcrlaki iR ul-_u,ttrau of silrc!} to it filch it is attached p, are,..r...64tal,s..nars ler r..trarai a et aaa„afon tnfeu0xroe:Iri a-,aonc..PI,.,., a Stirs,t 1 ter nellarnl of Nor itt r\nttriran Spectall, In.nr ace t'•••1•1•,,,• l .�tn,nr Vice Pr,•rille„1 n(\I cal Pei • h+soe.�+n C`atp.r rr..w ttl yth t %. la., Seutet Vitt Prnlann of Wshinp se binnaii.+J Innranew Cemp.ur .e s; ,. \.rr rr.,,,m I if NI•lh erred,ar, sir ion bull r.n m :t Cn.vl a 3 Syti, \"ire Pl,inenl of \leap„t I•ttur.nce Cu rportlion IN WI h fW Ir..REOF NorM 11 _ ncan Spech:li) insurance Com tasty, Washington Int,' nati Ina' lo•urauc: (ionhpan} and Westport Ire raran\c Coi poiahon :aused Moir olficiLl seal, to he hs:-cnaro afhxul, and these present; to he shoed h} tatlr authorzed olhecrs :his Ihi±Tr4TH _ day of _ DLCE\1L'ER , p at North Moot can Specialty Insurance C:ompan% N nshington International Insurance C'ompanc It-cstpnrt Insurance Corporation of Illinois CotRF:y of Cook (hl this 4TH da, of DECEMBER , dJ 18 hcihte mc_ a Not.ua Public Ile,sonalh appeared Steven P. Anderson Senor Vice I'nsideni of Witshington Intel^latino.11 {nstir:Mcc connpany mid Senior V'ico Preiidcrr, ofNurlh American Specialty insurance Company and Senior Vice President of t`estpart [n>uradcc Corporaliotl and Michael A• Ito Senior Vice Pies ideor of Washington International Insurance Company and Senio, Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Co, purt'iun. personally kno'n to me., oho being by me dais s\+oat, acknowledged that they iittned the aboee Posscr of Atlonacs as oftircri of and acknU»Iedged said instrument to be 0 tolunit} act and deed of their tesnectise companies. CHICIALSEAL u.lttrurf \ r fln� rragk;iZi n I •' 17/24407I M. Kenny, Notary Public 1. Jeffrey Goldberg . the duly elected Vice Piesidon and Assistant Secretary ofNorth Am: rid an Spray tatty insomnia: Company. Washington International Insurance Company and Westport insurance Corpotudoa do hereby certify Mir the tQn%c and tiospoing is a true and correct copy ilia Parer of Attorney given b} said North American Spccsatty knsurancr Company. R'mhiligt n ra anra(ioaal tncnranor Company and Westport Insurance Corporation which is it'll in lilt force and effect IN WTI -NESS 1ti`FIE`cF()F, I have set my hand act affixed the seals of the Companies this ltdaof <. •i lerrr<c G4•trat At Pamkillt ymar.,*krtia.)•VW*locos latmoanat haw tote Company r: bash.tmenan SistuW Inittrtn Contrastk Vree Ptenhm&Amami 3ruaty dWnom[mum. Corporal a New Contract Request Entity Information Entity Name" NORTHERN COLORADO CONSTRUCTORS Entity ID* @46611074 ❑ New Entity? Contract Name* Contract ID IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT 3016 USR17-0072 Contract Status CTB REVIEW contract Lead* TJUANICORENA Contract Lead Email tjuanicorena@co weldco.us Contract Description' IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH COLLATERAL USR17-0072 Contract Description 2 Contract Type AGREEMENT Amount' $782,824.00 Renewable' NO Automatic Renewal Grant 1GA Department PUBLIC WORKS Department Email Clvl- PublicWorks@welcigov.com Department Head Email Chet-P'ublicVJorks- DeptHead@ueldgovcoin County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYaQ4VELD GO`J.CONI Parent Contract ID Requires Board Approval YES Department Project # Requested SOCC Agenda Due Date Date' 07131/2019 07727/2619 rNll a work session with BOCC be required?" NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract tD If this is part of a MSA enter MSA Contract ID Note= the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Onaase Contract Dates Effective Date Review Date' Renewal Date 07/29/2020 Termination Notice Period Committed Delivery Date Expiration Date 07/28/2021 Contact Information Contact Info Contact Name Contact Type Contact Email Purchasing Purchasing Approver Approval Process , Department Head Finance Approver JAY MCDONALD BARB CONNOLLY Contact Phone I Contact Phone 2 Purchasing Approved Date DH Approved Date Finance Approved Date 07/24/2019 07/26/2019 Final Approval BOCC Approved YES BOCC Signed Date 07/31/2019 BOCC Agenda Date 07131/2019 Originator TJUANICORENA Tyler Ref # RECORDING Legal Counsel BOB CHOATE Legal Counsel Approved Date 07/26J2019 Submit Hello