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BRUSH CREEK ROAD REVISION AGREEMENT
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THIS AGREEHfENT, made and entered into this day of
�� , 1979, by and between SENEDICT LAND AND CATTLE COt�iPANY,
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a Colorado Corporation (hereafter referred to as Benedict Co.) ,
THE SNOt4MASS COMPANY LTD, a Colorado limited partnership
(hereafter referred to as Snowmass Co.), THE TOWN OF SNOIJMASS -
� VILLAGE, a Colorado statutory town (hereafter referred to as
Villaqe) and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, '_'� •
COLORADO (hereafter referred to as County) .
W I T N E S S E T H:
WHEREAS, all parties have recognized the need for major �'�
improvements to a portion of Brush Creek Road identified as
the section between the Wood" Road/Brush Creek Intersection and
� the Owl Creek/Srush Creek intersection; and
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V7I�EREAS, all parties have agreed to share in the cost ';
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and/or construction of said improvements; and
WHEREAS, all parties are ready, willing and able to ���
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� enter into such agreements; and ;>�
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;; WHEREAS, this agreement is intended to satisfy the _
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obligation of the parties contained in the Board of County
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Commissioners resolution �77-8 (more specifically in Exhibit
_ ,:; B to said resolution) , and the expenditures of monies by Pitkin
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County is authorized by CRS 1973, section 31-2-108.
NOW, THEREFORE, in consideration of the mutual covenants ��
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herein contained, the parties agree as follows:
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-' 1. SHARE COST ARRANGEMEP7TS r�
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};; The Snowmass Co, agrees to a cash.contribution of up to `�`
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$150;000 with the Benedict Co. to provide $1.00 cash for every �'
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:�`: $2.00 provided by Snowmass and Pitkin County will provide
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- $I5,000 in cash. The Village agxees to pick up all cash costs '
;�; in excess of the $290,000 committed for hy the other three
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_� parties. All contributions made by the Snowmass Co. will be
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�^ credited against the company's capital contribution commitment
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;� to the Village, as evidenced in Sno4nnass Village Ordinance #17, �
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�`' Series of 1978 part II(c) . The final cash contributions made i
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5"`��,-�, by ;�v�rass�-E�-.--a�Benedict Co. will be based on the £ormula `
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W; / mentioned in Snowmass Villaqe Planning and Zoning Commission
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Resolution regarding Snowmass Village North Subdivision, paragraph
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15, dated 4/10/78. The County will not be a party in the
determination of said formula.
In addition to the cash outlays, the Snowmass Co. and
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the Benedict Co. will have available to the County sufficient
fill material (furnished at no cost or in-kind credit) (on a 2 �i
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� to 1 Snocamass Co. to Benedict Co. ratio:) located at various
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stockpiles within the Snowmass Village area. :'�i ,
The County will provide the equipment and manpower in
sufficient quantity for the excavation, and loading, haulinc� and "
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shaping of the road foundation, incZuding subgrade, subbase ;
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and base courses, and for the installation of all drainage �;:,
� improvements and miscellaneous items listed in Exhibit "A", `;
within the a13.otted time schedule, (described hereafter) , which >���
� shall be limited to the following pieces of equipment:
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, a. 1-Caterpillar D-6 bulldozer _
b. 5-Mack dump trucks •'v
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c. 2-Oshcosh trucks �?
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d. 3-Caterpillar road graders �r
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t f. 1-John Deere bulldozer/baakhoe attachment
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g. 1-Loader (only when two loaders are needed) ;�
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`-� All equipment shall be subject to the availability of manpower �
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and in the event of breakdown the County will assume no
'� liability to replace said equipment with rental equipment. ; :`
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�3 The Village will provide a loader and a minimum of two �
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laborers as needed. A maximum of four laborers will be provided :.
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��• by the ViZlage subject to manpower limitations. �
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�t; All rental equipment needed for construction will be
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xi considered a part of the cash outlay. r
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�` 2. CONSTRUCTION MANAGEMENT
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^� The County Engineer and Road and Bridge Director shall
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be designated as co-construction managers for the project and !
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will have ultimate authority over: a
a. The scheduling of crews and eguipment �
b. All ourchasing of materials used for the project �
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-;� A private engineer will be hired for the project to be =
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.::"� responsible far: �
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a. All field survey work
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b'. All staking
c. Establishing final grade
d. Additional engineering as needed and authorized h
e. Construction management as authorized by the co-
construction managers `?
The Gounty Finance Department will be responsible for the
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�, project accounting. 1 •
� Any design changes are to be decided on by a committee -
made up of one designated representative from each party prior t
to the commencement of the affected portion of wozk. ;z
3. CASH FLOLV
The cash flow process will be handled as follows: -
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+ a. A purchase order made out to Pitkin County, will be ;4
issued by Snowmass and the Benedict Co., totalling the "
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amount of materials or services to be ordered, (at the ��
2 to 1 ratio aforementioned) , prior to the materials �
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� or services being ordered.
