HomeMy WebLinkAbout810148.tiff RESOLUTION
RE : HEARING DATE FOR ELMORE ROAD IMPROVEMENT DISTRICT SET
FOR OCTOBER 14 , 1981
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, in a public meeting held the 2nd day of September,
1981, accepted a petition from residents of Elmore Road, to
create a local improvement district within the county, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, directed the Weld County Engineer to prepare plans,
specifications, cost estimates, and take bids, and
WHEREAS, the Board of County Commissioners has set the
public hearing for October 14, 1981 at 7 : 00 p.m. to be held at
Sekich Equipment Company Restaurant, located on I-25 and
Colorado Highway 66 , to consider the improvement district,
pursuant to said September 2, 1981 Resolution declaring the
intention of the Board of County Commissioners to create a
local improvement district, and
WHEREAS, the Board of County Commissioners will hear the
testimony of the owners of real property to be assessed for the
improvements and shall make a determination therefrom.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the public hearing
to consider said improvement district will be held on October 14 ,
1981 at 7 : 00 p.m. at Sekich Equipment Company Restaurant, located
on I-25 and Colorado Highway 66.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 8th
day of September, A.D. , 1981.
n `1-�j z BOARD OF COUNTY COMMISSIONERS
ATTEST: a ' f / O71,..v. Q.'
i Cf; Qtri WELD COUNTY, COLORADO
ABSENT DATE PRESENTED (Aye)
Weld County lerk and Recorder Chuck Carlson, Chairman m
anClerk to the Board ABSENT d
Norman Carlson, Pro-Tem
h ^�c.C
B" _P ,U� (0-tool /�/ ;(:/ (Aye) .4
DeputyCC"sa ty Cler C W. 'Kirby/
c AP OVED AS TO FORM. , , ,r. ' (Aye)
vim.. Jr"). Mar;,,_ �JCi<i1
County Attorney lI �ii ` (Aye) i
2 e K. Steinmark
•
A public hearing was conducted on October 14, , 1981 at
7 : 00 P. M. , with the following present:
CHUCK CARLSON CHAIRMAN
NORMAN CARLSON PRO TEM , Excused
BILL KIRBY COMMISSIONER
JOHN MARTIN COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY
ASSISTANT COUNTY ATTORNEY, RUSSELL ANSON
₹3zridti3�₹� DE_PART.ItEtti ltEPRESE3d`SYr'P₹V-E-, ENGINEER, WAYNE SMYTH & DREW SCHELTIN(
FINANCE DIRECTOR, DONALD WARDEN
The following business was transacted:
I hereby certify that pursuant to a notice dated September 8, 1981, duly
published September 10, 1981 in the Johnstown Breeze, a public hearing was held
pursuant to the Board's acceptance of a petition from residents of Elmore Road. The
Board on September 2, 1981, declared their intentions to create a local improvement
district within the County and directed the Weld County Engineer to prepare plans,
specifications, cost estimates, and take bids for same. The County Engineer opened
the hearing by reviewing the plans for said road and it's cost. He reviewed the
frontage feet [or each property owner and the estimated assessment if the Board
establishes the local improvement district. Drew Scheltinga commented on Frontier
Materials low bid of $27,144.00, the 6% administrative charge $16,28.64, and the
grand total $28,772.64. Mr. Warden explained the estimated annual cost to the
residents over five years, eight years, ten years, fifteen years and twenty years.
He added that no finance charges will be made on full payment of assessment within
thirty days after the assessing resolution. The final assessment and interest rate
will be determined at the assessing hearing after construction is completed and final
cost is determined. The Chairman asked for participation from the residents of Elmore
Road. Several of the residents affirmed their support for the establishment of the
local improvement district. Commissioner Kirby suggested that the residents approve
the twenty year option pay back. Because, in his opinion, they don't have anything
to loose and if they wish they can pay the assessment anytime prior to the twenty
year term. The resident's drainage plan was discussed. The County Engineer suggested
that his office assist with the figuring of the drainage. All the citizens present
agreed with the twenty year pay back assessment. The speed limit on Elmore road
was discussed, it was a consensus of the residents that the speed limit be set at no
more than twenty-five miles per hour, and further that a sign be set stating dead end
road. There was no one present that opposed the establishment of the local improvement
district. The Chairman announced that on the Board's agenda for October 19, 1981
they would consider the establishment of the local improvement district and the speed
and dead end signing. The Chairman adjourned the meeting at 8:30 P. M.
CH RMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST:
WELD COUNTY CLERK AND RECORDER
AND ERK TO THE BOARD
Y: cir
uty County Cl rk
i
DOCKET#
TAPE# 81-71
LHR Seemore Heights Subdivision 256-800
R & B: Streets 534
NOTICE
A petition requesting the formation of an improvement district to
pave one-half mile of Elmore Road in Seemore Heights Subdivision,
Section 30, Township 3 North, Range 68 West of the 6th P. M. ,
Weld County, Colorado, has been received by the Board of Weld
County Commissioners. The Board declared its intention to form such
an improvement district and has set a public hearing to be held at
the Sekich Equipment Company Restaurant, located at I-25 and Colorado
Highway 66, at 7 : 00 P. M. , Wednesday, October 14 , 1981.
PROPOSED IMPROVEMENTS INCLUDE:
Addition of gravel to existing road base and paving one-half mile
of Elmore Road with two inches of asphalt. Adjacent property owners
will be responsible for providing adequate drainage including culvert
in front of their property, and making any adjustments to, or paving
their own driveways. The cost of the project is estimated at
$45, 000. 00 The individual cost for the property owner is estimated
between $8. 00 and $10. 00 per lineal frontage foot.
Under a local improvement district, the State Law provides that the
property owners re-pay the County as determined by the Board of
Commissioners. Property owners may re-pay the County their assess-
ment in full within thirty (30) days or in five (5) deferred annual
installments, at an interest rate equivalent to the AAA Municipal
Bond Rate prevailing on the date that the Board approves construction
It is estimated that the interest rate shall not exceed 13% per annum
A map, cost estimate, schedule showing the approximate amounts to
be assess, all resolutions and proceedings, are on file and may be
examined at the Office of the County Engineer, Room #301, 915 10th
Street, Greeley, Colorado between 8 : 00 A. M. and 5: 00 P. M. Comments
by the owners of any real estate to be assessed, will be heard by
the Board of County Commissioners before final action is taken thereo:
Consideration of a resolution authorizing the aforementioned improve-
ments is scheduled for October 19 , 1981.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Keitha White, Deputy
DATED: September 8 , 1981
PUBLISHED: September 10, 1981 in the Johnstown Breeze
• •
ELMORE ROAD IMPROVEMENT DISTRICT
OWNER BLOCK LOT FRONTAGE ESTIMATED ASSESSMENT
*Eckenrode 2 1 180' $ 1,049.84
*Walston 2 2 180' 1,049.84
Brugh 2 3 180' 1,049.84
*Blair 2 4 180' 1,049.84
Finley 2 5 180' 1,049.84
*Pietrangelo 2 6 180' 1,049.84
*Nelson 2 7 180' 1,049.84
Pilkington 3 1 180' 1,049.84
*Eckert 3 2 180' 1,049.84
*Aynes 3 3 180' 1,049.84
Bekkela 3 4 180' 1,049.84
*Winterscheidt 3 5 180' 1,049.84
Williams 3 6 294.70' 1,718.82
*Bergland T 1 700' 4,082.71
*Pace T 2 132' 769.88
*Rhodes T 3 132' 769.88
*Carlson T 4 132' 769.88
*Kaster T 5 132' 769.88
Leiker T 6 132' 769.88
*Grccnwalt T 7 132' 769.88
Minister 1 1 140' 816.54
*Miles, Ashby 1 2 140' 816.54
*Ayres 1 3 140' 816.54
*Bailey 1 4 140' 816.54
*Horsman 1 5 140' 816.54
*Crouch 1 6 140' 816.54
Kruse 1 7 146.51' 854.51
LVTALS 4,933.21' $ 28,772.64
*Property owners that signed petition.
• •
ELMORE ROAD IMPROVEMENT DISTRICT
Estimated Assessment Tabulation:
Frontier Materials Bid $ 27 , 144 . 00
6% Administrative Charge $ 1, 628 . 64
TOTAL $ 28x772 . 64
Frontage Assessment:
$ 28 , 772 . 64 Total Cost $5 . 832/Foot
4 , 993 . 21 Total Lot Frontage
Percentage of Frontage Petitioned:
3, 500 . 00 Frontage Petitioned = 710
4 , 933 . 21 Total Lot Frontage
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• DEPARTMENT OF ENGINEERIF
PHONE 1303) 356-0000 EXT.4
P.O.BOX 3
GREELEY,COLORADO 80E
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•
COLORADO
May 11, 1981 /
Mr. Phil Bryson
Attorney-At-Law
601 Third Avenue
Longmont, Colorado 80501
Dear Phil :
After your recent call I inspected Elmore Road to see what potential it
might have for paving under an improvement district. It does appear
that this road could be paved without too much difficulty. The drainage
along the side is fairly well established and I believe that if base
course and pavement where put on the existing road, the land owners them-
selves could handle any adjustments necessary to their driveways and
culverts. We would probably specify a 15 inch arch culvert to be used
under the driveways, since that is the minimum size that the County will
agree to maintain.
The road itself appears to be about 2400 feet long and we would probably
put base course to a width of 24 feet and pavement to a width of 20 feet,
making this a little narrower than normal , but I don't think this would
be any problem. I have calculated that 6 inches of base course (compacted
crushed rock) would require 1700 tons at $10.00 per ton in place for a
total of $17,000.00. In addition, a two inch asphalt mat over the base
course would take 600 tons at $35.00 per ton in place for a total of
$21,000.00. There might be some additional costs for drainage and there
would be some administrative, engineering and inspection costs that the
County would incur, which would have to be added to the total cost. For
planning purposes, I would think that the total cost would not exceed
$48,000.00. If you divide $48,000.00 by the total of 4800 lineal feet of
frontage, this would come to approximately $10.00 a lineal foot for plan-
ning purposes. For example, of someone had a 120 foot frontage, his share
would be approximately $1200.00.
You will find enclosed some material for your use in studying this improve-
ment district. Briefly the process is as follows :
The majority of the frontage owners of the property along the road to be
improved would petition the Board of Commissioners on the form I have
enclosed. If the Board of Commissioners agrees, they will pass a resol-
ution declaring their intention to form an improvement district. They
would direct the Engineering Department to prepare an estimate of such
improvements and they would schedule a hearing at which the individual
property owners along Elmore Road would be informed of their estimated
share of the improvement district. If the property owners still wish to
Mr. Phil Bryson• •
May 11, 1981
Page 2
proceed with the improvement district, the Board would direct the Engineering
Department to let out bids for the work and have the work accomplished as
soon as possible. After the work is completed, a second hearing would be
scheduled by the Commissioners to assess the individual property owners
their proportionate share of the project. The individual shares would be
based on the actual costs incurred in the construction, which by then would
be known. A re-payment schedule would be set-up for the members of the
improvement district to pay off the cost of the construction. Lot owners
could pay it off in a lump sum or it could be spread over a period of 10
years, for example, which would be financed at the prevailing market interest
rate, which would be about 12% at this time. The project would be financed
by bonds.
Referring to the road petition enclosed, it would be necessary for a majority
of the property owners, in terms of frontage, to sign the petition before
the Board would consider forming an improvement district. As a matter of
practicality, I believe that our Board of Commissioners will be looking
for a substantial majority of the property owners along Elmore Road.
