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Home My WebLink About890932.tiff AR2195053 RESOLUTION RE: CREATION OF WELD COUNTY ROAD 70/ANTELOPE HILLS LOCAL IMPROVEMENT DISTRICT NO. 1989-4 WHEREAS, the Board of County Commissioners of Weld County, in o Colorado, pursuant to Colorado statute and the Weld County Home 0 ' Rule Charter, is vested with the authority of administering the ti o affairs of Weld County, Colorado, and 0 o WHEREAS, in accordance with Section 30-20-603 , Colorado ▪ Revised Statutes, as amended, certain local improvements may be o initiated by action of the Board of County Commissioners upon o x petition subscribed by a majority of the owners of property who urA would bear more than 1/2 of the total proposed assessments within • the District, and 0 aWHEREAS, the Board of County Commissioners has determined to �crin create a local improvement district which includes all of Antelope Hills Subdivision, First and Second Filings, as recorded in the � x records of the Weld County Clerk and Recorder at Book 648 , • Reception #1570391 , and Book 648 , Reception #1570392 , co u respectively, and O� H WHEREAS, the petition has been filed with the Clerk to the o H Board of County Commissioners and is attached hereto as Exhibit rim "A" , to construct certain improvements on Weld County Road 70, for • a distance of 1 mile east of its intersection with Weld County • yj Road 23 in the form of installation of two-inch-thick asphalt, 24 o w feet wide, in Weld County, Colorado, which improvements are • z described in this Resolution, and - z N o WHEREAS, notice of a public hearing concerning creation of o • the District and the construction and installation of the a improvements therein has been given by publication in one issue of the The New News, a newspaper of general circulation in the can County, not less than thirty days prior to the date of hearing, in `" o addition, a notice was delivered or mailed by first class mail to N N each property owner within the proposed district not less than ten w w days prior to the hearing, and WHEREAS, at the time and place set forth in the notice, the Board of County Commissioners met in open session for the purpose of hearing and considering any objections and protests that might be made against the proposed district or the improvements to be constructed or installed, and 890932 Page 2 RE: WELD COUNTY ROAD 70/ANTELOPE HILLS Ln o WHEREAS, the Board of County Commissioners considered any o U protests and objections presented in writing or by appearance at N o the hearing, and U WHEREAS, the Board of County Commissioners of Weld County, c Colorado, pursuant to the laws of the State of Colorado, hereby o 3 finds and determines that there exists a necessity for the o a creation of a local improvement district within unincorporated in- Weld County, Colorado, to be designated as Weld County Road oa 70/Antelope Hills Local Improvement District No. 1989-4 , and the u construction and installation therein of certain improvements, cn said improvements being found to be in the best interests of the 0 inhabitants of the area. •• w ma NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: w u Z A. That a local improvement district for the construction .-IH and installation of street improvements , to include o H shaping, grading, drainage, g preparation of the base and '-' a grading, compaction, and paving, together with any necessary incidentals on certain County Roads as o win described, is hereby created and established in accordance with the laws of the State of Colorado, z and shall be known and designated as "Weld County Road ro 70/Antelope Hills Local Improvement District No. o 1989-4" . All proceedings heretofore taken by the Board a of County Commissioners and the County staff and then cx ratified in connection with the district are hereby o ratified, approved and confirmed. This proposal to alo create said district was initiated by the Board of „ N County Commissioners by Resolution of July 17, 1989, q w upon a petition, proper in form, subscribed by a majority of the owners of property who will bear the cost of more than 1/2 of the total proposed assessment in the district and notice duly given as heretofore stated. B. That the Engineer' s reports, together with all of the details, specifications, estimates, maps and schedules thereto attached or appended , are hereby approved and adopted. C. That the area to be included within the district includes all lots within Antelope Hills Subdivision, First Filing, and Antelope Hills Subdivision, Second Filing, as recorded in the records of the Weld County Clerk and Recorder at Book 648, Reception #1570391, and 890932 Page 3 RE: WELD COUNTY ROAD 70/ANTELOPE HILLS O o Book 648 , Reception #1570392 , respectively. The a district shall also include the rights-of-way of the m o County roads described herein. ao D. That Weld County, Colorado, has received bids for 0 contracts to shape, grade, drain, prepare the base, and 0 • pave Weld County Road 70, from its intersection with a x Weld County Road 23 , east a distance of 1/2 mile to a v} resulting roadway with two 12-foot paved travel lanes with 4-foot wide gravel shoulders. The base course w preparation is to include final grading, wetting and al x compaction. Paving shall include placement of two Ln inches of hot bituminous pavement. All work is to be built according to Weld County specifications and be approved by the Weld County Engineer. The major a a construction quantities include 752 tons of hot c bituminous pavement and 240 tons of aggregrate to finish rn z the shoulders. i H o F E. That the construction and installation of the - a improvements in and for the district, as shown by the plans, specifications and maps thereof, prepared by the o 1:4 Weld County Engineer and approved by the Board of County Commissioners of Weld County, and now on file in the crIZ office of the Clerk to the Board, be, and the same are hereby authorized and ordered, the materials to be used 0 >, in the construction of said improvements to be in accordance with such maps, plans, and specifications. ,p ,.., F. Probable cost of the improvements described herein, • "o based upon the best information available to this Board � N and formulated in good faith, is Nineteen Thousand Eight w w Hundred Eighty-four and no/100 Dollars ($19 ,884 .00) . This represents an estimate of the costs of the labor and materials for installation of the hot bituminous pavement and base preparation and installation of traffic control devices. Based on the findings and determination of this Board, each of the lots described in Paragraph C herein is to be specifically benefitted on a per lot basis the amount based on costs for materials and labor for the paving in the amount of Seven Hundred Sixty-four and 77/100 Dollars ($764. 77) per lot. Based upon the petition and prior representations of the Board that that amount would not exceed the maximum of Six Hundred Fifteen and 38/100 Dollars ($615. 38) , that sum shall be the amount to be assessed per lot. This figure will not include any costs assumed by the County, including engineering and 890932 Page 4 RE: WELD COUNTY ROAD 70/ANTELOPE HILLS administrative fees, any improvements made to the gravel o 0roads prior to the paving work being performed and any a cost of installation of hot bituminous pavement and p preparation of base exceeding the amount of Six Hundred U Fifteen and 38/100 Dollars ($615.38) per lot. c 3 G. That the assessment to be levied for the improvements shall be due and payable within thirty (30) days after o a the effective date of the assessing Resolution or `f' 2 Ordinance. However, all such assessments may be paid at the election of the owner, in ten equal, annual installments of principal with installments of interest a. C4 on unpaid installments at an interest rate of ten percent (10%) simple interest per annum. The first of us said installments of assessment shall be due and payable a prior to May 1 , 1990 , or at such time as may be a indicated in the assessing Resolution or Ordinance. The crl mu remainder of the annual installments or assessments and z annual payments of interest shall be due and payable '-' successively on the same day each year thereafter until Et all are paid in full. M H. That the Board of County Commissioners , pursuant to o Section 30-20-606, Colorado Revised Statutes, hereby finds and determines that each of the described lots and 2 parcels will specifically benefit from the proposed N improvements based on the following facts: O Q 1) The market value of the property will increase; and a 1/40 N 2) The proposed improvements will adapt the property to more profitable use; and (4 O H N gam( 3) The proposed improvements will facilitate access to the properties and thereby increase the convenience of use of said properties; and 4) There will be an alleviation of fugitive dust, eliminating the health hazards to the benefitted properties and to users of the public roads to be improved; and 5) The alleviation of fugitive dust will reduce maintenance costs to the subject properties and paving will lessen the maintenance required for a public road. 890932 Page 5 O RE: WELD COUNTY ROAD 70/ANTELOPE HILLS 0 U 0 in Q I. That the Board indicates that it has received bids in 0 accordance with Section 30-20-622 , Colorado Revised Q Statutes, and the Weld County Home Rule Charter for the 0 3 construction of the improvements described herein and that the resulting bids were all in excess of the cost to . to have the proposed improvements made by the County and a that; therefore, the work described herein shall be p performed under the direction of this Board of County O Commissioners by the Weld County Road and Bridge rn a Department. •• w m x J. That all Resolutions or parts thereof in conflict with tx this Resolution are hereby repealed, but all portions of a\ i-4 the Resolution indicating the intent to create the co 0 district not in conflict with the provisions of this a+ z resolution are re-enacted as if set forth herein. H H \ W 0 Eti&i The above and foregoing Resolution was , on motion duly made a and seconded, adopted by the following vote on the 23rd day of mm August, A.D. , 1989. 0 Ts]rti m L BOARD OF COUNTY COMMISSIONERS N ATTEST: 2 J WELD COUNTY, COLORADO 0 >+ Weld County' erk and Recorder ' CC and Clerk to the Board C.W. Kirby,*airman a , EXCUSED N 0 BY• -- Cy/cam y , .�, .x,q/ Jac a ine Johnso , Pro-Tem H N Deputy County Clerk mw APPROVED AS TO FORM: ene R. Brant er � George Kenn y — County Attorney Gordbh La y f s' 890932 HEARING CERTIFICATION DOCKET NO. 89-33 RE: CREATION OF WELD COUNTY ROAD 70/ANTELOPE HILLS LOCAL IMPROVEMENT DISTRICT NO. 1989-4 A public hearing was conducted on August 23, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Director of Engineering Services, Drew Scheltinga Director of Finance and Administration, Don Warden The following business was transacted: I hereby certify that pursuant to a notice dated July 17, 1989, and duly published July 20, 1989, in The New News, a public hearing was conducted to consider creation of a local improvement district, to be known as Weld County Road 70/Antelope Hills Local Improvement District No. 1989-4. Lee Morrison, Assistant County Attorney, made this matter of record and noted that a draft of a Resolution creating said district has been prepared for consideration. Drew Scheltinga, Engineering Director, presented information concerning this matter. He said his original estimate was that the cost of paving, to be borne by the district, would be $18, 172.00, with the cost of preparation to be done by the County estimated at $29,280.00. The low bid submitted for the paving was $22,467.10, and the Road and Bridge Director said County crews can do the asphalt work for $19,884.00. No public comment was offered concerning creation of this district. Commissioner Lacy moved to approve the Resolution creating Weld County Road 70/Antelope Hills Local Improvement District No. 1989-4. Seconded by Commissioner Brantner, the motion carried unanimously. This Certification was approved on the 28th day of August, 1989. APPROVED: , �� BOARD OF COUNTY COMMISSIONERS ATTEST: Pte" CL+iJ WELD COUNTY, COLORADO Weld County erk and Recorder GJA-- and Clerk to the Board. C.W. Kirby, Ch rman ti , `By__ Q y � , Ewa-) EXCUSED puty County Cle Jac. .e .e Johnson Pro-Tem A/teliedd6— ene R. Brantner George Kennedy Gord Y TAPE #89-33 DOCKET #89-33 SD0019 890932 ATTENDANCE RECORD PLEASE write or print legibly your name , address and the name of the applicant or Docket # for the hearing you are attending . TODAY' S HEARINGS ARE AS FOLLOWS: AUGUST 23, 1989 DOCKET # 89-35 COZ, I-1 to A (AGRICULTURAL) - ELDRED M. JOHNSON DOCKET # 89-33 CREATION OF ANTELOPE HILL/WCR 70 LOCAL IMPROVEMENT DISTRICT DOCKET # 89-32 CREATION OF KNAUS SUBDIVISION, FIRST FILING, LOCAL IMPROVEMENT DISTRICT NAME ADDRESS HEAPING ATTENDING e/ierE/� ///r 7 7/4 a_u-e u ie�, c, 1613K- . c fl-4�z�tc4(2- r�/ Ji�� ///R ,s )7 1 �V 2714,-1,7 Ce Po/, y ( _ �>7�'� fp 2I r, //O!i �J`Vi/lt� ii i " // ..,..�7____ )/a-CE/1ry, /too 77 Gt,Ci-� 7, 'I •, ,i e1/16-e., 4e44,,,u....• ., 1(11 7 l t (iv' ,4 vJc e 0 8os3Li H i i a awl ei i/0 / . <// l� � .emu y � � � �J6 i,„.C-)10,e,i,/ 6 //9 / 7e be Gi les <'> Ya iy y 890932 NOTICE Docket No. 89-33 OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY ROAD 70/ANTELOPE HILLS LOCAL IMPROVEMENT DISTRICT NO. 1989-4 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS TO INCLUDE COMPACTION, GRADING, AND PAVING, TOGETHER WITH ANY NECESSARY INCIDENTALS, TO A CERTAIN ROAD THEREIN, AND OF A PUBLIC HEARING THEREON. All owners of real estate and property hereinafter described and all persons generally, are hereby notified that the Board of County Commissioners of Weld County, Colorado, has adopted a Resolution declaring its intent to create a local improvement district within an unincorporated area of Weld County, Colorado, to be designated as Weld County Road 70/Antelope Hills Local Improvement District No. 1989-4, for the purpose of constructing and installing street improvements to include compaction, grading, and paving, together with any necessary incidentals, and to assess the cost of said improvements as proposed by petition of owners of the property who would bear more than one-half of the total proposed assessment within the district, all in accordance with the laws of the State of Colorado. 