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Home My WebLink AboutC19-184 Woody Ventures LLCDocuSignEnvelopeID:DBCF8BBC-DA7O-4F4D-8EDD-379C8DFDAC94SUBDIVISIONIMPROVEMENTSAGREEMENTTHETREEFARM-PHASE1FileNo.PDF-009007-2019THISSUBDIVISION IMPROVEMENTSAGREEMENT(“Agreement”)ismadeandenteredintothis5/29/2019,byandbetweenWoodyVentures,LLC,aColoradolimited liabilitycompany(hereinafter“Subdivider”)andtheCountyofEagle, StateofColorado(hereinafter“County”).WITNESSETHWHEREAS,theSubdivider,asaconditionofapprovalofthefinalPlatofTheTreeFarm—PhaseI(hereinafterreferredtoasthe“Subdivision”),desiresanAgreementasprovidedforbytheLandUseRegulationsofEagleCounty,Colorado,1999,asamended(“hereinafterreferredtoas“LandUseRegulations”)ChapterII,Section5-280.B.5.e.andC.R.S.§30-28-137;andWHEREAS,pursuanttothesameauthority,theSubdividerisobligatedtoprovidesecurityorcollateralsufficientinthejudgmentoftheCountytomakereasonableprovisionsforcompletionofcertainpublicimprovementsasreferencedintheattachedExhibitA(the“SubdivisionImprovements”)andcertainlandscapingimprovementsasreferencedintheattachedExhibitB(“Landscape Improvements”);andWHEREAS,asaconditionofapprovalofthefinalplatoftheSubdivision,theSubdividerisobligatedtoprovidesecurityandcollateralsufficientinthejudgmentoftheCountytomakereasonableprovisionforcompletionoftheSubdivision ImprovementsandtheLandscapeImprovements;andWHEREAS,pursuanttoChapterII,Section4-620.9oftheLandUseRegulationsandC.R.S.§43-2-147,theSubdividershallprovideaccessforaltlotsandparcelsitcreatestothestatehighwaysysteminconformancewiththeStateHighwayAccessCode.NOW, THEREFORE,inconsiderationofthepremisesandthecovenantsandagreementshereincontainedtobekeptandperformedbythepartieshereto,itisherebyunderstoodandagreedasfollows:1.SUBDIVISIONIMPROVEMENTS.1.1.SubdivisionImprovements.TheSubdivision Improvementsaredeemedtoincludeallpublicimprovements,assetforthinalldocuments,constructiondrawingsforTheTreeFarm-PhaseIdatedMay13,2019,designs,maps,specifications,sketches,costestimatesandothermaterials submittedbytheSubdividerpriortooratfinalptatapprovatandacceptedbytheCounty.SuchSubdivisionImprovementsshaltincluderoads,utilitiesandothersimilarpublicimprovementsassetforthinExhibitA.201907989EagleCounty,cc201907812EagleCounty,CC‘-‘3/2019ReginaO’Brien05/30/2019ReginaO’Brien06/u2700AMPgs:10:22:44AMPgs:2008REC:$0.00REC:$0.00DCC:$0.00DCC:$0.00C19-184 1.2. Scope of Work. The Subdivider hereby agrees, at its sole cost and expense, to furnish all necessary equipment and materials, and to complete all Subdivision Improvements as referenced in the attached Exhibit A and Landscape Improvements as referenced in the attached Exhibit B, and as set forth in all documents, construction drawings, designs, maps, specifications, sketches, and other materials submitted by the Subdivider prior to or at final plat approval and 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. Such performance shall include acquisition of all necessary rights-of-way and easements. 1.3. Duties of Subdivider. For those Subdivision Improvements required herein, including but not limited to the reconstruction and physical improvement of that portion of any road subject to this Agreement, the Subdivider shall retain an engineer whose duties shall include construction staking, observation of construction for conformance to the approved plans and specifications, and materials sampling, testing and inspection using the Colorado Department of Highways 2018 Field Materials Manual as a guide for frequency of sampling and testing. 1.3.1. Construction Staking. Where applicable and by way of example only, the following is a highlighting of the construction staking that will be required of the Subdivider: a.) Roadway - horizontal and vertical control every 50 feet or every 25 feet in critical areas, specifically including: -slope staking -points of curvature -points of tangency -fillet radius points -culverts -transition points for super-elevation -finished sub-grade -finished gravel b.) Water, Sewer, and Other Utilities - horizontal and vertical control every 100 feet, or every 50 feet in critical areas. 