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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 4-i O r CO • en d' r-1 m a)• U]N 0 N H en N 0 N N N H d' m co CO N - {J N m d r m N 0 N H• 0 >-1 r m H H H H (.0 a >y m CO to •c CO en < H d' m C H CO H F"' }J -PW O N O 01 01>-IO U] c0 N H H o • U 'O N Q'H M CO WI9 1l H CO H CO N CO }1 C) a N H 7r CO H co CO O Q1 CO coLn N H rHi H 0 ff H O gyai Ul 0 a O ((CC In CO m N N N H tr. U] C) r1 r r CO CO N HI C •HI CO N N N re) o co co co r U] C C N rclC) m N en H O O v Oi H a rti in N H H H H CO 4-1 En WHRH CO H 1/49 N o N m U) Nto N H H H O to U N�1 U ''H 14 N W 41 HI N r in m in m rrl }l r CO d N m H W OW al enH CO 0 m N H id on U CO N H H H H tHI C +l ml N N O O N H CO N m �, w N P HI U] m r CO N N CO H C.) co H -P N b dH' CO cov .HH HI H H H O ��-1 m HH co r co co 3 LO a Ul O N H Q. < rl N d' H H in CO N Cl E W 5H� 1] N co co m N H U] it .HI ›' C U] CO N H H HI HI N Ca z U O U O O zKC v W 0\0 Hl ,Cy' p r) HC O co r co CO co W d W ,HR d r d d d co O O N N CO rn in 0 o H C 41 �a < W U N m H H H H k 'C) H +l . R H U] -U P o U] in H U P CO m `C rn o N CO HrH H fcC a � H�] N a5 N V' 0 o d' rn 114 3 C H r NHI 0 N H C 0 C4 nl a0 KC C < HH CO CO N CO HHH M 'o a v N HI . I 0 O com H N al 00 ° U N • rH C v H CO H 11 H r 0 H d' -HI F] to o co CO co 0 0 3 N rg U co m N HI H H v 1] Nl O Lzi ] d H co d' en CO U U) -rl 0 in H CO to N N in• cn CD U O N CO 41 N id N N d d co ' N uO O N H N a m m m U HI ro ro a' m N r to in d' C C CC Hy N r CO N en N o HI •,--IW .c Z G. W ['. U] CO d N NN H H in x U W Hi r CO co in to CO H rrl( r coto ' Ol HCo p + COd COH N N N O Z HI }1 HI N d' HI d' CO N N- CO CO lf) in CO N . E N CO 01 d' CO al U] CO HI d' to H l0 CO 0 N O CO CO N Q . CO d' HH Hi U] CC 0 S • DEPARTMENT OF ENGINEERIF PHONE 1303) 356-0000 EXT.4 P.O.BOX 3 GREELEY,COLORADO 80E i '144 ..-4: 9 O w, • 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 1 6 5 4 3 _ • 11 6 12 7 S 9 10 • 11 1'? 7 • • 13 1S 17 16 15 14 13 18 • 19 • tot-or vsa a Aua/F-✓ny --------- -- 3 30 29 25 27 26 23 30 Jo 36 31 „f 33 , J•° 33 33 JG 31 1 6 5 _ 3 2 1 6 • • is. - 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 L. i-S AV kE,ci , k 27! /36Z.2_ --14-019 1,-Tea /372Z S% %Gt.¢qfrrti (7 /377 E.piy✓r4-f-2. a �, J1/.�� a.2a- /3.y/ (le i "damn w / 37y/ S , C.. / .3 7 p4 r ,Z-s,.,.-� CZ- 3 t7 E l � 3 &go .,,-t.� , ,3( e7 "-. ,et4 iybdozzi..A> is 90 9 6.-- er : / fif°ili oh 9O? E Q Ed , - .eai 3e/ `. -4/ 3/-0r /1/ �, one, c3`19 —S— etc i--Re ..e- il /2 7 £bwre et /?-m `. , ' . , celi- I) 730 et-e92-€ d J ��rL. IC d •'' `���2�zco /i�243J��is-r�.�. .3 '&� �5D �.�i- tecill),\CC-hi-14-CA/ /3s3-c rim-i.e./Lc/4 • , , w I. I .% 3 SSO 1L.6uo e -2�, G__. _ . \-68(:) , uvw,rt_ 9. /�- /32° 1 60-me as ,, 1 /SMI effitzt6_,a / Vi,,,g,„ --/, 4. �1 v1 /aG-37) F-.