1. All persons are further notified that the kind of improvements proposed and the streets to be improved are as follows: Weld County Road 70, from its intersection with Weld County Road 23, east a distance of one-half mile. The improvements include shaping, grading, draining, and paving the above described roads. The major construction quantities consist of 752 tons of hot bituminous pavement and 240 tons of aggregate to finish the shoulders. 2. The area to he included within the district includes all lots within Antelope Hills Subdivision, First Filing, and Antelope Hills Subdivision, Second Filing, as recorded in the records of the Weld County Clerk and Recorder at Book 648, Reception No. 1570391 , and Book 648, Reception No. 1570392, respectively. The district shall also include the rights-of-way of the County road described herein. 3. The assessment for said improvements may be paid in ten (10) equal annual installments of principal with installments of interest on unpaid installments at an interest rate of ten percent (10%) simple interest per annum. 890332 4. The assessment will be due and payable without demand within thirty (30) days from and after the final publication of a Resolution assessing the cost of said improvements, against the real property described herein in Paragraph 2. In the event any owner of real property shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the assessment against such property shall be payable in not more than ten (10) equal, annual installments of principal with interest on the unpaid installments, as aforesaid. The first of such installments shall be due and payable at such time as may be determined in and by the assessing Resolution or Ordinance and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, unless otherwise determined by the Board of County Commissioners, until they are paid in full. 5. As shown by the estimates of the Weld County Engineer, the total cost of the street improvements to be assessed against the property within the district is estimated not to exceed $18, 172.00. This represents an estimate of the cost of the labor and materials for installation by contract of the hot bituminous pavement and base preparation. The Board of County Commissioners, pursuant to CRS 30-20-606, has preliminarily found and determined that each and every described lot or parcel will specifically benefit from the proposed improvements based on the following facts: a. The market value of each of the properties will increase; b. The proposed improvements will adapt the property to a more profitable use; c. There will be an alleviation of fugitive dust, eliminating the health hazards to the benefited properties and to users of the public roads to be improved; d. The alleviation of fugitive dust will reduce maintenance costs to the subject properties and paving will lessen the maintenance required for a public road; and e. The proposed improvements will facilitate access to each of the properties and thereby increase the convenience of the use of said property. Based on the findings and determinations of the Board of County Commissioners, it is intended that all of the costs of the street improvements will be assessed equally against all of the above described lots, parcels, and tracts. Property owners are specifically referred to the schedule of estimated proposed assessments on file in the office of the Clerk to the Board from which the approximate amount to be assessed against any particular lot may be determined, but further it is stated that the estimated cost per lot is $698.92, based upon the Engineer's cost divided equally among the 26 lots. However, the Board will assume any cost in excess of $615.38 per lot, exclusive of interest and penalties, in accordance with the petition. 890932 6. Upon completion of said improvements, or as soon as the total cost thereof is definitely ascertained, the cost of the total improvements shall be apportioned equally to each of the above described lots. Notice of such apportionment shall be given and a hearing will be held prior to the adoption of a Resolution or Ordinance assessing such cost, all as provided by law. 7. Not less than thirty (30) days after the publication of this Notice, a Resolution authorizing said improvements will be considered by the Board of County Commissioners, to-wit: Wednesday, the 23rd day of August, 1989, at 10:00 A.M. , or at an adjourned meeting thereafter, in the meeting room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. 8. A map, estimate, and schedule showing the approximate amount to be assessed and all Resolutions and proceedings are on file and can be seen and examined by any persons at any time during business hours on or before the date referred to in paragraph 7. 9. All complaints and objections that may be made in writing concerning the proposed improvements by the owner or owners of any real property to be assessed will be heard and considered by the Board of County Commissioners at the meeting specified above, or at some adjournment thereof, before final action shall be taken. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER By: Mary Reiff, Deputy DATED: July 17, 1989 PUBLISHED: July 20, 1989, in The New News 890932 as may tie ang Reed in and by the assessing Resolution or Ordinance d the remainder of ssmd installnts shall be due and payable see::::3455 ively on the same y year thereafter, unless othise determined by nthe Bo of County CommissiHi s, until they are paid in full. 5. As shob the estimates of the Weld County Engineer, the total cost of the street improvements to be assessed °� ' - n it against property within the , , district is estuated not to exceed ' � m'E ,'- $18,172.00. This represents an estimate of the cost of the labor �b i'7 —r§l x.e,ln and materials for installation by P IL: } r rt contract of the hot bituminous 11 ^'e: pavement and base preparation. t7$ The Board of- County '., . �ad.. 30.24606 ohasspreliminarily fouursuant to nd ii art and determined that each and every described lot or parcel will spemhcally benefit frrom the proposed improvements based on the following facts: C a. The market value M each of the properties will increase; b. The prsed improvements e}din will tiabteD N property to a more profitable us e There wt be eliminating Ne ce�tructly health hazas to the benefited for• - talents public r a d to users of the 19804, I jz slants public roads be improved; J. The aviation of tenance � dust will duce maintenance coats to the subjeM ss ertia and aasssess the i of said pa rote will Pessen the —__ emea as ed by ramteance required for a pubhc owners dE`rnan-erty road; and e. The proposed s to each of ha eased will facilitate access Po each of tis nttahed the properties and thereby increase the convenience M the use of said property. State. All person' are further Based on the findings and notifid that the kind of determinations of the Board of County Commissioners, it is itris to°be intended Nat all of the costa of the street vvnnpprovem¢nb will he Weld County assessed equallyibed against all of the t fl east�a ate above described lots. paresis, and mile traMs. half Property owners are edule y The Im rov f include 'referred to the aassesse of p and estimated proposed assessments sfiapinga '.on file b the office of the rth WThhee �ma r �ctllo� the Board tram proposed qquantities coast of tons of assessments on file b the of of hot Wlrilnous pavement and Yte N¢ app'x the Board sr¢m which tons aggregate to finish the .the apprositate amount to be assessed aggaainst ed rtlurthe lot Y. The area to be 'Included is s be determihedY ti ftrther it within the district all lab p stated Nat the estimated coat within the A Hills per ins r $6cost based upon Ow Subdivision Fin F In and :Engineer's coat divided er, the Antelope Hills��ia�d .Boar's Ne 28 Iota. However, N¢ Bard will assume any cost in Filing, recorded b records excess of$815.38pe r lot,exclusion of the Weld Comb rk and of interest and penalties, in Recorder at Rook Big accordance with the petition. NO. 1570391, and hook gib, e. Upon with th o of said Reception No. 1570398, improvements, rore as soon as the respectively. The tri-way rice coste tereat is definitely of the County road herein. ascertained, Ne coat of the tool ai 3. The ass or said a''rrtioned is p� shall be hnprovc a - b the a''ye dl. equally to each of the �1 eepp such porno lots. Notice of principal wt b of such apportionment shall be given inter oil - at the a hearing well be held Vtion to the adoption s a Ruch cost or an rte Sea percent Ordinance assessing such cost, all e e1M interest w�N be dtie as provided by Low. after°a •tom t. Not]es man thiion (30 days after the publication of this Notice, aprovement authorizing zibg /1 said deresioner Board of-wity io'-'1', /� of a N Commissmon¢rs, to-wit: d In a�c,p any Wednesday the 23rd day of , 'praY6'fail to August, 1989 at ]0:00 a.m, or at —u own in adjourned meeting thereafter, pal' _kb m br g in the meeting room of the Weld County Centennial Center, 915 w n cast fof allege 10th Street,Greeley,Colorado. 11 De 8. A map, estimate, and schedule showing the tip roximate Aqua m net tin (101 amount to be assesserg and all equal tat on of resolution and proceedings are on _ prfpgt with on Ne file and can be seen and examined un'e duWit bbuusinescehours ons at or bbefeforremthe — date referred to in paragraph 7. /vi/�/��J� 9. All complaints and objections��7�� c"` `�� /� �/� that may be made in venting �f�� jq./r that may the proposed Improvements by the owner or owners of any real property to be --- - —- assessed will be haerd and �� -.. eonsiderd by the Board of County Commissioners at the meeting specified above, or at some adjournment ct thereof, before final actioion shall be taken. BOARD OF COUNTY 890932 COMMISSIONERS WELD COUNTY COLORADO By: MARY ANN?EUERSTEIN COUNTY CLERK AND y RECORDER DATED: July 17 1989 Mary Reiff,Deputy PUBLISHED: July 20, 1989, in The New News 5. 'town by the estimates of the Weld NOTICE Co . Docket No.89-33 improvements the total cost of the street provements to be assessed against the property within the district is estimated not to OF A PROPOSITION TO CREATE A LOCAL exceed,. 518,172.00. This represents an IMPROVE M®IIF DIs17ICF IN WELD estimate of the cost of the labor and materials COUNTY,COLORADO,TO TIN KNOWN AS for .installation by contract of the hot WELD COUNTY ROAD 10/ANTSU)PE bituminous pavement and base preparation. HILLS LOCAL IMPROVEMENT DISTRICT The Board of County Commissioners, NO. 19894 FOR THE PURPOSE OF pursuant to CRS 30-20-606,has preliminarily CONSTRUCTING AND INSTALLING found and determined that each and every STREET IMPROVEMENTS TO INCLUDE described lot or parcel will specifically benefit COMPACTION GRADING AND PAVING, from the proposed improvements based on TOGETHER WITH ANY NECESSARY the following facts: INCIDENTALS, TO A CERTAIN ROAD THEREIN, AND OF A ironic HEARING a. The market value of each of the THEREON. - properties will increase; AFFIDAVIT OF PUBLICATION All owners of real estate and property b. The proposed improvements will adapt hereinafter described and all persons the property to a more profitable use; STATE OF COLORADO generally,are hereby notified that the Board of County Commissioners of Weld County. c.There will be an alleviation of fugitive SS. Colorado,has adopted a Resolution declaring dust, eliminetog the health hazards to the CO UN OF WELD its intent to create a local its emetic benefited properties and to users of the public roads to be improved; of said County of Weld omty,Colorado,to designa within an ted of I, �4T/ I kV?h7.s Weld County Road 70/Antelope Mils Local d.The allevition of fugitive dust will reduce Weld, being duly sworn, say that I am office mans er of Improvement District No. 1999-N for the maintenance costs to the subject properties g Purpose of constructing end Installing street and paving will lessen the maintenance Improvements to include compaction, Fad- required for a public road;and THE WINDSOR BEACON, INC. lag,and paving,together with any necessary incidentals, and to assess the cost of said e. The proposed improvements will a weekly newspaper having a general circulation in said improvements as proposed by petition of facilitate access to each of the properties and owners of theproperty who would bear proposed thereby increase the convenience of the use County and State, published in the town of WINDSOR, in than of thhee total etproai M of said property. Said County and State; and that the notice, of which the accordance withthe laws of the State of Based on the findings and determinations annexed is a true copy, has been Colorado. of the Board of County Commissioners, it Is 7 intended that all of the costs of the street published in said weekly for 1.All persons are further notified that the improvements will be assessed equally sand kind of improvements proposed and the against all of the above described lots, weeks, that the notice was published in the regular and streets to be improved are as follows: parcels,and tracts. entire issue of every number of the paper during the period Weld County Road 70. from its Property owners are specifically referred to and time of publication, and in the newspaper proper and intersection with Weld County Road 23,east the schedule of estimated proposed assess- not in a supplement, and that the first publication of said a distance of one-half mile. ments on file in the office of the Clerk to the notice was in said paper bearing the date of the The improvements include sha Board from which the approximate amount to Q Pm g, be assessed against any particular lot may be / 9S� ''grading, draining, and paving the above determined,but further it is stated that the / day of Our A.D., 19�described roads. • estimated cost per lot is 5698.92,based upon and the last publication bearin the date of the the The major construction quantifies consist the 26 lots.However,gineer's cost th Boarivided duwill assume of 752 tons of hot bituminous pavement and any cost in excess of 5615.38 per lot, day of 240 tons of aggregate to finish the shoulders. exclusive of interest and penalties, in , A.D.