1.3.2. Testing. Where applicable and by way of example only, the following is a highlighting of the acceptance testing that will be required of the Subdivider: 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.” DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 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 2000 tons of aggregate base course. e.) Hot Bituminous Pavement - two asphalt content, gradation and in-place density tests per day’s production. f.) Concrete - Curb and Gutter, Sidewalks and Bikepaths - tests for air content, slump and compressive strength per 50 C.Y. of concrete placed or minimum of one set of tests per day. 1.3.3. Notification/Road Construction. Subdivider or its Engineer shall notify the Eagle County Engineer for the purpose of arranging an on-site inspection no less than forty-eight (48) hours in advance of the following stages of road construction: 1.) Finished subgrade 2.) Finished Aggregate Base Course 3.) Asphalt Placement. 4.) Concrete - Curb and Gutter, Sidewalks and Bikepaths The County Engineer shall make an on-site visit within the forty-eight (48) hours notification period for the purpose of observing proof rolls on items 1) and 2) 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 Subdivider outlined elsewhere in this Agreement. The Subdivider shall provide the proof rolling by arranging for a loaded single unit truck carrying 18,000 pounds per rear axle. 1.3.4. Witnessing of Water and Sewer Laterals. It is essential that the ends of these laterals be witnessed by the Subdivider’s engineer to a minimum of three divergent points and a permanent record made of the same. Copies of these records are required to be furnished to the Eagle County Engineer prior to acceptance of the Subdivision Improvements by the County. In addition to witnessing of the horizontal location of these laterals, a vertical witness shall be required. Horizontal witnessing shall be to property corners, fire hydrants, manholes, and other “permanent” features. Vertical witnessing shall be based on depth below ground and elevation based on a datum used for the subdivision. Bench marks shall be shown on witness records. 1.3.5. 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 Subdivider or its engineer. 1.3.6. As-Built Record Drawings of Subdivision Improvements. As- Built, record drawings, sealed, signed and dated by a Registered Professional Engineer showing the as-constructed horizontal and vertical locations of Subdivision Improvements shall be submitted to the Eagle County Engineer prior to completion of the two year warranty period and DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 the final release of Subdivision Improvements Collateral by the County. This shall include as- built drawings in an electronic form acceptable to the County Engineer. 1.3.7. Affidavit of Monumentation. An Affidavit of Monumentation sealed, signed and dated by a Registered Professional Land Surveyor stating that the subdivision has been monumented in accordance with §38-51-105, C.R.S., and Chapter II, Section 5-280.5.a (1)(a) of the Land Use Regulations shall be provided to the Eagle County Engineer prior to the acceptance of the Subdivision Improvements by the County. 1.4. Compliance with Colorado Department of Highways Access Code. Subdivider shall provide the County with designs in compliance with the Colorado Department of Highways Access Code for all road improvements. 1.5. Date of Completion. All Subdivision Improvements shall be completed on or before December 31, 2020. 1.6. Approval and Acceptance of Work. 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 Subdivider’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 an on-site 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 Subdivision Improvements. The total estimated cost of the Subdivision Improvements is the sum of $3,866,941.50, as set forth on Exhibit A. To secure and guarantee performance of its obligations as set forth in this Section 1, including the completion of the required Subdivision Improvements, the Subdivider hereby agrees to provide security and collateral for the Subdivision Improvements in the form and as set forth in Section 2, below. 