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RESOLUTION
RE: APPROVE SECOND AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK
GRANT CONCERNING THE WATTENBERG WATER PROJECT AND AUTHORI-
ZATION FOR THE CHAIRMAN TO SIGN
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, on the 18th day of May, 1983, the Board of County
Commissioners approved a contract between Weld County and the
Colorado Department of Local Affairs concerning the Wattenberg
Water Project, and
WHEREAS, the Larimer-Weld Regional Council of Governments
and the Wattenberg Improvement Association have requested
changes in the original contract, and
WHEREAS, the Board of County Commissioners has been pre-
sented with a second amendment to the contract between Weld
County and the Colorado Department of Local Affairs, and
WHEREAS , the Board, after consideration, deems it advis-
able to approve said amendment, a copy of which is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the second amendment
to the Community Development Block Grant between Weld County
and the Colorado Department of Local Affairs concerning the
Wattenberg Water Project be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign said second amendment.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
June, A.D. , 1984.
` � .}- BOARD OF COUNTY COMMISSIONERS
ATTEST: `1ard WEED COUNTY, COLORADO
Weld County lerk and Recorder
and Clerk to the Bo Norman Con, Chairman
d
EXCUSED
uty County lerk Ja elin J nson, Tem
APPROV AS TO FORM:
e tner
County Attorney Chuck Carlson
LHR 358
hn T. Mar 840631
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'�® L RTMENT OR AGENCY NUMBER
32 00 00
CONTRACT ROUTING NUMBER
SECOND AMENDMENT.
CONTRACT
THIS CONTRACT, made this day of
State of Colorado for the use and benefit of the Department of 't Local Affairs, 1313 Sherman
the
Street, Denver, Colorado 80203,
hereinafter referred to as the State, and '2 Weld County, Colorado
hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001
G/L Account Number , Contract Encumbrance Number
: and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies: and
WHEREAS, '3 the State and the Contractor have previously entered into a
contract dated May 20, 1983 and amended February 13, 1984 for the expentiture
of Small Cities Community Development Block Grant (CDBG) funds to construct
water system improvements for the Wattenberg Improvement Association.
WHEREAS, the Contractor has submitted a request for supplemental CDBG
funds to install additional water pipe, fire hydrants and gate valves; and
WHEREAS, the Executive Director of the Department of Local Affairs of the
State of Colorado has awarded supplemental CDBG funds totalling $9,200.00 to
finance the above request; and
WHEREAS, the parties hereto now deem it necessary and desirable to amend
the Original Contract in order to carry out the intention of the program and
to adjust for new organizational arrangements by the Contractor.
NOW THEREFORE, it is hereby agreed that the Original Contract be amended as follows:
1. '" Compensation and Method of Payment. Page 2 of the main body of the
Original Contract is amended as follows: "The State agrees to pay to the Contractor,
in consideration for the work and services to be performed, a total amount not to
exceed One Hundred and Fifty-Four Thousand Two Hundred Dollars ($154,200.00) . The
method and time of payment shall be made in accordance with the "Payment Method"
set forth in Paragraph 7.
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2. Scope of Services. Page 1 of Exhibit A to the Original Contract is
amended as follows:
B. Improvements to the water treatment facilities, which include a
standby generator, a water meter and pit recorder, a fire hydrant and surge
protection equipment for the pump.
C. Construction of approximately 4,500 feet of 6-inch water line.
D. Installation of approximately twelve (12) 6-inch water valves and
six (6) fire hydrants. Delete "CDBG funds shall not exceed $145,000."
3. Budget. Page 1 of Exhibit A of the Original Contract is amended as
follows:
Revenue Expenditures
CDBG Funds $154,200 Construction
$130,200
' Administration 24,000
3955301-014 $154,200
Page 1 of 4 pages •
*(See instructions on reverse of last page.) -
'* ;Y 7--
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4. Payment Schedule. Page 1 of Exhibit A of the Original Contract is
amended as follows:
$146,490 Based on approved drawdown requests from the Contractor
$ 7,710 Final payment, which is five (5) percent of the CDBG funds,
to be paid upon completion of the project after all financial
and program reports are received and approved by the Department
of Local Affairs.