• 19 accordance with the petition. and that the said WINDSOR BEACON has been published 2. The area to be included within thecontinuously and uninterruptedly for the period of 52 district includes all iota within Antelope Hills 6.Upon completion of said improvements, consecutive weeks, in said County and State, prior to the Subdivision,First Fitt,and Antelope Hills or as soon as the total cost thereof is Subdivision,Second P11 g,as recordedin the definitely ascertained, the cost of the total date of first publication of said notice, and the same is a records of the Weld Recorder at Book 648. Clerk and improvements shall be apportioned equally to newspaper within the meaning of an Act to regulate printing Reception each of the above described lots. Notice of of legal notices and advertisements, approved May 18, 1570391, and Book 648, Reception No. such apportionment shall be given and a 1570392,retp cticely.The district shall also hearing will be held prior to the adoption of a 1931, and all prior act so far as in force. include the ft-of-way of the County road Resolution or Ordinance assessing such cost, t. described herein• all as provided by law. 9,t :f.� 3.The assessment for said improvements 7.Not less than thirty(30)days after the may be Paid in ten (10) equal amid publicationof this Notice, a Resolution OFFICE MANAGER imahllments of principal with installments of authorizing said improvements will be interest on ua installments at an interest considered by the Board of County rate of ten percent(10%)simple interest per Commissioners,to-wit:Wednesday,the 23rd annum. day of August, 1989,at 10:00 A.M.,or at an 4.The assessment willbe due and payable adjourned meeting thereafter,in the meeting Subscribed and sworn to before me this der without demand within thirty(30)days from room of the Weld County Centennial Center, Y assessing a the-Seel Pehlkeetiee iOf a mprovements. Resolution 915 10th.Street.Greeley,Colorado. he the provements. of \ �' .Q 1(1/l tin) , 19 against property described herein In 8.A map,estimate,and schedule showing Paragraph 2.In the event any owner of real the approximate amount to be assessed and (lti ' 1{ 7C 9 Iv I A 1 property shall fall to pay the whole of such all Resolutions and proceedings are on file assessement hir bet warm and can be seen and examined by any O PJBLIC said thirty(,^'r days,then the whole cost of persons at any time during business hours on the assessment against such property aRaB be or before the date referred to in paragraph 7. payable in not more than ten (10) equal, My commission expires I-- "CIS annual installments of principal with interest 9. All complaints and objections that may , on he"Paid installments,as aforesaid.The be made in writing concerning the proposed first of such installments shall be due and improvements by the owner or owners of any payable at such time as may be detenninded real property to be assessed will be heard and m and by the assessing Resolution or considered by the Board of County Ordinance and the remainder of said Commissioners at the meeting specified installments shall be due and payable above, or at some adjournment thereof, successively on the same day in each year before final action shall be taken. thereafter, unless otherwise determined by the Ppv4 pf County Cowaiadonersl until BOARD OF COUNTY COMMISSIONERS they are paid in S. ' WELD COUNTY,COLORADO COUNTY�RKANANDEREECCO DE ER Byer Mary peel,deputy DATED,July 17,1989 PUBLISHED, July 20, 1989, In the New News 890932 Published In the Windsor Beacon on August 10,1989. Order No. 8504183 To: Board of County Commissioners Clerk to the Board P. O. Box 758 Greeley, CO 80632 Property Ownership: ANTELOPE HILLS FIRST FILING Weld County, State of Colorado Lot No. Owner Address Parcel No. 1. Henry W. Poos #1 Clift Road 080713202001 Maria W. Poos Windsor, CO 80550 2. Duane A. Kunkel 139 Sunflower 080713202002 Connie Kunkel Windsor, CO 80550 3. David S. Woronoff P. O. Box 1823 080713202003 Karen G. Woronoff Windsor, CO 80550 4. David S. Woronoff P. O. Box 1823 080713202004 Karen G. Woronoff Windsor, CO 80550 5. Clara Rutz 413 Walnut 080713202005 Windsor, CO 80550 6. Joseph Charles Borla,Jr. 401 Edgewood Dr. 080713202006 Chrisann Borla Loveland, CO 80537 7 . David O. Gutierrez 33933 Cliff Rd. 080713202007 Diane L. Gutierrez Windsor, CO 80550 8. Clifford Roberts 11430 Madaket 080713202008 Barbara A. Roberts Windsor, CO 80550 9 . Timothy E. Phagan 33979 Cliff Road 080713201005 Windsor, CO 80550 ANTELOPE HILLS SECOND FILING Weld County, State of Colorado 10. Harold Wayne Smith 11330 Madaket Rd. 080713202009 Janet C. Smith Windsor, CO 80550 11. Robert G. Paul 11320 Madaket Dr. 080713202010 Patricia D. Taylor Windsor, CO 80550 12. Jeffrey G. Manuel 11320 Madaket Rd. 080713202011 Nancy J. Manuel Windsor, CO 80550 13. Gerard Brodzinski 33858 Siasconset Rd. 080713202012 Geraldine R. Windsor, CO 80550 Brodzinski 14 . Paul M. Rhodes 33906 Siasconset Rd 080713201002 Glenda S. Rhodes Windsor, CO 80550 15. Michael F. Sampson 11287 Madaket Rd 080713201003 Ruth Ann Sampson Windsor, CO 80550 16. Gerald R. Mongan P. O. Box 163 080713201004 Dorothy A. Mongan Eaton, CO 80615 17. Paul Henderson 11323 Madaket Rd 080713201007 Windsor, CO 80550 18. John F. Burford 1725 Eastwood Ct. 080713201006 Barbara E. Burford Fort Collins , CO 80525 page 1 89€ 932 Order No. 8504183 To: Board of County Commissioners Property Ownership Page 2 ANTELOPE HILLS SECOND FILING Weld County, State of Colorado Lot No. Owner Address Parcel No. 19 . William H. Rexford 11316 WCR 70 080713201008 Dianna L. Rexford Windsor, CO 80550 20. Dale T. Winder P. O. Box 1372 080713201009 Connie S. Winder Windsor, CO 80550 21. Christopher M. Tometich 33976 Siasconset Rd 080713201001 Peggy J. Tometich Windsor, CO 80550 22. David M. Deheck 33973 Siasconset 080713203001 Luella J. Deheck Windsor, CO 80550 23. Margie A. Walker Box 670 080713203002 Windsor, CO 80550 24. Sheldon Royce Stroman 33901 Siasconset Rd 080713203003 Brenda L. Stroman Windsor, CO 80550 25. Harold W. Drieth 33875 Siasconset Rd 080713203004 Irene J. Drieth Windsor, CO 80550 26. G. John Brunner 33847 Siasconset 080713203005 Sherron A. Brunner Windsor, CO 80550 We hereby certify that the above are the property owners of record to June 29 , 1989 at 7 : 00 A.M. TRANSAMERICA TITLE INSURANCE COMPANY BY R6Y1?/9/nav ( e4iitn*< Authorized Signature 890932 BID REQUEST NO. SET NO. SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ANTELOPE FTLiS SUBDIVISION .49 MILE OF PAVING WELD COUNTY, COLORADO JUNE, 1989 WELD COUNTY, ENGINEER WELD COUNTY COLORADO DEPT. OF ENGINEERING -1- 833932 "'' °• OY 41 Ill 43,t iailliel . ii. . \, C CC �. ...TEN �\, ; 'I=,. • ,. I I ` 1 �. ,iv;r-.le " .: �. �• C? i. a ,. Nu -\h ' I J • __._I • 1.1• • V)- - - ,. fp.... I '• li 1 I . . :•;' .. ,s I n o \ • I . Pik is y u® ,• .; i 1 • • , ,• T' I •\ . a _ ,... \--11E.•j4... _ ,_ I 1 1 , �n • J • IIIIIIIIIins . , ..,,,, ,,urivi . a , . ,,, . 1. ,.. ,:mi .,1,-,:p.ac.. , a74 UPC 'IM ' Mari IV. II;I C iiiti NI 1 '' ..:..,:�� f,;, SIP 1�:. ..• ' 1 1 ''172. Pill �17 ii 74I 0: ifikt .k1 I I 4 Ica' di,IN roll gar ap• reran • - • d . 1„Its 1116 i Q ....anagi „, zAi � / 1 �'�!sa� • � � �,rK c., • ...t res, may b�a iii �i a ii j a , Ili *,‘, rik i OIL MISFSIMMairlasilerialZ,Lal 1 f"y.on lar , .., --t a :tr._4r- , : ••• • Ill 021 :ft ....r.,..1 r. ( . ...,,..:„ ._, „,,T ., , a 4 , i el - ti. , 4\ • , a ‘iietrarilraWntio ;al 54... w • I Y � r' 893 \'_ I I '�,. '• ��„ ,=.w e 9 IR.� an,-. t\ i ice' �r--••J4 ,/� i f tI ,.n. vr. �v. •,. �.,sjs t.• ffi ur. 1� • tS•p,„:,, ',e`j^ S •I�`_ V 3EVER4-NCE) Co. • I tL 4 .V \A 1 PaoaECT SR ES. / bs. •' V , .^ WELD Cauiaty ROAD -TO .~ 441,:t."! 1, 22 21 19R th9 1L% I! 1 101 -a24 'S , l2 �� „..• j HILL SUB. 25 !3 i' ' S'73 4 26 . 6 Frst Fili N 5 _ _:.} , Q fl •• � / Rau 3 ; A y t- • I 0 U D 3i 13 I . 6TaTE Nwy 392 I —3— 890932 TABLE OF CONTENTS TITLE ARTICLE GENERAL DOCUMENTS 1 SPECIAL CONDITIONS 2 GENERAL CONDITIONS 3 TECHNICAL PROVISIONS 4 -4- 890932 ARTICLE 1 GENERAL DOCUMENTS Advertisement for Bids Information for Bidders Non-Collusion Statement Bid Bid Schedule Bid Bond Notice of Award Agreement Performance Bond Payment Bond Insurance Requirements Notice to Proceed Change Order Notice of Contractor's Settlement Final Receipt and Guarantee -5- 890932 ADVERTISEMENT FOR BIDS Weld County, Colorado will receive sealed bids for the following project: LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION .49 MILE OF PAVING Bids will be received by the Purchasing Department in Room 301, 915 - 10th Street, Greeley, Colorado, until 1989 at A.M. (WELD COUNTY PURCHASING TIME CLOCK), at which time said bids will be publicly opened in Room 301. The Contract Documents may be examined at the office of the Weld County Engineer, 933 North 11th Avenue, 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 resident Weld County bidders in all cases where the bids are competitive in price and quality. WELD COUNTY, COLORADO BY Pat Persichino Purchasing Director Dated: The New News -6- 890932 INFORMATION FOR BIDDERS Bids will be received by Mr. Pat Persichino, Purchasing Director for the Board of Weld County Commissioners (herein called the "County"), at the Weld County Purchasing Department, Room 301, 915 10th Street, Greeley, Colorado until , and then at said place publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to: MR. PAT PERSICHINO, PURCHASING DIRECTOR P.O. BOX 758 915 10TH STREET, GREELEY, COLORADO 80632 Each sealed envelope containing a bid must be plainly marked on the outside as bid for LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION .49 MILE OF PAVING and the envelope should bear on the outside the name of the bidder, his address, 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: Mr. Pat Persichino, Purchasing Director, Weld County, 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 County may waive any informalities or minor defects or reject any and all bids. Any bid may 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 County and the bidder. Bidders must satisfy themselves of the accuracy of the estimate quantities in the Bid Schedule(s) by examination of the site and a review of the drawings and specifications, 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 County 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. -7- 890932 The Contract Documents contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the County or any other person shall not affect the risks or obligations assumed by the contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a Bid Bond payable to the County for five percent of the total amount of the bid. As soon as the bid prices have been compared, the County 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 Bond 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 County, will be required for the faithful performance of the Contract. 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 County will be entitled to consider all your rights arising out of the County's acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The County will be entitled to such other rights as may be granted by law. 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 form. In case of failure of the bidder to execute the Agreement, the County may at his option consider the bidder in default, in which case the Bid Bond accompanying the proposal shall become the property of the County. The County 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 County not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such Notice of Withdrawl shall be effective upon receipt of the notice by the County. The Notice to Proceed shall be issued within ten (10) days of the execution of the Agreement by the County or as otherwise stated in the Special Conditions. Should there be reasons why the Notice to Proceed -8- 890932 cannot be issued within such period, the time may be extended by mutual agreement between the County and the contractor. If the Notice to Proceed has not been issued within the ten (10) day period or within the period mutually agreed upon, the contractor may terminate the Agreement without further liability on the part of either party. The County may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any bid if evidence submitted by, or investigation of, such bidder fails to satisfy the County that such bidder is qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. The County 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 than fifteen (15) calendar days after date of the Notice to Proceed issued by the County to the contractor and shall complete the work as specified, ready to use, within the time specified in the Contract. In the event no written Notice to Proceed is issued by the County, 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 County 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 County. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction 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. The County, 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. -9- 890932 The low bidder shall supply the names and addresses of major material suppliers and subcontractors when requested to do so by the County. The Engineer is the Weld County Department of Engineering, 933 North 11th Avenue, Greeley, Colorado 80632; phone (303) 356-4000, extension 4750. -10- 890932 NON-COLLUSION STATEMENT , being first duly sworn, deposes and says that: (1) He is the (owner, partner, officer, representative, or agent) of , the bidder that has submitted the attached bid; (2) He is fully informed respecting the preparation and contents of the attached Bid of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any unlawful agreement, any advantage against Weld County or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by a collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signed: Title Subscribed and sworn to before me this day of , A.D. , 19 Title My Commission expires: - -11- 890932 LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION .49 MILE OF PAVING 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 "County"). In compliance with your Advertisement for Bids, bidder hereby proposes to perform all work for the WELD COUNTY ROAD 70/ANTELOPE HILLS SUB. in strict accordance with Contract Documents, within the time set forth herein, 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 specified in the Special Conditions. Bidder further agrees to pay any liquidated damages as provided in the Special Conditions. Bidder acknowledges receipt of the following Addendum: Bid shall include all applicable taxes and fees. Bidder agrees to perform all work described in the Contract Documents for the following unit prices or lump sum: * Insert "a Corporation", "a Partnership", or "an Individual" as applicable. -12- 890932 BID SCHEDULE LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION .49 MILE OF PAVING ITEM ESTIMATED UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT 304 Aggregate Shoulder 240 Ton $ $ (Class 6 - ABC) 306 Base Preparation 9,297 S.Y. $ $ 403 Hot Bituminous Pvmt 800 Ton $ $ Grading E (overlay) 614 Traffic & Signing -- L.S. -- $ TOTAL $ Bidder must complete all of schedule. Respectfully submitted, Date: Official Address: Bidder: Signature: Title: (Seal - If a Corporation) Attest: -13- 890932 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and Surety, are hereby held and firmly bound unto the BOARD OF WELD COUNTY COMMISSIONERS 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 , 1989. The condition of the above obligations is such that whereas the Principal has submitted to the BOARD OF WELD COUNTY COMMISSIONERS a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION NOW THEREFORE, (A) If said Bid 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 therewith, and shall in all other respects perform the Agreement created by the acceptance of said bid, then this obligation shall be void, otherwise, 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 County may accept such bid; and said Surety does hereby waive notice of any such extension. -14- 890932 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: -15- 890932 NOTICE OF AWARD TO: PROJECT DESCRIPTION: DISTRICT WELD L ROAD OT COUNTY 70/ANTELOPE HILLS SUBDIVISION The County, represented by the undersigned, has considered the bid submitted by you for the above described work in response to its Advertisement for Bids dated , 1989. 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 County will be entitled to consider all your rights arising out of the County's acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The County 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 County. Dated this day of , 1989. THE BOARD OF WELD COUNTY COMMISSIONERS (County) BY: Title: -16- 890932 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this day of , 1989. 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 the State of Colorado. -17- 890932 AGREEMENT THIS AGREEMENT, made this day of , 1989 by and between THE BOARD OF WELD COUNTY COMMISSIONERS, AND doing business as hereinafter called "contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The contractor will commence and complete the phased construction of LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION 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 Special Conditions and shall complete the work within the time stated in the Special Conditions 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 the project WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION -18- 890932 5. The term "Contract Documents" means and includes the following: (A) Advertisement (B) Information on Bidders (C) Bid (D) Bid Bond (E) Agreement (F) Supplemental General Conditions (G) Payment Bond (H) Performance Bond (I) Notice of Award (J) Notice to Proceed (K) Change Order (L) Drawings prepared by Weld County Engineering Department, numbered (M) Specifications prepared or issued by (N) Addendum No. , dated , 1989 No. , dated , 1989 No. , dated , 1989 (0) Notice of Contractor's Settlement (P) Final Receipt and Guarantee (Q) Other 6. The County 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, administrators, successors, and assigns. -19- 890932 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above. BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR BY BY NAME C.W. Kirby NAME Chairman (Please Type) TITLE Address (SEAL) (SEAL) ATTEST: ATTEST: NAME NAME (Please Type) (Please Type) TITLE TITLE -20- 890932 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Name of Contractor Address of Contractor a , hereinafter called Principal, and Corporation, Partnership, or Individual Name of Surety Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 80632, hereinafter called County, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, 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 County, dated the day of , 1989, a copy of which is attached and made apart hereof for the construction of: LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertaking, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the County, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. -21- 890932 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract of the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed on day of , 19 ATTEST: Principal Principal Secretary By (S) (SEAL) Witness as to Principal Address Address 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 a partnership, all partners should execute bond. 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 the state where the project is located. -22- S90332 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Name of Contractor Address of Contractor a , hereinafter called Principal, and Corporation, Partnership or Individual Name of Surety Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, P.O. Box 758, Greeley, Colorado 80632, hereinafter called County, in the penal sum of Dollars ($ ) in a lawful money to the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, 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 County, dated the day of , 1989, a copy of which is hereto attached and made a part hereof for the construction of: LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION NOW, THEREFORE, if the Principal shall, during the entire length of said Contract and any extension thereof, promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, 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 subcontractor 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 -23- 890932 way 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 a final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each one of which shall be deemed an original, this the day of ,1989. Principal ATTEST: BY (S) Principal Secretary (SEAL) Witness as to Principal Address Address Surety ATTEST: 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 a partnership, all partners should execute bond. 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 the state where the project is located. -24- 890932 INSURANCE REQUIREMENTS The contractor shall secure and maintain such insurance policies as will protect himself, his subcontractors, and COUNTY OF WELD, from claims for bodily injuries, death or property damage, which may arise from operations under this Contract whether such operations be by himself or by any subcontractor or anyone employed by them directly or indirectly. The following insurance policies are required: (a) Statutory Workmen's Compensation (b) Contractor's Public Liability and Property Damage Bodily Injury: Each Person $150,000 Each Accident $400,000 Property Damage: Each Accident $100,000 Aggregate $400,000 (c) Automobile Public Liability and Property Damage Bodily Injury: Each Person $100,000 Each Accident $400,000 Property Damage: Each Accident $400,000 The Certificate of Insurance must show Weld County, Colorado as an additional insured. All policies shall be for not less than the amounts set forth above or as stated in the Special Conditions. Other forms of insurance shall also be provided if called for by the Special Conditions. Certificates or copies of policy of such insurance shall be filed with the County along with the Performance and Payment Bonds, and shall be subject to his approval as to adequacy of protection, within the requirements of the specifications. Said Certificates of Insurance shall contain a 30-day written notice of cancellation in favor of the County. -25- 890932 NOTICE TO PROCEED TO: DATE: PROJECT: WELD COUNTY ROAD 70/ ANTELOPE HILLS SUBDIVISION You are hereby notified to commence work in accordance with the Agreement dated , 1989, on or before , 1989, and you are to complete the work within ( ) consecutive calendar days thereafter. The date of completion of all work is therefore, , 1989. THE BOARD OF WELD COUNTY COMMISSIONERS (County) By Title ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by this the day of 19 By Title -26- 890932 CHANGE ORDER CHANGE ORDER NO. DATE: PROJECT: WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION TO (CONTRACTOR): JUSTIFICATION: You are directed to make the following changes in the work. All other terms and conditions of the contract not expressly modified hereby shall remain in full force and effect. ITEM NO. DESCRIPTION EST. QTY. UNIT UNIT COST AMOUNT The original contract sum was $ Net change by previous change orders $ The contract sum prior to this Change Order was. .$ The contract sum will be (increased) (decreased) or (unchanged) by this Change Order $ The contract sum including this Change Order will be $ The new contract time will be (increased) (decreased) or (changed) by ( ) days. The date of completion as of the date of this Change Order is therefore , 19 ACCEPTED BY: ORDERED BY: THE BOARD OF WELD COUNTY COMMISSIONERS Contractor Address: P.O. Box 758 Greeley, Co 80632 Address By Chairman of the Board By Date Date -27- 890932 NOTICE OF CONTRACTOR'S SETTLEMENT This is to notify all persons interested that Weld County, Colorado will make final payment to for work completed on WELD COUNTY ROAD 70/ANTELOPE HILLS SUBDIVISION for the BOARD OF WELD COUNTY COMMISSIONERS. Said final payment will be made on , 1989. Anyone having claims in conjunction with this project may file same with the undersigned no later than , 1989. WELD COUNTY By Pat Persichino Purchasing Director Weld County Centennial Center Greeley, Colorado 80631 Dated: THE NEW NEWS GREELEY TRIBUNE -28- 890932 FINAL RECEIPT AND GUARANTEE Weld County, Colorado (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 of said Contract and extra work performed thereunder, said payment 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 Dollar ($1.00) for the execution hereto, and the undersigned hereof releases THE BOARD OF WELD COUNTY COMMISSIONERS 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 said improvements under the foregoing Contract and all additions thereto have been paid in full. The undersigned further certifies that all work has been completed in a workmanlike manner in conformity with the plans and specifications. 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 County, the undersigned shall replace any such defective material and remedy any such defective work to the satisfaction 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 and Payment Bonds for this Contract shall remain in effect for the period of the guarantee. LOCAL IMPROVEMENT DISTRICT WELD COUNTY ROAD 70/ Name ANTELOPE HILLS SUBDIVISION By Title -29- 890932 ARTICLE 2 SPECIAL CONDITIONS -30- 890932 ARTICLE 2 SPECIAL CONDITIONS Paragraph Description 2.01 General Intention 2.02 Contract Time 2.03 Liquidated Damages 2.04 Pay Quantities 2.05 Water for Construction 2.06 _ Working Hours 2.07 Weather Limitations 2.08 Mailboxes 2.09 Taxes 2.10 Project Safety 2. 11 Changes in the Work 2.12 Changes in Contract Price 2.13 Payment 2.14 Index of Retained Modules Test 2.15 Material Specification 2. 16 Base Preparation 2. 17 Hot Bituminous Pavement 2. 18 Traffic and Signing 2.19 Bituminous Paver 2.20 Compaction 2.21 Survey 2.22 Duties of the Inspector 2.23 Inspection and Testing of Work 2.24 Aggregate Shoulder -31- 89093z ARTICLE 2 SPECIAL CONDITIONS 2.01 General Intention. It is the declared and acknowledged intention to do .49 mile of base preparation (wetting, blading, shaping) prior to placing two (2) inches of hot bituminous pavement on Weld County Road 70, twenty-four (24) feet wide with four (4) foot shoulders, ready to use. 2.02 Contract Time. The time allowed for completion of this Contract shall be twenty (20) days. The construction time shall begin and end If construction continues beyond the contract time period or the time is extended, the contractor will be assessed liquidated damages as stated hereafter. The party to whom the Contract is awarded will be required to execute the Agreement and obtain the Performance Bond, Payment Bond and Certificate of Insurance. Weld County, Colorado must be shown as an additional insured on the Certificate of Insurance. The party to whom the Contract is awarded will be required to execute the Agreement and obtain the Performance Bond, Payment Bond and Certificate of Insurance within ten (10) calendar days from the date when Notice of Award is delivered to the bidder. 