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Home My WebLink About20043015.tiff RESOLUTION RE: APPROVE DISBURSEMENT CERTIFICATE FOR THE IMPROVEMENTS ESCROW AGREEMENT #13685400, AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN ENERGY CENTER, LLC, C/O CALPINE CORPORATION 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 August 21,2002,the Board approved the following Resolutions with terms and conditions being as stated in said agreements: 1) #2002-2288, Improvements Agreement (Public Road Improvements) 2) #2002-2285, Agreement Regarding Weld County Road 51/Burlington Northern and Santa Fe Railway Crossing 3) #2002-2287, Road Maintenance Agreement for Weld County Road 51 south of 1-76 Frontage Road and north of Highway 52, and WHEREAS, pursuant to said agreements, the Board approved three Escrow Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Rocky Mountain Energy Center, LLC,and Wells Fargo Bank West, National Association, for project fees, charges, and expenses, and WHEREAS, the Department of Public Works has presented the Board with invoices requiring a Disbursement Certificate, in the total amount of$713,655.54 from Escrow Agreement #13685400, and WHEREAS,the Board deems it advisable to authorize the Chair to sign said Disbursement Certificate, upon the recommendation of the Department of Public Works, related to said agreements with Rocky Mountain Energy Center, LLC, c/o Calpine Corporation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Chair be,and hereby is,authorized to sign said Disbursement Certificate, upon the recommendation of the Department of Public Works, related to said agreements with Rocky Mountain Energy Center, LLC, do Calpine Corporation. 2004-3015 PL1582 AUTHORIZE CHAIR TO SIGN DISBURSEMENT CERTIFICATE - ROCKY MOUNTAIN ENERGY CENTER, LLC, CIO CALPINE CORPORATION PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 11th day of October, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WIELD COUNTY, COLORADO MI44 \ - Robert D. Aden, Chair Tsai tee-ic�. aitt. lerk to the Board ti ;-.1j , , William H rke, Pro-Tem j�- qty Clerk to the Board M. J. ei e O D AS • EXCUSED David E. Long aunty Attorney EXCUSED Glenn Vaad Date of signature: //y1/4"i 2004-3015 PL1582 1,1\et(:#: MEMORANDUM CTO: Clerk to the Board DATE: October 5, 2004 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Item for Agenda Disbursement Certificate for the Improvements Escrow Agreement No. 13685400 on Calpine,Rocky Mountain Energy, in the amount of$713,655.54. The appropriate documentation is attached. Enclosures pc: Wayne Howard Mona Weidenkeller M:`.Franci e'Agend-l_doc 2004-3015 DEPOSIT MONIES INTO: 2000-90100-4410 - $713,655.54 EXHIBIT 1 DISBURSEMENT CERTIFICATE Wells Fargo Bank West,N.A. Escrow Agent Corporate Trust and Escrow Services MAC C7301-024 1740 Broadway Denver, Colorado 80247 RE: Escrow Agreement#,3685h00 dated August_, 2002 The Board of County Commissioners of Weld County, Colorado ("Board"), acting by and through their authorized representative as identified below, hereby certifies to Wells Fargo Bank West, N.A. ("Escrow Agent") and to Rocky Mountain Energy Center, LLC ("RMk C"), as follows: 1. Attached hereto are true and correct copies of invoices dated ov or prior to Oct 1 , 200 4("Invoices') evidencing costs and expenses incurred b! he Board in connection with the performance of its obligations with respect to th- grading and/or paving of a certain portion of Weld County Road 51 which is south of the Interstate 76. frontage road, as seeforthin that certain agreement entitled "Improvements Agreement (Public Road Improvements)" between the Board and RMEC dated t.0 lust 13, 2002 ("Agreement"). 