1.8. Traffic Control Plan. Subdivider agrees to submit a traffic control plan to be approved by the Eagle County Engineering Department prior to any work commencing. 1.9. Landscape Plan. Subdivider has submitted a landscape plan to the County Department of Community Development which complies with the Land Use Regulations, Section 4-240, Installation and Maintenance Requirements. The Subdivider agrees to abide by the landscape plan approved by the County Department of Community Development (the “Landscape Plan”). The estimated cost of the Landscape Improvements is the sum of $104,712, as set forth on Exhibit B. To secure and guarantee performance of its obligations to DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 install the Landscape Improvements as set forth in this Section 1.9, including the completion of the required Landscape Plan, the Subdivider hereby agrees to provide security and collateral for the Landscape Improvements in the form and as set forth in Section 2, below. 1.10. Maintenance of Subdivision and Landscape Improvements. The Subdivider, property owner and/or future homeowners association shall be responsible for the maintenance, repair and replacement of the Subdivision Improvements and the Landscape Improvements, with the exception of any Subdivision Improvements and/or Landscape Improvements for the which the maintenance, repair and replacement is performed by a metropolitan district. 2. SECURITY and COLLATERAL. 2.1. Subdivision Improvements Collateral. The security and collateral for the Subdivision Improvements required in Section 1.7 as security for the performance by Subdivider of its obligations under this Agreement, shall be in the amount of $3,866,941.50 (the “Subdivision Improvements Collateral”). Prior to the issuance of any grading or building permits for or commencement of construction of any of the Subdivision Improvements, the Subdivider will provide the County with the Subdivision Improvements Collateral in the form of an irrevocable Letter of Credit, in form and substance acceptable to the County Attorney. 2.2. Partial Release of Subdivision Improvements Collateral. Subdivider may apply to the County for the release of portions of the Subdivision Improvements Collateral based upon work completed in accordance with this Agreement. To make such releases, Subdivider 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 Subdivision Improvements Collateral/Warranty. Within thirty (30) days after Subdivider has installed all of the required Subdivision Improvements and the work has been approved and accepted by the County, the entire remaining amount of the Subdivision Improvements Collateral, less an amount equal to ten percent (10%) of the original Subdivision Improvements Collateral, shall be released. Subdivider shall be responsible for the condition of the Subdivision Improvements for a period of two years after completion; this shall be guaranteed either through the retention of 10% of the total Subdivision Improvements Collateral, as set forth in this Section 2.3, or Subdivider may provide a substitute form of Subdivision Improvements Collateral as set forth in Section 2.4 below. 2.4. Substitution of Subdivision Improvements Collateral. The Subdivider may at any time substitute the Subdivision Improvements Collateral originally deposited with the County herein, for another form of collateral acceptable to the County Attorney, to guarantee the faithful completion of the Subdivision Improvements referred to herein and the performance of the terms of this Agreement. At the time of substitution of collateral, an 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 Subdivision Improvements as described herein, and collateral shall be submitted by the Subdivider in accordance therewith. DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 2.5. Draws. Draws