If you have any questions about this, please contact me.
Sincerely,
ayne S. myth
Director of Engineering
WSS:sd
Enclosures
cc: Commissioner Bill Kirby
Commissioner June Steinmark
Director of Finance
Weld County Attorney
Clerk to the Board
Elmore Road File
n«v
IU JUL13 1981
PETITION FOR LOCAL IMPROVEMENT DISTRICT GREELEY. COLO.
TO PAVE ELMORE ROAD
TO: BOARD OF COUNTY COMMISSIONERS DATE:
WELD COUNTY, COLORADO
P. 0. BOX 758
GREELEY, COLORADO 80632
FROM: DAVID B. PIETRANGELO TELEPHONE 41 772-3961
PETITION CIRCULATOR AREA CODE # 303
13801 ELMORE ROAD
LONGMONT, COLORADO 80501
(WELD COUNTY)
We, the undersigned, Citizens of Weld County who are owners of record of
real property fronting upon Elmore Road, situated in Weld County as depicted
on the attached sheet, do hereby Petition the Honorable Board of County
Commissioners of the County of Weld, State of Colorado, for the formation
of a local improvement district in the geographic area depicted for the
purpose of paving said Elmore Road along the approximately 2400 foot length.
The undersigned petitioners, in subscribing our names to request the
foregoing action, acknowledge and understand that such paving project
contemplated herein would require grading and the addition of at least 6
inches of base course to Elmore Road to a width of 24 feet, together with
the laying and rolling of a 2 inch asphalt mat to a width of 20 feet along
the length of the said Elmore Road, for a cost per front foot of approximately
$10.00. Because our parcels of real estate fronting Elmore Street are
regular in configuration, having 180 front feet per lot, we would further
petition the Honorable Board of County Commissioners of Weld County to
allow us to amortize the cost to us of such improvement to Elmore Road
over a period of 20 years in equal annual installments of principal and
interest, to be assessed on a front footage basis. We further understand
and acknowledge that we are to be responsible individually for any grading
or other adjustments to our driveways and culverts necessitated by such
paving project.
The appended diagram depicts the road to be paved which is situated in
Section 30, Township 3 North, Range t19 West of the 6th P.M. , all in Weld
County, State of Colorado.
• •
36 31 32 '.. 33 34 : 37, 36 31
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SECTION 30 TOWNSHIP 3 North RANGE 68 West
As witness our signatures hereunto annexed, and followed by a description of our
land this day of , 19 .
SIGNATURES PROPERTY OWNED
ADDRESS SEC. TP. RANGE
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SECTION 30 TOWNSHIP 3 North RANGE 68 West
As witness our signatures hereunto annexed, and followed by a description of our
land this day of , 19
SIGNATURES PROPERTY OWNED
ADDRESS SEC. TP. RANGE
// 67/1
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ir-•
DEPARTMENT OF ENGINEERINC
PHONE(303)356-4000 EXT. 75'
P.O. BOX 75
GREELEY, COLORADO 8063
C.
COLORADO
September 17, 1981
RE: Notice of Public Hearing on Elmore Road Improvement District
Dear Property Owner:
The Board of County Commissioners for Weld County, Colorado, is in receipt
of a petition signed by a majority of the property owners along Elmore Road.
The Board was petitioned to form an improvement district to pave Elmore
Road from Colorado Highway 66 approximately one-half mile south. On Sept-
ember 2, 1981, the Board passed a resolution declaring its intention to
form an improvement district and directed the Weld County Engineer to prepare
plans, specifications, and take bids for the work.
Under the procedures of the State Law, the Board of County Commissioners
first declares its intention to form an improvement district, takes bids on
the work to be done, holds a first hearing to determine that the property
owners within the improvement district wish to proceed with the project,
has the work done by contract, and finally assesses the property owners their
share of the project based on a front footage cost. The Board determines a
re-payment schedule for owners, who would have an option to re-pay the County
within 30 days or to pay back over a set period of time at prevailing interest
rates. It is anticipated that the pay-back will be in annual installments
over a period of five years. The rate of the interest to be paid on unpaid
and deferred installments shall be determined by the Board of County Commissioners
and set forth in the assessing resolution. It is estimated that the interest
will not exceed 13% per annum.
A formal hearing on the subject is scheduled for Wednesday, October 14, 1981,
at 7:00 P.M. , at the Sekich Equipment Company Restaurant at I-25 and Colorado
66, Longmont, Colorado. Property owners are invited to attend the hearing
for the following purposes:
A. To review the details of the proposed construction project.
B. To be informed of the estimated cost of the project.
C. To be informed of the estimated cost per frontage foot on the
project.
D. To be informed of the alternative methods of paying for the
work.
E. lo have an opportunity to make their views known to the Board of
County Commissioners regarding the desirability of accomplishing
this project.
• • •
September 17, 1981
Page 2
After the hearing, the Commissioners will make a final decision on whether
to proceed with construction. If the project is approved by the Board of
County Commissioners, a contract will be awarded immeidately to pave the
road. After the project is complete and all costs are known, a second
hearing will be scheduled with the property owners on the exact assessment
for each lot.
At the present time, the intent of the Board of County Commissioners is to
add some gravel to the present road base and to pave the road with two inches
of asphalt. The cost of the paving is estimated at $45,000.00 or between
$8.00 to $10.00 per lineal frontage foot.
Under this plan the property owners would be responsible for providing
adequate drainage in the ditches in front of their property, providing
suitable culverts underneath their driveways, making any modifications to
their driveways, or paving their driveways. No changes are contemplated
to the present drainage system along either side of the road, other than
what owners will be required to do to ensure that drainage in front of
their property is adequate. If a contract is awarded to pave Elmore Road,
owners will be afforded an opportunity to have the contractor pave their
driveways, at owner-expense, while the contractor is in the area.
All complaints and objections that may be made, either orally or in writing,
concerning this proposed improvement, by the owners being assessed, will be
heard and determined by the Board of County Commissioners before final action
is taken thereon. Consideration of a resolution authorizing the aforementioned
improvements is scheduled for Monday, October 19, 1981.
Sincerely,
Wayne Smyth
Director of Engineering
WSS:sd
CC: Weld County Commissioners
Clerk to the Board
Drew Scheltinga, Engineering Manager
NOTICE
A petition requesting the formation of an improvement district to
rave one-half mile of Elmore Road in Seemore Heights Subdivision ,
Seorrin 30 , _ owrishio 3 North , -7. 7r EE Wost flf 6-h P. N
Weld County, Colorado, has been received by the Board of Weld
County Commissioners. The Board declared its intention to form such
an improvement district and has set a public hearing to be held at
the Sekich Equipment Company Restaurant, located at I-25 and Coloradc
Highway 66, at 7 : 00 P. M. , Wednesday, October 14 , 1981.
PROPOSED IMPROVEMENTS INCLUDE:
Addition of gravel to existing road base and paving one-half mile
of Elmore Road with two inches of asphalt. Adjacent property owners
will be responsible for providing adequate drainage including culvert
in front of their property, and making any adjustments to, or paving
their own driveways. The cost of the project is estimated at
$45 , 000 . 00 The individual cost for the property owner is estimated
between $8. 00 and $10. 00 per lineal frontage foot.
Under a local improvement district, the State Law provides that the
property owners re-pay the County as determined by the Board of
Commissioners. Property owners may re-pay the County their assess-
ment in full within thirty (30) days or in five (5) deferred annual
installments, at an interest rate equivalent to the AAA Municipal
Bond Rate prevailing on the date that the Board approves construction
It is estimated that the interest rate shall not exceed 13% per annum
A map, cost estimate, schedule showing the approximate amounts to
be assess, all resolutions and proceedings , are on file and may be
examined at the Office of the County Engineer, Room #301 , 915 10th
Street, Greeley, Colorado between 8 : 00 A. M. and 5 : 00 P. M. Comments
by the owners of any real estate to be assessed, will be heard by
the Board of County Commissioners before final action is taken thereo
Consideration of a resolution authorizing the aforementioned improve-
ments is scheduled for October 19 , 1981.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Keitha White, Deputy
DATED: September 8 , 1981
PUBLISHED: September 10, 1981 in the Johnstown Breeze
J J _,
OROPERTY OWNERS ON ELMORE ROAD •
*Charles H. , Jr. and Jane A. Eckenrode *Earl R. Bergland
13975 Elmore Road 0474 Ute Highway
Longmont, Colorado 80501 Longmont, Colorado 80501
*Hallett and Diane Walston *Kemp W. and Carol A. Pace
13941 Elmore Road 13844 Elmore Road
Longmont, Colorado 80501 Longmont, Colorado 80501
Edwin S. and Ocie S. Brugh *David J. Rhodes
Judith A. Tudor *Barbara J. Brewster
Dorothy S. Jennings 13820 Elmore Road
13909 Elmore Road Longmont, Colorado 80501
Longmont, Colorado 80501
*William G. and Evelyn J. Blair *Ray and Charlotte Carlson
13861 Elmore Road 13794 Elmore Road
Longmont, Colorado 80501 Longmont, Colorado 80501
Dixon L. and Barbara N. Finley *Bruce A. and Susan C. Kaster
13835 Wlmore Road 13776 Elmore Road
Longmont, Colorado 80501 Longmont, Colorado 80501
*David B. and Gay E. Pietrangelo *Robert N. and Banetta B. Greenwalt
13801 Elmore Road 13730 Elmore Road
Longmont, Colorado 80501 Longmont, Colorado 80501
*Larry and Carol Nelson Donald W. and Lois M. Minister
13761 Elmore Road 13688 Elmore Road
Longmont, Colorado 80501 Longmont, Colorado 80501
Willard E. and Alice Ann Pilkington Sharon Miles
13715 Elmore Road *Walter B. and Dorothy E. Ashby
Longmont, Colorado 80501 13662 Elmore Road
Longmont, Colorado 80701
*John F. and Carol A. Eckert
13687 Elmore Road *Walter F. and Sharlene M. Ayers
Longmont, Colorado 80501 13632 Elmore Road
Longmont, Colorado 80501
*William D. , Jr. and Jean D. Aynes
13651 Elmore Road *Charles E. and Betty L. Bailey
Longmont, Colorado 80501 13600 Elmore Road
Longmont, Colorado 80501
Paul R. and Janice Faye Bekkla
13617 Elmore Road *Robert L. and Carolyn L. Crouch
Longmont, Colorado 80501 13550 Elmore Road
Longmont, Colorado 80501
*Larry and Millie Winterscheidt
13581 Elmore Road Andrew J . and Corinne F. Kruse
Longmont, Colorado 80501 3435 West 29th Avenue
Denver, Colorado 80211
Lew D. and Lucille L. Williams
13523 Elmore Road *Guy Braly
Longmont, Colorado 80501 1127 17th Avenue
Leiker Lucia Longmont, Colorado 80501
Route 1, Box 215-A
Longmont, CO 80501 *Dennis W. and Glenda G. Horsman
13580 Elmore Road
*Property owners that signed the petition. Longmont, Colorado 80501
1$19 MEMORAIMU
WilkTo Clerk to the Board Date October 16, 1981
COLORADO From Wayne Smyth, Director of Engineering
Subject: Resolution for Elmore Road Improvement District
Based on the results of the Public Hearing by the Board of Commissioners
on October 14, 1031, with the residents of Elmore Road, it is recommended
that a resolution be prepared and submitted to the Board for approval on
October 19, 1981 for formation of Local Improvement District #1981-1.
