HomeMy WebLinkAboutC11-262 Crawfords Properties Capital Improvements Project TEAKEJCSIMONTON 2011 S 5759
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EAGLE COUNTY
CAPITAL IMPROVEMENTS PROJECT FUNDING AGREEMENT
FOR I i'<.-
EL JEBEL ROAD SIDEWALKS
THIS CAPITAL IMPROVEMENTS PROJECT FUNDING AGREEMENT
( "Agreement ") made and entered into this ,5 day of vST , 2011, by and
between the County of Eagle, State of Colorado, by and through itoard of County
Commissioners (hereinafter "County ") and Crawford: Properties, LLC (hereinafter
"Crawfords ").
WITNESSETH
WHEREAS, the Crawfords were awarded a Capital Improvements Projects Fund from
Eagle County for the construction of the El Jebel Road Sidewalks, located adjacent to El Jebel
Road in the amount up to $113,000, with an in -kind match from the Crawfords ; and
WHEREAS, the County, as a condition of approval of the sidewalks, desires an
Agreement as provided for by the Land Use Regulations of Eagle County, Colorado, as amended
(hereinafter referred to as "Land Use Regulations ") Chapter II, Section 4 -600; and
WHEREAS, pursuant to the same authority, the Crawfords are obligated to provide
security sufficient in the judgment of the County to make reasonable provisions for completion
of certain public improvements (hereinafter described as "Public Improvements "); and
WHEREAS, pursuant to Article IV, Section 4 -610 of the Land Use Regulations,
development in the unincorporated areas of Eagle County shall be planned and designed under
the direct supervision of a Professional Engineer; and
NOW, THEREFORE, in consideration of the premises and the covenants and agreements
herein contained to be kept and performed by the parties hereto, it is hereby understood and
agreed as follows:
1. PUBLIC IMPROVEMENTS
1.1 Public Improvements. Public Improvements are deemed to include all public
improvements related to this development on and off-site.
1.2 Scope of Work. Crawford Properties hereby agree, at their sole cost and expense, to
furnish all necessary equipment and material, and to complete all Public Improvements as
referenced in the attached Exhibit "A ", and as set forth in all documents, construction drawings,
designs, maps, specifications, sketches, and other materials submitted by the Crawfords as
accepted by the County, and in accordance with all laws of the United States of America, State
of Colorado, County of Eagle, and their respective agencies and affected governmental entities.
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Such performance shall include acquisition of all necessary rights -of -way. The Crawfords agree
that it shall be responsible for all future upkeep, snow removal, repair, and other related
maintenance of the public improvements.
1.2.1 Capital Improvements Projects Fund Reimbursement Procedures. The
Crawfords shall provide the County with an invoice(s) with all appropriate
backup information detailing the share paid from the Crawfords to its contractors,
suppliers, and other acceptable expenses, and shall detail the share requested from
the County, up to a maximum County contribution not to exceed $113,000 for the
life of the project. The County shall disperse funds from the designated Capital
Improvements Projects Fund directly to the Crawfords, less the 5% as held for
security as specified below in section 2.3. The Crawfords shall also provide lien
waivers for all contractors and sub - contractors. At the end of the project, prior to
the start of the warranty period, the Crawfords shall provide the County with a
complete accounting tally including account statements from all contractors and
suppliers showing that all financial commitments have been fulfilled.
1.3 Duties of Crawfords. For those Public Improvements required herein, including but not
limited to the reconstruction and physical improvements of that portion of any road subject to
this Agreement, the Crawfords shall retain an engineer whose duties shall include observation of
construction for conformance to the approved plans and specifications, and materials sampling,
testing and inspection using the Colorado Department of Transportation 2001 Field Materials
Manual as a guide for frequency of sampling and testing.