against the Subdivision Improvements Collateral shall only be made as directed by written Resolution of the County, stating that there has been an Event of Default (defined below) under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Subdivision Improvements Collateral 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 Collateral: 2.6.1. If Subdivider has not completed the work required by this Agreement within thirty (30) days prior to the Date of Completion set forth herein, the County may, after ten (10) working days written notice to Subdivider, draw upon the Subdivision Improvements Collateral 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 Collateral presented to the County (or any extension thereof) is due to expire and the work is not yet completed, and Subdivider has not provided substitute collateral or the bank’s written extension to the original collateral (as it may have been previously extended), the County shall draw on the Collateral according to the provisions set forth in this Section 2. It is Subdivider’s responsibility, with or without notice, to ensure that the Collateral is extended, or that substitute collateral is provided in a form acceptable to the County, at least ten days prior to its expiration. If Collateral is neither extended nor substitute collateral provided, in a form acceptable to the County Attorney, at least ten days prior to its expiration, the developer shall pay the County an additional $500 (Five hundred dollars) for the additional administrative work required because of the failure to extend or substitute Collateral in a timely manner as required by this Agreement. 2.6.3. If the Subdivision Improvements Collateral 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 collateral substituted. 2.7. Costs and Expenses. Subdivider agrees to pay any costs and expenses, including but not limited to legal fees, which the County may incur in determining to accept collateral, in drawing upon the Subdivision Improvements or Landscape Plan Collateral (defined below), or in accomplishing an extension of its expiration. 2.8. Landscape Plan Collateral. 2.8.1. Prior to the County’s issuance of any development permit for the Subdivision, Subdivider agrees to provide the County the Landscape Plan Collateral in the form and substance acceptable to the County Attorney, in the form of an irrevocable Letter of Credit to ensure the Landscape Improvements will be installed according to the approved Landscape Plan. Subdivider agrees to provide the Landscape Plan Collateral for no less than one hundred and twenty-five percent (125%) of the estimated cost of the Landscape Improvements listed in the approved Landscape Plan, based on the cost estimate provided by the Subdivider and DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 approved by the County, as set forth in Exhibit B and Section 2.1, above. The Landscape Plan Collateral shall be in the amount of $130,890. 2.8.2. As portions of the Landscape Improvements are completed, the Community Development Director shall inspect them, and upon approval and acceptance, shall authorize the release from the Landscape Plan Collateral of the agreed estimated cost for that portion of the Landscape Improvements, except that ten percent (10%) shall be withheld until all proposed Landscape Improvements are completed and approved, and an additional twenty-five percent (25%) shall be retained until the Landscape Improvements have been maintained in a satisfactory condition for two (2) years. 2.8.3. Following installation of all of the Landscape Improvements, the Subdivider shall certify the landscaping has been installed in conformance with the approved Landscape Plan. Ten percent (10%) of the Landscape Plan Collateral shall be released within ten (10) working days following receipt of the certification and inspection by the County. Twenty- five percent (25%) of the Landscape Collateral shall be released within ten (10) working days following receipt of certification and inspection by the County that the Landscape Improvements have been maintained in a satisfactory condition for two (2) years. 