The site has been investigated in response to the petition and it has
been determined that a four inch application of Class 6 base course and
a two inch hot bituminous pavement will be adequate to meet the needs of
the residents of Elmore Road. The residents along Elmore Road have
agreed that they will take care of all drainage matters pertaining to
the proposed improvements. In accordance with instructions from the
Board, bids were taken for the construction and the low bid is $27,1.44.00
from Frontier Materials, Inc. A 6% administrative charge brings the
total cost to $28,772.64, to be assessed over a total of 4,993.21 feet
of total lot frontage which computes to a unit cost of $5.83 per frontage
foot.
If this project is approved, a Notice of Award can be made im ediately
to the contractor for construction to start as soon as possible. Attached
herewith are specifications and contract documents for the paving of
Elmore Road.
WSS:sd
SET NO. 7
SPECIFICATIONS
AND CONTRACT DOCUMENTS
FOR
PAVING
OF ELMORE ROAD
WELD COUNTY, COLORADO
•
SEPTEMBER 1981
WELD COUNTY ENGINEER
COLORADO WELD COUNTY
DEPARTMENT OF ENGINEERINI
•
•
TABLE OF CONTENTS
TITLE ARTICLE
GENERAL DOCUMENTS 1
SPECIAL CONDITIONS 2
GENERAL CONDITIONS 3
TECHNICAL PROVISIONS 4
•
•
•
ARTICLE 1
GENERAL DOCUMENTS
Advertisement For Bids
Information For Bidders
Bid
Notice of Award
Agreement
Performance Bond
Payment Bond
• Notice To Proceed
Change Order
Notice Of Contractor ' s Settlement
Final Receipt And Guarantee
•
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ADVERTISEMENT FOR BIDS
•
Weld County , Colorado will receive sealed bids for the following
project :
Paving of Elmore Road frutu State Highway 66 south approximately one-
half mile.
Bids will be recieved by the Purchasing Department in Room 343 , 915
10th Street, Greeley, Colorado until Tuesday , October 6 , 1981,
• at 10 : 00 A.M. , at which time said bids will be publicly opened in
Room 343.
The Contract Documents may be examined at the Office of the Weld Count
Engineer; Room 301, 915 10th Street, Greeley, Colorado.
Copies of the Contract Documents may be obtained at the Weld County
Engineering Department upon payment of $30. 00 per set. Said payment
is not refundable.
The Board of Weld County Commissioners reserves the right to reject
any or all bids , to waive any informalities in bids , and to accept thE
bid that, in the opinion of the Board, is to the best interests of thE
Board and of the County of Weld, State of Colorado .
The Board of Weld County Commissioners shall give preference to reside
Weld County bidders in all cases where the bids are competitive in pri
and quality.
WELD COUNTY , ORAD
By :
BiRhioden
rch rchasnng Director
Dated: September 10 , 1981
Johnstown Breeze
•
INFORMATION FOR BIDDERS
Bids will be received by Ms. Bette Rhoden, Purchasing Director for the Board of
• Weld County Commissioners (herein called the "Owner") , at the Weld Coujy
Purchasing Department, Room 343, 915 10th Street, Greeley, Colorado until ,e;DD
A.M. , ()Cfpb� 1p , 1981, and then at said place publicly opened and read aloud.
Each bid must be submitted in a sealed envelope, addressed to:
Ms. Bette Rhoden, Purchasing Director
P.O. Box 758
at 915 10th Street, Greeley, Colorado 80632
Each sealed envelope containing a bid must be plainly marked on the outside as bid
for the paving of Elmore Road
and the envelope should bear on the outside the name of the Bidder, his address,
his license number, if applicable, and the name of the project for which the bid
is submitted. If forwarded by mail , the sealed envelope containing the bid must
be enclosed in another envelope addressed to the "Owner" at P.O. Box 758, Greeley,
• Colorado, 80632
All bids must be made on the required bid form. All blank spaces for bid prices
must be filled in, in ink or typewritten, and the bid form must be fully completed
and executed when submitted. Only one copy of the bid form is required.
The "Owner" may waive any informalities or minor defects or reject any and all
bids. Any bid amy be withdrawn prior to the above scheduled time for the opening
of bids or authorized postponement thereof. No Bidder may withdraw a bid within
30 days after the actual date of opening thereof. Should there be reasons why
the Contract cannot be awarded within the specified period, the time may be
extended by mutual agreement between the "Owner" and the Bidder.
Bidders must satisfy themselves of the accuracy of the estimate quantities in the
Bid Schedule(s) by examination of the side and a review of the drawings and spec-
ifications, including addenda. After bids have been submitted, the Bidder shall
not assert that there was a misunderstanding concerning the quantities of the work
or of the nature of the work to be done.
The "Owner' shall provide to any and all Bidders prior to bidding, all information
which is pertinent to and delineates and describes, the land owned and rights-of-
way acquired upon request.
The Contract Documents contain the provisions required for the construction of the
project. Information obtained from an officer, agent, or employee or the "Owner"
• or any other person shall not affect the risks or obligations assumed by the Con-
tractor or relieve him from fulfilling any of the conditions of the contract.
Each bid must be accompanied by a Bid Cond payable to the "Owner' for five percent
of the total amount of the bid. As soon as the bid proces have been compared, the
"Owner" will return the bonds of all except the three lowest responsible Bidders
•
within three days after the date of the bid opening. When the Agreement is executed,
the Bid Bonds of the two remaining unsuccessful Bidders will be returned. The Bid
Bond of the successful bidder will be retained until the Agreement, Payment Bond,
and Performance Bond have been executed and approved, after which it will be returned
A Performance Bond and a Payment Bond, each in the amount of 100 percent of the
Contract Price, with a corporated Surety approved by the "Owner" , will be required
for the faithful performance of the Contract.
Attorneys-in-fact who sign the Bid Bonds or Payment Bonds and Performance Bonds
must file with each bond a certificate and effective dated copy of their power of
attorney.
The party to whom the contract is awarded will be required to execute the Agreement
and obtain the Performance Bond and Payment Bond within ten (10) calendar days from
the date when Notice of Award is delivered to the Bidder. The Notice of Award shall
be accompanied by the necessary Agreement and bond forms. In case of failure of the
Bidder to execute the Agreement, the ''Owner` may at his option consider the Bidder
in default, in which case the Bid Bond accompanying the proposal shall become the
property of the "Owner" .
The "Owner" within ten (10) days of receipt of acceptable Performance Bond, Payment
Bond, and Agreement signed by the party to whom the Agreement was awarded shall
sign the Agreement and return to such party an executed duplicate of the Agreement.
Should the "Owner" not exectue the Agreement within such period, the Bidder may,
• by written notice, withdraw his signed Agreement. Such notice of withdrawal shall
be effective upon receipt of the notice by the "Owner" .
The Notice to Proceed shall be issued within ten (10) days of the execution of the
Agreement by the "Owner" of as otherwise stated in the Special Conditions. Should
there be reasons why the Notice to Proceed cannot be issued within such period, the
time may be extended by mutual agreement between the "Owner" and the Contractor.
If the Notice to Proceed has not been issued within the ten (10) day period or with-
in the period mutually agreed upon, the Contractor may terminate the Agreement
without further liability on the part of either party.
The "Owner" may make such investigation as he deems necessary to determine the
ability of the Bidder to perform the worm, and the Bidder shall furnish to the
"Owner" all such information and data for this purpose as the "Owner" may request.
The "Owner" reserves the right to reject any bid if evidence submitted by, or
investigation of, such Bidder fails to satisfy the "Owner" that such Bidder is
qualified to carry out the obligations of the Agreement and to complete the work
contemplated therein. The "Owner" reserves the right to reject any conditional
or qualified bid.
Award will be made as a whole to one Bidder.
The Contractor shall commence work not later that fifteen (15) calendar days after
date of the Notice to Proceed issued by the "Owner" to the Contractor and shall
complete the work as specified, ready for use, within the time specified in the
• contract. In the event no written notice to proceed is issued by the "Owner",
the contract time as specified in the contract shall be counted from the first day
of actual work on the project. All work shall be prosecuted in an orderly and
diligent manner. The contractor shall cooperate with and conform to the request
of the Owner" to expedite particular portions of the work or to suspend or transfer
his operations on any portion of the work where such alteration of the contractor' s
operations is deemed advisable by the "Owner" .
All applicable laws, ordinances, and the rules and regulations of all authorities
having jurisdiction over contruction of the project shall apply to the contract
throughout.
+ Each Bidder is responsible for inspecting the site and informing himself of the
conditions under which the work is to be performed and for reading and being
thoroughly familiar with the contract or documents. The Bidder's inspection
shall cover the ground structure, obstacles which may be encountered, location of
water table, and other matters relevant to the work both above and below ground.
Where test boring logs, indicating underground conditions , are shown on the
drawings, this data is for the Bidder's information and to reflect the conditions
observed at the time and place of drilling. Neither 'Owner- nor the Engineer shall
be held responsible for any variance or deviation from the data shown on the
drawings, as encountered during actual construction. The failure or omission of
any Bidder to do any of the foregoing shall in no way relieve any Bidder from any
obligation in respect to his bid. The successful Bidder will not be allowed any
extra compensation in the form of contract price or time by any matter or thing
on which he could have fully informed himself prior to the bidding.
The low Bidder shall supply the names and addresses of major material suppliers
and sub-contractors when requested to do so by the "Owner" .
The Engineer is Weld County Engineer, 915 10th Street, Room #301, Greeley, Colorado,
80631; phone number (303) 356-4000, extension 750.
•
BID
Proposal of
•
(hereinafter called "Bidder") , organized and existing under the laws of the State
of Colorado, doing business as
*
To the Board of Weld County Commissioners (hereinafter called "Owner") .
In compliance with you Advertisement for Bids, Bidder hereby proposes to perform
all work for the paving of Elmore Road (2,530 Feet)
in strict accordance with contract documents , within the time set forth therein,
and at prices stated below.
By submission of this Bid, each Bidder certifies, and in cases of a joint Bid,
each party hereto certifies as to his own organization, that this Bid has been
arrived at independently, without consultation, communication, or agreement as
to any matter relating to this Bid with any other Bidder or with any competitor.
Bidder hereby agrees to commence work under this Contract on or before a date to
• be specified in the Notice to Proceed and to fully complete this Project within
30 consecutive calendar days thereafter. Bidder further agrees to pay as liquidated
damages the sum of ONE HUNDRED DOLLARS AND NO CENTS ($100.00) for each consecutive
calendar day thereafter as provided in paragraph of the Special Conditions.
Bidder acknowledges receipt of the following Addendum:
Bidder agrees to perform all owrk described in the Contract Documents for the
following unit prices or lump sum:
NOTE: Bid shall include sales tax and all other applicable taxes and fees. Yes
*Insert "a Corporation", "a Partnership" , or "an Individual-" as applicable.
•
BID -. 1 of 1
BID SCHEDULE
•
ITEM ESTIMATED UNIT
NO . DESCRIPTION QUANTITY UNIT PRICE AMOUNT
304 Aggregate Base Course, CL. 6 1200 Tons $ $
306 Reconditioning 6750 S.Y. $ $
403 Hot Bituminous Pavement
GR. EX. 600 Tons $ $
TOTAL OF PROJECT $
Biidder must complete all of Schedule.
Respectfully submitted,
Date: Bidder:
Official Address : Signature:
•
Title:
(SEAL--if a Corporation)
ATTEST:
BID BOND
KNOW ALL MEN BY THESE PRESENTS , that we, the undersigned,
i
as Principal , and _
Surety, are hereby held and firmly bound unto
as Owner in the penal sum of
($ ) for the payment of which, well and truly to be made, we hereby
jointly and severally bind ourselves , successors and assigns.
