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HomeMy WebLinkAboutR95-021 third release for Eby Creek Mesa Phase I�4 C l C j Commissioner moved adoption 01 following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95- 1 THIRD PARTIAL RELEASE OF COLLATERAL Eby Creek Mesa Subdivision Phase I WHEREAS, pursuant to C.R.S. 30- 28 -37, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement dated July 6, 1993 ( "Agreement ") with Eby Creek Mesa Limited Partnership, a Colorado Limited Partnership, whose general partner is Eagle River Land Company, Inc., a Colorado corporation ( "Subdivider ") , as a condition of final plat approval for Eby Creek Mesa Subdivision Phase I; and WHEREAS, by Eagle County Resolution No. 94 -122 Subdivider was granted a first partial release of collateral. As a condition of that release the Subdivider provided the Board with Irrevocable Letter of Credit No. 45 drawn on the Alpine Bank of Eagle, in the amount of $494,991.60 thereby fully collateralizing the project; and WHEREAS, by Eagle County Resolution No. 94 -137 Subdivider was granted a second partial release of collateral. As a condition of that release the Subdivider provided the Board with Irrevocable Letter of Credit No. 45 drawn on the Alpine Bank of Eagle, in the amount of $325,301.42; and WHEREAS, by Eagle County Resolution No. 94 -211 the Board Accepted the roads within Eby Creek Mesa, Phase I for winter maintenance only in order to protect the safety of the residents of Eby Creek; and WHEREAS, pursuant to the Agreement, the Subdivider may apply to the County for a partial release of collateral based on its progress in constructing the public improvements required by the Agreement; and WHEREAS, Subdivider has represented to the Board, that the public improvements required under the Agreement have been partially completed (see the attached Exhibit "A") and therefore Subdivider has applied for a third partial release of collateral; and WHEREAS, the Subdivider requests a release of its collateral reducing the amount currently held by the County from $325,301.42; to $106,635.00 which amount represents ten percent of the original cost estimate, less the cost associated with the waterline improvements, (ten percent of that amount is being held by the Town of Eagle for a two year warranty period) and the cost of the punch list and intersection work (additional work) to be completed by the Subdivider: Original Cost Estimate: $1,023,752.00 Waterline Improvements: - 75,601.00 SIA 10%: 94,815.10 Additional Work: + 11,820.00 Collateral Remaining: 106,635.00 WHEREAS, based on the finding of the Department of Engineering, THE BOARD FINDS that the that public improvements associated with Eby Creek Mesa Subdivision, Phase I appear to have been partially completed and a reduction in the collateral held by the Board is warranted if the Subdivider provides the County a letter of credit in the amount of $106,635.00 in a form acceptable to the County Attorney. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the release of collateral in the amount of $218,666.42, thereby reducing the collateral to $106,635.00, on the delivery to the County a letter of credit in the amount of $106,635.00 in a form acceptable to the County Attorney. THAT, this partial release of collateral granted hereby does not represent the County's acceptance of the work purportedly completed by the Subdivider, nor does it in any way signify the commencement of the warranty period; the warranty period shall begin on the date all work is complete and accepted by the County, pursuant to Paragraph 2.6 of the Agreement. THAT, the partial release of collateral granted hereby shall not in any way abrogate the rights of the Board in enforcing the Subdivider's performance of his outstanding obligations under the Agreement. THAT, the items listed on Exhibit "B" and Exhibit "C" are to be completed prior to June 1, 1995, in accordance with Eagle County Department of Engineering recommendations. r MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this day of- February, 1995. =x, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY C014MISSIONERS ATT �J < _ to the boara or County Commissioners By: s E George ^. Gates, Jr., Commissioner ohnnette Phillips, Commissio er Commissioner seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Johnson Commissioner Gates _ Commissioner Phillips This Resolution passed by County Commissioners