2. The amount owed to the Board on account of such Invoices is $ 713,655.54 '("invoice Amount"), and the Board is entitled, puns a nt to the terms of the Agreement, to ?lave suts't amount disbursed to it by the Escrow Ag..nt from the Escrowed Property. 3. The Board requests the Escrow Agent to disburse to it fium the Escrowed Property an amount equal to the Invoice Amount in the form of a wire transfer payable to: Wells Fargo Bank West, National Association, Weld County Treasury Collections Clearing Account, Account# 4428004375, ABA # 102000076. Dated: oct. 11 2004 Board of County Commissioners Weld C.unty, Colorado �.1 c`..e%'obert D u- . • . 111/2004 „may i !�Lhair u-c5o>I S Weld County Public Works Reporting Dates 04/22/04 through 09/15/04 Project Road Design Rd 51 between I-76 and SH 5 Paying Department All Paying Departments Project Task Cost Summary Location Department All Location Departments Sorted by Project Number Location of Work All Locations Project Type All Project Types Priority All Priorities Fund All Funds Task All Tasks Project Number/Name Task Type All Task Types Completion Status All Projects bil-5 / Road Design Rd 51 between I-76 and STI 52 Calpine Activity Labor Task Code Task Name Count Hours Labor Cost Eqp Cost Mat Cost Con Cost Overhead Total Cost 21 Construction Inspection 1 4.00 $224.40 $8.08 $0.00 $0.00 $0.00 $232.48 77 Materials Testing 4 13.00 $442.91 $27.60 $0.00 $0.00 $0.00 $470.51 89 Permit Acquisition$ 1 0.00 $0.00 $0.00 $0.00 $131.00 $0.00 $131.00 94 Project Management 4 10.00 $591.60 $0.00 $0.00 $0.00 $0.00 $591.60 107 Row Purchase 2 0.00 $0.00 $0.00 $0.00 $2,468.00 $0.00 $2,468.00 143 Utility re-locate 25 34.50 $1,482.81 $93.21 $0.00 $0.00 $0.00 $1,576.02 bil-5 / Road Design Rd 51 between I-76 and SH 52 Calpine T 61.50 $2,741.72 $128.89 $0.00 $2,599.00 $0.00 $5,469.61 I 10/05/04 1 Weld County Public Works Reporting Dates 04/22/04 through 09/15/04 Project Calpine Road construction rd 51 between I- Pro Project Task Cost Summary Paying Department All Paying Departments Location Department All Location Departments Sorted by Project Number Location of Work All Locations Project Type All Project Types Priority All Priorities Fund All Funds Task All Tasks Project Number/Name Task Type All Task Types Completion Status All Projects bil-16 / Calpine Road construction rd 51 between I-76/SH 52 Activity Labor Task Code Task Name Count Hours Labor Cost Eqp Cost Mat Cost Con Cost Overhead Total Cost 02 Aggregate Basework 25 238.00 $10,355.79 $1,665.99 $0.00 $0.00 $0.00 $12,021.76 03 Aggregate sub base 4 27.00 $1,090.98 $200.62 $0.00 $0.00 $0.00 $1,291.60 178 Class A patching 6 39.00 $1,437.08 $45.43 $0.00 $0.00 $0.00 $1,482.51 163 Compaction 51 463.00 $14,224.26 $1,424.97 $0.00 $0.00 $0.00 $15,649.17 23 Construction Signing 90 156.00 $5,047.26 $350.91 $0.00 $0.00 $0.00 $5,398.27 24 Construction Survey 77 369.00 $16,942.92 $17.25 $0.00 $0.00 $0.00 $16,960.28 28 Culvert Install/Replace 198 1,325.00 $50,437.76 $3,921.63 $10,387.68 $29,713.79 $0.00 $94,460.87 164 Detour maintenance 6 30.00 $1,184.20 $194.26 $0.00 $0.00 $0.00 $1,378.46 35 Download survey data 4 10.00 $439.80 $0.00 $0.00 $0.00 $0.00 $439.81 36 Downtime 5 7.00 $215.95 $3.05 $0.00 $0.00 $0.00 $219.00 39 Earthwork 102 843.50 $33,120.12 $8,749.53 $0.00 $5,169.00 $0.00 $47,038.66 51 Haul Agg(crushed) 149 544.25 $17,143.45 $4,762.04 $57,289.78 $58,890.45 $0.00 $138,085.71 53 Haul Dirt 39 229.00 $7,064.65 $2,124.14 $787.00 $4,315.70 $0.00 $14,291.48 