1.3.1 Testing. Where applicable and by way of example only, the following is a
highlighting of the acceptance testing that will be required of the
Crawfords:
a. Utility and drainage culvert trench backfill under roadway prisms — one
density test per 200 C.Y. of backfill or a minimum of one test per roadway
crossing. This will require daily visits to the site by a testing laboratory
when utilities or drainage culverts are being backfilled within the roadway
prism.
b. Embankments for roadways — one density test per 2,000 C.Y. of any
additional embankment(s); and one density test per 500 C.Y. when within
100 feet of bridge approaches.
c. Finished Sub -grade — one density test per 250 lineal feet of roadway.
d. Aggregate base course — one in -place density per 250 lineal feet of
roadway, and gradation and Atterberg Limits test per 2,000 tons of
aggregate base course.
e. Hot Bituminous Pavement — two asphalt content, gradation and in-
place density tests per day's production.
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f. Concrete — Curb and Gutter, Sidewalks and Bike Paths — tests for air
content, slump and compressive strength per 50 C.Y. of concrete placed or
minimum of one set of tests per day.
1.3.2 Notification /Road Construction. Crawfords or its Engineer shall notify the
Eagle County Engineer for the purpose of arranging an on -site inspection
no less than twenty -four (24) hours in advance of the following stages of
road construction:
1) Finished Aggregate Base Course
2) Asphalt Placement
3) Concrete — curb and gutter, sidewalks and bike paths
The County Engineer shall make an on -site visit within twenty -four (24) hours
notification or as shortly thereafter as reasonably possible for the purpose of
observing proof rolls on item 1) above and for general observation of construction
methods being employed at these stages. Said on -site inspection by the Eagle
County Engineer shall in no way abrogate the duties of the Crawfords as outlined
elsewhere in this Agreement. The Crawfords shall provide the proof rolling by
arranging for a loaded single unit truck carrying 18,000 pounds per rear axle.
1.3.3 Test Reports. All test reports shall be consecutively numbered, with
copies furnished directly to the Eagle County Engineer from the laboratory as
they are reported to the Crawfords or its Engineer.
1.3.4 Record Drawings of Public Improvements. Surveyed record drawings,
sealed, signed and dated by a Registered Professional Engineer showing the as-
constructed horizontal and vertical locations of Public Improvements shall be
submitted to the Eagle County Engineer prior to commencement of the two year
warranty period and the final release of security by the County.
1.3.5 Public Use and Maintenance Easement. The Crawfords shall submit a
Public Use and Maintenance Easement for the perpetual continued use of the
sidewalks. The Crawfords shall also be responsible for all future maintenance,
including, but not limited to, snowplowing, sweeping, repairs such that the
facilities can be accessed by the public at all reasonable times. The Easement shall
be submitted to the Eagle County Engineer prior to commencement of the two
year warranty period and the final release of security by the County.
1.4 Compliance with Colorado Department of Transportation's State Highway Access Code.
Crawfords shall provide the County with designs in compliance with the Colorado Department
of Transportation's State Highway Access Code for all road improvements.
1.5 Date of Completion. All Public Improvements shall be completed prior to June 1, 2012.
1.6 Approval and Acceptance of Work.
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•
1.6.1 Copies of all test results corresponding to work which is being inspected
and any other information which may be necessary to establish the satisfactory
completion of the work for which inspection is requested must be submitted prior
to said inspection. All such information shall be accompanied by a letter from the
Crawfords's Engineer verifying the satisfactory completion of the work
performed to date.
1.6.2 Notwithstanding Section 1.3.3 above, promptly after receiving a request
for inspection and the required documentation, the County Engineer shall review
the information presented and, if necessary, make a public inspection of the work
completed.
1.6.3 All said work shall be done to the reasonable satisfaction of the County
Engineer and /or the County Department of Community Development, and shall
not be deemed complete until approved and accepted as complete by the County.
1.7 Estimated Costs of Public Improvements. The estimated cost of the Public
Improvements is the sum of $113,000, as summarized in Exhibit `B ". To secure and guarantee
performance of its obligations as set forth in this Section 1, including the completion of the
required Public Improvements, the Crawfords hereby agrees to provide security and security in
the form and as set forth in Section 2, below.
2. SECURITY
2.1 Form of Security. As security for the performance by Crawfords of its obligations under
this Agreement, Crawfords shall provide security in form satisfactory to the County Attorney.