, � b. Upon receipt of the invoice for the materials or �
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_. services ordered the County will pay the vendor and y
`; invoice Snowmass and the Benedict Co, �
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c, The County's invoice to Snowmass and Benedict Co. will 4
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!- be payable within 30 days from the invoice date or a �
`� 1�� per month interest rate shall be charged. �
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� d. The County's $15,000 will be contributed at the end ;
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� of the project (applied to the asphalt payment)and �
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=a during the project will be used to offset cash flow �
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�'+at' demands. f
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� e. Snowmass and Benedict Co. may be asked to issue one }
� purchase order each to cover several vendors by the �
County Engineer or the County Road and Bridge Director '
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to assist in the project accounting for all parties ;,
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r involved, providinq the combined total of the purchase �
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orders does not exceed $3,000. f
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f. All materials, which have been purchased and received
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at the time ot the County's construction commencement, ;
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must be paid for by Snowmass Co. and Benedict Co, before t
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the County will begin construction. Asphalt material
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will be received after the County construction
begins. Road base and subbase material may be purchased
prior to the beginning of construction if a significant
price break can be achieved.
g. All contracted services and/or purchases must have a
- purchase order issued to Pitkin County by Snowmass and
Benedict Co. nrior to the beginning of construction. •
. 4. GENERAL PROVISIONS
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a. The asphalt contractor will be responsible for final
base preparations.
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� b. The paving mat will be two inches. _
� c. Construction that will not interfere with traffic will
begin as soon as feasible. Construction that will %;r_
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interfere with traffic will begin on or about August :;�
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lst and be completed on or about October lst, 1979. ;";�
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At all times, at least one lane of traffic or an �
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alternate route will be maintained for through traffic_ `�`
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d. Upon completion of the project the ownership of the tf
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' road and the road right of way will revert back to the *F
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Village. Also, County, Benedict Co. and Snowmass Co. :�
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� will have no further obligation 5or the operation or
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maintenance of the road. t�
5. LIABILITY '`
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Each party agrees to indemnify and hold harmless all other � �
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parties from claims, for damage or injury, for the actions of �
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the party, its employees or agents pursuant to this agreement;
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except when the injury or loss results from the negligence of �
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the agents or employees of other parties of the agreement. :f
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This contract shall be considered complete upon all payments �
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for the project being received by Pitkin County, and construction -
is complete. �
6. EXHIBITS �
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` The following exhibi.ts attached hereto are incorporated j
by this reference and become a part hereof as if they were �
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spelled out in their entirety. 4
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a. Final cost estimates �
b. Final project design ��(,e af�j���J�A7l�l�/l�L'�a`�'/ �
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� IN WITNESS of this agreement, the parties have set their
hands this � day of �__�, 1979.
BOARD OF COMMISSIONERS
ATTEST: PITKIN COUNTY COLORADO t
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L etta Banner Jo Fi: w r , r. '
County Clerk airm �
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ATTEST: BENEDICT LAND AND CATTLE CO. �
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By:
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ATTEST: SNOCVMASS COMPANY LTD. �
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i ATTEST: SNOZaMASS VILLAGE
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( 11�'t�� ��'�.r�.�i!� By�
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APPROVED AS TO FORM: APPROVED AS TO BUDGET:
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c� s�_���l� By: �-�tm- �L.� �
andra M. Stuller Thomas C. Oken �
• County Attorney Finance Director
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ATTE3T: CREATZVE MOUNTAIN DEVELOPMENT C0. �
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� EXHIBIT nAn
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BRUSH CREEY. ROAD
RFVISED ESTIMATE OF OUT OF POCKET CASH f!T
Prepared by Pat Dobie Feb. 8, 1979
Revised by Bob Longfellow March 9, 1979 '-
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_ EARTHWORY. '
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Compacti.on $(12,738.00) '•;
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SIIRFACING '�
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Base • 27,678.00 '_�
Placement 20,758.00 =�
Transportation (Not Required) 0.00 �E
2" Mat ... . .35,790.00 ��
. (84,226.00) ' ;�
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DRAINAGE ' y
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63" X 98" rliptical Reinforced Concrete Pipe �
274 L.k'. C� $146 40,004,00
� 6 Headwalls @ $1,200 7,200,00 u
4 Headwalls @ $600 2,400.00 �
Equipment £�ental SS @ 50 4,400,00
Bridge @ . . . . . 4�,000.00
(Salvaging & Relaying 15, 24, &
42" included in County Labor) $(58,004.00j
MISCELLANEOUS �
A.) Manholes (9) 50L.F. @ $46 2,300,00
B.) Hydrants (2) $600 each 3.,200.00
: � C.) Valves {5) $72 360.00 ,
D.) Gas (No Materials) O.GO �
E.) Power (1) 3,000.00
F.) Telephone 1,000.00 �
G.) Signs, Barricades, etc (Couni:y) ;
H.) Rev�gitation (County) ;
. ( 7.860.00) i .
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ENGINEERING $(28,500.00) �
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CONTINGENCIES 10$ $(19,132.00) � ,
$210,460.00 + LABOR
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