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Home My WebLink About20062248.tiff 329 RESOLUTION RE: ACTION OF THE BOARD CONCERNING PARTIAL CANCELLATION AND RELEASE OFCOLLATERALFOR WELD COUNTY ROAD38-PLATTESANDANDGRAVEL,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 , and WHEREAS, on June 19, 2006, the Board of County Commissioners of Weld County, Colorado,approved Collateral for Long Term Road Maintenance and Improvements Agreement for Weld County Road 38, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Platte Sand and Gravel, LLC, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit#00345, drawn on Centennial Bank of the West,270047th Avenue,Greeley,Colorado 80634, in the amount of$911,042.00, and WHEREAS, a letter was sent by the applicant on July 28, 2006, requesting partial cancellation and release of collateral in the amount of$350,094.61; however, staff from the Weld County Department of Public Works conducted a visual inspection and recommended release of a portion of said collateral in the amount of$200,000.00, and WHEREAS,the Board of County Commissioners has determined it to be in the best interest of the County to deny both the request and recommendation for partial cancellation and release of collateral since the completed work has not been formally accepted by the Department of Public Works. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for partial cancellation and release of collateral, in the amount of$350,094.61, and the recommendation for partial cancellation and release of collateral, in the amount of$200,000.00, be, and hereby are, denied. 11111111111111111111111 IIII 111111111111 III 11111 IIII IIII 2006-2248 3419329 09/13/2006 12:28P Weld County, CO EG0054 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder (7 ' Ks FCC) P L o.-,2z-o(O 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 16th day of August, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: . J. Geile, Chair Weld County Clerk to the (4 16 y , EXCUSED ' ^ t,� i'C David E. Long, Pro-Tern BY: �1 i� � t� 1 1 De ty Clerk o the Board WiI H `I AP ED AS TO F k D— ::rden Glenn Vaad Date of signature: q/(0 16149 I IIIIII II It IN Illicll ln111,111 2006 2248 3419329 09113/2006 12.28P Weld County, CD EG0054 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PLATTE SAND 8. CLLU/EL . L.L_C July 28, 2006 Public Works Department 1111H. Street, P.O. Box 758 Greeley, CO 80632 Attn: Mr. Perry Eisenach RE: Reduction of Irrevocable Letter of Credit. Dear Perry: As of today, I have received invoices for the paving of Weld County Road 38 totaling roughly$400,000.00. The majority of this total is covered by Hall-Irwin's invoice #12616-01 in the amount of$328,928.01. This covers approximately 65% of the estimated cost for the entire paving expense. In order to pay this invoice, Centennial Bank is awaiting The County's authorization to reduce the irrevocable letter of credit by this amount. This will leave a balance of $582,113.99 ($911,042.00 minus $328,928.01) remaining on the collateral held by the County. This remaining balance is more than adequate to cover all remaining improvements and repairs. When this letter is drafted, I would be happy to hand deliver it to the bank and return to you any documentation you may request. Also, I would like to discuss with you, or a County's representative, the cost sharing between Platte Sand and Gravel and the County. Please call with any questions or concerns. Sincerely, Tim Pike Platte Sand and Gravel (970) 737-1080—office (970) 737-1096—fax (303) 210-2399- mobile