Signed, this day of , 19
The condition of the above obligations is such that whereas the Principal has
submitted to a certain bid, attached
hereto and hereby made a part hereof, to enter into a Contract in writing, for the
NOW THEREFORE ,
(A) If said shall be rejected, or in the alternate,
. (B) If said Bid shall be accepted and the Principal shall execute and
deliver a Contract in the form of Contract attached hereto (properly
completed in accordance with said Bid) and shall furnish a bond for
his faithful performance of said Contract, and for the payment of all
persons performing labor or furnishing materials in connection there-
with, and shall in all other respects perform the agreement created by
the acceptance of said Bid,
then this obligation shall be void, orhterwise the same shall remain in force and
affect; it being expressly understood and agreed that the liability of the Surety
for any and all claims hereunder, in no event, exceed the penal amount of this
obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations
by any extension of the time within which the Owner may accept such bid; and said
Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF , the Principal and the Surety have hereunder set their hands
and seals, and such of them as are corporations have caused their corporate seals to
be hereto affixed and these presents to be signed by their proper officers, the day
and year first set forth above.
(L.S. )
Principal
•
Surety
By:
NOTICE OF AWARD
TO :
•
Project Desription: The paving of Elmore Road
The Owner, represented by the undersigned, has considered the Bid submitted by you
for the above described work in response to its Advertisement for Bids dated
19 , and Information for Bidders.
You are hereby notified that your Bid has been accepted for
in the amount of
($ ) .
You are required by the Information for Bidders to execute the Agreement and furnish
the required Contractor's Performance Bond, Payment Bond, and Certificates of
Insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said bonds within ten (10) days
from the date of this Notice, said Owner will be entitled to consider all your right!
arising our of the Owner' s acceptance of your Bid as abandoned and as a forfeiture o.
your Bid Bond. The Owner will be entitled to such other rights as may be granted by
law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this day of , 19 .
The Board of Weld County Commissioners
(Owner)
By:
Title:
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
• this is the day of , 19
By: Title:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS : that
• Name of Contractor
Address of Contractor
a , hereinafter called Principal , and
Corporation, Partneship or Individual
Name of Surety
Address of Surety
hereinafter called Surety, are held and firmly bound unto
Name of Owner
Address of Owner
hereinafter called Owner, in the penal sum of _
Base Bid
Dollars
($ ) in a lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, successors, and assings,
• jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain Contract with the Owner, dated the day of
19 , a copy of which is hereto attached and made a part hereof for the constuction
of:
NOW , THEREFORE , if the Principal shall during the entire length of said Contract
and any extensions thereof promptly make payment to all persons, firms, sub-contractor
and corporations furnishing materials for or performing labor in the prosecution of tl
work provided for in such Contract, and any authorized extension or modification then
of, including all amounts due for materials, lubricants, oil , gasoline, coal and coke
repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such work, and all insurance premiums on said work, and for all labor
performed in such work whether by sub-contractor or otherwise, then this obligation
shall be void; otherwise to remain full force and effect.
PROVIDED , FURTHER , that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
Contract or to the work to be performed thereunder or the specifications accompanying
the same shall in any wise affect its obligation on time, alteration or addition to
the terms of the Contract or to the work or to the specifications.
• PROVIDED , FURTHER , that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF , this instrument is executed in counterparts, each one
number
of which shall be deemed an original , this the day of , 19_
. ATTEST: Principal
By (S)
Principal Secretary
(SEAL)
Witness as to Principal Address
Address
Surety
ATTEST:
Surety Secretary
•
(SEAL)
By
Witness as to Surety Attorney-In-Fact
Address Address
NOTE: Date of bond must not be prior to date of Contract. If Contractor is
partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Deparmtent's
most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
•
NOTICE TO PROCEED
TO : DATE :
• PROJECT : The paving of Elmore Road
You are hereby notified to commence work in accordance with the Agreement dated
19 , on or before 19 , and
you are to complete the work within ( ) consecutive calendar
days thereafter. The date of completion of all work is therefore,
19
THE BOARD OF WELD COUNTY COMMISSIONERS
. (Owner)
By
Title
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by
this the day of
19 .
By _
Title
•
AGREEMENT
THIS AGREEMENT , made this day of , 19 , by and
• between The Board of Weld County Commissioners , hereinafter called "Owner" and
doing business as
hereinafter called "Contractor" .
WITNESSETH : That for and in consideration of the payments and agreements here-
inafter mentioned:
1. The Contractor will commence and complete the phased construction of the
paving of Elmore Road
2. The Contractor shall furnish all material , supplies , tools, equipment, labor
and other services necessary for the construction and completion of the Project
described herein.
3. The Contractor shall commence the work required by the Contract Documents in
accordance with the date stated in the Notice to Proceed and shall complete
the work within the time stated in the Bid Proposal unless the period for
completion is extended otherwise by the Contract Documents.
•
4. The Contractor agrees to perform all of the work described in the Contract
Documents and comply with the terms of therein for the sum of
($ )
for
5. The term "Contract Documents" means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) General Conditions
(G) Supplemental General Conditions
(H) Payment Bond
(I) Performance Bond -
(3) Notice of Award
(K) Notice to Proceed
(L) Change Order
• (M) Drawings prepared by Weld County Engineering Department, numbered
of/to , Not applicable
(N) Specifications prepared or issued by Weld County, Colorado for
the paving of Elmore Road (2,530 Feet) .
•
(0) Addenda
No. , dated , 19
No. , dated , 19
No. , dated , 19
No. , dated , 19
No. _, dated , 19
No. , dated 19__
(P) Notice of Contractor's Settlement
(Q) Final Receipt and Guarantee
(R) Other
6. The Owner will pay the Contractor in the manner and at such time as set forth
in the General Conditions such amounts required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, adminstrators, successors, and assigns.
IN WITNESS WHEREOF , the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in seven (7) , each of which
shall be deemed an original on the date first written above.
• OWNER: CONTRACTOR:
The Board of Weld County Commissioners
By By
Name Name
(Please Type) (Please Type)
Title Title _
Address
(SEAL) (SEAL)
ATTEST: ATTEST:
Name Name
(Please Type) -(Please Type)
Title Title
•
CHANGE ORDLR
•
CHANGE ORDER NO.
DATE:
PROJECT: -
PROJECT NO.
TO (CONTRACTOR) :
JUSTIFICATION:
You are directed to make the following changes in the owrk. All other terms and
conditions of the Contract mot expressly modified hereby shall remain in full
force and effect:
Item No. Description Est._ty. Unit Unit Cost Amount
•
The original Contract sum was
Net change by previous Change Orders S_________
The Contract Sum prior to this Change Order was
The Contract Sum will be (increased)(decreased)(unchanqed) by this
Change Order 4_
The new Contract Time will be (increased)(decreased)(unchanged) by
(- ------) Days.
The Date of Completion as of the date of this Change Order therefore is
19
ACCEPTED BY: ORDERED BY:
THE BOARD OF WELD COUNTY COMMISSIONERS
CONTRACTOR
P.O. Box 758
Address - Address
_ Greeley, Colorado 80632
By By
Chairmanof the Board
. Date Date _
NOTICE OF CONTRACTOR ' S SETTLEMENT
NOTICE IS HEREBY GIVEN , that on , 19 , the day of
• _ _, A.D. , 19 , at the hour of final settlement
with
will be made by _
for the construction of _
owned and operated by
and located in Weld County, Colorado, subject to prior satisfactory final inspection,
and acceptance of said facilities by The Board of Weld County Commissioners, and that
any person, co-partnership, association of persons, company or corporation that has
furnished labor, materials, team hire, sustenance, provender, or other supplies used
or consumed by such Contractor, his sub-contracotr, in or about the performance of
the work contracted to be done, and whose claim therefore has been paid by the
Contracotr or the sub-contractor, at any time up to and including the time of final
settlement for the work contracted to be done, may file a verified statement of the
amount due and unpaid on account of such claim with the
Failure on the part of the claimant to file such a vereified statement of claim
•
prior to such final settlement will release
from any and all liability for such claimant's claim.
OWNER: THE BOARD OF WELD COUNTY COMMISSIONERS
By
Title
(Said Notice to be published at least twice, final publication at least ten (10)
days prior to settlement) .
FINAL RECEIPT AND GUARANTEE
Weld County , Colorado
• , 19
( Date )
Received this date of , 19 , as full and final payment of the
cost of improvements provided for in the Contract executed by
and Payee on or about , 19
together with all amendments , change orders, and additions thereto, the sum of
Dollars ($ ) ,
by checking, being the remainder of the full amount accruing to the undersigned by
virtue if said Contract and extra work performed thereunder, said payment covering
and including full payment and covering and including full payment for the cost of
all extra work and material furnished by the undersigned in the construction of
said improvements, and all incidentals thereto, for the additional consideration of
One (1.00) Dollar for the execution hereof, and the undersigned bereby realeases
from any and all claims whatsoever resulting from said Contract and all work
performed thereunder.
The undersigned by these presents certifies that all persons doing work upon or
furnishing materials for siad improvements under the foregoing Contract and all
• additions thereto have been paid in full , and the undersigned further certifies
that all work has been completed in a warlmanlike manner in conformity with the
Plans and Specifications of the _ pertinent thereto. That should any
portion of said work or material prove defective within one (1) year from the
date of final acceptance of the entire project by the Owner, the undersigned shall
replace any such defective material and remedy any such defective work to the sat-
isfaction of THE BOARD OF WELD COUNTY COMMISSIONERS and shall defend, indemnify, and
save harmless THE BOARD OF WELD COUNTY COMMISSIONERS from all damages, claims,
demands, expenses, and charge of every kind which may arise as a result of any such
defective material and workmanship during said period. The Performance Bond for
this Contract shall remain in effect for the period of the Guarantee.
Name
By
Title
ARTICLE 2
SPECIAL CONDITIONS
•
Paragraph Description Page
2.01 General Intention 1
2.02 Contract Time 1
2.03 Liquidated Damages 1
2.04 Pay Quantities 1
2.05 Water for Construction 1
2.06 Underground Obstructions 1
2.07 Working Hours 1
2.08 Advance Notice 2
2.09 Work Done Without Lines or Grades 2
2. 10 Changes in the Work 2
2. 11 Changes in Contract Price 2
2. 12 Material Specifications 2
2.13 Traffic and Signing 2
2. 14 Survey 2
2.15 Index of Retained Resilient Modules Test 3
2. 16 Mailboxes 3
2. 17 Reconditioning 3
•
ARTICLE 2
SPECIAL CONDITIONS
•
2.01 General Intention. It is the declared acknowledged intention to pave Elmore
Road from Colorado Highway 66 south approximately 2,530 feet, complete and
ready for use.
2.02 Contract Time. The allowed time for the completion of the Contract shall be
thirty (30) calendar days. The construction time shall begin fiftenn (15)
calendar days after the date of the Notice to Proceed. The Contractor shall
begin work on or before fifteen (15) calendar days after the date of the
Notice to Proceed. If construction continues beyond the Contract Time period,
or the time as extended, the Contractor will be assessed liquidated damages as
stated hereafter.
2.03 Liquidated Damages. The Contractor agrees that he can and will complete the
work within the Contract Time limit stated herein and within the time as
extended as provided elsewhere in the Contract Documents. In the event the
Contractor fails to complete the work within the allotted time limit, liquidated
damages will be assessed in the amount of One Hundred Dollars ($100.00) per
calendar day in excess of the time period allotted. Said liquidated damages
shall also include the cost of excess engineering, if so required.