2.2 Partial Release of Security. Crawfords may apply to the County for the release of
portions of the Security based upon the work completed in accordance with this Agreement. To
make such releases, Crawfords shall request the County Engineer to inspect the work in order to
verify satisfactory completion in accordance with plans and specifications in accordance with
Section 1.6.
2.3 Final Release of Security /Warranty. Within thirty (30) days after Crawfords has
completed all of the work required by this Agreement and the work has been approved and
accepted by the County, the entire remaining amount of the Security, less an amount equal to
five percent (5 %) of the original Security, based upon 5% of the overall Cost from section 1.7
above, shall be released. Crawfords shall be responsible for the condition of the Public
Improvements for a period of two (2) years after completion; this shall be guaranteed either
through the retention of Security, as set forth above, or Crawfords may provide a guarantee bond
in an amount and in a form acceptable to the County — which would be substituted for the release
of the entire amount of the Security.
2.4 Substitution of Security. The Crawfords may at any time substitute the Security
originally deposited with the County herein, for another form of security acceptable to the
County, to guarantee the faithful completion of the Public Improvements referred to herein and
the performance of the terms of this Agreement. At the time of substitution of security, an
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inflationary and /or deflationary factor based upon the Denver - Boulder, Colorado Consumer
Price Index for All Urban Consumers, All Items (1967 =100) published by the U.S. Bureau of
Labor Statistics, 303 - 837 -2467, or, alternatively, an approved construction cost index, shall be
used to determine an adjusted estimated cost for all Public Improvements as described herein,
and security shall be submitted by the Crawfords in accordance therewith.
2.5 Draws. Draws against the Security shall only be made as directed by written Resolution
of the County, stating that there has been an event of default under this Agreement and that a
sum certain is required to remedy the default. Any amount drawn on the Security must be
applied for the purpose of completing the work required by this Agreement and related expenses
and costs.
2.6 Events of Default. The following events shall be deemed "Events of Default," entitling
the County to draw on the Security:
2.6.1 If Crawfords has not completed the work required by this Agreement by
the Date of Completion set forth herein, the County may, after ten (10) working days
written Notice to Crawfords, draw upon the Security an amount sufficient to complete
said work and compensate the County for its reasonable costs and expenses related to
said draw.
2.6.2 If the original security presented to the County (or any extension thereof)
is due to expire and the work is not yet completed, and Crawfords has not provided
substitute security or the bank's written extension to the original security (as it may have
been previously extended), the County shall draw on the Security according to the
provisions set forth in this Section 2. It is Crawford's responsibility, with or without
notice, to ensure that the Security is extended, or that substitute security is provided
in a form acceptable to the County, at least ten days prior to its expiration. If
Security is neither extended nor substitute security provided, in a form acceptable
to the County, at least ten days prior to its expiration, the Crawfords shall pay the
County an additional $500 (Five hundred dollars) for the additional administrative
work required because of the failure to extend or substitute security in a timely
manner as required by this agreement.
2.6.3 If the Security is substituted, as otherwise provided herein, this Agreement
may be amended or modified in order to set forth specific Events of Default deemed
necessary, in the County's sole discretion, commensurate with the type of security
substituted.
2.7 Costs and Expenses. Crawfords agrees to pay any costs and expenses, including but not
limited to legal fees, which the County may incur in determining to accept security, in drawing
upon the security, or in accomplishing an extension of its expiration.
3. INSURANCE and INDEMNIFICATION
3.1 Certificates of Insurance. The Crawfords shall secure from any contractor or
subcontractor engaged in the work necessary to comply with this Agreement a Certificate of
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Insurance providing for liability protection in the minimum amount of $150,000 per individual
and $600,000 per occurrence, naming the county as an additionally named insured. The
Crawfords, if it serves as the contractor for the Public Improvements, shall provide insurance in
the same form and amounts as required of the general contractor. Said limits shall be adjusted to
comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article
10, Colorado Revised Statutes.
