HomeMy WebLinkAbout20091809.tiff584 RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL TO THE DEPARTMENT
OF PUBLIC WORKS FOR IMPROVEMENTS TO COUNTY ROAD 38 - PLATTE SAND
AND GRAVEL, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated December 8, 2004, the Board approved the application
of Platte Sand and Gravel, LLC, 1300 Harlan Street, Lakewood, Colorado 80215, for a Long Term
Road Maintenance and Improvements Agreement for County Road 38, with terms and conditions
being as stated in said agreement, and
WHEREAS, Platte Sand and Gravel, LLC, failed to complete all of the improvements
required, and
WHEREAS, on November 5, 2007, following a hearing on the issues, the Board determined
there were eight improvements which had not been completed, and
WHEREAS, the Board, therefore, requested direct payment of the remaining collateral in
the account of Platte Sand and Gravel, LLC, for Irrevocable Letter of Credit #00345, in the amount
of $182,208.40, to Weld County, in order that the Department of Public Works could complete the
improvements which Platte Sand and Gravel, LLC, failed to complete, and
WHEREAS, the Department of Public Works completed seven of the eight improvements,
at a cost of $60,042.84, and had only one remaining improvement to make, namely to repair the
damages to a concrete ditch, as noted on the Comprehensive Summary, and
WHEREAS, on April 23, 2008, the Board of County Commissioners of Weld County,
Colorado, partially released funds in the amount of $112,165.56, to Platte Sand and Gravel,
transferred $60,042.84 to the Department of Public Works fund for the improvements they
completed, and retained $10,000.00, to cover the cost of repairing the concrete lined ditch, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to release said
remaining collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the remaining cash collateral, in the amount of $10,000.00 be, and hereby
is, transferred to the Department of Public Works fund for reimbursement for the cost of repairing
the concrete ditch.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to transfer said funds, in the amount of $10,000.00, to the Department of Public Works
fund.
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3644584 08/24/2009 02:18P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-1809
EG0060
cc : Pl; PL .yam,
CANCEL COLLATERAL - PLATTE SAND AND GRAVEL, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of August, A.D., 2009.
ATTEST:
1861
Weld County Clerk to the B
BY
Dep
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APPROVE
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Unty Atto r ey
Date of signature
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3644584 08/24/2009 02:18P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
BOARD OFrciQUNTY COMMISSIONERS
�liam F. Garcia, Chair
41- Pe JAZ—
ouglays2Rademac r, Pro-Tem
e -j P. Conway
ra Kirkmeyer
David E. Long
2009-1809
EG0060
MEMORANDUM
WIWDC.
COLORADO
TO: Board of County Commissioners
DATE: July 28, 2009
FROM: Kim Ogle, Planning Services
SUBJECT: Platte Sand and Gravel, LLC
Full Release of Warranty Collateral
The Department of Public Works in their memorandum dated July 27, 2009 recommended the
release of monies held for the improvements associated with repair to the concrete ditch.
The cash collateral held for Platte Sand and Gravel should be released from the Trust Fund to
the Department of Public Works in the amount of $10,000.00. In November of 2007, Centennial
Bank of the West paid $182,208.40 to Weld County because Platte Sand and Gravel did not
complete the improvements. The Board of County Commissioners Resolution (#2008-1187)
states we were to hold $10,000.00 in the Trust Fund to cover the cost of repairing the concrete
ditch in order to reimburse Public Works for its costs when the repairs were completed.
The Weld County Attorney and the Department of Public Works have determined that the
required improvements have been completed to the satisfaction of the Department of Public
Works, therefore recommend full release of the collateral.
2009-1809
MEMORANDUM
TO: Stephanie Aries
Rich Hastings
FROM: Josh Holbrook
DATE: 7-28-2009
SUBJECT: PS&G Final Release
Comments
All items from resolution #2007-3403 have been completed along with the warranty period. The remaining $10,000
which is held as a letter of credit (#00345) from Centennial bank of the West can be released.
Donna Bechler
From:
Sent:
To:
Subject:
Hi Kim,
Donna Bechler
Wednesday, July 29, 2009 11:26 AM
Kim Ogle
Platte Sand and Gravel
Could you please revise your memo regarding the release of collateral for Platte Sand and Gravel to state we need to
release cash collateral from the Trust Fund to the Department of Public Works in the amount of $10,000.00. In
November of 2007, Centennial Bank of the West paid $182,208.40 to Weld County because Platte Sand and Gravel did
not complete the improvements. The Reso (#2008-1187) states we were to hold $10,000.00 in the Trust Fund to cover
the cost of repairing the concrete ditch in order to reimburse Public Works for its costs when the repairs were
completed.
Thanks,
Donna
1
Donna Bechler
From:
Sent:
To:
Subject:
Kim Ogle
Friday, July 31, 2009 8:21 PM
Donna Bechler
Re: Platte Sand and Gravel - release it
Yes, that is my understanding. Kim
Kim Ogle
Planning Services
Sent via Blackberry
From: Donna Bechler
To: Kim Ogle
Sent: Fri Jul 31 06:44:30 2009
Subject: RE: Platte Sand and Gravel - release it
Do we still release it to Public Works?
From: Kim Ogle
Sent: Thursday, July 30, 2009 11:26 PM
To: Donna Bechler
Subject: FW: Platte Sand and Gravel - release it
hnun m
From: David Bauer
Sent: Thursday, July 30, 2009 9:44 AM
To: Kim Ogle
Subject: FW: Platte Sand and Gravel - release it
Kim See below.
Dave Bauer
Weld County Public Works
Original Message
From: Josh Holbrook
Sent: Thursday, July 30, 2009 9:40 AM
To: David Bauer
Subject: RE: Platte Sand and Gravel
Dave,
We have already been paid for the work and contracted work $60,042.84. The 10,000 was more or
less a one year warranty period money.
Original Message
From: David Bauer
Sent: Thursday, July 30, 2009 8:44 AM
To: Josh Holbrook
Subject: FW: Platte Sand and Gravel
Jossh,
Please see the attached memo - is it correct? We are owed no money?
Let me know,
Thanks,
Dave Bauer
Weld County Public Works
Original Message
From: Kim Ogle
Sent: Thursday, July 30, 2009 7:43 AM
To: David Bauer
Cc: Richard Hastings; Donna Bechler
Subject: Platte Sand and Gravel
David
Does this represent an accurate reflection of the condition and Donna does this adequately address your
concerns?
thanks, Kim
2
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