2.04 Pay Quantities. The Contractor shall be paid on a unit price basis as
indicated by the proposal for the actual quantities installed.
• 2.05 Water for Construction. Water used in construction shall be obtained and
paid for by the Contractor with the cost incorporated in the Unit Price Bid.
2.06 Underground Obstructions. The Contractor shall anticipate all underground
obstructions such as water lines, gas lines, sewer lines , concrete, debris,
and all other types of utility lines. No extra payment will be allowed for
the removal , protection, replacement, repair or possible increased cost caused
by underground obstructions. Any such lines or obstructions indicated on the
drawings show only the approximate location from the information available
and must be verified in the field by the Contractor. The Owner and Engineer
will endeavor to familiarize the Contractor with all known underground utilities
and obstructions, but this will nto relieve the Contractor from full responsibil
in anticipating all underground obstructions .
The Contractor is responsible for notifying, requesting location verification
and keeping the respective utilty owners informed as to the progress made during
the prosecution of this work. The Contractor shall protect the existing
utilities in a manner as requested by the respective utility owners at no extra
compensation. The Contractor, by his signature on the Proposal and subsequently
on the Agreement, agrees to keep the Owner and Engineer free from any claim,
either directly or indirectly, from any damages to any and all utilities shown
or missed by the drawings.
Utility locations and adjustments will be coordinated and paid for by the Owner.
The Contractor will , when required to, cooperate in scheduling with the utility
• but will not include a cost for relocations and/or adjustments.
2.07 Working Hours. Unless special arrangements are made with the Engineer, work
shall be done only during regular and commonly accepted accepted or presribed
working hours. No work shall be done at night, holidays, or Sundays, unless
special permission shall be given by the Engineer.
1
2.08 Advance Notice. It shall be the responsibility of the Contractor to notify
the Engineer sufficiently in advance of his operations.
In order to assure proper availability of construction supervision or other
• personnel from the Engineer's staff, the following notices will be required
as minimums :
a. One (1) week notice for major additions or modifications.
b. Two (2) days written notice shall be delivered to the Engineer prior
to any work done on Saturday, Sunday, nights and legal holidays.
The failure of the Contractor to provide minimum notices will be considered
for time extensions or extra compensation.
2.09 Work Done Without Lines or Grades. Any work done without having been properly
located and established by base lines, offset stakes, bench marks or other
basic reference points located, established, or checked by the Engineer, and
found to be improper, may be ordered removed and replaced at the Contractor' s
expense.
2. 10 Changes in the Work. The Owner may at any time, as the need arises, order
changes within the scope of the work without invalidating the Agreement. If
such changes increase or decrease the amount due under the Contract Documents,
or in the time required for performance of the work, the Contractor shall
perform the same at the unit prices or lump sum indicated in the bid. Changes
may occur to a maximum of twenty-five percent (25%) of the Contract price.
After exceeding twenty-five percent (25%) , the applicable unit price or lump
sum may be negotiated and an equitable adjustment shall be authorized by Change
Order, as noted in Section 2. 11, "Changes in Contract Price" .
• 2. 11 Changes in Contract Price. The Contract price may be changed only by a Change
Order. The value of any work covered by a Change Order or of any claim for
increase or decrease in the Contract price shall be determined by one or more
of the following methods in the order of precedence listed below:
a. Unit prices previously approved.
b. An agreed lump sum.
c. The actual cost of labor, direct overhead, materials, supplies ,
equipment, and other services necessary to complete the work. In
addition there shall be added an amount to be agreed upon, but not
to exceed fifteen percent (15%) of the actual cost of the work to
cover the cost of general overhead and profit.
2. 12 Material Specifications. Material specifications and references in the plans
are in accordance with the "State Department of Highways , Division of Highways,
State of Colorad, Standard Specifications for Road and Bridge Construction, 1971
The Contractor will submit an asphalt mix formula and aggregate test results
two (2) weeks prior to job start. The Engineering Department will approve the
mis formula and aggregate in writing prior to job start. State Highway mix
formulas and aggregate tests based on the materials to be used are acceptable.
2. 13 Traffic and Signing. The road will remain open to traffic as much as possible.
If it is to be closed, it will be coordinated with the Engineer and Weld County
• will place barricades and detour signs. When roads remain open during construe.
tion, the Contractor will provide signing and flagging in accordance with the
"Manual on Uniform Traffic Control Devices" and the cost for signing is to be
included in the base bid.
2. 14 Survey. The Contractor will be required to make all detail surveys need for
construction.
2
2. 15 Index of Retained Resilient Modules Test. The Contractor shall supply samples
of aggregate and asphalt or an actual plant mixed sample. The material will be
tested by the Index of Retained Resilient Modules (MD) , as determined by the
mositure susceptibility test, and shall not be less Rthan 70.
• 2. 16 Mailboxes. Mailboxes will be reset where required by the Contractor and the
cost is to be included in the base bid.
2. 17 Reconditioning. The Contractor shall recondition the existing surface prior
to placement of Aggregate Base Course. The work shall consist of scarifying,
fine grading, wetting, and compaction to 95% Standard Proctor, and will be
paid by the square yard.
•
3
•
GENERAL CONDITIONS OF CONTRACT
FOR
• ENGINEERING CONSTRUCTION
•
15
ARTICLE 3
GENERAL CONDITIONS
• INDEX
Section No .
Definitions - --1
Execution and Correlation of Documents- 2
Design, Drawings, and Instructions 3
Copies of Drawings Furnished 4
Order of Completion 5
Ownership of Drawings 6
Familiarity with Work 7
Changed Conditions 8
Materials, and Appliances --9
Employees 10
Royalities and Patents 11
Surveys- 12
Permits , Licenses, and Regulations 13
Protection of the Public and of Work and Property-- 14
• Emergency Work 14 (a)
Inspection of Work 15
Superintendence 16
Discrepancies 17
Changes in the Work - 18
Extension of Time- 19
Claims 20
Correction of Work Before Final Payment 21
Suspension of Work 22
The Owner' s Right to Terminate Contract 23
Removal of Equipment 25
Responsibility for Work 26
Parial Completion and Acceptance-- 27
Payments Withheld Prior to Final Acceptance of Work . 28
Contractor's Insurance 29
Surety Bonds 30
Assignment- 32
• Rights of Various Interests 33
Separate Contracts- 34
Subcontracts 35
Engineer's Status 36
Engineer's Decision -37
Arbitration- 38
• Lands for Work 39
Cleaning Up- 40
Acceptance and Final Payment 41
Legal Relations and Responsibility to Public 42
Warranties 43
•
•
0
SEC. 1 —Definitions to beginning work on the various items on the
project site. Payment for same will be made as
(a) The Contract Documents shall consist of provided for in the Special Conditions.
Advertisement for Bids or Notice to Contractors.
Instructions to Bidders, Form of Bid or Proposal, SEC. 2—Execution and Correlation of
Addenda, the signed Agreement, the General and Documents
Special Conditions of Contract, the Drawings, and
the Specifications, including all modifications there- The Agreement shall be signed in duplicate by
of incorporated in any of the documents before the the Owner and the Contractor.
execution of Agreement. The Contract Documents are complementary and
(6) The Owner and the Contractor are those what is called for by any one shall be as binding as
if called for by all. In case of conflict between Draw-
named as such in the Agreement. They are treated
throughout the Contract Documents as if each were ings and Specifications, the Specifications shall
of the singular number and masculine gender. govern. Special Specifications shall govern over
Standard Specifications.Materials or work described
(c) Wherever in this Contract the word "Engi- in words which so applied have a well-known techni-
neer" is used it shall be understood as referring to cal or trade meaning shall be held to refer to such
the County Engineer, recognized standards.
acting• SEC. 3—Design, Drawings and Instructions
personally or through any assistants duly author-
ized in writing by the Engineer. It is agreed that the Owner will be responsible for
(d) Any written notice served pursuant to the
ings and Specifications. The Owner, through the
the adequacy of design and sufficiency of the Draw-
terms of the Agreement shall be deemed to have
been duly served if delivered in person or by Engineer, or the Engineer as the Owner's representa-
mail to the individual, or to a partner, five,shall furnish Drawings and Specifications which
registered adequately represent the requirements of the work
or to an officer of the corporation for whom it is to be performed under the Contract. All such draw-
• intended, or any authorized representative thereof. ings and instructions shall be consistent with the
(e) The term "Subcontractor" shall mean any- Contract Documents and shall be true developments
one, other than the Contractor, who furnished at thereof. Drawings and Specifications which ade-
the site, under an Agreement with the Contractor, quately represent the work to be done shall be
labor, or labor and materials, or labor and equip- furnished prior to the time of entering into the
meat,but shall not include any person who furnishes Contract. The Engineer may, during the life of the
services of a personal nature. Contract, and in accordance with Section 18, issue
(f) Work shall mean the furnishing of all labor, additional instructions, by means of drawings or
other media, necessary to illustrate changes in the
materials, equipment, and other incidentals neces-
sary to the successful completion of the Contract work.
and the carrying out of all the duties and obligations
imposed by the Contract. SEC. 4—Copies of Drawings Furnished
(g) Extra work shall mean such additional labor, Unless otherwise provided in the Contract Docu•
materials, equipment, and other incidentals as are ment, the Engineer will furnish to the Contractor,
required to complete the Contract for the purpose for free of charge, all copies of drawings and specifica-
which it was intended but was not shown on the tions reasonably necessary for the execution of
Drawings or called for in the Specifications, or is the work.
authorized by the Owner in addition to that work
called for in the Drawings and Specifications. SEC. 5—Order of Completion
(k) Dispute shall mean lack of agreement be- The Contractor shall submit, at such times as
tween any parties that have any obligations, duties, may reasonably be requested by the Engineer,
or responsibilities under the terms of the Contract, schedules which shall show the order in which the
Drawings, or Specifications. Contractor proposed to carry on the work, with
(i) Mobilization shall consist of preparatory dates at which the Contractor will start the several
work and operations. including, but not limited to, parts of the work, and estimated dates of comple-
those necessary for the movement of personnel, Hon of the several parts. The special provisions or
equipment, supplies and incidentals to the project plans may require that certain phases or parts of
site; for the establishment of all offices, buildings the work be completed first or in a certain order.
• and other facilities necessary for work on the If the Contractor elects to use PERT or CPM charts,
project; and for all other work and operations he shall furnish copies of them to the Engineer,
which must be performed, or costs incurred, prior upon request.
2
•
SEC. 6—Ownership of Drawings SEC. 10—Employees
All Drawings, Specifications and copies thereof The Contractor shall at all times enforce strict
furnished by the Owner shall not he reused on discipline and good order among his employees,
other work by the Contractor. and shall seek to avoid employing on the work any
unfit person or anyone not skilled in the work as-
signed to him.
SEC. 7—Familiarity with Work Adequate sanitary facilities shall be provided by
The Owner has endeavored to ascertain all perti- the Contractor.
nent information regarding site conditions, and
subsurface conditions, and has, to the best of his SEC. 11 —Royalties and Patents
ability, furnished all such information to the Con-
tractor. Such information is given, however, as The Contractor shall pay all applicable royalties
being the best factual information available to the and license fees. He shall defend all suits or claims
Owner, but is advisory only. The Contractor, by for infringement of any patent rights and save the
careful examination, shall satisfy himself as to the Owner harmless from loss on account thereof ex-
nature and location of the work, the character of cept that the Owner shall be responsible for any
equipment and facilities needed preliminary to and such loss when a particular process, design, or the
during the prosecution of the work, the general and product of a particular manufacturer or manu-
local conditions, and all other matters which can facturers is specified, unless the Owner has notified
in any way affect the work under this Contract. the Contractor prior to the signing of the Contract
that the particular process, design, or product is
patented or is believed to be patented.