54 Haul Pitrun 10 39.00 $1,281.59 $391.66 $1,842.36 $5,907.90 $0.00 $9,423.50 55 Haul Riprap 6 inch minus 7 21.00 $661.11 $175.37 $2,553.82 $0.00 $0.00 $3,390.30 57 Haul water 95 748.50 $24,047.89 $9,153.08 $119.20 $4,402.00 $0.00 $37,722.09 59 Hauling Asphalt 3 0.00 $0.00 $0.00 $0.00 $18,121.75 $0.00 $18,121.75 60 Hauling Materials(mist) 117 375.00 $11,636.07 $3,238.25 $22.50 $36,720.48 $0.00 $51,617.31 159 Hauling rip rap 18 inch minus 1 2.00 $61.70 $18.46 $292.06 $0.00 $0.00 $372.22 66 Irrigation Structure 122 792.00 $26,486.52 $89.32 $0.00 $5,751.11 $0.00 $32,327.00 69 Loading Trucks 44 249.00 $9,892.84 $2,059.47 $0.00 $0.00 $0.00 $11,952.29 70 Lot Mowing 1 5.00 $185.95 $34.04 $0.00 $0.00 $0.00 $219.99 125 Mag Chloride Application 3 0.00 $0.00 $0.00 $0.00 $3,886.30 $0.00 $3,886.30 81 Miscellaneous Hauling 1 3.00 $92.55 $27.69 $0.00 $0.00 $0.00 $120.24 80 Mobilization(equipment Haulin€ 39 122.00 $4,279.36 $496.48 $0.00 $0.00 $0.00 $4,775.85 87 Paving 31 313.50 $11,313.97 $403.07 $73,984.95 $0.00 $0.00 $85,702.02 89 Permit Acquisition$ 1 0.00 $0.00 $0.00 $0.00 $449.00 $0.00 $449.00 10/05/04 1 Weld County Public Works Reporting Dates 04/22/04 through 09/15/04 Project Calpine Road construction rd 51 between I. Paying Department All Paying Departments Project Task Cost Summary Location Department All Location Departments Sorted by Project Number Location of Work All Locations Project Type All Project Types Priority All Priorities Fund All Funds Task All Tasks Project Number/Name Task Type All Task Types Completion Status All Projects 94 Project Management 66 278.00 $15,614.10 $222.73 $0.00 $0.00 $0.00 $15,836.84 105 Routine Scheduled Service 1 3.00 $121.95 $0.00 $0.00 $0.00 $0.00 $121.95 108 ROW survey 2 7.00 $314.79 $0.00 $0.00 $0.00 $0.00 $314.80 111 Scraper 24 180.50 $7,411.39 $18,206.16 $0.00 $0.00 $0.00 $25,617.55 116 Signing 2 4.00 $101.36 $0.00 $0.00 $0.00 $0.00 $101.36 117 Signing(vandalism) 2 6.50 $396.37 $8.04 $0.00 $0.00 $0.00 $404.41 118 Silt Fence 9 60.00 $2,058.20 $0.00 $0.00 $560.00 $0.00 $2,618.20 119 Site Work 32 161.50 $6,011.00 $721.67 $0.00 $150.00 $0.00 $6,882.68 128 Superstructure 1 6.00 $261.60 $6.10 $0.00 $0.00 $0.00 $267.70 129 Survey Monuments 7 37.50 $1,683.41 $0.00 $0.00 $0.00 $0.00 $1,683.41 132 Traffic Control 3 34.00 $861.90 $21.60 $0.00 $0.00 $0.00 $883.50 134 Training 4 34.00 $979.88 $9.23 $0.00 $0.00 $0.00 $989.11 136 Travel Time 597 999.00 $36,642.37 $2,456.45 $0.00 $0.00 $0.00 $39,098.88 140 Trees w/contractor 9 63.00 $2,079.93 $71.34 $0.00 $720.00 $0.00 $2,871.27 143 Utility re-locate 4 24.00 $977.64 $124.15 $0.00 $0.00 $0.00 $1,101.79 146 Welding/Bridge 2 16.00 $595.04 $0.00 $0.00 $0.00 $0.00 $595.04 bil-16 / Calpine Road construction rd 51 between I-76/SH 52' 8,864.75 $324,754.71 $61,394.18 $147,279.35 $174,757.48 $0.00 $708,185.93 i. 10/05/04 2 Le- CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 ip FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO November 8, 2004 Wells Fargo Bank West, N. A. Escrow Agent Corporate Trust and Escrow Services MAC C7301-024 1740 Broadway Denver, Colorado 80247 RE: Escrow Agreement#13685400 To Whom It May Concern: Attached hereto please find the original Disbursement Certificate and a copy of the Board of County Commissioner's Resolution requesting the release of said funds by wire transfer to Weld County, Colorado, in regards to the Rocky Mountain Energy Center, LLC, c/o Calpine Corporation. Copies of the invoices are attached. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: / Carol A. Harding, Deputy Clerk to the Board 400 '- 3oiS- Hello