fivepikes@hotmail.com 2006-2248 Donna Bechler From: Bruce Barker Sent: Wednesday, August 16, 2006 8:41 AM To: Donna Bechler Subject: FW: Progress Payments Donna: Here is the e-mail from Tim Pike. Bruce. Original Message From: tim pike [mailto:fivepikes@hotmail.com] Sent: Monday, August 14, 2006 3:24 PM To: Perry Eisenach Cc: Bruce Barker Subject: RE: Progress Payments Perry, While I appreciate the relief of $200, 000.00 I have submitted an official request of $328, 928.01 to pay Hall-Irwin. In addition to that, I have also faxed you invoices from other entities that brings the total up to $350, 094 . 61. Is there a specific reason why the $200 K number has been approved? I have forwarded all test results to Tracy, and he has signed off on them. Also, all dry wells have been installed, all utilities have been relocated, and the ditches have been cut. Tracy inspected the ditches today (we received about an inch of rain last night) and is pleased with the progress. We have to expose some of the dry wells that have some of the ditch's spoils blocking the water from getting to them, but that should be completed by tomorrow. Also, although the plans do not call for culverts below the field access points, we will be installing 15" CMP in four or five different locations. I have a walk through with Tracy tomorrow at 11:00 to inspect the road, and to verify cross-slopes and any other issues. I ask that you reconsider the amount that the note can be reduced by so that I may pay our subcontractors what is due to them at this date. Sincerely, Tim Pike Platte Sand and Gravel >From: "Perry Eisenach" <peisenach@co.weld.co.us> >To: "tim pike" <fivepikes@hotmail.com> >CC: "Bruce Barker" <bbarker@co.weld.co.us> >Subject: RE: Progress Payments >Date: Mon, 14 Aug 2006 12:20:59 -0600 >Tim, >Public Works is willing to recommend a reduction of $200, 000 in the >letter of credit at this time. I will need a revised letter of credit >from the bank before I can schedule for approval with the BOCC. >Please let me know if you have any questions. >Thanks, >Perry > Original Message >From: tim pike [mailto: fivepikes@hotmail.com] 1 >Sent: Friday, July 28, 2006 12:12 PM >To: Perry Eisenach; Tracy Dyer >Cc: Alaycock@hall-irwin.com >Subject: Progress Payments >Perry, >Attached is a letter requesting a reduction of the collateral held by >the County. >Thanks, >Tim Pike >Platte Sand and Gravel >(303) 210-2399 - mobile 2 Clear Day Page 1 of 1 Donna Bechler From: Bruce Barker Sent: Tuesday, August 15, 2006 4:05 PM To: Donna Bechler; Perry Eisenach Subject: RE: Platte Sand and Gravel Donna: I want to add the request from Platte Sand & Gravel to the agenda for tomorrow. I think we are at an impasse regarding the amount for the new letter of credit. The Board needs to consider whether it will be less $200,000 or less $350,094. Either way, I want the Board to consider tomorrow. So, we need to add their letter and the e-mail I will forward to you that came from Platte Sand & Gravel. Bruce. From: Donna Bechler Sent: Monday, August 14, 2006 12:09 PM To: Perry Eisenach Cc: Bruce Barker Subject: Platte Sand and Gravel Hi Perry, Jenny just forwarded an e-mail to me between you and Bruce regarding releasing some of the collateral for Platte Sand and Gravel. I am the one who does collateral, so hope you don't mind my stepping in. We will also need a replacement letter of credit from the bank-listing the revised amount, as well as the letter from the applicant requesting the release, and the letter from your department accepting the partial release. Thanks, Donna 