SEC. 8—Changed Conditions
The Contractor shall promptly, and before such SEC. 12—Surveys
conditions are disturbed. except in the event of an
• emergency, notify the Owner in writing of: (1) Unless otherwise specified, the Owner shall fur-
Subsurface or latent physical conditions at the site h all land surveys and establish all base lines
differing materially from those indicated in this for locating the principal component parts of the
Contract; or 121 previously unknown physical or work together with a suitable number of bench
other conditions at the site, of an unusual nature, marks adjacent to the work. From the information
differing materially from those ordinarily en- provided by the Owner, the Contractor shall develop
countered and generally recognized as inherent in and make all detail surveys needed for construction
work of the character provided for in this Contract. such as slope stakes, batter boards, stakes for pile
The Engineer shall promptly investigate the con- locations and other working points, lines and
ditions, and if he finds that such conditions do so elevations.
materially differ and cause an increase or decrease The Contractor shall carefully preserve bench
in the cost of, or the time required for, performance marks, reference points and stakes and, in case of
of this Contract, an equitable adjustment shall be willful or careless destruction, he shall be charged
made and the Contract modified in writing accord- with the resulting expense and shall be responsible
ingly. Any claim of the Contractor for adjustment for any mistakes that may be caused by their un-
hereunder shall not be allowed unless he has given necessary loss or disturbance.
notice as above required; provided that the Engineer
may, if he determines the facts so justify, consider SEC. 13—Permits, Licenses and Regulations
and adjust any such claims asserted before the date
of final settlement of the Contract. If the parties Permits and licenses of a temporary nature neces-
fail to agree upon the adjustment to be made. the sary for the prosecution of the work shall be
dispute shall be determined as provided in Section secured and paid for by the Contractor. Permits,
39 hereof. licenses and easements for permanent structures or
permanent changes in existing facilities shall be
SEC. 9—Materials, and Appliances secured and paid for by the Owner, unless other-
wise specified. The Contractor shall give all notices
Unless otherwise stipulated, the Contractor shall and comply with all laws, ordinances, rules and
provide and pay for all materials, labor, water, regulations bearing on the conduct of the work as
tools, equipment, light, power, transportation and drawn and specified. If the Contractor observes that
other facilities necessary for the execution and corn- the Drawings and Specifications are at variance
• pletion of the work. Unless otherwise specified, all therewith, he shall promptly notify the Engineer
materials shall be of good quality. The Contractor in writing, and any necessary changes shall be ad-
shall, if required, furnish satisfactory evidence as to justed as provided in the Contract for changes in
the kind and quality of materials. the work,
3
•
SEC. 14—Protection of the Public and of its readiness for inspection, and if the inspection is
Work and Property by an authority other than the Engineer, of the date
fixed for such inspection. Inspections by the Engi-
The Contractor shall provide and maintain all neer shall be promptly made, and where practicable
necessary watchmen, firemen, barricades, signing at the source of supply. If any work required to be
in accordance with (Owners) (Bureau of Public inspected should be covered up without approval or
Roads) manual of signing, warning lights and signs consent of the Engineer, it must, if required by the
and take all reasonable precautions for the protec- Engineer, be uncovered for examination and prop-
tion and safety of the public. He shall continuously erly restored at the Contractor's expense, unless the
maintain reasonable protection of all work from Engineer has unreasonably delayed inspection.
damage. and shall take all reasonable precautions
to protect the Owner's property from injury or Reexamination of any work may be ordered by
loss arising in connection with this Contract. Adja- the Engineer, and, if so ordered, the work must be
cent streets and highways shall be kept free of dirt uncovered by the Contractor. If such work is found
and litter from Contractor's handling operations. to be in accordance with the Contract Documents,
The Contractor shall take reasonable precautions the Owner shall pay the cost of reexamination and
to protect private property adjacent to the project replacement. If such work is not in accordance with
from such nuisances as dust and dirt, rock and the Contract Documents, the Contractor shall pay
excessive noise. He shall make good any damage, such cost.
injury or loss to his work and to the property
Owner resulting from lack of reasonable protective SEC. 16—Superintendence
precautions, except such as may be due to errors
in the Contract Documents, or caused by agents or The Contractor shall keep on his work at all times
employees of the Owner. He shall adequately protect during its progress, a competent superintendent
adjacent private and public property, as provided by and/or responsible assistants. The superintendent
Law and the Contract Documents. shall represent the Contractor and all directions
given to him shall be binding as if given to the Con-
• SEC. 14(a)—Emergency Work tractor. Important directions shall immediately be
confirmed in writing to the Contractor. Other direc-
In an emergency affecting the safety of life or of tions shall be so confirmed on written request in
the work or of adjoining property, the Contractor each case.
is, without special instructions or authorization
from the Engineer, hereby permitted to act at his SEC 17—Discrepancies
discretion to prevent such threatening loss or injury. If the Contractor, in the course of the work, finds
He shall also so act, without appeal, if so authorized any discrepancy between the Drawings and e th
or instructed by the Engineer. Any compensation physical conditions of the locality, or any errors hor
e
claimed by the Contractor on account of emergency omissions in Drawings or in the layout as given by
work, shall be determined by agreement or in ac- survey points and instructions, he shall immediately
cordance with Section 39. inform the Engineer, in writing, or by telegram,
and the Engineer shall promptly verify the same.
SEC. 15—Inspection of Work Any work done after such discovery, until author-
The Owner shall provide sufficient competent
ized, will be done at the Contractor's risk, except
in the event of an emergency.
personnel, working under qualified supervision for
the inspection of the work while such work is in SEC. 18— Changes in the Work
progress to ascertain that the completed work will
comply in all respects with the standards and re- The Owner may make changes in the Drawings
quirements set forth in the Specifications. Notwith- and Specifications or scheduling of the Contract
standing such inspection, the Contractor will be within the general scope at any time by a written
held responsible for the acceptability of the finished order. If such changes add to or deduct from the
work. Contractor's cost or the work, the Contract price
The Engineer and his representatives shall at all shall be adjusted accordingly. All such work shall
times have access to the work whenever it is in be executed under the conditions of the original
preparation or progress, and the Contractor shall Contract except that anyclaim for extension of
provide proper facilities for such access and for time caused thereby shall be allowed and adjusted
inspection. at the time of ordering such change or at such
time as it can be ascertained.
If the Specifications, the Engineer's instructions,
• laws, ordinances, or any public authority require In giving instructions, the Engineer shall have
any work to be specially tested or approved, the authority to make minor changes in the work not
Contractor shall give the Engineer timely notice to involving extra cost, and not inconsistent with the
4
•
purpose of the work. Except in an emergency endan- instruction, and in any event before proceeding
gering life and property, no extra work or change to execute the work, except emergency endangering
shall be made unless in pursuance of a written life or property, and the procedure shall then be as
order by the Engineer, and no claim for an addition provided for changes in the work. No such claim
to the Contract Sum shall be valid unless the addi- shall be valid unless so made.
tional work was so ordered.
The Contractor shall proceed with the work as SEC. 21 —Correction of Work Before
changed and the value of any such extra work or Final Payment
change shall be determined as provided for in the
Agreement. The Contractor shall promptly remove from the
premises all materials and work condemned by the
SEC. 19—Extension of Time Engineer as failing to meet Contract requirements,
(a) Extension of time stipulated in the Contract whether incorporated in the work or not, and the
PContractor shall promptly replace and re-execute
for completion of the work will be made when his own work in accordance with the Contract and
changes in the work occur, as provided in Section without expense to the Owner and shall bear the
18; when the work is suspended as provided in expense of making good all work of other con-
Section 23; and when the work of the Contractor tractors destroyed or damaged by such removal or
is delayed on account of conditions which could not replacement.
have been foreseen, or which were beyond the con-
trol of the Contractor, his Subcontractors or sup- All removal and replacement work shall be done
pliers, and which were not the result of their fault at the Contractor's expense. If the Contractor does
or negligence. Extension of time for completion not take action to remove such condemned work and
shall also be allowed for any delays in the progress materials within 10 days after written notice, the
of the work caused by any act (except as provided Owner may remove them and store the material
elsewhere in these General Conditions) or neglect at the expense of the Contractor. If the Contractor
• of the Owner or his employees, or by other Con- does not pay the expense of such removal and stor-
tractors employed by the Owner, or for any delay age within ten days time thereafter, the Owner may,
in the furnishing of drawings and necessary infor- upon ten days written notice, sell such materials at
mation by the engineer, or delay in return of shop auction or at private sale and shall pay to the Con-
drawings, or for any other cause which in the tractor any net proceeds thereof, after deducting all
opinion of the Engineer entitles the Contractor to the costs and expenses that should have been borne
an extension of time, including but not restricted by the Contractor.
to, acts of the public enemy, acts of any govern-
ment in either its sovereign or any applicable con-
tractual capacity, acts of another contractor in the SEC. 22—Suspension of Work
performance of a contract with the Owner, fires,
floods, epidemics, quarantine restrictions, freight The Owner may at any time suspend the work,
embargoes, unusually severe weather, or labor
disputes. or any part thereof, by giving 3 days
notice to the Contractor in writing. The Work shall
(b) The Contractor shall notify the Engineer be resumed by the Contractor within ten (10) days
promptly of any occurrence or conditions which in after the date fixed in the written notice from the
the Contractor's opinion entitle him to an extension Owner to the Contractor so to do. The Owner shall
of time. Such notice shall be in writing and shall reimburse the Contractor for expense incurred by
be submitted in ample time to permit full investiga- the Contractor in connection with the work under
tion and evaluation of the Contractor's claim. The this Contract as a result of such suspension. If the
Engineer shall acknowledge the Contractor's notice work, or any part thereof, shall be stopped by notice
within 5 days of its receipt. Failure to provide such in writing aforesaid, and if the Owner does not give
notice shall constitute a waiver by the Contractor notice in writing to the Contractor to resume work
of any claim.
at a date within 3 days of the date fixed
SEC. 20—Claims - in the written notice to suspend, the Contractor may
abandon that portion of the work so suspended
If the Contractor claims that any instructions by and he will be entitled to the estimates and payments
drawings or otherwise issued after the date of the for all work done on the portions so abandoned, if
Contract involve extra cost under the Contract, he any. plus 3 percent of the work so aban•
• shall give the Engineer written notice thereof within doped, to compensate for loss of overhead, plant
10 days, after the receipt of such expense, and anticipated profit.