2.03 Liquidated Damages. The contractor agrees that he can and will complete 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, the liquidated damages schedule will be applied: Original Contract Amount From More Than To and Including Daily Charge $ 0 $ 25,000 $ 85 25,000 50,000 140 50,000 100,000 205 100,000 500,000 280 500,000 1,000,000 420 1,000,000 2,000,000 560 2,000,000 4,000,000 840 4,000,000 8,000,000 1120 8,000,000 10,000,000 1400 These rates will be assessed per calendar day in excess of the time period allotted. -32- 890932 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 Working Hours. Unless special arrangements are made with the Engineer, work shall be done only during regular and commonly accepted or prescribed working hours. No work shall be done at night, holidays, or Sundays unless special permission shall be given by the Engineer. 2.07 Weather Limitations. Bituminous material shall not be applied on a wet surface; or when the temperature is below 60 degrees F, unless otherwise specified. 2.08 Mailboxes. Mailboxes will be reset where required by the contractor and the cost is to be included in the base bid. 2.09 Taxes. Except as may be otherwise provided in this Contract, the contract price is to include all applicable taxes, but does not include any tax from which the County and contractor are exempt. Upon request by the contractor, the County shall furnish a Tax Exemption Certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this provision. 2. 10 Project Safety. The contractor shall take all reasonable precautions in the performance of the work under this Contract to protect from all hazards to life and property, and shall comply with all health, safety and fire protection regulations and requirements. 2.11 Changes in the Work. The County 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 price 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. 2.12 Changes in Contract Price. The contract price may be changed only by a Change Order. The value of any work covered by the 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: -33- 890932 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. 13 Payment. Partial payment under the Contract shall be made at the request of the contractor once each month, based upon partial estimates to be furnished by the contractor and approved by the Inspector or Engineer. In making such partial payment, there shall be retained ten percent (107) of the estimated amounts until final completion and acceptance of all work covered by the Contract; provided, however, that the Inspector or Engineer at any time after fifty percent (50%) of the work has been completed, if he finds that satisfactory progress is being made, shall recommend that the remaining partial payments be paid in full. In preparing estimates for partial payment, the material delivered on the site and preparatory work done may be taken into consideration. 2. 14 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 Modules (MR), as determined by the moisture susceptibility test and shall not be less than 70. 2.15 Material Specification. Material specification and reference in the plan are in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, 1986. The contractor will submit asphalt mix formulas and aggregate formulas in writing prior to the job start. State Highway Mix Formulas and aggregate tests on the materials to be used are acceptable. 2.16 Base Preparation. This work shall consist of blading, shaping, wetting and compacting the subgrade with moisture and density control just ahead of the laydown operation in accordance with these specifications, at locations and in reasonably close conformity with the details shown on the plan or stakes. 2. 17 Hot Bituminous Pavement. This work shall consist of laying a two (2) inch lift of asphalt twenty-four (24) feet wide, grading E, tie new asphalt to existing entrances at the subdivision, and Weld County Road 23. -34- 89033z This is to be constructed on the prepared base course in accordance with these specifications and the specific requirements of the type under contract, and in reasonably close conformity with the lines, grades, thicknesses and typical cross sections shown on the plans. After the job-mix formula is established, all mixtures furnished for the project shall conform thereto within the established range. At the discretion of the Engineer, the job-produced hot bituminous plant mix may be tested for conformance to the criteria. Failure to meet any of the criteria shall be grounds to require the contractor, at his expense, to take corrective action before being permitted to continue production. The contractor's proposed job-mix formula for each hot bituminous pavement grading will be tested by the County or a reasonable state-mix will be acceptable. It shall be based on materials actually produced and stockpiled for use on the project. 2.18 Traffic and Signing. Roads are to remain open to local traffic. The contractor will provide signing and flagging in accordance with the Manual on Uniform Traffic Control Devices, and the cost for signing will be paid for separately. It is the full responsibility of the contractor to maintain all signs and barricades throughout the project. If the signs or barricades are not up, the Engineer may shut down the project until signs or barricades are placed. If for any reason visual contact is lost between the flag people, it will be necessary to use the two-way radios, additional flag personnel, pilot car or all the above. The contractor will provide temporary pavement marking and it will be paid for under Item 614, Traffic and Signing. A four (4) inch piece of reflectorized, temporary lane marking cap shall be placed on 100 foot centers at the completion of the paving. The contractor will install the temporary marking on the center line only. The surface to which the tape is applied shall be clean, dry and free of dirt, oil and grease. The tape shall be pressed down immediately after application until it adheres properly and conforms to the surface. 2.19 Bituminous Paver. The paver shall be a self-contained, power-propelled unit provided with an activated screed or strike-off assembly, heated if necessary, and capable of spreading and finishing courses of bituminous plant mix matetion in widths applicable to the specified typical section and thicknesses shown on the plans. The paver machine shall be equipped with an automatic control system which will control the elevation of the screed and which is automatically actuated by a system of -35- 890932 sensor-operated devices which sense and follow reference lines or surfaces on one or both sides of the machine as required. The automatic control system shall be capable of working with the following devices: (1) Ski-type device at least 30 feet in length (2) Short ski or short shoe (3) At least 5,000 feet of control line and stakes 2.20 Compaction. The plant mix bituminous pavement shall be compacted by rolling. Both steel wheel and pneumatic tire rollers will be required, unless otherwise approved. The number, weight and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable condition. Compaction shall begin as soon as possible after the mixture is placed and be continuous until the required density is obtained. When the mixture surface temperature falls below 185 degrees F, no further compaction effort will be permitted unless approved. 2.21 Survey. The contractor will be required to make all detail surveys needed for construction, including center line layout and grade stakes. The cost of surveying shall be included in the base bid. 2.22 Duties of the Inspector. Inspectors employed by the County will be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacturing of the materials to be used. The Inspector will not be authorized to alter or waive the provisions of the Contract. The Inspector will not be authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the contractor. 2.23 Inspection and Testing of Work. All materials and each part or detail of the work shall be subject to inspection by the Inspector or Engineer. The Inspector shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. The Inspector or Engineer will furnish copies of test results that indicate out of specification material to the contractor promptly, as the test results become available. Such inspections and tests may not constitute acceptance of the materials or work so tested or inspected, and the County may reject or accept any work or materials at any time prior to the inspection. -36- 890932 2.24 Aggregate Shoulder. Four (4) foot shoulder area; both sides will be compacted with Aggregate Base Course Class 6. Material is to be placed adjacent to the pavement along the four (4) foot shoulder area. The contractor may use a shouldering machine or belly dump material along the edge of the pavement. Shoulders shall be wetted and compacted. -37- 890932 • l' ROAD CONSTRUCTION ONE LANE ROAD 1000 FT. 01 SPEED LIMIT 25 BE PREPARED TO STOP FLAGMAN 01 1.0 0,5 FRESH OIL I. ROAD L MACHINERY 0 O Y AHEAD O O END CONSTRUCTION OSPEED OMIT 55 CONST. AREA 0 O • O O O} MAIN LINE SIGNING PAVEMENT OVERLAY 890932 ARTICLE 3 GENERAL CONDITIONS -39- 890932 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 ROYALTIES 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 PRE-CONTRACT EXAMINATION AND DISCOVERY OF DISCREPANCIES DURING WORK 17 CHANGES IN THE WORK 18 EXTENSION OF TIME 19 CANCELLATION OF CONTRACT 19 (A) -40- 890932 CLAIMS 20 CORRECTION OF WORK BEFORE FINAL PAYMENT 21 SUSPENSION OF WORK 22 THE COUNTY'S RIGHT TO TERMINATE CONTRACT 23 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT 24 REMOVAL OF EQUIPMENT 25 RESPONSIBILITY FOR WORK 26 PARTIAL COMPLETION AND ACCEPTANCE 27 PAYMENTS WITHHELD PRIOR TO FINAL ACCEPTANCE OF WORK 28 CONTRACTOR'S INSURANCE AND INDEMNIFICATION 29 SURETY BONDS 30 CONTRACTOR'S INSURANCE 31 ASSIGNMENT 32 RIGHTS OF VARIOUS INTERESTS 33 SEPARATE CONTRACTS 34 SUBCONTRACTS 35 ENGINEER'S STATUS 36 ENGINEER'S DECISIONS 37 ARBITRATION 38 LANDS FOR WORK 39 CLEANING UP 40 ACCEPTANCE AND FINAL PAYMENT 41 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 42 WARRANTIES 43 SUBLETTING OF CONTRACT 44 LIQUIDATED DAMAGES 45 -41- 890932 PAY QUANTITIES 46 WORKING HOURS 47 WEATHER LIMITATIONS 48 UNDERGROUND OBSTRUCTIONS 49 ADVANCE NOTICE 50 WORK DONE WITHOUT LINES OR GRADES 51 TAXES 52 PROJECT SAFETY 53 CHANGES IN THE WORK 54 CHANGES IN CONTRACT PRICE 55 PAYMENT 56 GUARANTEES 57 • NON-DISCRIMINATION 58 -42- 890932 2 SECTION 1 - DEFINITIONS (a) The Contract Documents shall consist of the Advertisement for Bids, Information for Bidders, Non-Collusion Statement, Bid, Bid Schedule, Bid Bond, Notice of Award, Agreement, Performance Bond, Payment Bond, Insurance Requirements, Notice to Proceed, Change Order, Notice of Contractor's Settlement, Final Receipt and Guarantee, the Drawings, and the Specifications, including all modifications thereof incorporated in any of the documents before the execution of the Contract. (b) The County and the contractor are those named as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. (c) Wherever in this contract the word "Engineer" is used, it shall be understood as referring to the County Engineer, acting personally or through any assistants duly authorized-by the Engineer. (d) Any written notice served pursuant to the terms of the Agreement shall be deemed to have been duly served if delivered in person or by registered mail to the individual, or to a partner, or to an officer of the corporation for whom it is intended, or any authorized representative thereof. (e) The term "subcontractor" shall mean anyone, other than the contractor, who furnished at the site, under an Agreement with the contractor, labor, or labor and materials, or labor and equipment, but shall not include any person who furnishes services of a personal nature. (f) Work shall mean the furnishing of all labor, materials, equipment, and other incidentals necessary to the successful completion of the Contract and the carrying out of all the duties and obligations imposed by the Contract. (g) Extra work shall mean such additional labor, materials, equipment, and other incidentals as are required to complete the Contract for the purpose for which it was intended, but was not shown on the drawings or called for in the specifications, or is authorized by the County in addition to that work called for in the drawings and specifications. (h) Dispute shall mean lack of agreement between any parties that have any obligations, duties, or responsibilities under the terms of the contract drawings, or specifications. (i) Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; and for all other work and operations which must be performed prior to beginning work on the various items on the project site. -43- 890932 SECTION 2 - EXECUTION AND CORRELATION OF DOCUMENTS The Agreement shall be signed in duplicate by the County and the contractor. The Contract Documents are complementary and what is called for by any one shall be as binding as if called for by all. In case of conflict between drawing and specifications, the specifications shall govern. Special specifications shall govern over standard specifications. Materials or work described in words, which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards. SECTION 