2.8.4. In the event the Landscape Improvements contained in the cost estimate approved by the County are not installed or are installed in a manner that does not conform with the approved Landscape Plan, the County may draw on the Landscape Plan Collateral in the same manner as provided in Sections 2.5 and 2.6 above to bring the Landscape Improvements into conformance with the approved Landscape Plan. 3. INSURANCE and INDEMNIFICATION. 3.1. Certificates of Insurance. The Subdivider shall secure from any contractor or subcontractor engaged in the work necessary to comply with this Agreement a Certificate of Insurance providing for liability protection in the minimum amount of $350,000 per individual and $999,000 per occurrence, naming the County as an additionally named insured. The Subdivider, if it serves as the contractor for the Subdivision 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 Subdivision and/or Subdivision 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 Subdivision Improvements, but all of said liabilities shall be and are hereby assumed by the Subdivider. Nothing in this Agreement shall constitute a waiver by the County of its governmental immunity under State or Federal common law or statute. The Subdivider 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 DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 liabilities (or actions in respect thereof) arise out of or are based upon any performance or nonperformance by the Subdivider hereunder; and the Subdivider shall reimburse the County for any and all reasonable and customary 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 Subdivider may have. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claims without regard to the involvement of the Subdivider. 3.3. Governmental Immunity. Subdivider and the County are each relying on and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, defenses and protections provided by the Colorado Governmental Immunity Act, §24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to Subdivider and County or their officers or employees. 4. GENERAL PROVISIONS. The following shall apply to all Subdivision Improvements set forth in this Agreement: 4.1. Compliance with Land Use Regulations. The Subdivider 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 Subdivision Improvements referred to herein. 4.2. Subdivision 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 Subdivision Improvements during which time the Subdivider 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-year correction period from the acceptance of the repair or the replacement by the Eagle County Engineer. The work shall be collateralized during the correction period in an amount and type of collateral as shall be reasonably determined by the County. The work shall be inspected, at the request of the Subdivider, no less than sixty (60) days prior to expiration of the one-year additional correction period, and any deficiencies shall be noted to the Subdivider. 4.4. Approval of Final Plat. The County agrees to the approval of the Final Plat of the Subdivision, subject to the terms and conditions of this Agreement. 4.4.1. Final Plat Amendments. Where field changes or other circumstances have caused the road, utilities, or other Subdivision Improvements to be constructed in locations different from those shown on the approved plans, the locations of rights-of-way, easements, lot lines, building envelopes, setback lines, or other attributes shown DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 on the Final Plat shall be amended as necessary to comply with Final Plat requirements of the Land Use Regulations 4.5. 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. 4.6. Assignability. This Agreement shall be enforceable against the Subdivider, provided, however, that in the event the Subdivider sells, transfers or assigns all or part of the subject Subdivision, the obligations of the Subdivider under this Agreement as to that portion of the subject Subdivision may be assumed in writing by the purchaser of the parcel, and the Subdivider 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 Subdivider 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. 