of the County of Eagle, rd awi p r Spar t i al . eby sub82— 48 vote of the Board of State of Colorado. MEMORANDUM EAGLE COUNTY ENGINEERING TO: Maureen Amundson, Attorney's Office FROM: Mike Gruber, Engineering Phill Scott, Engineering DATE: February 23, 1995 (Replaces Memo dated 2/15/95) RE: Eby Creek Mesa, Phase I, Subdivision Improvements Agreement, Third Partial Release of Collateral The Engineering Department has conducted a review of the public improvements for the above referenced subdivision. We find that the work performed is substantially complete and in accordance with the terms and conditions of the Subdivision Improvements Agreement, except as noted in the attached Exhibit B. Supplemental asphalt testing has been performed as requested by our office and satisfies compliance with the Subdivision Improvements Agreement. 11 1 The developer's engineer has assured that t] (Exhibit B) will be completed prior to June 1.) Revised Letter, December 16, 1994, High Inc. We agree with the recommendation also letter toward sight distance remedies which the onset of the 1995 construction season. 20, 1994, High Country Engineering, Inc. We with the contents of this letter. ze "punch list" items 1, 1995. References: Country Engineering, presented within this will be performed at 2). Letter, December are also in agreement A depression has developed in the right -of -way on Mesa Drive at Lot 25. Temporary corrections have been performed. Permanent repairs as proposed in letter dated February 7, 1995, by High Country Engineering, Inc. are acceptable to the Engineering Department. Waterline improvements have been accepted by the Town of Eagle and 10% of that amount is being held for a two year warranty period. Attached please find a Collateral Summary prepared by the Engineering Department. As a result of the above findings, we recommend collateral to be retained as follows: loo to be retained $ 94,815.10 Additional Work Required $ 11,820.00 Total collateral remaining $106,635.10 • SIA: DATE: COLLATERAL RELEASE SUMMARY EBY CREEK MESA, PHASE I THIRD PARTIAL RELEASE FEBRUARY 23, 1995 ORIGINAL AMOUNT OF 1993 ON -SITE IMPROVEMENTS AMOUNT IMPROVEMENTS ROADS COLLATERALIZED COMPLETED Excavation, Dirt Work & Drain Improvements $ 50,300.80 $ 50,300.80 Class 6 ABC $ 39,308.00 $ 39,308.00 18" CMP $ 2,400.00 $ 2,400.00 18" Flared End Section $ 332.00 $ 332.00 Valve Box /Manhole Adjustment $ 2,625.00 $ 2,625.00 Road Signs $ 1,000.00 $ 1,000.00 TOTAL ROADS $ 95,965.80 $ 95,965.80 SEWER 8 " Sewerline $ 76,272.00 $ 76,272.00 4' Diameter Manhole $ 26,000.00 $ 26,000.00 Sewer Service $ 39,240.00 $ 39,240.00 TOTAL SEWER $141,512.00 $141,512.00 WATER Conduit & Warning Tape $ 4,291.20 $ 4,291.20 Lower Existing Waterline $ 7,000.00 $ 7,000.00 TOTAL WATER $ 11,291.20 $ 11,291.20 UTILITY SUBTOTAL 48" Utility Trench $ 25,680.00 $ 25,680.00 30" Utility Trench $ 15,606.00 $ 15,606.00 TOTAL UTILITIES $ 41,286.00 $ 41,286.00 1993 ON -SITE IMPROVEMENTS TOTAL $290,055.00 $290,055.00 1993 OFF -SITE IMPROVEMENTS COLLATERALIZED COMPLETED Clearing, Grubbing, Excav, & Drainage $ 99,001.00 $ 99,001.00 Retaining Wall $ 94,945.40 $ 94,945.40 Guardrail $ 14,922.60 $ 14,922.60 Class 6 ABC $ 21,001.25 $ 21,001.25 24" CMP $ 5,755.75 $ 5,755.75 24° Flared End Section $ 948.00 $ 948.00 Culvert Crossing $ 12,709.50 $ 12,709.50 Erosion Protection $ 5,098.50 $ 5,098.50 Road Signs $ 400.00 $ 400.00 1993 OFF -SITE IMPROVEMENTS TOTAL $254,782.00 $254,782.00 9 . e EBY CREEK MESA, PHASE I THIRD PARTIAL RELEASE FEBRUARY 23, 1995 PAGE 2 1994 ON -SITE IMPROVEMENTS Class 6 ABC (12 2 Asphalt 1994 ON -SITE IMPROVEMENTS TOTAL 1994 OFF -SITE IMPROVEMENTS 3 Asphalt Class 6 ABC (12 1994 OFF -SITE IMPROVEMENTS TOTAL s ) ORIGINAL AMOUNT COLLATERALIZED $130,921.00 $114,048.00 $244,969.00 COLLATERALIZED $ 74,340.00 $ 84,005.00 $158,345.00 1993 ON -SITE IMPROVEMENTS COMPLETED $290,055.00 1993 OFF -SITE IMPROVEMENTS COMPLETED $254,782.00 1994 ON -SITE IMPROVEMENTS COMPLETED $244,969.00 1994 OFF -SITE IMPROVEMENTS COMPLETED $158,345.00 TOTAL IMPROVEMENTS COMPLETED $948,151.00 10% RETAINAGE $ 94,815.10 NOTE: Original Collateralization $1,023,752.00 Less Waterline Improvements $ 75,601.00 $ 948,151.00 Additional Work ( "Punch List" and Work at Intersection) Excavation & Dirt Work at Mesa Drive & Eby Creek Road Class 6 ABC Mag- Chloride Speed Limit Signs Street Signs 5 Steel Bollard Post Clean Up & Minor Grading Relocate Delineators at Culverts 2 