3 - DESIGN, DRAWINGS AND INSTRUCTIONS It is agreed that the County will be responsible for the adequacy of design and sufficiency of the drawings and specifications. The County, through the Engineer, shall furnish drawings and specifications which adequately represent the requirements of the work to be performed under the Contract. All such drawings and instructions shall be consistent with the Contract Documents and shall be true developments thereof. Drawings and specifications which adequately represent the work to be done shall be furnished prior to the time of entering into the Contract. The Engineer may, during the life of the Contract, and in accordance with Section 18, issue additional instructions, by means of drawings or other media, necessary to illustrate changes in the work. SECTION 4 - COPIES OF DRAWINGS FURNISHED Unless otherwise provided in the Contract Documents, the Engineer will furnish to the contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. SECTION 5 - ORDER OF COMPLETION The contractor shall submit, at such time as may reasonably be requested by the Engineer, schedules which shall show the order in which the contractor proposes to carry on the work, with dates at which the contractor will start the several parts. The special provisions or plans may require that certain phases or parts of the work be completed first or in a certain order. If the contractor elects to use PERT or CPM Charts, he shall furnish copies of them to the Engineer upon request. SECTION 6 - OWNERSHIP OF DRAWINGS All drawings, specifications and copies thereof furnished by the County shall not be reused on other work by the contractor. -44- 890932 SECTION 7 - FAMILIARITY WITH WORK The County has endeavored to ascertain all pertinent information regarding site conditions, and subsurface conditions, and has, to the best of his ability, furnished all such information to the contractor. Such information is given, however, as being the best factual information available to the County, but is advisory only. The contractor, by careful examination, shall satisfy himself as to the nature and location of the work, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way, affect the work under this Contract. SECTION 8 - CHANGED CONDITIONS The contractor shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the County in writing of: (1) Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract; or (2) Previously unknown physical or other conditions at the site, of an unusual nature, not generally recognized as inherent in work of the character provided for in this Contract. The Engineer shall promptly investigate the conditions, and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or the time required for, performance of this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. Any claim of the contractor for adjustment hereunder shall not be allowed unless he has given notice as above required; provided that the Engineer may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final settlement of the Contract. If the parties fail to agree upon the adjustment to be made, the dispute shall be determined as provided in Section 38 hereof. SECTION 9 - MATERIALS AND APPLIANCES Unless otherwise stipulated, the contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials shall be of good quality. The contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. SECTION 10 - EMPLOYEES The contractor shall at all times enforce strict discipline and good order among his employees, and shall seek to avoid employing, for the contract, any unfit person or anyone not skilled in the work assigned to him. -45- 880932 Adequate sanitary facilities shall be provided by the contractor. "Employees of the contractor and/or any subcontractor working on the project shall not be considered as employees of the Board of County Commissioners of Weld County, nor shall they be entitled to any of the benefits provided to Weld County employees." SECTION 11 - ROYALTIES AND PATENTS The contractor shall pay all applicable royalties and license fees. He shall defend all suites or claims for infringement for any patent rights and save the County harmless from loss on account thereof, except that the County shall be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or manufacturers is specified, unless the County has notifed the contractor prior to the signing of the Contract that the particular process, design, or product is patented or is believed to be patented. SECTION 12 - SURVEYS Unless otherwise specified, the County shall furnish all surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of bench marks adjacent to the work. From the information provided by the County, the contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines and elevations. The contractor shall be responsible for any mistakes made in his detail surveys. The contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their necessary loss or disturbance. SECTION 13 - PERMITS, LICENSES AND REGULATIONS Permits and licenses of a temporary nature, necessary for the prosecution of the work shall be secured and paid for by the contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the County, unless otherwise specified. The contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing. Any necessary changes shall be adjusted in the Contract for changes in the work. -46- 890932 SECTION 14 - PROTECTION OF THE PUBLIC AND OF WORK AND PROPERTY The contractor shall provide and maintain all necessary watchmen, barricades, warning lights and, signs in accordance with the Manual on Uniform Traffic Control Devices, latest edition, and take all reasonable precautions for the protection and safety of the public. He shall continuously maintain reasonable protection of all work from damage, and shall take all reasonable precautions to protect the County's property from injury or loss arising in connection with this Contract. Streets and highways shall be kept free of dirt and litter from contractor's handling operations. The contractor shall take reasonable precautions to protect private property adjacent to the project from such nuisances as dust, dirt, rock and excessive noise. He shall make good any damage, injury or loss to his work and to the property owner resulting from lack of reasonable protective precautions, except as such may be due to errors in the Contract Documents, or caused by agents of adjacent private and public property, as provided by law and the Contract Documents. SECTION 14 (A) - EMERGENCY WORK In an emergency affecting the safety of life or of the work or of adjoining property, the contractor is, without special instructions or authorization from the Engineer, hereby permitted to act at his discretion to prevent such threatening loss or injury. He shall also so act, without appeal, if so authorized or instructed by the Engineer. Any compensation claimed by the contractor on account of emergency work, shall be determined by agreement or in accordance with Section 38. SECTION 15 - INSPECTION OF WORK All materials and equipment used in the construction of the project shall be subject to adequate testing in accordance with generally accepted standards as required by the Contract Documents. The County shall provide sufficient competent personnel, working under qualified supervision for the inspection of the work, while such work is in progress, to ascertain that the completed work will comply in all respects with the standards and requirements set forth in the specifications. The inspector designated by the County is, in the first instance, the judge of the performance of the Contract as it relates to the compliance with the specifications, quality of workmanship, and material. Notwithstanding such inspection, the contractor will be held responsible for the acceptability of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the contractor shall provide proper facilities for such access and for inspection. -47- 890932 If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the contractor shall give the Engineer timely notice to its readiness for inspection, and if the inspection is by an authority other than the Engineer, a date shall be fixed for such inspection. Inspections by the Engineer shall be promptly made, and where practicable, at the source of supply. If any work required to be inspected should be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the contractor's expense, unless the Engineer has unreasonably delayed inspection. Reexamination of any work may be ordered by the Engineer, and if so ordered, the work must be uncovered by the contractor. If such work is found to be in accordance with the Contract Documents, the County shall pay the cost of reexamination. If such work is not in accordance with the Contract Documents, the contractor shall pay such cost. SECTION 16 - SUPERINTENDENCE The contractor shall keep on his work at all times during its progress, a competent superintendent and/or responsible assistants. The superintendent shall represent the contractor and all directions given to him shall be binding as if given to the contractor. Important directions shall immediately be confirmed in writing to the contractor. Other directions shall be so confirmed or written request in each case. SECTION 17 - PRE-CONSTRUCTION EXAMINATION AND DISCOVERY OF DISCREPANCIES DURING WORK Before submitting his proposal, the contractor will examine all construction plans and the entire and complete specifications and will become well and fully informed as to the materials and the character of the work required, the relationship of all the particular parts of the work, and he will visit and inspect the site, observing and examining the conditions existing. After the execution of the Contract, no consideration will be granted for any misunderstanding of the materials to be furnished or the work to be done, it being mutually understood that the tender of the proposal carried with it an agreement to this end and all other conditions mentioned in the Contract and the specifications, and implied a full and complete understanding of them and all construction plans, drawings, notes, indications, and requirements. Should anything be omitted from the construction plans or specifications necessary to the proper completion of the work herein described, it shall be the duty of the contractor to so notify the County before signing the Contract, and in the event of failure of the contractor to give such notice, he shall make good any damage or defect in his work caused thereby without extra charge. -48- 890932 No allowance will be made for lack of full knowledge of all conditions, except such underground conditions as are determined after commencement of the work and were unknown to the contractor. If the contractor, in the course of the work, finds any discrepancy between the drawings and the physical conditions of the locality, or any error or omissions in drawings or in the layout as given by survey points and instructions, he shall immediately inform the Engineer, in writing, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the contractor's risk, except in the event of an emergency. SECTION 18 - CHANGES IN THE WORK At any time by written order, the County may make changes in the drawings and specifications or scheduling of the contract within the general scope. All such work shall be executed under the time constraints of the original contract, except that any claim for extension of time caused thereby, shall be allowed and adjusted at the time of ordering such change or at such time as it can be ascertained. In giving instructions, the Engineer shall have authority to make minor changes in the work not involving extra cost, and not inconsistent with the purpose of the work. Except in an emergency endangering life and property, no extra work or change shall be made unless in pursuance of a written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless the additional work was so ordered. The contractor shall proceed with the work as changed and the value of such work or change shall be determined as provided for in the Agreement herein. SECTION 19 - EXTENSION OF TIME (a) Extension of time stipulated in the Contract for completion of the work will be made when changes in the work occur, as provided in Section 18; when the work is suspended as provided in Section 24; and when the work of the contractor is delayed on account of conditions which could not have been foreseen, or which were beyond the control of the contractor, his subcontractors, or suppliers, and which were not the result of their fault or negligence. Extension of time for completion shall also be allowed for any delays in the progress of the work which in the opinion of the Engineer, entitles the contractor to an extension of time. (b) The contractor shall notify the Engineer promptly of any occurrence or conditions which in the contractor's opinion, entitle him to an extension of time. Such notice shall be in writing and shall be submitted in ample time to permit full investigation and evaluation of the contractor's claim. Failure to provide such notice shall constitute a waiver by the contractor of any claim. -49- 890932 SECTION 19 (A) - CANCELLATION OF CONTRACT Failure of the contractor to comply with any of the requirements of the Contract and the specifications, may be considered as evidence of the inability on the part of the contractor to maintain the quality and service standards deemed necessary, and shall be sufficient cause . for the cancellation of the Agreement and the initiating of legal action against the Performance Bond of the contractor. SECTION 20 - CLAIMS If the contractor claims that any instructions by drawings or otherwise, issued after the date of the Contract, involve extra cost under the Contract, he shall