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Home My WebLink AboutR21-038 2nd Final Collateral Release for Public Improvments - Red Bluffs Way Eagle County, CO 202205999 DocuSign Envelope ID 5A8784DE-13B3-4460-9DA2-598C84B996FC Regina O'Brien 04/06/2022 Pgs: 5 12:01:56 PM REC: $0.00 DOC: $0.00 McQueeney Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2021 - 038 RESOLUTION APPROVING FINAL RELEASE OF COLLATERAL AND TERMINATION OF WARRANTY PERIOD FOR RED BLUFFS WAY- FROST CREEK& SALT CREEK PUD File No. PDF-7073 WHEREAS, pursuant to C.R.S. § 30-28-137, the County of Eagle, State of Colorado (the "County") entered into a Subdivision and Off-Site Improvement Agreement dated December 12, 2018 (the"SIA")with BCP-ARR Houses& Lots LLC, a Colorado limited liability company (hereinafter"Subdivider") for Red Bluffs Way which is part of the Frost Creek& Salt Creek Planned Unit Development("Red Bluffs Way"); and WHEREAS, Subdivider provided collateral in the form of a letter of credit in the amount of$370,622.70, of which $368,372.70 represents 100%of the estimated cost of the Subdivision Improvements and $2,250.00 represents a 25%contingency for the estimated cost of the Landscape Improvements associated with Red Bluffs Way; and WHEREAS, pursuant to Eagle County Consent No. 2018-04, the Board of County Commissioners("Board")authorized a first partial release of collateral in the amount of $331,535.43,thereby reducing the required collateral to$39,087.27; and WHEREAS, pursuant to Consent No. 2018 -04,the two-year warranty period under the SIA was commenced as of October 11, 2018, for the Subdivision Improvements and landscape improvements associated with Red Bluffs Way; and, WHEREAS, Subdivider has represented to the County that the Subdivision Improvements and landscape required under the SIA have been completed and have survived the warranty period, and the Subdivider has applied for a final release of collateral; and WHEREAS, based upon the written recommendation of the County Engineer as set forth in Exhibit A attached hereto and incorporated herein, the work required under the SIA is complete, has survived the warranty period and is acceptable per the terms and conditions of the DocuSign Envelope ID 5A8784DE-13B3-4460-9DA2-598C84B996FC SIA, and the Engineering Department recommends full release of the collateral and the termination of the SIA. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based on the recommendation of the County Engineer and the County Attorney, the Board finds that the Subdivider' s obligations under the SIA have been satisfied and hereby authorizes the final release of the $39,087.27 being held by the County as collateral. THAT,this Resolution shall be recorded in the records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for Red Bluffs Way has been successfully completed and that the Subdivider' s obligations under the SIA are complete. THE BOARD further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 22nd day of July 2021. COUNTY OF EAGLE, STATE OF ,of EAGie COLORADO, By and Through Its °a BOARD OF COUNTY COMMISSIONERS ATTEST: \,--DocuSigned by: \ IORAO' —DocuSigned by: (t't�vtwt, \\\ By: Iluf{ S.ctu.. v Clerk to theiitoard2ef.6440 mdttselyefyt8E0473 County Commissioners CotrfMitiliffissioners Chair JeannERV1`c' i9` i4ey Commissioner Absent Kathy Chandler-Henry Commissioner Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Absent This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado DocuSign Envelope ID:5A8784DE-13B3-4460-9DA2-598C84B996FC MEMORANDUM EAGLE COUNTY ENGINEERING TO:Andrew Owen, Eagle County Attorney's Office FROM: Rickie Davies, Engineering Department DATE: June 7, 2021 RE: Subdivision Improvements Agreement, Red Bluffs Way-Frost Creek&Salt Creek PUD, Eagle County File No. PDF-7073-Authorization of the Second and Final Collateral Release A request for final collateral release for the construction of the Subdivision and Off-Site Improvements Agreement (SIA) for Red Bluffs Way — Frost Creek & Salt Creek PUD was received from Matt Shoulders, Frost Creek Facilities Manager, on May 21, 2021. The original amount from the signed SIA was: Public Improvements $368,372.70 Landscape Contingency $2.250.00 Total Collateral Amount =$370,622.70 The first collateral release was completed on November 6, 2018 in the amount of $331,535.43 which left a balance of$39,087.27 collateral remaining,the amount of 10%of Public Improvements and the Landscape