5
•
•
SEC. 23—The Owner's Right to upon seven days' written notice to the Owner and
Terminate Contract the Engineer, stop work or terminate this Contract
If the Contractor should be adjudged a bank- and recover from the Owner payment for all work
executed, plus any loss sustained upon any plant
rupt, or if he should make a general assignment for or materials plus reasonable profit and damages.
the benefit of his creditors. or if a receiver should
be appointed on account of his insolvency, or if he
should persistently or repeatedly refuse or should SEC. 25—Removal of Equipment
fail, except in cases for which extensions of time In the case of termination of this Contract before
are provided, to supply enough properly skilled completion from any cause whatever, the Con-
workmen or materials, or if he should fail to make tractor, if notified to do so by the Owner, shall
payments to Subcontractors or for material or labor,
so as to affect the progress of the work, or persist- promptly remove any part or all of his equipment
ently be guilty of a substantial violation of the
then the Owner, upon the written notice and supplies from the property of the Owner,failing
which the Owner shall have the right to remove such
Contract,
of the Engineer that sufficient cause exists to justify equipment and supplies at the expense of the Con-
such action may, without prejudice to any other tractor.
right or remedy and after giving the Contractor and
his Surety seven days' written notice, terminate the SEC. 26—Responsibility for Work
employment of the Contractor and take possession
of the premises and of all materials,tools, equipment The Contractor assumes full responsibility for
and other facilities installed on the work and paid the work. Until final acceptance, the Contractor
for by the Owner, and finish the work by whatever shall be responsible for damage to or destruction of
method he may deem expedient. In such case the the work (except for any part covered by partial
Contractor shall not be entitled to receive any acceptance as set forth in Section 27), unless such
further payment until the work is finished. If the damage or destruction is caused by the negligence
unpaid balance of the contract price shall exceed of the Contractor. He agrees to make no claims
the expense of finishing the work, including com- against the Owner for damages to the work from
• pensation for additional managerial and adminis- any cause except negligence or willful acts of the
trative services, such excess shall he paid to the Owner, improper or faulty design, acts of an Enemy,
Contractor. If such expense shall exceed such unpaid acts of war or as provided in Section 31.
balance, the Contractor shall pay the difference to
the Owner. The expense incurred by the Owner as SEC. 27—Partial Completion and Acceptance
herein provided, and the damage incurred through
the Contractor's default, shall be certified by the If at any time prior to the issuance of the final
Engineer. certificate referred to in Section 41 hereinafter, any
Where the Contract has been terminated by the portion of the permanent construction has been
Owner, said termination shall not affect or termi- satisfactorily completed, and if the Engineer deter-
nate any of the rights of the Owner as against the mines that such portion of the permanent construe-
Contractor or his surety then existing or which may tion is not required for the operations of the Con-
thereafter accrue because of such default. Any re- tractor but is needed by the Owner, the Engineer
tention or payment of moneys by the Owner due the shall issue to the Contractor a certificate of partial
Contractor under the terms of the Contract, shall completion. and thereupon or at any time there-
not release the Contractor or his surety from lia- after the Owner may take over and use the portion
bility for his default. of the permanent construction described in such
certificate.
SEC. 24—Contractor's Right to Stop Work The issuance of a certificate of partial completion
or Terminate Contract shall not be construed to constitute an extension of
If the work should be stopped under an order of the Contractor's time to complete the portion of the
any court, or other public authority, for a period permanent construction to which it relates if he has
of more than three months. through no act or fault failed to complete it in accordance with the terms
of the Contractor or of anyone employed by him, of this Contract. The issuance of such a certificate
or if the Engineer should fail to issue any estimate shall not operate to release the Contractor or his
sureties from any obligations under this Contract
for payment within days after it is due, or the performance bond.
or if the Owner should fail to pay the Contractor If such prior use increases the cost of or delays
within _ days of its maturity and presen- the work, the Contractor shall be entitled to extra
• tation, any sum certified by the Engineer or compensation, or extension of time, or both, as the
awarded by arbitrators, then the Contractor may, Engineer may determine, unless otherwise provided.
6
•
SEC. 28—Payments Withheld Prior to All policies shall be for not less than the amounts
Final Acceptance of Work set forth above or as stated in the Special Condi-
a result of subsequently discovered evidence. Condi-
tions. Other forms of insurance shall also be pro-
As 9vided if called for by the Special Conditions.
the Owner may withhold or nullify the whole or
part of any certificate of payment to such extent Certificates or copies of policy of such insurance
as may be necessary to protect himself from loss shall be filed with the Owner, and shall be subject
caused by: to his approval as to adequacy of protection, within
f a I Defective work not remedied the requirements of the Specifications. Said certifi-
cates of insurance shall contain a 30 days' written
(h i Claims filed or reasonable evidence indicat- notice of cancellation in favor of the Owner.
ing probable filing of claims by other parties
against the Contractor SEC. 30—Surety Bonds
(cl Failure of the Contractor to make payments
properly to Subcontractors or for material The Owner shall have the right, prior to the sign-
or labor ing of the Contract, to require the Contractor to
furnish a 100 percent performance bond for the
(dl Damage to another Contractor Contract and the payment of all obligations, arising
thereunder, in such form as the Owner may pre-
When the above grounds are removed or the scribe in the bidding documents and executed by
Contractor provides a Surety Bond satisfactory to one or more financially responsible sureties. If
the Owner which will protect the Owner in the prior to the receipt of bids notice is given that such
amount withheld, payment shall be made for bond is required, the premium shall be paid by the
amounts withheld because of them. No moneys may Contractor; if subsequent thereto, it shall be paid
be withheld under I h) and (c) above if a payment by the Owner. Such surety bond shall cover the en-
bond is included in the Contract. tire contract amount, regardless of changes in total
contract amount.
• SEC. 29—Contractor's Insurance
The Contractor shall secure and maintain such SEC. 31 —Owner's Insurance
insurance policies as will protect himself, his Sub- The (Owner) (Contractor) shall secure and
contractors, and unless otherwise specified, the
Owner, from claims for bodily injuries, death or maintain insurance to percent of the
property damage, which may arise from operations insurable value thereof against fire, earthquake,
under this Contract whether such operations be by flood, and other perils as he may deem necessary
himself or by any Subcontractor or anyone em- and shall name the (Contractor) (Owner) and
ployed by them directly or indirectly. The following Subcontractors as additional insured. Such insur-
insurance policies are required: ance shall be upon the entire work in the Contract
and any structures attached or adjacent thereto.
(a) Statutory Workmen's Compensation
(h) Contractor's Public Liability and Property
Damage— SEC. 32—Assignment
Bodily Injury: Neither party to the Contract shall assign the Con-
each person $ 100,000 tract or sublet it as a whole without the written
each accident S 300,000 consent of the other and its surety, nor shall the
Contractor assign any moneys due or to become due
Property Damage: to him hereunder, except to a bank or financial
each accident $100,000 institution acceptable to the Owner.
aggregate $3QQa9O-0
(cl Automobile Public Liability and Property SEC. 33—Rights of Various Interests
Damage—
_ Wherever work being done by the Owner's forces,
Bodily Injury: utility companies, or by other contractor's forces is
each person $ 100,000 contiguous to work covered by this Contract, the
each accident S 300,000 respective rights of the various interests involved
shall be established by the Engineer, to secure the
III Property Damage: completion of the various portions of the work in
each accident $ 300,000 general harmony.
•
SEC. 34—Separate Contracts SEC. 39—Lands for Work
The Owner reserves the right to let other contracts The Owner shall provide as indicated on Drawing
in connection with this project. The Contractor shall
afford other contractors reasonable opportunity for No. — and not later than the date
the introduction and storage of their materials and when needed by the Contractor the lands upon
the execution of their work, and shall properly which the work under this Contract is to be done,
connect and coordinate his work with theirs. If the rights of way for access to same, and such other
proper execution or results of any part of the Con-
use which are designated on the drawing for the
use of the Contractor. Any delay in the furnishing
tractor's work depends upon the work of any other
Contractor, the Contractor shall inspect and promptly of these lands by the Owner shall be deemed proper
report to the Engineer any defects in such work that cause for an equitable adjustment in both Contract
render it unsuitable for such proper execution and Price and Time of Completion.
results. The Contractor shall provide at his own expense
and without liability to the Owner any additional
SEC. 35—Subcontracts land and access thereto that may be required for
The Contractor shall, as soon as practicable after temporary construction facilities, or for storage
signing the Contract, but in any event prior to the of materials.
performance of any work by any subcontractor,
notify the Owner in writing of the names of Sub- SEC. 40—Cleaning Up
contractors proposed for the work designating the
portions of work to be performed by each. The Contractor shall remove at his own expense
from the Owner's property and from all public and
The Contractor agrees that he is as fully respon-
sible to the Owner for the acts and omissions of his private property all temporary structures, rubbish
and waste materials resulting from his operations.
Subcontractors and of persons either directly or
indirectly employed by them, as he is for the acts This requirement shall not apply to property used
and omissions of persons directly employed by him. for permanent disposal of rubbish or waste mate-
rials in accordance with permission of such dis-
• Nothing contained in the Contract Documents posal granted to the Contractor by the Owner
shall create any contractual relation between any thereof where such disposal is in accordance with
Subcontractor and the Owner. local ordinances and is approved by the Engineer.
SEC. 36—Engineer's Status
The Engineer shall perform technical inspection SEC. 41 —Acceptance and Final Payment
of the work. He has authority to stop the work when- (a) Upon receipt of written notice that the work
ever such stoppage may be necessary to insure the is substantially completed or ready for final inspec-
proper execution of the Contract. He shall also have tion and acceptance, the Engineer will promptly
authority to reject all work and materials which do make such inspection, and when he finds the work
not conform to the Contract and to decide questions acceptable under the Contract and the Contract fully
which arise in the execution of the work. performed or substantially completed he shall
promptly issue a certificate, over his own signature,
SEC. 37—Engineer's Decisions stating that the work required by this Contract has
The Engineer shall, within a reasonable time after been completed or substantially completed and is
their presentation to him, make decisions in writing accepted by him under the terms and conditions
on all claims of the Owner or the Contractor and on thereof, and the entire balance found to be due the
all other matters relating to the execution and prog- Contractor, including the retained percentage, less
ress of the work or the interpretation of the Contract a retention based on the Engineer's estimate of the
Documents. fair value of the claims against the Contractor and
the cost of completing the incomplete or unsatisfac-
SEC. 38—Arbitration tory items of work with specified amounts for each
incomplete or defective item of work, is due and
Any controversy or claim arising out of or relat- payable. The date of substantial completion of a
ing to this Contract, or the breach thereof, which project or specified area of a project is the date
cannot be resolved by mutual agreement, shall be when the construction is sufficiently completed in
settled by arbitration in accordance with the Rules accordance with the Contract Documents as modi-
of the American Arbitration Association, and judg- fled by any change orders agreed to by the parties
ment upon the award rendered by the Arbitrator isl so that the Owner can occupy the project or speci-
e may be entered in any Court having jurisdiction fled area of the project for the use for which it was
thereof. intended.
8
•
(b) Before issuance of final payment, the Con- daily interest at the rate of 6 percent per annum
tractor, if required in the Special Conditions, shall commencing on the first day after said payment is
certify in writing to the Engineer that all payrolls, due and continuing until the payment is delivered
material bills,and other indebtedness connected with or mailed to the Contractor.
the work have been paid, or otherwise satisfied,
except that in case of disputed indebtedness or liens, SEC. 42—Legal Relations and Responsibilty
if the Contract does not include a payment bond, to Public
the Contractor may submit in lieu of certification of
payment a surety bond in the amount of the dis- Laws and Regulations: The Contractor shall keep
puted indebtedness or liens, guaranteeing payment himself fully informed of all City and County Ordi-
of all such disputed amounts, including all related nances and Regulations, and State and Federal laws
costs and interest in connection with said disputed which in any manner affect the work herein speci-
indebtedness or liens which the Owner may be com- fled. He shall at all times observe and comply with
pelled to pay upon adjudication. said ordinances, regulations, and laws, and shall
protect and indemnify the Owner and its officers
(c) The making and acceptance of the final pay- and agents against any claim or liability arising
ment shall constitute a waiver of all claims by the from or based on the violations of such ordinances,
Owner, other than those arising from unsettled regulations, or laws. caused by the negligent actions
liens, from faulty work appearing within the guar- of the Contractor, his agents, or employees.
antee period provided in the Special Conditions,
from the requirements of the Drawings and Specifi- SEC. 44 - Warranties
cations, or from manufacturer's guarantees. It shall
also constitute a waiver of all claims by the Con- The contractor shall guarantee his
tractor, except those previously made and still
work against defective materials or
unsettled.
workmanship for a period of one year
(d) If after the work has been substantially from the date the project or portions
. completed, full completion thereof is materially de- thereof are put into service, or from
layed through no fault of the Contractor, and the the date of final acceptance, which-
Engineer so certifies, the Owner shall, upon certifi- ever occurs first.
cate of the Engineer, and without terminating the
Contract, make payment of the balance due for that
portion of the work fully completed and accepted.
