HomeMy WebLinkAboutC03-303 Arrowhead Valley Developers, LLC • • AGREEMENT CONCERNING IMPROVEMENTS TO HIGHWAY 6 ASSOCIATED WITH MILLER RANCH ROAD AND ARROWHEAD RNER RANCH THIS AGREEMENT is made this ~ day of Q~P~J , 2003, by and between, Eagle County, Colorado, a body corporate and politic (hereinafter "Count}') and Arrowhead Valley Developers, LLC, a Colorado Limited Liability Company (hereinafter "Arrowhead Valley Developers"). The aforesaid parties to this Agreement are collectively referred to herein from time to time as the "Parties." RECITALS WHEREAS, the County has entered into an Agreement with Oldcastle SW Group, Inc. d.b.a. B&B Excavating (hereinafter "B&B'~, dated August 5, 2003, pursuant to which B&B is to complete certain Improvements on State Highway 6 at the intersection with Miller Ranch Road, such improvements more specifically described in Article 4 of the Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the County has agreed to construct the Highway 6 improvements associated with Arrowhead River Ranch because they overlap the improvements required for the Miller Ranch Road and the Miller Ranch Road Bridge construction; and WHEREAS, Arrowhead Valley Developers has agreed to reimburse the County for its proportionate share of the construction costs, as set forth more specifically in the Estimation of Costs to Arrowhead River Ranch, attached hereto as Ezhibit "B" and incorporated herein by this reference; and WHEREAS, Arrowhead Valley Developers' share of the construction costs is estimated as One Hundred Thousand Five Hundred Sixty Eight Dollars and Sixteen Cents ($100,568.16) to be paid to the County as set forth in the terms of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals and mutual promises and covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Eagle County agrees to construct the Highway 6 improvements associated with Arrowhead River Ranch because they overlap the improvements required by the Colorado State Highway Access Code for Miller Ranch Road. The County has entered into an Agreement with Oldcastle SW Group, Inc. d.b.a. B& B Excavating, dated August 5, 2003, pursuant to which B&B is to complete certain Improvements on State Highway 6 at the intersection with Miller Ranch Road, such improvements more specifically described in Article 4 of the Agreement, • attached hereto as Exhibit "A" and incorporated herein by this reference. This agreement shall hereinafter be referred to as the "Oldcastle Agreement." 2. Arrowhead Valley Developers agrees to reimburse the County for its proportionate share of the construction costs, as set forth more specifically in the Estimation of Costs to Arrowhead River Ranch, attached hereto as Exhibit "B" and incorporated herein by this reference. Arrowhead Valley Developers' share of the construction costs is estimated to be One Hundred Thousand Five Hundred Sixty Eight Dollars and Sixteen Cents ($100,568.16) to be paid to the County as set forth below in the terms of this Agreement. 3. In calculating Arrowhead Valley Developers' share of the costs the following assumptions were made: a. The Arrowhead River Ranch portion of the project is approximately 25% of the size of the entire project, therefore, 25% is charged for overhead related costs, including but not limited to mobilization and traffic control. b. The costs are equally shared (50-50 split) for the improvements that both Eagle County and Arrowhead River Ranch have to construct. c. 100% of the construction costs are assessed to Arrowhead Valley Developers for the improvements that only Arrowhead River Ranch has to construct. d. Approximately 2129 SY of asphalt are required for the Arrowhead River Ranch improvements. Of that 2129 SY of asphalt, 1424 SY has to be constructed by both Eagle County and Arrowhead River Ranch, while 705 SY of asphalt is only required for Arrowhead River Ranch. To account for this duplication, 62% of the costs to build the 2129 SY of asphalt and base course are included in the Arrowhead River Ranch portion of the costs. 4. The estimated cost to Arrowhead River Ranch that Arrowhead Valley Developers shall be obligated to pay to the County is One Hundred Thousand Five Hundred Sixty Eight Dollars and Sixteen Cents ($100,568.16). Eagle County shall invoice Arrowhead Valley Developers for the work as it is completed and invoiced to the County by B&B Excavating, and Arrowhead Valley Developers shall in turn remit full payment to the County within twenty (20) days of receipt of invoice. 