06/19/2012 (2) - Laserfiche WebLink

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Discussion ensued among the Commissioners and County Attorney regarding Ranger having distributed 100 % of the fuel adjustment surcharge , the surcharge reaching all the subcontractors , and the ongoing dispute between Fischer and Ranch Road . Bob Schafer, Ranger Construction Industries , Inc . , explained the breakdown of how the surcharge was paid out . He said his agreement was with Steve Smith of Ranch Road , who had several people working under him , so he had no way of knowing how the money was broken down and disbursed after he paid Mr . Smith . Steve Smith , Ranch Road Lake , LLC , informed the Board that he was enrolled in an ongoing lawsuit and his attorney advised him not to extend specifics . He did, however, explain that before he started Phase II , fuel costs had already started to escalate and Ranch Road agreed 1 (on a handshake) to grant a 40 - cent per yard increase on the sand that left his pit . He said Fischer was paid more than the $ 50 , 000 , and now they want to double dip . He also pointed out ` that the fuel surcharge money that the County granted was a partial repayment to him for what l was extended in good faith . Chuck Kramer, Henry Fischer and Sons , Inc . , provided background, and described the ongoing dispute over the non-payment of the fuel adjustment surcharge . He felt there could have been other remedies taken when the dispute was realized, but now it will be hard to settle since the money has already been distributed . He said that no matter how he tries to get the money (through litigation with Ranch road or through the bond company) , it will cost him thousands of dollars , so he wanted the Board ' s help if possible . Discussion and debate ensued regarding the lack of a solution, contractual obligations , privity issues , why Ranger released the money to Ranch Road, and why Fischer did not produce a contract for the fuel adjustment surcharge or submit a Notice to Owner . June 19 , 2012 24 14 2 PG 6.0 6