give the Engineer written notice thereof within ten (10) days, after the receipt of such instruction. In any event, such notice should be given before proceeding to execute the work. An exception may be emergencies endangering life or property, at which time the procedure shall then be as provided for under Changes in the Work. No such claim shall be valid unless so made. SECTION 21 - CORRECTION OF WORK BEFORE FINAL PAYMENT The contractor shall promptly remove from the premises all materials and work condemned by the Engineer as failing to meet Contract requirements, whether incorporated in the work or not, and the contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the County and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. All removal and replacement work shall be done at the contractor's expense. If the contractor does not take action to remove such condemned work and materials within ten (10) days after written notice, the County may remove them and store the material at the expense of the contractor. If the contractor does not pay the expense of such removal and storage within ten (10) days time thereafter, the County may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall pay to the contractor any net proceeds thereof, after deducting all the costs and expenses that should have been borne by the contractor. SECTION 22 - SUSPENSION OF WORK The County may at any time suspend the work, or any part thereof, by giving three (3) days notice to the contractor in writing. -50- 890932 SECTION 23 - THE COUNTY'S RIGHT TO TERMINATE CONTRACT If the contractor should be adjudged a bankrupt, or if he should make a general assignment for 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 fail, except in cases for which extensions of time are provided, to supply enough properly skilled workmen or materials, or if he should fail to make payments to subcontractors for material or labor so as to affect the progress of the work, or persistently be guilty of a substantial violation of the Contract, then the County, upon the written notice of the Engineer that sufficent cause exists to justify such action and without prejudice to any other right or remedy, and after giving the contractor and his Surety seven (7) days' written notice, terminate the employment of the contractor and take possession of the premises and of all materials, tools, equipment and other facilities installed on the work and paid for by the County, and finish the work by whatever method he may deem expedient. In such case, the contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such expense shall be paid to the contractor. If such expense shall exceed such unpaid balance, the contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the contractor's default, shall be certified by the Engineer. Where the Contract has been terminated by the County, said termination shall not affect or terminate any of the rights of the County then existing or which may thereafter accrue because of such default as againt the contractor and his Surety. Any retention or payment of monies by the County due the contractor under the terms of the Contract, shall not release the contractor or his Surety from liability for the contractor's default. SECTION 24 - CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of more than three (3) months, through no act or fault of the contractor or of anyone employed by him, or if the County should fail to make partial payment to the contractor of an undisputed sum within forty-five (45) days after its maturity and presentation, then the contractor may, upon seven (7) days' written notice to the Engineer, stop work or terminate this Contract and recover from the County, payment for all work executed, plus any loss sustained upon any plant or materials plus reasonable profit and damages. -51- 890932 SECTION 25 - REMOVAL OF EQUIPMENT If the cause of termination of this Contract before completion from any cause whatever, the contractor, if notified to do so by the County, shall promptly remove any part or all of his equipment and supplies from the property of the County, failing which the County shall have the right to exercise control over and to remove equipment and supplies at the expense of and without recourse by the contractor. SECTION 26 - RESPONSIBILITY FOR WORK The contractor assumes full responsibility for the work. Until final acceptance, the contractor shall be responsible for damage to or destruction of the work, except for any part covered by partial acceptance as set forth in Section 27 and except such damage or destruction which is caused by the negligent or willful acts of the County. SECTION 27 - PARTIAL COMPLETION AND ACCEPTANCE If at any time prior to the issuance of the final certificate referred to in Section 41 hereinafter, any portion of the permanent construction has been satisfactorily completed to the Engineer's satisfaction, and if the Engineer determines that such portion of the permanent construction is not required for the operations of the contractor, but is needed by the County, the Engineer shall issue to the contractor a Certificate of Partial Completion, and thereupon or at any time thereafter, the County may take over and use the portion of the permanent construction described in such certificate. The issuance of a Certificate of Partial Completion shall not be construed to constitute an extension of the contractor's time to complete the portion of the permanent construction to which it relates, if he has failed to complete it in accordance with the terms of this Contract. The issuance of such a certificate shall not operate to release the contractor or his Sureties from any obligations under this Contract or the Performance Bond. If such use increases the cost of or delays the work, the contractor shall be entitled to extra compensation, or extension of time, or both, as the Engineer may determine, unless otherwise provided. SECTION 28 - PAYMENTS WITHHELD PRIOR TO FINAL ACCEPTANCE OF WORK As a result of subsequently discovered evidence, the County may withhold or nullify the whole or part of any Certificate of Payment to such extent as may be necessary to protect himself from loss occasioned by: -52- 890932 (a) Defective work not remedied by the contractor (b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against the contractor for work done on the project (c) Failure of the contractor to make payments properly to subcontractors or for material or labor (d) Damage by the contractor to subcontractors or to another contractor When the above grounds are removed, or the contractor provides a Surety Bond satisfactory to the County which will protect the County in the amount withheld, payment shall be made for amounts withheld because of them. No monies may be withheld under (b) and (c) if a Payment Bond is included in the Contract. SECTION 29 - CONTRACTOR'S INSURANCE AND INDEMNIFICATION The contractor shall secure and maintain such insurance policies as will protect himself, his subcontractors, and Weld County, Colorado, its employees and agents, from claims for bodily injuries, death or property damage, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or any employed by them directly or indirectly. The following insurance policies are required and must be evidenced by Certificates of Insurance: (a) Statutory Workmen's Compensation (b) Contractor's Public Liability and Property Damage Bodily Injury: Each person $150,000 Each accident $400,000 Property Damage: Each accident $100,000 Aggregate $400,000 (c) Automobile Public Liability and Property Damage Bodily Injury: Each person $100,000 Each accident $400,000 Property Damage: Each accident $400,000 Certificates of Insurance must show "Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents" as an Additional Insured. -53- 890932 All policies snail be for not less than the amount set forth above or as stated in the Special Conditions. Other forms of insurance shall also be provided if called for by the Special Conditions. All Certificates of Insurance must be filed with the Engineer along with the Performance and Payment Bonds, and shall be subject to his approval as to adequacy of protection, within the requirements as stated herein. Said Certificates of Insurance shall contain a thirty (30) days' written notice of cancellation in favor of the County. The contractor shall indemnify and hold harmless Weld County, Colorado, by and through the Board of County Commissioners of Weld County, its employees and agents, from and against any and all claims, damages, losses, injuries, and expenses, including attorney's fees, arising out of or resulting from, the performance of the work. SECTION 30 - SURETY BONDS The County shall have the right, prior to the signing of the Contract, to require the contractor to furnish Payment and Performance Bonds in such form as the County may prescribe in the bidding documents and executed by one or more financially responsible Sureties licensed to do business in the State of Colorado. The premiums for said bonds shall be paid by the contractor. Such bonds shall cover the entire contract amount, regardless of changes therein, shall remain in full effect for a period of one year from the date of issuance of a Certificate of Completion, and shall be filed with the Engineer prior to the commencement of any work on the project. SECTION 31 - CONTRACTOR'S INSURANCE The contractor shall secure and maintain insurance to one-hundred (1007) percent of the insurable value of the entire work in the Contract and any structure attached or adjacent thereto against fire, earthquake, and other perils as he may deem necessary and shall name the County and subcontractors as Additional Insured. SECTION 32 - ASSIGNMENT Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other and its Surety, nor shall the contractor assign any monies due or to become due to him hereunder, except to a bank or financial institution acceptable to the County. -54- 890932 SECTION 33 - RIGHTS OF VARIOUS INTERESTS Wherever work being done by the County's forces, utility companies, or by other contractor's forces is contiguous to work covered by this Contract, the respective rights of the various interests invoiced shall be established by the Engineer, to secure the completion of the various portions of the work in general harmony. (a) Before issuance of final payment, the contractor, if required in the Special Conditions, shall certify in writing to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, or otherwise satisfied. If the Contract does not include a Payment Bond, the contractor may submit in lieu of Certification of Payment, a Surety Bond in the amount of the disputed indebtedness or liens, guaranteeing payment of all such disputed amounts, including all related costs and interest in connection with said disputed indebtedness or liens which the County may be compelled to pay upon adjudication. (b) The making and acceptance of the final payment shall constitute a waiver of all claims by the County, other than those arising from unsettled liens, from faulty work appearing within the guarantee period, provided in the Special Conditions, from the requirements of the drawings and specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the contractor, except those previously made and still unsettled. (c) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the contractor, and the Engineer so certifies, the County shall, upon certificate 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. (d) If the County fails to make payment as herein provided, there shall be added to each payment daily interest at the rate of six (6%) percent per annum commencing on the first day after said payment is due and continuing until payment is delivered or mailed to the contractor. SECTION 34 - SEPARATE CONTRACTS The County reserves the right to let other contracts in connection with this project. The contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the contractor's work depends upon the work of any other contractor, the contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. -55- 890932 SECTION 35 - SUBCONTRACTS The contractor shall, as soon as practicable after signing the Agreement, but in any event prior to the performance of any work by a subcontractor, notify the County, in writing, of the names of subcontractors proposed for the work, designating the portions of work to be performed by each. The contractor agrees that he is as fully responsible to the County for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the County. SECTION 36 - ENGINEER'S STATUS The Engineer shall perform technical inspection of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. SECTION 37 - ENGINEER'S DECISIONS The Engineer shall, within a reasonable time after the presentation to him, make decisions in writing on all claims of the contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. SECTION 38 - ARBITRATION Any controversy or claim arising out of or relating to this Contract, or the breach thereof, which cannot be resolved by mutual agreement, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. SECTION 39 - LANDS FOR WORK The County shall provide, as indicated on Drawing No. and not later than the date when needed by the contractor, the lands upon which the work under this Contract is to be done, rights-of-way for access to same, and such other lands which are designated on the drawing for the use of the contractor. Any delay in the furnishing of these lands by the County shall be deemed proper cause for an equitable adjustment in both contract price and time of completion. The contractor shall provide, at his own expense and without liability to the County, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. -56- 890932 SECTION 40 - CLEANIw UP The contractor shall remove, at