8/15/2006 WCR Construction Costs Paving (Hall-Irwin) $328,928.01 Dust Control (A&W) $6,415.02 Sweeping (American) $4,750.00 Hauling (Road Runner) $6,580.00 Testing (Terracon) $6,872.85 Qwest(Pedestals) $7,542.21 Engineering (Picket) $5,204.15 Traffic Controll (NCTC) $17,119.10 CMP& (Contech) RCP (Amcor) Surveying (Survey Systems) $4,047.50 $387,458.84 EXHIBIT AMERICAN P.O.Box 162 ^irestofle,CO 50520 DATE DEPARTMENT I CUSTOMER'S ORDER NO. r _ - NAME ADDRESS A CITY,STATE,ZIP ._� CASH. C.O.D. CHARGE ON ACCT. MISS-ETe Air •UT SOLD BY j I - PRICE - e UNT QUANTITY DESCRIPTION / 1 ab Z Le 4 se ! dr* av tlD 5-- M NCO 0+7 - . . r . or-i to array 13 ----- -- --14 RECEIVED BY ___ �- _ _..__�_ ___—KEEP TiiiS SUP R REFERENCE _ 5805 j lierracon INVOICE 301 North Howes Street Fort Collins,Colorado 80521 (970)484-0359 Project Manager: Walker, Michael L. PROJECT: Platte Sand and Gravel — Misc Lab Testing Invoice No: 20L4843 Platteville, CO Terracon Consultants, Inc. PO Box 931277 TO: Platte Sand and Gravel Kansas City, MO 64193-1277 Attn: Tim Pike Federal E.I.N. 42-1249917 18311 WCR 23 Platteville, CO 80651 Project No: 20066325 Invoice Date: 07/14/2006 For Services Through:07/01/2006 DATE I REPORT I DESCRIPTION OF SERVICES I QTY I RATE I TOTAL 06/30/2006 20066325.0046 Extraction Gradation (Already Mixed), each 1.00 175.00 175.00 (Report#10) 06/30/2006 20066325.0047 Field Technician -Asphalt, per hour 325 48.00 156.00 06/30/2006 20066325.0047 Mileage 50.00 0.55 27.50 For questions regarding this invoke please call(970)484-0359 INVOICE TOTAL 6872.85 9 WELD COUNTY ROAD 38 r / J [ We accept MasterCard,VISA,and Discover. Please call(913)599-6886 Ext.340 with your credit card information. Terms: Total invoice amount due upon receipt of invoice. Accounts not paid within 30 days after invoice date are subject to 1.5%per month late charge. Page 4 . �, ® 0000a o0 8 V, In K (WA 69 0 WWi 6W9 K y j N en r N a r''.. m on n N ..p rt.- 0 o G �� Ml '` y m es j , 3 L, Q O " .�. ,. On OW. : WWII O M a ^ , 0o a � : ^'y Q Tc 0 a a .0 a - N CA r h H S F [rl Li G C .E r U ¢ O A. 44 b a en m icen ^ or; Ca d Z ai 1/40 Ux „ VD a s9 d, at v, a ell 0 4 ,. a el z � 3 N H 0 w m f.:, gg, e e o gs 't V V\ p 0 3.: Soo .o $ oo E, kt,.._ J m ea I 4 \pa. a Z z z .. o C 1� m �" V U p:U. U ` W O u o O 0 � U O u`. a & F W p p Q a C. O O an co a b a ,.� _ 10.9 aa n h Os t-- h O el O :p is Qo . 499 06 69 a N 4 - nO ¢ 69 N .7 a a Q 0:1 F a F 0 En 0 E• 0 re R. Os a `Vu C ," '� \ i 0 00 vWi OWE, • "- O M o O~ is � �o �o 0 of oX V O ,qJ.. <WC N M CV N At 7 R U O. oo VD Wi o0 CO m -= N M1 l's p': 69 fA fA FA ^a h I. U a o c t) x d as Z� a F� � g '^ o IC « m f° 0 cn ite ��c77CI ai d M o i G X O�v. = W .��.,raa= C7 `11 Q o 7:i U g it z f7 0 lie i H g " O „ ^ E. U `" m U d O oo aU _ as E _ � 43 v z 0 F it .5 Er Jr Z Y C a o g N C N N U Q= u u Q.2 4=0 U m m a a G a°�i a > ≥ ..= ..c z IV E^ ¢ ¢ , 4 V} ¢ U ¢ ¢ SURVEYSYSTEMS, INC. Invoice Serving the Development Community for over 15 years. Date Invoice# 6/20/2006 3259 Bill To Concrete Management Corp . Attn.Rocky 5490 West 13th Avenue Lakewood,CO 80214 P.O.No. Due Date 7/20/2006 Description Qty Amount PROJECT:PLATTEVILLE GRAVEL PIT SSI Survey Party(GPS)to Stake Leveling Area Offsets According to New Engineer 43 675.00 Information. Date Completed 6/16/06 SSI Survey Party(GPS) to Stake Weld County Road 38.3'Offsets with Calls to 8.5 1,275.00 Center Line. (2 Miles of Road Were Staked between 6/12/06-6/13/06) Date Completed 6/13/06 551 Survey Party(GPS) to Stake Weld County Road 38.3'Offsets with Calls to 8.5 1,275.00 Center Line. (2 Miles of Road Were Staked between 6/12/06-6/13/06) Date Completed:6/12/06 ‘411 Please pay from this invoice, net 30 days. Remit payment to Survey Systems,Inc., Total 27204 Armadillo Way,Evergreen,CO 80439.In the event payment is not made and the $3.225.00 account is idol,ed to collection agency or attorney,client will pay the cost of collections including attorney's fees and cost incurred. 