Delineators at End of Guardrail Smooth Out Asphalt Cold Joint Asphalt Adjustment Around Manholes Extend Culvert 5' Adjust Manhole H1 to Grade 18" Culvert at Station 7 +50 Incidental Items Total Additional Work in Eby Creek Road SUMMARY: 10% Retainage $ 94,815.10 Additional Work $ 11,820.00 Collateral to be held $106,635.10 AMOUNT OF IMPROVEMENTS COMPLETED $130,921.00 $114,048.00 $244,969.00 COMPLETED $ 74,340.00 $ 84,005.00 $158,345.00 $ 2,500.00 $ 4,900.00 $ 470.00 $ 300.00 $ 750.00 $ 150.00 $ 300.00 $ 100.00 $ 50.00 $ 250.00 $ 500.00 $ 250.00 $ 100.00 $ 1,050.00 $ 150.00 $11,820.00 EXHIBIT B EBY CREEK MESA SUBDIVISION, PHASE I SUBDIVISION IMPROVEMENTS AGREEMENT "Punch List" Items 1. Two 35 mph speed limit signs on .Eby Creek Road. One at the beginning of Eby Creek Road and one facing the south bound traffic south of the Mesa Drive /Eby Creek Road intersection. 2. Five street signs - one at each of the street intersections. 3. Clean up some minor brush'in the drainage on the south side of Pinion Lane approximately station 5 +00. 4. Two 5 steel bollard posts to protect the.electric transformer on Pinion Lane approximately station 6 +50. One placed on each corner at a 45 angle 18" away from the electric vault. 5. The electric vault left station 17 +00 Mesa Drive needs dirt placed flush around the vault flush so a snow plow won't damage the vault. 6. The stop sign at Mesa Drive /Eby Creek Road intersection needs lowered. 7. The delineators at the culvert crossing on Eby Creek Road need to be placed 4' prior to the culvert and be set at a height of 4 1 . The delineators need to be a Type III (3- yellow). B. The guardrail needs an OM -BT hazard marker placed at each end per S -612 -1 CDOT's standards, unless a delineator Type III is placed at the end of the guard rail. 9. The guard rail needs additional reflector tabs per CDOT's standards. 10. One delineator Type III (3- yellow) needs to be placed at the beginning of each guardrail, in - front of the asphalt curb, approximately stations 20 +50 and 24 +50. 11. The asphalt cold joint in the left lane and approximately at station 7 +50 of Eby Creek Road needs smoothed out. 12. The driveway on the left side of Eby Creek Road approximately at station 7 +50 will need an 18" culvert. 13. The culvert at the Pinion Lane /Mesa Drive intersection needs to be extended by 5 1 . 14. Manhole.Hi needs adjusted to grade. 15. The asphalt around the manholes in Eby Creek Road needs to be adjusted. Exhibit B Eby Creek Mesa Subdivision, Phase I Subdivision Improvements Agreement Page 2 16. The 6 by 6 stop sign post shall be provided with two lm" diameter holes through the neutral axis at right angles to the roadway, one drilled at 4" and one at 18" above the ground level. 17. The west fill bank on the portion of Eby Creek Road north of Mesa Drive intersection .needs to be regraded to a 2% to 1 slope. Eagle County Engineers Attn: Phill Scott P.O. Box 850 Eagle, CO 81631 RE: Eby Creek Mesa Subdivision Phase I HCE Project No. 92061.02 Dear Phill: The following is the final punch list for Eby Creek Mesa Subdivision Phase I. This list originated from a site visit on 12/5/94 by Eagle County's engineering department, road and bridge department, and myself. If any items are different or have been inadvertently omitted, please let me know immediately. 1. Two 35 mph speed limit signs on Eby Creek Road. One at the beginning of Eby Creek Road and one facing the South bound traffic South of the Mesa Drive /Eby Creek Road intersection. 2. Five street signs - one at each of the street intersections. 3. Clean up some minor brush in the drainage on the South side of Pinion Lane approximately at station 5 +00. 4. T vc 5" sfwl boll — s — +n - f --t 4k— ulsanh'in transf � r Opt pini.a i..:: ^ .. ° . r w r ....,.�. ., ......� �._ .,,- approximately at station 6 +50. One placed on each corner at a 45 angle 18" away from the electric vault. 5. The electric vault left station 17 +00 Mesa Drive needs dirt placed flush around the vault flush so a snow plow won't damage the vault. 6. The stop sign at Mesa Drive/Eby Creek Road intersection needs lowered. 7. The delineators at the culvert crossing on Eby Creek Road need to be placed 4' prior to the culvert and be set at a height of 4'. The delineators need to be a Type III (3- yellow). 