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HomeMy WebLinkAboutR07-008 West Lake Creek Drive Final Release Commissioner of the follow in EAGLE COUNTY, CO TEAK J SIMONTON Pgs: 4 02:22:44PM r.:.2/r.:.1/2r.:.r.:.7 REC: $0.00 DOC: $ "" "" """" 11111111111111111111111111 200702735 moved adoption esoIution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007--.000 FINAL RELEASE OF COLLATERAL AND TERMINA TION OF THE WARRANTY PERIOD FOR CONSTRUCTION IMPROVEMENTS AGREEMENT FOR THE RELOCATION OF WEST LAKE CREEK DRIVE File No. G-00015 ~tV WHEREAS, the County Commissioners of Eagle County, Colorado (hereinafter "Board") entered into a Construction Improvements Agreement dated July 8,2003 (hereinafter "Agreement") with S. Robert Levine ("Owner") as a condition of the construction of the public road improvements for the relocation of West Lake Creek Drive; and WHEREAS, both the Owner and the Engineering Department state that the work required under the Agreement is complete and acceptable and the Engineering Department recommends full release of the collateral and the termination of the Construction Improvements Agreement, see Exhibit "A" attached hereto and incorporated herein by this reference. Based upon recommendations of the County staff, THE BOARD FINDS that the Owner's obligations under the Agreement have been satisfied. WHEREAS, the warranty period required by the Construction Improvements Agreement for the relocation of West Lake Creek Drive has ended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the full and final release of collateral and the termination of the Construction Improvements Agreement for the relocation of West Lake Creek Drive. THAT, this document shall be recorded in the records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for the relocation of West Lake Creek Drive has been successfully completed and that the Owner's obligations under the Agreement are complete. THAT, the cash collateral held by the Treasurer be released and a warrant in the amount of $106,450.32 be issued to the Owner. THAT, Eagle County accepts West Lake Creek Drive for maintenance and inclusion in the Eagle County Road Inventory. MOVED, READ AND ADOPTED by the Board of County J;<:p1missioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ay of January 2007. By: Teak J. Simonton Clerk to the Board of County Commissioners '" OUNTY OF EAGLE, STATE OF LO 0, By and Through Its OUNTY COMMISSIONERS .., Peter F. Runyon Commissioner By: dua 9~ Sara J. Fisher Commissioner Commissioner ~~ seconded adoption of the foregoing resolution. having been called, the vote was as follows: The roll Commissioner Menconi Commissioner Runyon Commissioner Fisher This Resolution passed by :3/ {; sioners of the County of Eagle, State of Colorado. vote of the Board of County Commis- G:VKS\resolutions\fmal release lake creek. DOC File G- 2004-15 MEMORANDUM EAGLECOUNTYENGThffiE~NG TO: Janice Scofield Eagle County Attorney's Office ~ FROM: Mike Gruber Engineering Department j!1/i/& DATE: January 17,2007 RE: File No. G-00015, Construction Improvements Agreement, Relocation of West Lake Creek Drive Authorization of the Final Collateral Release, Termination of the Warranty Period and the Construction Improvements Agreement Mountain Construction & Management Co., LLC, the construction manager for the owner, submitted a request for an inspection, reduction of the collateral, and the start of the warranty period in a letter to Mike Gruber, Eagle County Engineering Department dated September 3, 2004. The construction was completed on September 8, 2004. The warranty was not started at this time pending the submittal of acceptable as-built drawings required by the Construction Improvements Agreement. In January 2007, acceptable as-built drawings were finalized and recorded in the Survey Plat file of the Eagle County Engineering Department. Inspections were conducted at various times after the September 8, 2004 date and indicate the improvements are complete, have survived the two-year warranty period and are acceptable per the terms and conditions of the Construction Improvements Agreement. I recommend termination of the Agreement and release of the remaining collateral in the amount of $106,450.32 used to secure the Construction Improvements Agreement. These improvements entail the construction for the realignment of a County road. County maintenance has been ongoing and shall remain in effect for this road. # # # pc: Greg Schroeder, Acting County Engineer Chrono/File COLLATERAL RELEASE SUMMARY West lake Creek Drive Relocation Final Release of Collateral January, 2007 COMPLETED FIRST RELEASE COMPLETED FINAL RELEASE ORIGINAL AMOUNT ITEM DESCRIPTION COLLATERAL % AMOUNT % AMOUNT REMAINING 1 Tree Removal & Grub $9,450.00 100% $9,450.00 $0.00 $0.00 2 Toosoil Removal/Stockoile $23,082.50 100% $23,082.50 $0.00 $0.00 3 Culvert Installation $5,493.50 100% $5,493.50 $0.00 $0.00 4 Create Access/Haul Road into Meadow $3,650.00 100% $3,650.00 $0.00 $0.00 5 Build New Road, Improve Ridoe Road & Reveoetation $150,325.00 75% $112,743.75 25% $37,581.25 $0.00 6 Final Grade & Drainaoe $12,800.00 0% $0.00 100% $12,800.00 $0.00 7 Ridae Road Culvert Installation $3,027.00 100% $3,027.00 $0.00 $0.00 8 Lower Lake Creek Road to Match New $19,300.00 100% $19,300.00 $0.00 $0.00 9 Geo-mat Road $8,950.00 100% $8,950.00 $0.00 $0.00 10 Tonsoil all new Roadwavs $36,500.00 100% $36,500.00 $0.00 $0.00 11 Road base Entire New Roadway $77,760.00 90% $69,984.00 10% $7,776.00 $0.00 12 Guardrail $38,000.00 100% $38,000.00 $0.00 $0.00 13 Reclaim Existing West Lake Creek Drive $25,000.00 75% $18,750.00 25% $6,250.00 $0.00 14 Qualitv Control $22,000.00 75% $16,500.00 25% $5,500.00 $0.00 Total West lake Creek Drive Relocation $435,338.00 $365,430.75 $69,90725 $0.00 IMPROVEMENTS COMPLETED $435,338.00 10% RETAINAGE $43,533.80 FIRST RELEASE $328,887.68 FINAL RELEASE $106,450.32 ORIGINAL COLLATERAL $435,338.00 FIRST RELEASE $328,887.68 FINAL RELEASE $106,450.32 REMAINING COLLATERAL $0.00