303.679.8122 I Fax:303.679.8123 127204 Armadillo Way I Evergreen,Colorado 80439 Jul 25 06 02:45p 1 970"73/1096 p.3 07/17/2006 16:15 3036798123 SURVEY SYSTEMS PAGE 03 SURVEY rSYSTEMS, INC. Invoice smite As Oanranaent Comm*4ewr ffi pa Ogee Invoice S/I8/20e6 3221 Yin To Concrete Management Corp n Attn.Rooky 5490 West 13th Avenue Lakewood CO 50211 r Q~ P.O.Me. Due Date l.� J VIBII006 Oesnipefnrs Qty Amount PROJECT:RATTEVILLE GMYEL PIT .J 9 1.350.00^ 551 Survey Party(GPS) to Convict County Road 311 SI for AsacR Information.2 news of Collection. Date Completed 5I13%oe '— - �'S �'° Reduce Ashok kAamat�.Genera Drawings. 3 -/ Cad Technician -�5 � 229.00 Oaea Completed:505106 J Calculate Cued.Ail Information from Askuik to Produce S.v Sheet 3S c";'!y 297.W Principal Surveyor Date Completed:5/I 7RM Please pay from this Maim.net 30 days.Ranh P4mML to Svvcy Systems.Inc, 27201 Anna a Way .y.Ewrgeen,CO 10439.In die went payment is not made and the I Total 61.1117150 account is referred to collection agency Or attorney.atom win pay che oast of tolections Including attorney',fen and cost incurred. - 300.679.0122 I Fax 381879.6123 ( 27204 Armadillo Way 1 Evergreen,Colorado 8043D C ✓ 1 Jul 2b 06 02:46p 1 9707371096 p.4 07/17/2006 16:15 3036748123 SURVEY SYSTEMS PAGE 04 SURVEY 'SYSTEMS, INC. Invoice Seelig the 0welepm.m CenseMy for over Spews. Date Snake Si 6/3O006 3242 r Mal To Concrete Management Corp Attu.Rocky 5490 Wag 1 3t Avenue ,{`) Lakewood CO 60214 P.O.No. Due Date 7161006 Description Q4 Amount PROJECT:PLATTEYILLE GRAVEL PIT 8.5 1 1.275.00 • { 55f Survey Party Staked R%ttd Wq Stalks and Marked Center Line Statue. 1" , bate Completer 524( 6 ()Ls Please pay from ohs innate.re 30 days Remit perrer m Survey syrtvnc Inu:_ Total 27204 Armadillo Way,Evergreen,CO 80439_le the evert payment is a not wade d the $1.273.00 accounts referred to collection agency or attornq;dent teal pry the ban of co8ecsons including attorneys fees and cost moored. 303.679.8122 Fax 303.679.8129 127204 Armadillo Way f Evergreen.Cobado 80499 I J Jul 25 06 02:47p 1 9707371096 p.5 07/17/2886 16:15 3836798123 SURVEY SYSTEMS PAGE 65 SURVEY SYSTEMS, INC. Invoice Serving meDevelepanrd Commuoire forum IS yeas Date InvoiceM 7713/2006 3273 BIN To Concrete Management Corp Lake.Rocky EkN�rT_ 5490 West 13th Avenue Lakewood,od CO 80214 F P.O.P10. Due Date 8/I3/2006 Description Qty, Amount PROJECT:PLATTEVILLE GRAVEL PIT SD Survey Party!GP* to Stain 1000*of Well Cooney Road 38. 4 7 . / 90000 Once Completed:6/2L06 /x;k,% (1..„,Op Please pay Item this Invoice,net 30 days.Remit payment to Swop,Sirear Inc., 'Total 27204 Arnaldo G Way, awent e,ten.CO 8043t lo the payment is not made and Me 11 $ 0G account is refined co collection agency or attorney.client will pay the cost of collections includingaearnefs feet and eta Incurred. ._. / `` ( vJ 303.679.8122 I Fze 303.6791123 127204 AReadilo Way I Siergreen,Colorado 80439 9 �J� JUN 13 2006 133: 16 ':FR QUEST 3037079818 TO 919707371096 P. OE QweSt r0e. Proposal Contract No No saint EritreaJob Authorization No: C62A309 Date: 6113/2($16,1_ Billing Address: Work Location: Customer: Platte axlt t'nd Gravel ,18Ajj Weld CR 23 Attention: Tmp� _._.. County Weld 18311 Weld CR 2, —_ Platteville. Colorado Platteville. Coior> t)651 Description and der set dilations of work to be performed by Qwest wader this Proposal("Wort"): i SPECIAL CONSTRUCT"Tl)N• O RELOCATE PEDESTALS PER CUSTOMER REQUEST. • Advance Ptlyn er -(required before work begins): $7,642.21 Total Charges Seven Thousand Five Hundred Forty Two Dollars and 21/100 *For the Work pr ams hereunder by Qwest, Customer will be responsible for these Charges only,unless a change order O s gnr:d by both parties in accordance with Section 8 below. For outstanding balances,' Qwest will submit an le mice of Charges to Customer within forty five (45) days of completion of the work under this Proposal. C*istorner will pay the invoice within thirty(30)days of receipt. AM past due accounts will be assessed a tete t:)e at 14%APR. Qwest shall perform tin:: Work in a professional manner, consistent with industry standards, shall be fit and sufficient for the*led;,iurpose and shall conform to the Speai<ications. The Work to be performed under this Proposal shat be :eased to Construction for Proposal and receipt c the Advance Payment. This Proposal may pending the r return nby of the fully accepted by posai be wnhdrdwn by Qwest if not accepted y the Cuatan7ernwitNin; days. Qwest Corporals n Authorized Sigraturg, Name Printed/Typed,:: Ron Stevens Title: Manager General Accounting Date: Acceptance of the Frail and all of its terms and conditions constitute a binding contract. The charges and specification aro a=tisfactory and are hereby accepted. Customer Authorized Signature_. `— 7 Name Printed/Typed__ ,n ?Pr Title: Date: PrOpQW 0200;Qt"est ;dporsppn Page l Wr6ion:a9.0p.p3 . IVVRI f7CRIN <,VL.vprwv - TRAFFIC CONTROL, INC. 7/14/06 '� 970-356-6881 • P.O. BOX 1826 Invoice#: 10501 GREELEY, CO 80632 Job S3593: WCR 38&HWY 60/WELD CC Platte Sand &Gravel Co. 10831 WCR 23 Milliken, CO 80543 662 Net 30 I of 1 2.00 10000001 MHT 35.0000 Th 00 10.00 10000007 Setup/Teardown/Hours 35.0000 35C100 13.00 40251302 TCS/Days 360.0000 4,680,60 447.50 40251300 Flagging/Hours 22.0000 9)34540 56.00 40251334 Type II Barricade 1.1000 61.60 104.00 40251336 3M-A Barricade 5.0000 520.00 354.00 40251380 Cones 0.5000 177.00 72.00 40251341 Sign A 2.5000 180.00 353.00 40251342 Sign B 3.5000 1,235.50 June Billing Ordered by Tim Pike 5/31/06 through 6/30/06 Project Still in Progress 'II 37 i , L , tvi-A---1 is 'II u\,./ con, ,,,r1 ,...kif1i Subtotal: 17,119.10 Shipping: 0.00 Tax: 0.00 Other: 0.00 0.00 --•-, $17119.10,E J /a ` I Roadrunner Construction LLC Invoke 68-0547852 12854 CR 30 Platteville,CO 80651-8025 Date Invoice# Phone #: 970-539-0158 Fax#: 970-785-2544 E-mail: roadrunnerconstll@aol.corn 6/30/2006 4874 Bill To 1474E'ME D Platte Sand and Gravel `k f 18311 WCR 23 Milliken, CO 80543 Terms Item Quantity Well Name/Description Date Rate Amount Belly Dump 12 Hauled road base for shoulder 6 Belly Dump 12 Build road(CR 38) 6/15/2006 70 41(00 .900:00-6/15/2006 ?v 25:00 9:00:009:00:00Wg0 gyn. Belly Dump 12 Hauled road base for shoulder 6/16/2006 70 2&00 4OB:00• c`'e Belly Dump 12 Build road(CR 38) 6/16/2006 7O 75:00 900:00 V 0° Belly Dump 10 Hauled road base for shoulder 6/17/2006 7,9 75:00 350.00 Toe' Belly Dump 12 Build road(CR 38) 6/17/2006 in 75:00 900:00 c4t2 Belly Dump 10 Hauled road base for shoulder 6/19/2006 iv 7-5:00 a50:1T0 a°o Belly Dump 4 Hauled road base for shoulder 6/21/2006 fe 45.00 300.00 72C Belly Dump 10 Hauled road base for shoulder 6/22/2006 7073:00 730.00 7co Thank you for your business. Total 12,050:00- Balance Due $7,050:0C Hello