8. The guard rail needs an OM -BT hazard marker placed at each end per S -612 -1 CDOT's standards, unless a delineator Type III is placed at the end of the guard rail. 923 Cooper Avenue Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 December 8, 1994 Revised December 16, 1994 Mr. Phill Scott Page 2 December 8, 1994 (Revised December 16, 1994) 9. The guard rail needs additional reflector tabs per CDOT's standards. 10. One delineator Type III (3- yellow) needs to be placed at the beginning of each guard rail, in front of the asphalt curb, approximately at stations 20 +50 and 24 +50. 11. The asphalt cold joint in the left lane and approximately at station 7 +50 of Eby Creek Road needs smoothed out. 12. The driveway on the left side of Eby Creek Road approximately at station 7 +50 will need an 18" culvert. 13. The culvert at the Pinion Lane /Mesa Drive intersection needs to be extended by 5 . 14. Manhole H1 needs adjusted to grade. 15. The asphalt around the manholes in Eby Creek Road needs to be adjusted. 16. The 6" by 6" stop sign post shall be provided with two 1 - 1/2" diameter holes through the neutral axis at right angles to the roadway, one drilled at 4" and one at 18" above the ground level. 17. The West fill bank on the portion of Eby Creek Road North of Mesa Drive intersection needs to be regraded to a 2 1/2 to 1 slope. We would ask that the County take over maintaining the roads at this time and that the County would accept the public improvements and start the warranty period as soon as the asphalt testing and the sight distance at the Mesa Drive /Eby Creek Road intersection are taken care of. The above punch list items will be completed no later than June 1, 1995. Let me know if this is *tot yotur. undm-twid R If you have any questions or need additional information, please let me know. Sincerely, HIGH COUNTRY ENGINEERING, INC. F 6Z Yancy Nichol, P.E. Project Manager YN /tmc cc: Western Slope Utilities Attn: Harry Baum December 20, 1994 Eagle County Engineers Attn: Phill Scott P.O. Box 850 Eagle, CO 81631 RE: Eby Creek Mesa Subdivision Phase I HCE Project No. 92061.02 This letter' is written in response to the County's letter dated November 23, 1994 concerning the asphalt testing as well as other issues and concerns of the County. Asphalt Testing We believe that your request regarding the asphalt testing, or lack thereof, for the above referenced project is beyond the normal and generally acceptable testing for this area. It is our understanding, that the County's main objective is to be assured that the road infrastruc- ture to be dedicated to the County has been constructed to the intent of the plans and specifications previously approved by the County. The roadway construction for the Eby Creek Mesa Subdivision - Phase I was completed during 1993 and. 1994 under the construction observation of High Country Engineering, Inc. with testing by H -P Geotech, utilizing the County approved plans and specifications. We believe that the construction observed by our staff and the test results indicate that the roadway work has been completed within the intent of the approved plans and specification. We recently learned that the signed SIA for the project has some testing requirements that are different from the plans and specifications as approved and different from those normally employed in the area. The SIA, which generally is not circulated to the civil engineer, soils engineer or contractor, requires two asphalt extractions per day of asphalt production. Depending on the project, an asphalt extraction is usually completed when a change of material is noted, or on an average of once every two days. Over the past five years, we have used similar testing procedures on numerous projects that have been successfully completed and accepted by Eagle County. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 FAX: 303-945-2555 Mr. Phill Scott Page 2 December 20, 1994 An asphalt extraction test must be completed during the paving construction. An extraction completed on a core sample of an existing pavement section would be inconclusive. It is our understanding that the County's extraction requirement is based on a similar requirement set by the State for highway construction. We believe, along with some of the local geotechnical firms, that the State's requirements are not practical or warranted for subdivisions. Again, the main objective for all concerned, should be to assure that the asphalt pavement was constructed within the specified parameters. At this time, we have no evidence nor suspicion