5. In the event that there are any change orders to the Oldcastle Agreement which increase the contract price, Arrowhead Valley Developers shall be obligated to pay to the County its proportionate share of these additional costs. Arrowhead Valley Developers' proportionate share shall be based upon the calculations and assumptions set forth in Paragraph 3 of this Agreement. 6. All notices, demands and requests shall be in writing, and shall be effectively made if sent by United States Certified Mail, return receipt requested, postage prepaid, by nationally recognized overnight courier guarantee next day delivery, by telecopy or by personal delivery, properly addressed as follows: 2 • . COUNTY Board of County Commissioners P.O. Box 850 Eagle, CO 81631 and Eagle County Attorney P.O. Box 850 Eagle, CO 81631 ARROWHEAD VALLEY DEVELOPERS. LLC Arrowhead Valley Developers, LLC c/o Rick Hermes P.O. Box 1350 34253 HWY. 6 Edwards, CO 81632 Unless this Agreement specifically provides otherwise, all notices shall be deemed received: three (3) business days following deposit in the United States Mail with respect to certified letters, one (1) business day following deposit if delivered by an overnight courier guaranteeing next day delivery and on the same day if sent by personal delivery or telecopy (with proof of transmission). Any party may change its address for the service of notice by giving written notice of such change to the other party, in any matter specified above. 7. This Agreement and all matters relating hereto shall be construed in accordance with the laws of the State of Colorado. The Parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5~' Judicial District for the State of Colorado. 8. The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This agreement embodies the entire understanding and agreement of the parties, and there are no fiu ther or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. Parties. 9. This Agreement is not assignable without the prior written consent of both 10. The terms and conditions of this Agreement shall be binding and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. 11. No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept and observed by the other party shall be construed, or shall operate as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be performed, kept and observed by the other party. 12. It is understood and agreed by and between the Parties that if any covenant, condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, or otherwise appears to be invalid, such invalidity shall not affect the validity of any other covenant, condition or provision herein contained; provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations contained in the remaining valid covenants, conditions and provisions of this Agreement. 13. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach there 14. In the event of any legal action concerning the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to recover all of its costs and expenses, including but not limited to, attorney fees and costs. 15. Each Party hereby represents, warrants and covenants to the other that it has the full right, power and authority to enter into this Agreement and make the agreements contained herein on its part to be performed; that the execution, delivery and performance of this Agreement has been duly authorized by such Party; that this Agreement constitutes the valid and binding obligation of such Party, enforceable in accordance with its terms; and, that the making of this Agreement and the performance thereof will not violate any present laws or ordinances or the terms or provisions of any agreement to which such Party is a party or under which such Party is otherwise bound. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the day and year first written above. ATTEST: ~~'r COUNTY OF EAGLE, STATE OF COLORADO ~`° 5 ~ ~°%- and Throu rts ~~Y 1~~ ~= `~~ - :~;l~oard of Co Commissioners ~' .,~,~< By: ~ <~~~~.~;~ By: Teak J. Simont n, ~` Michael L. Gallagher, hu Clerk to the Board ATTEST: ARRO AD VALLEY DEVELOPERS, LLC BY~ -~.