Contingency. The amount was retained for 2 years from the date of inspection. The Eagle County Engineering Department performed an inspection confirming the work has passed the warranty period on June 3, 2021. The Eagle County Engineering Department recommends the release of the remaining collateral in the amount$39,087.27. # # # cc: Ben Gerdes, County Engineer Beth Oliver, Deputy County Attorney Andrew Owen, Executive Legal Assistant Matt Shoulders, Frost Creek Facilities Manager Attachment: Engineer's Opinion of Probable Construction Cost, Site Photos DocuSign Envelope ID:5A87840E-13B3-4460-9DA2-598C84B996FC JWJVA,Incorporated Job Name.Red Bluffs Lane :',.s.' 817 Colorado Ave,Suite 301 Job Number:2476.7c Glenwood Springs,CO 81601 Date:09/08/2017 consoi nnc En"eees Ph: 970,404.3100 BY:RMM Opinion of Probable Costs for RED BLUFFS LANE PUBLIC IMPROVEMENTS FROST CREEK,EAGLE COUNTY,CO Quantity Units Unit Cost Total General Sitework Mobilization/Demobilization 1 LS $7,500,00 $7,500.00 Construction Staking 1 LS $11.500.00 $11,500.00 Clearing and Grubbing 1 LS $3,000.00 $3,000.00 Demo Existing Asphalt 10,100 SF $0.85 $8,585.00 T-Patch-Asphalt 20 LF $6.00 $120.00 Sawcut-Asphalt 20 LF $5.00 $100.00 Demo Pavement Subgrade -8"depth assumed 290 CY $8.00 $2,320.00 Strip topsoil(12") 555 CY $10.00 $5,550,00 Embankment-Roadway 380 CY $8.00 $3,040.00 Import Structural Fill(1/2 Round Trip-No Purchase) 380 CY $8.00 $3,040.00 Roadway Subgrade 1,167 SY $3.50 $4,084.50 Finish Grading Roadway 3.000 SF $0.52 $1,560.00 Topsoil Placement-Roadway 150 CY $8.00 $1,200.00 Topsoil Export RW 1,380 CY $8.00 $11,040.00 Reveg 2 AC $4,500.00 $9,000.00 Traffic Control 1 LS $1,000.00 $1,000.00 General Sitework Subtotal 572,639.50 Pavements Road Base-8"(ABC COOT Class 6) 880 TONS $37.50 $33,000.00 Asphalt Paving-4" 230 TONS $132.00 $30,360.00 Pavements Subtotal $63,360.00 Utility-Water Demo Existing Water Main 140 LF $40.00 $5,600.00 Tie to existing water main 1 EA $1,000.00 $1,000.00 Water Line-8"DIP 936 LF $85.00 $79,560.00 Tracer Wire 936 LF $0.20 $187.20 Bend-8"(less than 90 degrees) 3 EA $450.00 $1,350.00 Gate Valves 2 EA $1,850.00 $3,700.00 Fire Hydrant Assembly 2 EA $6,250.00 $12,500.00 1"water service w/curbstop in Existing Asphalt 220 LF $85.00 $18,700.00 1"water service w/curbstop in New Asphalt 300 LF $85,00 $25,500.00 Asphalt Patching for Water Service in Existing Asphalt 800 SF $5.00 $4,000.00 Utility-Water Subtotal 5152,097.20 Utility-Gas,Telephone,Electric Remove Existing Gas Line 300 LF $16.00 $4,800.00 Remove Existing Communication Conduit 300 LF $16.00 $4,800.00 Remove Existing Electrical Conduit 300 LF $16.00 $4,800.00 Gas Main/Service Trenching 916 LF $25.00 $22,900.00 Joint Shallow Utility Trenching 916 LF $25.00 $22,900.00 Install Holy Cross Electric Supplied 4"Conduit 1,832 LF $1.50 $2,748.00 Supply&Install 4"Conduit for Phone&CAN 1,832 LF $4.00 $7,328.00 Supply&Install Communication Vault 1 EA $4,500.00 $4,500.00 Install Holy Cross Supplied Splice Vault 1 EA $1,500.00 $1,500.00 Utility-Sanitary Sewer Subtotal 576,276.00 Erosion Control Erosion Control 1 LS $2,000.00 $2,000.00 Stabilized Construction Entrance 1 EA $2,000.00 $2,000.00 Erosion Control Subtotal $4,000.00 Subtotal 5368,372.70 Additional Landscape Contingency(25%Reveg) $2,250.00 ESTIMATED PROJECT TOTAL 5370,622.70 Engineer's opinions of probable Construction Cost provided for herein are to made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an expenenced and qualified professional generally familiar with the industry However.since the Engineer has no control over the cost of labor,equipment,or services furnished by others,or over the Contractor's methods of determining prices,or over competitive bidding or market conditions,Engineer cannot and does not guarantee that proposals.bids,or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. Actual required quantities will vary from this estimate. Owner/Contractor to verify at required quantities and other estimate items,permits,fees,etc not included above that may be specified in the Construction documents. If Owner wishes to greater assurance as to probable Construction Cost.Owner shall employ an DocuSign Envelope ID 5A8784DE-13B3-4460-9DA2-598C84B996FC 1st Collateral Inspection: November 6, 2018 s, e 4,4;. v ,,; 1 ''� V tr z J fit^ r , P Final Collateral Inspection: June 3, 2021 r. v l',41 i ,,, 'P'.; ,';. ,: 4,,,,,,,, ,„, ,,,,,..,, , .. ..,,t_ .., .. 1 ,, - 4,t4i .-'w Yi 'd gay, _aw 1 Ou '"