Such payment shall be made under the terms and
conditions governing final payment, except that it
shall not constitute a waiver of claims.
(e) If the Owner fails to make payment as herein
provided, there shall be added to each payment
•
9
•
ARTICLE 4
TECHNICAL PROVISIONS
•
•
ARTICLE 4
TECHNICAL PROVISIONS
• The technical specifications for material , manufacture and construction shall be in
accordance with the following cited Sections of the "State Department of Highways,
Division of Highways, State of Colorado, Standard Specifications for Road and Bridge
Construction, 1976", unless otherwise stipulated in this document. References to the
Division shall mean Weld County and all documentation required will be handled througl
the Weld County Department of Engineering.
Section 106.01 Source of Supply and Quality Requirements
Section 106.02 Material Sources
Section 106.03 Samples, Tests, Cited Specifications
Section 106.04 Plant Inspection
Section 106.05 Storage of Materials
Section 106.06 Handling Materials
Section 106.07 Unacceptable Materials
Section 109.01 Measurement of Quantities
Section 201.01 Clearing and Grubbing
Section 201.02 Clearing and Grubbing Construction Requirements
Section 201.03 Clearing and Grubbing Construction Requirements
Section 205.07 Removal of Pavements, Sidewalks, Curbs, Etc.
• Section 203.01 Excavation and Embankment
Section 203.05 Unclassified Excavation
Section 203.07 Borrow
Section 203.08 General (Construction Requirements)
Section 203.09 Excavation
Section 203.10 Embankment Construction
Section 203.11 Construction of Embankment and Treatment of Cut Areas
with Moisture and Density Control
Section 203.13 Proof Rolling
Section 203.15 Blading
Section 203.16 Dozing
Section 209.01 Watering Description
Section 209.02 Materials
Section 209.03 Construction Requirements
Section 304.01 Aggregate Base Course Description
Section 304.02 Aggregate
Section 304.03 Commercial Mineral Fillers
Section 304.04 Placing
Section 304.05 Mixing
Section 304.06 Shaping and Compaction
Section 306.01 Reconditioning Description
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Section 306.02 Construction Requirements
Section 401.01 Plant Mix Pavements - General Description
• Section 401.02 Composition of Mixtures
Section 401.03 Aggregate
Section 401.04 Filler
Section 401.05 Hydrated Lime
Section 401.06 Bituminous Materials
Section 401.07 Weather Limitations
Section 401.08 Bituminous Mixing Plant
Section 401.09 Hauling Equipment
Section 401.10 Bituminous Pavers
Section 401.11 Rollers
Section 401. 12 Conditioning of Existing Surface
Section 401.13 Preparation of Bituminous Material
Section 401. 14 Preparation of Aggregates
Section 401. 15 Mixing
Section 401.16 Spreading and Finishing
Section 401.17 Compaction
Section 401.18 Joints
• Section 401.19 Pavement Samples
Section 401.20 Surface Tolerance
Section 403.01 Hot Bituminous Pavement Description
Section 403.02 Hot Bituminous Pavement Materials
Section 403.03 Construction Requirements
Section 407.01 Prime Coat, Tack Coat, and Rejuvenating Agent Descriptio
Section 407.02 Bituminous Material
Section 407.04 Weather Limitations
Section 407.05 Equipment
Section 407.06 Preparation of Surface
Section 407.07 Application of Bituminous Material
Section 411.01 Bituminous Materials Description
Section 411.02 Materials
Section 411.03 Construction Requirements
Section 603.01 Culverts Description
Section 603.02 Materials
Section 603.03 Excavation
• Section 603.05 Placing Conduit
Section 603.06 Joining Conduit
Section 603.08 Backfilling
2 of 3
Section 701.01 Portland Cement
Section 702.01 Asphalt Cements
Section 702.03 Liquid Asphaltic Materials
Section 702.05 Sampling and Testing
Section 703.03 Aggregate for Bases
Section 703.04 Aggregate for Hot Plant Mix Bituminous Pavements
Section 703.06 Filler
Section 707.06 Corrugated Aluminum Pipe
Section 712.03 Hydrated Lime
S
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a 6
DEPARTMENT OF ENGINEERING
PHONE(303)356-4000 758
BOX P.O. BOX 758
"lige
GREELEY,COLORADO 80632
COLORADO
October 15, 1981
Lucille L. and Lew D. Williams
13523 Elmore Road
Longmont, Colorado 80501
Dear Mr. and Mrs. Willirias:
I am sorry you were unable to attend the October 14, 1981, hearing on
the subject of paving Elmore Road. The Board of Commissioners held
the hearing and received camnents and suggestions from quite a large
number of residents of the road. The Board took all of these comments
and suggestions under advisement and continued the hearing until 9:00
A.M. , Monday, October 19, 1981, at their public hearing roan in the
Centennial Center in Greeley.
In the meantime, I have furnished the Board a copy of your letter of
October 13, 1981, for their consideration. They will consider your
letter, as well as, all the comments made at the hearing in making
their decision at the public meeting on October 19, 1981. You, of
course, are free to attend that meeting and state your views publicly
if you wish.
For information, the general consensus of the group at the hearing
was that the improvement district should be formed and Elmore Paved.
The feeling of the group was that the assessment should be paid back
to the County over a period of twenty years. I am enclosing a copy
of sane information that was handed out to the residents at the hearing.
The first page contains the names of all the lot owners, their frontage,
and the estimated assessment for each lot. On the back of the first
page, shows the total cost of the project, which is $28,772.64, which
divided by the total lot frontage comes to $5.83 per foot. You will note
that 71% of the owners of the frontage signed the petition to have the
road paved. The second sheet shows the annual cost of the various assess-
ments over a period of twenty years. Your assessment is estimated at
$1718.00, which if placed on a twenty year pay-back period, would come to
$244.68 per year, which would be automatically added to your tax bill. You,
of course, would have the option to pay it off in full within thirty days
after construction is completed.
If you have any other questions, please contact myself or Drew Scheltinga at
our office.
Sincer y
A
i I
SA/7-7/4
Dear Mr SONEMIr
Due to circumstances beyond our control we will not be
able to attend the meeting October the 14th. Enclosed
you will find a copy of our comments and decision.
Will you please see that it is given to the proper
people. Thank you,
ctf, . so die LimLucille L and Lew D Williams
13523 Elmore Road
Longmont, Colo 80501
• •
Mr Chairman, Ladies & Gentlemen:
I am not here tonight to cause any arguements or discension among
you people, I am here to talk about Elmore Road. We are one of the
three oldest residents on this road and we feel we know quite a bit
about this road. We have lived on Elmore Road for 18 years having
built our house 18 years ago this month. At that time Elmore Road
was a mud road without any gravel. Two years later Mrs Widger and
I worked one full summer with Weld County Commissioners and the
gravel company getting this road brought up to Weld County specifi-
cations for their acceptance. Thirteen families who were involved
in this project met in our garage for our dicussions and approval with
the Weld County Commissioners.
At the entrance way under neath the road there was a very large culvert
for the water from the spring to deain thru to the creek along side of
Hwy 66. A few years ago something happened and the water no longer
drains thru the culvert but drains under the road to this stream shown
on the map. Due to this drainage under the road we have large pot holes
develop after heavy rains and snowstorms. We then go south on the
to the north end of the Ashby resident and from there along the east
side of the road going north all of the barrow pits stand full of
water after heavy rains and snows. We have seen some of these barrow
pits filled with algie. From that point north the road has been full
of pot holes because of the poor drainage. Our question is what is
going to happen to a paved road with these conditions. Will it be
like the County Line Road? Will Weld County road funds permit them
to take care of all of these potholes? The road today is in far
better condition then many of the side streets in the the city of
Longmont. The road south of the Ashby resident is in perfect
condition, free from potholes and water conditions such as those
at the north end.
A few years ago one of the school children was almost killed at the
entrance way where the school bus picked up the children, We went
to the school board with a petition to pick up the children on Elmore
road with the agreement that we would provide a 35 foot turn around
which we did. Since then that has been abolished and the bus pulls
in some of the driveways which is illegal. The school bus ordinance
says that every dead end road must provide a 35 foot turn around for
all school buses, therefore, the end of the road must be the turn
around.
We have our problems at the end of the road. We have the drunks who
drive into the irrigation ditch at 2 and 3 o'clock in the morning and
expect us to help them. We also have the late night parties, loud
radios, beer bottles and trash all over for us to pick up the next day.
we also have the people who think they can go to the lake, they slide
their tires turn around and speed north on the road.
We are retired on a fixed income and cannot afforded to put our
money on the road. We moved out here to be in the country otherwise
we would have stayed in the city. Until such time as we feel
paving the road is more beneficial than what we already have the
answer is NO and we have two NO votes.
d_ax,49, 7 d1
Thank your ,Z
Lucille L and Lew D Williams
13523 Elmore Road
Longmont, Colorado
1
0
NOTICE
A petition requesting the formation of an improvement district to
pave one-half mile of Elmore Road in Seemore Heights Subdivision,
Section 30, Township 3 North, Range 68 West of the 6th P . M. ,
Wc'.d Count: , Colorado, has been received by the Board of Weld
County Commissioners. The Board declared its intention to form such
an improvement district and has set a public hearing to be held at
the Sekich Equipment Company Restaurant, located at I-25 and Colorado
Highway 66 , at 7 : 00 P. M. , Wednesday, October 14 , 1981 .
PROPOSED IMPROVEMENTS INCLUDE :
Addition of gravel to existing road base and paving one-half mile
of Elmore Road with two inches of asphalt. Adjacent property owners
will be responsible for providing adequate drainage including culver
in front of their property, and making any adjustments to , or paving
their own driveways. The cost of the project is estimated at
$45, 000 . 00 The individual cost for the property owner is estimated
between $8 . 00 and $10 . 00 per lineal frontage foot.
Under a local improvement district , the State Law provides that the
property owners re-pay the County as determined by the Board of
Commissioners. Property owners may re-pay the County their assess-
ment in full within thirty (30) days or in five (5) deferred annual
installments , at an interest rate equivalent to the AAA Municipal
Bond Rate prevailing on the date that the Board approves constructio:
It is estimated that the interest rate shall not exceed 13% per annui
A map, cost estimate, schedule showing the approximate amounts to
be assess, all resolutions and proceedings , are on file and may be
examined at the Office of the County Engineer, Room #301, 915 10th
Street, Greeley, Colorado between 8 : 00 A. M. and 5 : 00 P . M. Comment.
by the owners of any real estate to be assessed, will be heard by
the Board of County Commissioners before final action is taken there)
Consideration of a resolution authorizing the aforementioned improve
ments is scheduled for October 19 , 1981.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY : Keitha White, Deputy
DATED: September 8 , 1981
PUBLISHED: September 10, 1981 in the Johnstown Breeze
o
ATTENDANCE RECORD
TODAY' S HEARINGS ARE AS FOLLOWS:
ELMORE ROAD IMPROVEMENT DISTRICT
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