~~~'~1~. '~l~~StJ~ By: Ri H rm s, Manager • AGREEMENT THIS AGREEMENT is dated as of the ~~ lday of in the year 2003 by and between Board of County Commissioners ~`:..gle County, Colorado (hereinafter called OWNER) and Oldcastle SW Group, Inc. d.b.a. B&B Excavating (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Improvements on State Highway 6 at the intersection with Miller Ranch Road ARTICLE 2 -ENGINEER The Eagle County Engineer (an employee of Eagle County), who is hereinafter called ENGINEER, will assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 -CONTRACT TIlVIE 3.1 The work will be substantially completed on or before November 21, 2003, and complc'.ed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before December 26, 2003. 3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Agreement • They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty} CONTRACTOR shall pay OWNER Six hundred forty dollars ($640.00) for each day that expires after the time specified in paragraph 3:1 for substantial completion until the work is substantially complete. ARTICLE 4 -CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: Index Bid Item Item No. No. Descri tion Q Unit Unit Price Amount 1 201 Clearing and Grubbing 1 LS $4,761.60 $4 761 60 2 202 Removal of Pipe 1 EA $6,266.49 , . $6 266 49 3 202 Removal of Asphalt Mat 610 SY $5.21 , . $3 178 10 4 202 Removal of Pavement Marking 2530 SF $2.10 , . $5 313 00 5 202 Removal of Ground Sign 8 EA , . 6 202 Removal of Fence 190 LF $56.32 $450.56 7 202 Removal of Delineator 4 EA $3.60 $684.00 8 202 Sawing Asphalt Mat 4210 LF $29.92 $119.68. 9 203 Embankment Material (Complete in $1.58 $6,651.80 10 207 Place Topsoil (Complete in Place) 1604 CY $48.57 $77,906.28 11 208 Erosion Log (Special) 857 CY $25.38 $21,750.66 12 208 Erosion Control Supervisor 1417 LF $7.82 $11,080.94 13 210 Reset Structure 1 LS $1,248.00 $1,248.00 14 210 Reset Fence 2 EA $4,572.33 $9,144.66 15 212 Seeding~(Native) 0 LF $0.00 $0.00 16 213 Mulching 1.54 AC $2,047.50 $3,153.15 17 304 Aggregate Base Course (Class 6) 1.54 AC $695.10 $1,070.45 18 403 Hot Bituminous Pavement (Grading S~ 3140 CY $32.12 $100,856.80 (Asphalt)(75)(PG 58-28) 19 403 Hot Bituminous Pavement (Grading S~ 950 Ton $40.93 $38,883.50 (Asphalt)(75)(PG58-34) 20 603 18" Corrugated Steel Pipe (Complete in 490 Ton $48.58 $23,804.20 Place) 8 T .F x~~ ~, ~.,.. ~ ,... rr.ci y -pl/.Ot3 i Agreement Page 2 .. • • Bid Item Index Item Q Unit Unit Price Amount No. 21 No. 603 Descri tion 18" Corrugated Steel Pipe, Flared End Section (Complete in Place) 1 EA $273.75 $273.75 22 603 18" Reinforced Concrete Pipe (Complete in Place) 215 LF $48.30 $10,384.50 23 603 18" Reinforced Concrete End Section (Complete in Place) 2~ EA $734.26 $1,468.52 24 603 24" Reinforced Concrete End Section (Complete in Place) 1 EA $719:43 $719.43 25 603 24" Reinforced Concrete Pipe (Complete in Place) 83 LF $125.30 $10,399.90 26 604 Manhole (Slab Base) (15 Foot) 0 EA $0.00 $0.00 27 6(?4 Inlet Type R L 5 (5 Foot) 2 EA $4,572.44 $9,144.88 28 609 Curb and Gutter Type 2 (Section II-B) 814 LF $14.70 $11,965.80 29 612 Delineator (Type n 10 EA $15.75 $157.50 30 612 Delineator (Type II) 20 EA $17.85 $357.00 31 612 Delineator (Type II1) 4 EA $21.00 $84.00 32 614 Sign Panel (Class n 63 SF $15.75 $992.25 33 614 Steel Sign Post (P1) 59 LF $31.50 $1,858.50 34 620- Sanitary Facility 1 EA $183.75 $183.75 35 625 Construction Surveying 1 LS $3,045.00 $3,045.00 36 626 Mobilization 1 LS $23,001.40 $23,001.40 37 627 Epoxy Pavement Marking 53 Gal $78.75 $4,173.75 38 627 Preformed Plastic Pavement Marking (X-Walk)(60 Mil) 24 SF $12.60 $302.40 39 627 Preformed Plastic Pavement Marking (Word-Symbol)(60 Mil) 214 SF $15.75 $3,370.50 40 629 Survey Monument (Temporary) 23 EA $16.21 $372.83 41 630 ~ Traffic Control Management 1 LS $2,520.00 $2,520.00 42 630 Construction Traffic Sign (Panel Size A) ~ 2 EA $42.00 $84.00 43 630 Construction Traffic Sign (Panel Size B) 2 EA $42.00 $84.00 44 630 Construction Traffic Sign (Panel Size C) 8 EA $42.00 - $336.00 45 630 Flagging ~ 1 L5 $1,932.00 $1,932.00 46 630 Traffic Cone 100 EA $5.25 $525.00 47 630 Mobile Pavement Marking Zone 1 L5 $525.00 $525.00 48 614 Alternate Traffic Signal 1 LS $141,750.00 $141,750.00 21 953 $546 TOTAL . , Agreement Page 3 3 m !C s C~ • •N~ O r~ ~O V 0o ~~ V }-~ G1 ~r ~+ ~~ A V W Vr N 4J --~ I..d O ~ ~ V ~ V' ~- w N •~ O~ O C~ O ~a O ,.pp O W g N ~. w N .r N .-. 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