�r czo JA. • 0 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 1 '� I` /7Zo-ye efi ,, 7. _ t./!4!-7 L 12 7 9 V • • , •r..a • • 411 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 • 0 Z CC W . w �` 0 W Cf 0 a J 0 O / w u 2 W N m / N U) o Q 6 3 Co N 5 G 0 W • m W W > 0 ► � Z Y O -j 0v x I:I y w a W ti � w wx a2. x 0 ` O U a 1D • FC N Q W I 0 U F m 1 o W Q A cc w o i to w a o1I m o) Qa x I J N• i• F Q I- 0 O_ z r N a Q` 3 5 il w e - G o Z a p O cc I— • J - Fx U a a W w F- m 2 o U) Z 00x ,I w H � a 0 o r w Wco W o ..I FCr Cn N Q a u_ Q z a O 0 N ' y oW Q F 0 o Z N . O mCC > Z " x a. o to F m ;.I >cw a X z O m wLLr- I o w •3j x F .I N Z N -J X > x \ • IX< W 0 0 0 O O Ix N V) 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 1of3 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 3of3 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 $10 . 00 per lineal frontage foot. Under a local improvement district , the State Law provides that the property owners re-pay the County as determined by the Board of Commissioners. Property owners may re-pay the County their assess- ment in full within thirty (30) days or in five (5) deferred annual installments , at an interest rate equivalent to the AAA Municipal Bond Rate prevailing on the date that the Board approves constructio: It is estimated that the interest rate shall not exceed 13% per annui A map, cost estimate, schedule showing the approximate amounts to be assess, all resolutions and proceedings , are on file and may be examined at the Office of the County Engineer, Room #301, 915 10th Street, Greeley, Colorado between 8 : 00 A. M. and 5 : 00 P . M. Comment. by the owners of any real estate to be assessed, will be heard by the Board of County Commissioners before final action is taken there) Consideration of a resolution authorizing the aforementioned improve ments is scheduled for October 19 , 1981. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY : Keitha White, Deputy DATED: September 8 , 1981 PUBLISHED: September 10, 1981 in the Johnstown Breeze o ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: ELMORE ROAD IMPROVEMENT DISTRICT PLEASE write or print legibly your- name, address0xtCp§gxgagx$x*gsxkiskincl SZAxxxac tis appththozitaxboc 5cx x}xeczaR iltxSabtx2 cctx #titReEkRgx NAME ADDRESS // , ��� i 1 2-ei` k-/ 'i I+�Lc.4(1GJ�-c_._ . . / qT g ,�Y/�'.-Zc? xy ` mo" hi.D�,y// o.0 cc \ O �n a hss� / e /�/so w i. .,S a �'� G C fry o f 7Vk I M� 3.r-u-c.& 4, i 13776 TJor•-0r-t li'cv? 47: ivy Ca 80 5o/ 7 A kitif a,Q, ,., )34 WI ZPl,...., ,// 6Ct1� ��„t ,rt1� koso/ ! / (14 /3 Par EP uieesp ! it e Pn9 C / c a."- " \s.a.„4-.� /3 7 G i cc�-- •-•w �et_ ` 2,-- --C- -- 3-°o a o / -c 4 L,w / 3 Y6/ "iienea 1/4-74i,1/4-74i, l�p am. ��4-. S-175-,/ tge.'ir_.? Soso/ 74 .4._ni,. / ()fig min /lwa,vnte 136S0 ("mate ,4. 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