3.2 County Incurs No Liability. The County shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss or damage happening or occurring to the
Public Improvements specified in this Agreement prior to the completion and acceptance of the
same; nor shall the County, nor any officer or employee thereof, be liable for any persons or
property injured or damaged by reasons of the nature of said work on the Public Improvements,
but all of said liabilities shall be and are hereby assumed by the Crawfords. The Crawfords
hereby agrees to indemnify and hold harmless the County and any of its officers, agents and
employees against any losses, claims, damages or liabilities for which the County or any of its
officers, agents, or employees may become subject to, insofar as any such losses, claims,
damages or liabilities (or actions in respect thereof) arise out of or are based upon any
performance by the Crawfords hereunder; and the Crawfords shall reimburse the County for
any and all legal and other expenses incurred by the County in connection with investigating or
defending any such loss, claim, damage, liability or action. This indemnity provision shall be in
addition to any other liability which the Crawfords may have.
4. GENERAL PROVISIONS
The following shall apply to all Public Improvements, including off -site improvements, set forth
in this Agreement:
4.1 Compliance with Land Use Regulations. The Crawfords shall be required to obtain all
necessary permits and comply with the provisions of the Land Use Regulations, including but
not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter
V), as the same are in effect at the time of commencement of construction of the Public
Improvements referred to herein.
4.2 Public Improvement Agreement Controls. In the event of any inconsistency or
incongruity between the provisions of this Agreement and the Land Use Regulations, the
provisions of this Agreement shall in all respects govern and control.
4.3 Warranties and Guarantees. There shall be a two -year correction period, or such longer
period as may be prescribed by law, from the time of completion of the Public Improvements
during which time the Crawfords shall promptly correct or remove and replace, in accordance
with the County's written instructions, defective work or materials and consequences thereof.
Repair or replacement made under the two-year correction period shall bear an additional one -
P P Y p
year correction period from the acceptance of the repair or the replacement by the Eagle County
Engineer. The work shall be securitized during the correction period in an amount and type of
security as shall be reasonably determined by the County. The work shall be inspected, at the
request of the Crawfords no less than sixty (60) days prior to expiration of the one -year
additional correction period, and any deficiencies shall be noted to the Crawfords .
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4.4 Amendment and Modification. The parties hereto mutually agree that this agreement
may be amended or modified from time to time, provided that such amendment or modification
be in writing and signed by all parties hereto.
4.5 Assignability. This Agreement shall be enforceable against the Crawfords , provided,
however, that in the event the Crawfords sells, transfers or assigns all or part of the subject
property, the obligations of the Crawfords under this Agreement as to that portion of the subject
property may be assumed in writing by the purchaser of the parcel, and the Crawfords shall have
no further obligations hereunder. It is agreed, however, that no such assumption of these
obligations shall be effective unless the county gives its prior written approval to such
assumption following an investigation of the financial condition of the purchaser. The
Crawfords shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this
Agreement without prior written consent of the County, which consent shall not be unreasonably
withheld.
4.6 Binding upon Successors. This Agreement shall inure to the benefit of and be binding
upon the parties hereto, their respective successors, and assigns.
4.7 Sole Responsibility of Crawfords Prior to County Acceptance. It is further agreed and
understood that at all times prior to the completion and acceptance of the Public Improvements
set forth herein by the county, each of said improvements not accepted as complete shall be
under the sole responsibility and charge of the Crawfords. When it is necessary to allow the
general public to utilize the roadways under construction by the Crawfords, traffic control and
warning devices shall be placed upon such roadways by the Crawfords in accordance with the
Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S.
Department of Transportation, Federal Highway Administration.
4.8 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer
upon or grant to any third party any right to claim damages or to bring any lawsuit, action or
other proceedings against either the County or its officers, employees or agents because of any
breach hereof or because of any terms, covenants, agreements or conditions contained herein.
4.9 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given
on the day that t at the same is placed in the United States Mails, postage prepaid, certified or
registered mail, return receipt requested.