4.7. Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.8. Sole Responsibility of Subdivider Prior to County Acceptance. It is further agreed and understood that at all times prior to the completion and acceptance of the off- site Subdivision 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 Subdivider. When it is necessary to allow the general public to utilize the roadways under construction by the Subdivider, traffic control and warning devices shall be placed upon such roadways by the Subdivider 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. 4.9. 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. 4.10. Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. 4.11. 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 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 DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 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 fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ________________________. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ______________________________ By: _________________________________ Clerk to the Board of Chair County Commissioners Address for giving notice: Box 850 Eagle, CO 81631 (970) 328-8685 DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 5/29/2019 DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 EXHIBIT A OPINION OF PROBABLE COSTS FOR SUBDIVISION IMPROVEMENTS DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 Engineering Opinion of Probable Cost Tree Farm Phase I Date: March 11, 2019 By: Daniel Stewart, PE Roaring Fork Engineering 1 201‐00000 CLEARING AND GRUBBING L S 1 $30,000.00 $30,000.00 2 202‐00002 REMOVAL OF STRUCTURE (SPECIAL) BUILDINGS LS 1 $140,000.00 $140,000.00 3 202‐00010 REMOVAL OF TREE EACH 20 $500.00 $10,000.00 4 202‐00021 REMOVAL OF MANHOLE (STORM) EACH 2 $2,000.00 $4,000.00 5 202‐00030 REMOVAL OF WATER SERVICE EACH 1 $3,500.00 $3,500.00 6 202‐00033 REMOVAL OF PIPE (SPECIAL) (CULVERT) LF 335 $15.00 $5,025.00 7 202‐00041 REMOVAL OF OVERHEAD ELECTRICAL LS 1 $20,000.00 $20,000.00 8 203‐00042 TRENCH (SPECIAL) (COMMON/PRIMARY ELECTRIC) LF 3083 $30.00 $92,490.00 9 203‐00043 TRENCH (SPECIAL) (GAS TRENCH) LF 2343 $20.00 $46,860.00 10 203‐00043 TRENCH (SPECIAL) (SECONDARY ELECTRIC) LF 431 $20.00 $8,620.00 11 202‐00210 REMOVAL OF CONCRETE PAVEMENT SY 121 $25.00 $3,025.00 12 202‐00220 REMOVAL OF ASPHALT MAT SY 4765 $15.00 $71,475.00 13 202‐00240 REMOVAL OF ASPHALT MAT (PLANING)(2 INCH) SY 35 $10.00 $350.00 14 202‐01000 REMOVAL OF FENCE LF 530 $1.50 $795.00 15 202‐05008 SAWING CONCRETE (8 INCH) LF 80 $10.00 $800.00 16 202‐05022 SAWING ASPHALT MATERIAL (2 INCH) LF 160 $5.00 $800.00 17 202‐05026 SAWING ASPHALT MATERIAL (6 INCH) LF 160 $8.00 $1,280.00 18 203‐00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 13930 $7.50 $104,475.00 19 203‐00042 TRENCH (SPECIAL) (GAS TRENCH) LF 2365 $15.00 $35,475.00 20 203‐00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 11500 $7.50 $86,250.00 21 206‐00200 STRUCTURE BACKFILL (CLASS 2) CY 3955 $25.00 $98,875.00 22 207‐00210 STOCKPILE TOPSOIL CY 2450 $7.50 $18,375.00 23 208‐00012 EROSION LOG TYPE 1 (9 INCH) LF 3170 $3.00 $9,510.00 24 208‐00045 CONCRETE WASHOUT STRUCTURE EACH 2 $500.00 $1,000.00 25 208‐00054 STORM DRAIN INLET PROTECTION (TYPE II) EACH 5 $500.00 $2,500.00 26 208‐00056 STORM DRAIN INLET PROTECTION (TYPE III) EACH 12 $500.00 $6,000.00 27 208‐00070 VEHICLE TRACKING PAD EACH 2 $3,000.00 $6,000.00 28 210‐00810 RESET GROUND SIGN EACH 8 $250.00 $2,000.00 29 216‐00211 SOIL RETENTION BLANKET (EXCELSIOR)(BIODEG CLASS 1) SY 4265 $2.00 $8,530.00 30 304‐06007 AGGREGATE BASE COURSE (CLASS 6) CY 1835 $60.00 $110,100.00 31 403‐34721 HOT MIX ASPHALT (GRADING SX) (75) (PG 58‐28) TON 1750 $115.00 $201,250.00 32 412‐00400 CONCRETE PAVEMENT (4 INCH) SY 1845 $60.00 $110,700.00 33 