his own expense from the County's property and from all public and private property, all temporary structures, rubbish and waste materials resulting from his operations. This requirement shall not apply to property used for permanent disposal of rubbish or waste materials in accordance with permission of such disposal granted to the contractor by the County thereof where such disposal is in accordance with local ordinances and is approved by the Engineer. SECTION 41 - ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is substantially completed or ready for final inspection and acceptance, the Engineer will promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed or substantially completed, he shall promptly issue a certificate, over his own signature, stating that the work required by this Contract has been substantially completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the contractor, including the retained percentage, unless a retention based on the Engineer's estimate of the fair value of the claims against the contractor and the cost of completing the uncompleted or unsatisfactory items of work with specified amounts for each incomplete or defective item or work, is due and payable. No final payment shall be made by the County unless and until the contractor has certified in writing to the Engineer that all payroll, material bids, and other indebtedness connected with the work have been paid or otherwise satisfied. The making and acceptance of the final payment shall constitute a waiver of all claims by the County other than those arising from unsettled liens, from faulty work appearing within the guarantee period provided in the Special Conditions, from the requirements of the drawings and specifications or from manufacturer's guarantee. It shall also consititute a waiver of all claims by the contractor, except those previously made and still unsettled. If, after the work has been substantially completed, full completion thereof is materially delayed through no fault of the contractor and the Engineer so certifies, the County shall, upon certificate of the Engineer, and without terminating the Contract, make payment of 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 is shall not constitute a waiver of claims. -57- • 890932 SECTION 42 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Laws and Regulations: The contractor shall keep himself fully informed of all city and county ordinances and regulations, and state and federal laws, which in any manner affect the work herein specified. He shall, at all times, observe and comply with said ordinances, regulations, or laws, caused by the negligent actions of the contractor, his agent, or employees. SECTION 43 - WARRANTIES The contractor shall guarantee his work against defective materials or workmanship for a period of one (1) year from the date of the project or portions thereof are put into service, or from the date of final acceptance, whichever occurs first. SECTION 44 - SUBLETTING OF CONTRACT The contractor shall not sublet, sell, transfer, assign, or otherwise dispose of the contract, or of his rights, title, or interest therein, without written consent of the County. The contractor may utilize the services of specialty subcontractors on those parts of the project which, under normal contracting practices, are performed by specialty subcontractors. The contractor shall not award work to subcontractors in excess of fifty (50%) percent of the contract price without prior written approval of the County. The contractor shall be as fully responsible to the County for the acts and omissions of his subcontractors and of persons directly employed by him, as he is for the acts and omissions of persons directly employed by him. The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the project to bind the subcontractors to the contractor by the terms of the Contract Documents, and to give the contractor the same power as regard to terminating any subcontract that the County may exercise over the contractor under any provision of the Contract Documents. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the County. Subcontracts, or transfer of contract, shall not release the contractor of his liability under the contract and bonds. -58- 890932 SECTION 45 - LIQUIDATED DAMAGES The contractor agrees that he can and will complete the project within the prescribed time limit as stated in Section 2.02 (Special Conditions) and within the time as may be extended. In the event the contractor fails to complete the work within the allotted time limit, the following liquidated damages will be applied: Original Contract Amount From More Than To and Including Daily Charge $ 0 $ 25,000 $ 85 25,000 50,000 140 50,000 100,000 205 100,000 500,000 280 500,000 1,000,000 420 1,000,000 2,000,000 560 2,000,000 4,000,000 840 4,000,000 8,000,000 1,120 8,000,000 10,000,000 1,400 These rates will be assessed per calendar day for each day which the contractor fails to finish the work in excess of the time period allotted. The parties agree that the liquidated damages, as stated herein, are not a penalty and are reasonable, given the expected harm from a dealy in completion, the difficulty in proving actual loss, and the inadequacy of any other remedy. SECTION 46 - PAY QUANTITIES The contractor shall be paid on a unit-price basis as indicated by the proposal for the actual quantities installed. SECTION 47 - WORKING HOURS Unless special arrangements have been made with the Engineer, work shall be done only during regular and commonly-accepted or prescribed working hours. No work shall be done at night, holidays, or on Sundays unless special permission shall be given by the Engineer. SECTION 48 - WEATHER LIMITATIONS Bituminous plant mix shall be placed only on properly constructed and accepted layers that are free from water, snow, or ice. The bituminous mixtures shall be placed in accordance with the temperature limitations of the following table and only when weather conditions otherwise permit the pavement to be properly placed and finished, as determined by the Engineer or inspector. -59- 890932 Placement Temperature Limitations Compacted Layer Thickness Air and Surface Temperature Minimum (degrees F) Top Layer of Layers Below Pavement Top Layer 1 or Less 70 50 1 to 3 50 40 3 -- 30 Note: Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. The 70°F requirement for one (1") inch or less layer thickness is reduced to 60°F above 7,500 foot elevation. When it is in the public interest, the Engineer or inspector may waive minimum temperature requirements for placing prime coats and layers of bituminous mixtures below the top layer of the completed pavement. SECTION 49 - 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 obstruction. 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 Engineer will endeavor to familiarize the contractor with all underground utilities and obstructions, but this will not relieve the contractor from full responsibility for anticipating all underground obstructions. The contractor is responsible for notifying, requesting location verification, and keeping the respective utility owners information 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 County and the Engineer or inspector free from any claim, either directly or indirectly, from any damages to any and all utilities. 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 relocating and/or adjustment. -60- 890932 SECTION 50 - ADVANCE NOTICE It shall be the responsiblity of the contractor to notify the Engineer or inspector sufficiently in advance of his operations to enable the Engineer or inspector to set the required control stakes and marks. 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 to construct staking. (b) Two (2) working days' notice for all staking except for emergencies. (c) Two (2) days' written notice shall be delivered to the Engineer or inspector prior to any work done on Saturdays, Sundays, nights, and legal holidays. The failure of the contractor to provide minimum notices will not be considered for time extensions or extra compensations. SECTION 51 - 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 or established by the Engineer or inspector and found to be improper, may be ordered removed and replaced at the contractor's expense. SECTION 52 - TAXES Except as may be otherwise provided in this Contract, the contract price is to include all applicable taxes, but does not include any tax from which the County shall furnish a Tax Exemption Certificate or similar evidence of exemption with respect to any such tax not included in the contract price, pursuant to this provision. SECTION 53 - PROJECT SAFETY The contractor shall take reasonable precautions in the performance of the work under this Contract to protect all from hazards to life and property, and shall comply with all health, safety and fire protection regulations and requirements. -61- 890932 SECTION 54 - CHANGES IN THE WORK At any time by written order, the County may make changes in the drawings and specifications or scheduling of the Contract within the general scope. All such work shall be executed under the time constraints of the original contract, except that any claim for extension of time caused thereby shall be allowed and adjusted at the time of ordering such change or at such time as it can be ascertained. 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 on the bid. Changes may occur to a maximum of twenty-five (25%) percent the applicable unit price, or lump sum may be negotiated and an equitable adjustment shall be authorized by Change Order. SECTION 55 - CHANGES IN CONTRACT PRICE The contract price may be changed only by a Change Order. The value of any work covered by the 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 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 on an amount to be agreed upon, but not to exceed fifteen (15%) percent of the actual cost of the work to cover the cost of general overhead and profit. SECTION 56 - PAYMENT Partial payment under the Contract shall be made at the request of the contractor once each month, based upon partial estimates to be furnished by the contractor and approved by the Engineer or inspector. In making such partial payment, there shall be retained ten (10%) percent of the estimated amounts until final completion and acceptance of all work covered under the Contract; provided however, that the Engineer at any time after fifty (50%) percent of the work has been completed, finds that satisfactory progress is being made, shall recommend that the remaining partial payment be paid in full. In preparing estimates for partial payments, the material delivered on the site and preparatory work done, may be taken into consideration. SECTION 57 - GUARANTEES The contractor shall guarantee his work against defective materials or workmanship for a period of one (1) year from the date the project or portion thereof are put into service, or from the date of final acceptance, whichever occurs first. -62- 890932 Contractor warrants and guarantees to the County that all equipment and materials furnished under this Contract are free from all defects in workmanship and materials. Contractor shall remove from the project area, all work or materials rejected by the County or its inspector for failure to comply with the Contract Documents, whether incorporated in the construction or not. The contractor shall promptly replace the materials or re-execute the work in accordance with the Contract Documents and without expense to the County which are or become defective due to such defects within one (1) year after the date of receipt by the County. The contractor shall also bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. Should the contractor fail to proceed properly and in accordance with the guarantee, County may have such work performed at the expense of the contractor. SECTION 58 - NON-DISCRIMINATION In connection with the performance of work under this Contract, the contractor agrees not to refuse to hire, discharge, promote, or demote, or discriminate in matters of compensation against any person otherwise qualified, solely because of race, creed, sex, color, national origin, or ancestry; and further agrees to insert the foregoing provision in all subcontracts hereunder. -63- 890932 ARTICLE 4 TECHNICAL PROVISIONS -64- 890932 TECHNICAL PROVISIONS The technical specifications for material, manufacturing and construction shall be in accordance with the following cited Section of the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, 1986, unless otherwise stipulated in this document. References to the Division shall mean Weld County and all documentation required will be handled through the Weld County Department of Engineering. Section 106.01 Source of Supply and Quality 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 Measurements of Qualities 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 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 Section 306.02 Construction Requirements Section 401.01 Plant Mix Pavements - General Description -65- 890932 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 401.15 Spreading and Finishing Section 401.17 Compaction Section 401.18 Joints Section 401.19 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 Description 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 Material 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 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 Aluminun Pipe Section 712.03 Hydrated Lime -66- 890932 Form No.C-147 Transameri ca Title Insurance Services r BOARD OF COUNTY COMMISSIONERS 7 CLERK TO THE BOARD P. O. BOX 758 GREELEY, CO 80632 L L WE ARE PLEASED TO HAVE THE OPPORTUNITY TO BE OF SERVICE. PLEASE CALL US IF WE MAY BE OF FURTHER ASSISTANCE. 690932 Hello