4.10 Enforcement and Attorney Fees. The County may enforce the provisions of this
Agreement in the same manner and with the same remedies applicable to the enforcement of
land use regulations pursuant to the Eagle County Land Use Regulations, as they may be
amended from time to time, or as otherwise provided by law. Alternatively, the terms of this
Agreement may be enforceable by the Board or its designee by any appropriate equitable or legal
action, including but not limited to specific performance, mandamus, abatement, or injunction.
The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies
provided by law. The prevailing party in any action brought pertaining to this Agreement shall
be entitled to an award of costs and reasonable attorney's fees.
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WITNESS WHEREOF, the parties hereto have executed this Agreement this /LP T ,
day of i[.a.. ,20I) .
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
oi V64
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tic '* • .e -,, * s t
Cler at e : oard �► " pgw• C_ airman
County Commissioners A." s for giving notice:
p,,.,t P.O. Box 850
Eagle, CO 81631
(970) 328 -8605
By: ,( ierT 6 44r)/
Printed Name
Address for giving notice:
Street Address 4v E a4)e/ ,' €, Lin, "T ie3,-
City, State Zip e i'bb c j e c 576 �3
Phone ( 769 „ 2 1
STATE OF COLORADO )
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County of Eagle )
The foregoin was cknowle ged before me this day of 1. _��� ,
20 f' , by Koh-J(4- bbci 1 as a 1anc7 of Mk _ . 0
F AIVIZZI.4 , . GC . , a
WITNESS my hand and official seal.
My commission expires 13
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Exhibit B
Eagle County Engineering Department ..
Crawford Sidewalk
Opinion of Cost -
10' Asphalt Trail & 8' Conc Trail EAGLE COUNTY
7/21/2011
# Iltem Description 'Unit 1 Unit Cost I Quantity I Total Cost
Quantity Items
Al Sawcut Asphalt LF $ 6.00
A2 Unclassified Excavation CY $ 40.00 440 $ 17,600 1
A3 Embankment Material CY $ 60.00 - $ -
A4 Class 6 ABC - 6" Ton $ 60.00 574 $ 34,440
A5 HBP - 3" Ton $ 140.00 287 $ 40,180
A6 Bridge EA $ 10,000.00 1 $ 10,000
A7 Extend Culvert EA $ 2,000.00 1 $ 2,000
A8 Conc Sidewalk SY $ 60.00 307 $ 18,420
A9 Conc. Handicap Ramps Ea $ 1,500.00 9 $ 13,500
A10_
Total Cost of Quantity Items (A) $ 136,140
Percentage Items
B1 Clearing and Grubbing 1.0% of (A) $ 1,361
B2 Signing and Striping 1.0% of (A) $ 1,361
B3 Drainage 5.0% of (A) $ 6,807
B4 Construction Signing and Traffic Control 3.0% of (A) $ 4,084
B5 Surveying 1.0% of (A) $ 1,361
B6 Mobilization 2.0% of (A) $ 2,723
B7 Environmental Mitigation 1.0% of (A) $ 1,361
Total Cost of Construction Bid Items (B) $ 155,200
Force Account Items
C1 Utility Relocations 5.0% of (B) $ 7,760
C2 Contingencies and Misc. Items 10.0% of (B) $ 15,520
Total Cost of Construction Items (C) $ 178,480
Engineering Items (D)
D1 Design Engineering 1.0% of (C) $ 1,785
D2 Construction Engineering 2.0% of (C) $ 3,570
ROW Acquisition (E)
El 'ROW Acquisition ISF 1 $ - 1 - $ -
Total Improvement Cost (F) $ 183,834
Notes /Assumptions:
1. Asphalt Thickness is 3 ", ABC is 6"
3. Asphalt Density is assumed at 145 lbs/CF
3. Class 6 ABC Density is assumed at 145 Ibs /CF
4. Unit costs are based upon unique adjustments and multiple sources and are the opinion of the engineer.
5. Estimated total cost of $184,000; costs to be split with Crawford Properties, LLC performing
excavation, embankment, sub -base costs, and Farve Lane Sidewalk costs. These costs are estimated
to be about 38% of the overall cost, therefore this request will be for $113,000 of CIP funding.