412‐00600 CONCRETE PAVEMENT (6 INCH) SY 71 $75.00 $5,325.00 34 412‐00601 CONCRETE PAVEMENT (6 INCH)(SPECIAL)(COLOR CROSSWALKS) SY 240 $110.00 $26,400.00 35 420‐00133 GEOTEXTILE (SEPARATOR) (CLASS 2) SY 20 $5.00 $100.00 36 504‐06400 SOIL NAIL WALL SF 1222 $75.00 $91,650.00 37 504‐08050 STONE LANDSCAPE WALL SF 1400 $125.00 $175,000.00 38 506‐00206 RIPRAP (6 INCH) CY 5 $90.00 $450.00 39 508‐00520 INSULATION MATERIAL (2 INCH) SF 1680 $10.00 $16,800.00 40 601‐03050 CONCRETE CLASS D (WALL) CY 10 $1,200.00 $12,000.00 41 602‐00000 REINFORCING STEEL LB 1045 $1.50 $1,567.50 42 603‐50004 4 INCH PLASTIC PIPE (HDPE DR19 RAW WATER) LF 1655 $65.00 $107,575.00 43 603‐50004 4 INCH PLASTIC PIPE (C900 SDR18) LF 1900 $85.00 $161,500.00 CONTRACT ITEM NO. CDOT REFERENCE NO. UNIT COST TOTAL COSTCONTRACT ITEM UNIT QUANTITY Page 1 DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 Engineering Opinion of Probable Cost Tree Farm Phase I Date: March 11, 2019 By: Daniel Stewart, PE Roaring Fork Engineering CONTRACT ITEM NO. CDOT REFERENCE NO. UNIT COST TOTAL COSTCONTRACT ITEM UNIT QUANTITY 44 603‐50004 4 INCH PLASTIC PIPE (SCH 40 PVC SLEEVE ‐ SPECIAL) LF 72 $40.00 $2,880.00 45 603‐50006 6 INCH PLASTIC PIPE (C900 SDR18) LF 1501 $95.00 $142,595.00 46 603‐50008 6 INCH PLASTIC PIPE (SCH40 PVC SLEEVE) LF 165 $40.00 $6,600.00 47 603‐50008 8 INCH PLASTIC PIPE (SCH40 PVC SLEEVE) LF 36 $45.00 $1,620.00 48 603‐50012 12 INCH PLASTIC PIPE (SCH40 PVC) LF 45 $60.00 $2,700.00 49 603‐50018 18 INCH PLASTIC PIPE (ADS N12) LF 1190 $85.00 $101,150.00 50 603‐83008 8 INCH SEWER PIPE (SDR 35) LF 1675 $95.00 $159,125.00 51 604‐39000 MANHOLE SPECIAL (STORM DRAIN) EACH 17 $5,500.00 $93,500.00 52 604‐39000 MANHOLE SPECIAL (CDS VAULT) EACH 2 $30,000.00 $60,000.00 53 604‐39010 MANHOLE SPECIAL (10 FOOT) (SANITARY SEWER) EACH 4 $7,500.00 $30,000.00 54 604‐39015 MANHOLE SPECIAL (15 FOOT) (SANITARY SEWER) EACH 5 $11,000.00 $55,000.00 55 604‐83108 SEWER SERVICE (4 INCH PVC) EACH 6 $3,500.00 $21,000.00 56 607‐11580 FENCE (TEMPORARY) LF 750 $2.00 $1,500.00 57 608‐00010 CONCRETE CURB RAMP SY 85 $220.00 $18,700.00 58 608‐00015 DETECTABLE WARNINGS SF 90 $50.00 $4,500.00 59 609‐21008 CURB AND GUTTER TYPE 2 (SECTION I‐B)(SPECIAL)(1.5 FOOT) LF 1040 $35.00 $36,400.00 60 609‐21010 CURB AND GUTTER TYPE 2 (SECTION I‐B)(1 FOOT SPILL) LF 452 $30.00 $13,560.00 61 609‐24003 GUTTER TYPE 2 (3 FOOT) LF 410 $35.00 $14,350.00 62 609‐24008 GUTTER TYPE 2 (8 FOOT) LF 68 $90.00 $6,120.00 63 609‐40009 CURB TYPE 4 (SECTION B) (SPECIAL) (WILLITS ISLAND) LF 175 $50.00 $8,750.00 64 613‐00200 2 INCH ELECTRICAL CONDUIT (CONDUIT ONLY) LF 431 $5.50 $2,370.50 65 613‐00400 4 INCH ELECTRICAL CONDUIT (CONDUIT ONLY) LF 6800 $7.50 $51,000.00 66 613‐00400 4 INCH ELECTRICAL CONDUIT (CABLE) LF 1847 $7.50 $13,852.50 67 613‐00400 4 INCH ELECTRICAL CONDUIT (TELE.) LF 1847 $7.50 $13,852.50 68 613‐00600 6 INCH ELECTRICAL CONDUIT (CONDUIT ONLY) LF 1583 $9.50 $15,038.50 69 613‐06001 ELECTRIC METER (STREET LIGHTS) EACH 1 $1,500.00 $1,500.00 70 613‐10000 WIRING LS 1 $30,000.00 $30,000.00 71 613‐13000 LUMINAIRE (LED) EACH 3 $5,000.00 $15,000.00 72 613‐32250 LIGHT STANDARD STEEL (25 FOOT) EACH 3 $3,500.00 $10,500.00 73 613‐40010 LIGHT STANDARD FOUNDATION EACH 3 $2,500.00 $7,500.00 74 613‐50150 SECONDARY SERVICE PEDISTAL (CABLE) EACH 5 $500.00 $2,500.00 75 613‐50150 SECONDARY SERVICE PEDISTAL (TELE.) EACH 5 $500.00 $2,500.00 76 613‐50355 POWER TRANSFORMER EACH 5 $7,500.00 $37,500.00 77 613‐81000 PANELBOARD (STREET LIGHTS) EACH 1 $2,500.00 $2,500.00 78 614‐00011 SIGN PANEL (CLASS I) EACH 3 $150.00 $450.00 79 614‐01503 STEEL SIGN SUPPORT (2‐INCH ROUND)(POST AND SOCKET) EACH 3 $250.00 $750.00 80 619‐00002 WATER SERVICE EACH 7 $3,500.00 $24,500.00 81 619‐06040 4 INCH DUCTILE IRON PIPE LF 110 $65.00 $7,150.00 82 619‐06060 6 INCH DUCTILE IRON PIPE LF 130 $85.00 $11,050.00 83 619‐06080 8 INCH DUCTILE IRON PIPE LF 1190 $105.00 $124,950.00 84 619‐06120 12 INCH DUCTILE IRON PIPE LF 570 $125.00 $71,250.00 85 619‐78048 6 INCH FIRE HYDRANT EACH 5 $7,500.00 $37,500.00 86 619‐00007 CONNECT TO EXISTING WATERLINE EACH 