All other terms and conditions of the Original Contract and First
Contract Amendment remain in full force and effect.
J,
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Page 2 of 4 pages
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form 6—AC-020 - SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not he deemed valid until it shall have been approved by the Controller of the State of Colorado or such
assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available.
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BOND REQUIREMENT
3. If this contract involves the payment of more than fitly thousand dollars for the construction,erection, repair. maintenance,
or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall,
before entering upon the performance of an) such work included in this contract,duly execute and deliver to and file with the official
whose signature appears below for the State. a good and sufficient bond or other acceptable surety to be approved by said official
in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed
by a qualified corporate surety, conditioned for the due and faithful performance of the contract,and in addition, shall provide that
if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire,sustenance,provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done,the surety will
pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.
Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract
shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State
of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
,any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city, town,village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
S-16-101. CRS 1973. as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended
and other applicable law respecting discrimination and unfair employment practices (24-34-402, CRS 1979 supplement), and as
required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16. 1975.Pursuant thereto,the following provi-
sions shall be contained in all State contracts or sub-contracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap,or age.
The contractor will take affirmative action to insure that applicants are employed, and that.employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading- demotion, or transfer, recruitment or
recruitment advertisings: lay-offs or terminations:rates of pay or other forms of compensation;and selection
for training. including apprenticeship. The contractor agrees to post in conspicuous places, available to
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employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin- sex, marital status, religion,ancestry,mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
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advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations,and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order, ,
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules,regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books,records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules,regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed,
color,sex, national origin,or ancestry.
(6) A labor organization, or the employees or members thereof will riot aid,abet,incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contractor any order issued thereunder;or attempt,either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
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395-53-01-1022 page of
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pages
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(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or 1
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in ' I whole or in part and the contractor may be declared ineligible for further State contracts in accordance with '
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
k the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
/ Action of April 16, 1975. or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
it (8) The contractor will include the provisions of paragraphs (1) through (8) in every sub-contract and
sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17.101,& 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences)
and 18-8-401, et seq., (Abuse of Public Office), C.R.S, 1973, as amended,and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written,
STATE OF COLORADO
WELD COUNTY, COLORADO
RICHARD D. LAMI11. GOVERNOR
Contractor By
es EXECUTIVE DIRECTOR.
Position 3?lam, DEPARTMENT
Board of County CQIIn1Ssloners OF
Social Security Number
or
Federal 1.D.Number
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
ATTEST: �1 %1 0.44. 4.4C „ea tgtri
WELD COUNTY CLERK AND RECORDER
A�RpI
AND CLERK TO THE
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8e:riyty ��
395-63-01-1030 Page 4 which is the last of 4
pages
'See instructions on reverse side,
LARIMER - WELD REGIONAL COUNCIL OF GOVERNMENTS
PHONE(303)532-4480
SUITE 201
201 EAST 4TH STREET
LOVELAND.COLORADO 80537
May 31 , 1984
Mr. Don Warden
Finance Director
P.O. Box 758
Greeley, CO 80632
Dear Don:
Enclosed are 4 copies of a Second Amendment to the Community Development
Block Grant (CDBG) between Weld County and the Colorado Department of
Local Affairs concerning the Wattenberg Water Project. These copies will
need to be signed by the County Commissioners and returned to the State.
This Second Amendment was necessitated by the State's award of a
supplemental grant of $9,200 to the project for additional improvements.
This Amendment:
1 . Increases the total grant award from $145,000 to $154,200;
2. Adds electrical surge protection equipment for the well pump; and
3. Adds an additional 1575' of 6" water main and the necessary valves.
This project is scheduled for construction for June 20th through August
1st.
Thank you for your assistance in this matter.
If you have any questions on this, please call me at 532-4497.
Otherwise, just have the Commissioner sign them and send them back to the
State.
Sincerely,,n``t , 4-45 Sally A. Janett
Wattenberg Project Administrator
SJ/dp
Enclosure
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