which would lead us to believe otherwise. We believe it would be completely unreasonable to request reconstruction of the pavement merely to satisfy the SIA's testing requirements when the construction already complies with the testing commonly used throughout the western slope area. Another concern that you voiced regarded some low nuclear density tests. It is our under- standing that these tests have not been adjusted to the core samples' true densities. Based on our conversations with H -P Geotech, the nuclear density test results should be adjusted upward approximately 3%. This would increase the low nuclear density tests of 92% near or to 95 %. H -P Geotech has stated that the asphalt construction complies with the approved plans and specifications (See H -P Geotech letters dated December 8, 1994 and October 29, 1994). Sight Distance The centerline of Eby Creek Road as constructed was surveyed to determine the stopping sight distance. The stopping sight distance is determined by a height of eye of 3.50' and an object 0.50' high. The stopping sight distance has been determined to be approximately 187 feet. (See attached Exhibit "A ".) The required stopping sight distance for 35 mph is 225- 250 feet. Some additional work will be required north of the intersection to increase the , sight distance from 187' to 225' or greater. (See attached Exhibit "B ".) This work will be performed in the spring, as soon as weather allows. The stopping sight distance for an intersection is determined by a height of eye of 3.50' to an object 4.25 feet high. The required stopping sight distance for an intersection is 370' for 35 mph. The existing stopping sight distance is 337'. The work proposed per Exhibit "B" will increase the intersection stopping sight distance to 385'. Mr. Phill Scott Page 3 December 20, 1994 The stopping sight distance required for 25 mph is 150' and the intersection stopping sight distance for 25 mph is 270'. Based upon the existing conditions in the field, we suggest that the temporary stop sign should be removed, and either a 25 mph speed limit sign, or a yield sign, be placed for the southbound lane on Eby Creek Road just north of the intersection. Once the work is completed in the spring, the 25 mph speed limit sign or yield sign may be removed. The sight distance requirements stated above are from the 1994 edition of AASHTO. In accordance with the information presented above, on behalf of the Eagle River Land Company, we request that the County accept the public improvements completed for the above referenced project. We also request the release of all collateral representing all improvements except the required 10% retainage through the warranty period. The additional work north of the Mesa Drive intersection was not part of the SIA Agreement and, therefore, should be 100% collateralized until completed in the spring. If you have any questions or need additional information, please call. Sincerely, HIGH COUNTRY ENGINEERING, INC. Yancy Nichol, P.E. Project Manager YTN:r h Enc cc: Eagle River Land Co. MEMORANDUM High Country Engineering, Inc. To: Eagle County Engineering Phill Scott /Mike Gruber From : Y ancy Ni chol y.4, Date: February 23, 1995 Re: Collateral Reduction for Eby Creek Mesa Subdivision, Phase 1 HCE Job No. 92061.02 Regarding your request to look more closely at the cast estimate for the additional work required at the intersection of Mesa Drive & Eby Creek Road and the items remaining to be done (punch list), the following is an updated cost estimate for those items. Item Excavation & Dirt Work at Mesa Drive & Eby Creek Road Class 6 ABC Mag- Chloride Speed Limit Signs Street Signs 5 Steel Bollard Post Clean Up & Minor Grading Relocate Delineators at Culverts 2 Delineators at Find of Guardrail Smooth Out Asphalt Cold Joint Asphalt Adjustment Around Manholes Extend Culvert 5' Adjust Manhole Al to Grade 18" Culvert at Station 7 +50 Incidental Items in Eby Creek' Road Total C —� 2,500.00 4,900.00 470.00 300.00 750.00 150.00 300.00 100.00 SO -00 250.00 500.00 250.00 100.00 1,050.00 11,820.00 Note: Incidental items includes lowering stop sign, hazard markers on guardrail, guardrail additional reflectors and hales drilled in stop sign past. The cost. of $11,820 needs to replace the previous cost of $11,370.00. The total collateral required for Bby Creek Mesa Subdivision, Phase 1 would be $94,815.10 + 11,820.00 = 105,635.20. EXHIBIT C TOTAL P. C1