1 $3,000.00 $3,000.00 Page 2 DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 Engineering Opinion of Probable Cost Tree Farm Phase I Date: March 11, 2019 By: Daniel Stewart, PE Roaring Fork Engineering CONTRACT ITEM NO. CDOT REFERENCE NO. UNIT COST TOTAL COSTCONTRACT ITEM UNIT QUANTITY 87 620‐00001 FIELD OFFICE (CLASS 1) EACH 1 $12,000.00 $12,000.00 88 620‐00020 SANITARY FACILITY EACH 3 $2,000.00 $6,000.00 89 621‐00650 PEDESTRIAN STAIR STRUCTURE LS 1 $15,000.00 $15,000.00 90 622‐00550 WHEEL STOP (CONCRETE) EACH 14 $500.00 $7,000.00 91 622‐00750 RAW WATER PUMP STATION LS 1 $3,500.00 $3,500.00 92 622‐00752 SEWAGE LIFT STATIONS, DUPLEX LS 1 $310,000.00 $310,000.00 93 625‐00000 CONSTRUCTION SURVEYING L S 1 $85,000.00 $85,000.00 94 626‐00000 MOBILIZATION L S 1 $90,000.00 $90,000.00 95 627‐00002 THERMOPLASTIC PAVEMENT MARKING SF 50 $50.00 $2,500.00 96 627‐00005 EPOXY PAVEMENT MARKING GAL 5 $250.00 $1,250.00 97 630‐00016 TRAFFIC CONTROL (SPECIAL) LS 1 $35,000.00 $35,000.00 98 700‐70000 F/A TEMPORATY SERVICES FA 1 $20,000.00 $20,000.00 99 700‐70010 F/A MINOR CONTRACT REVISIONS F A 1 $175,000.00 $175,000.00 EOPC Total:$3,866,941.50 Page 3 DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 {A0130249 / 6 } EXHIBIT B OPINION OF PROBABLE COSTS FOR LANDSCAPING IMPROVEMENTS DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 THE TREE FARM PUD LANDSCAPE OPINION OF PROBABLE COST Date: November 26, 2018 By: LANDWEST Colorado, LLC PHASE‐1 ITEM QUANTITY UNIT UNIT COST AMOUNT Topsoil Placement in Reveg Areas ‐ 3" Depth 1,750 CY $15.00 $26,250.00 Topsoil Placement in Planting Beds ‐ 12" Depth 150 CY $15.00 $2,250.00 Soil Amendments for Planting Beds ‐ Compost 50 CY $60.00 $3,000.00 Soil Amendments for Planting Beds ‐ Organic Fertilizer 5,350 SF $0.10 $535.00 SUBTOTAL: $32,035.00 1" Drip Valve Zone 4 EA $2,500.00 $10,000.00 1 1/2" Spray Valve Zone ‐ EA $3,000.00 $0.00 Master Controller & Pedestal 1 EA $2,800.00 $2,800.00 SUBTOTAL: $12,800.00 Deciduous Trees ‐ 2" Caliper 22 EA $675.00 $14,850.00 Deciduous Trees ‐ Transplant Existing 3 EA $300.00 $900.00 Deciduous Trees ‐ Prune/Root Prune Existing Boxelder 1 EA $500.00 $500.00 SUBTOTAL: $16,250.00 Shrubs ‐#5 118 EA $65.00 $7,670.00 SOIL & AMENDMENTS IRRIGATION TREES SHRUBS, PERENNIALS & GROUND COVERS Shrubs #5 118 EA $65.00 $7,670.00 Perennials ‐ #1 40 EA $25.00 $1,000.00 Mulched Planting Beds ‐ 4" Depth 66 CY $100.00 $6,600.00 Reveg Hydro Seeding 189,050 SF $0.15 $28,357.50 SUBTOTAL: $43,627.50 GRAND TOTAL: $104,712.50 DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 {A0130249 / 6 } EXHIBIT C CONSTRUCTION SCHEDULE DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 DocuSign Envelope ID: DBCF8BBC-DA70-4F4D-8EDD-379C8DFDAC94 May20,2019BenGerdes,CountyEngineerWoodyVentures,LLC401TreeFarmDriveCarbondale,Colorado81623EagleCounty500BroadwayEagle,Colorado81631Viaemail:Ben.Gerdes@eaglecounty.usRE:TheTreeFarmPUD:PavementWarrantyforTreeFarmDriveDearBen,Asyouareaware,Phase1ofTheTreeFarmincludessomeareasofpavementthatwillincludeoneliftof3”hotmixasphalt,withanother2”lifttobeaddedlaterwhichwilllikelycorrespondwiththecompletionofverticalconstruction.Asapublicthrough-road,weunderstandthattheCountyisconcernedaboutTreeFarmDrivehavingonly3”ofasphaltforanindeterminantamountoftime.TreeFarmDriveandtheotherroadswithintheprojectwillbededicatedtothepublicwiththerecordingofTheFinalPlat,howevertheywillbemaintainedbyTheTreeFarmMetropolitanDistrictwhichwasformedlastfall.Inordertoalleviateconcernsaboutpotentialmaintenanceissuesassociatedwith3”ofasphaltpavementonTreeFarmDrive,weareofferingawarrantyforthatpavementbeyondthe2-yearwarrantyoftheSubdivisionImprovementsAgreement(SIA).IfanypavementdefectsormaintenanceissuesareidentifiedbyCountyEngineeringpriortotheSubdividerinstallingthefinal2”asphaltmatonTreeFarmDrive,theCountymayinstructtheSubdividertocorrectsuchissuesatitsownexpense.Uponcompetitionofthefinal2”asphaltmat,theSubdividerwillfurtherwarrantythepavementforanadditional2yearsconsistentwiththeSIAlanguage.By:SUBDIVIDER:WOODYVENTURES,LLC,aColoradolimitedliabilitycompanyIts: