The URL can be used to link to this page

Browse Search

Home My WebLink About840633.tiff RESOLUTION RE: APPROVE AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT CONCERNING THE WATTENBERG WATER PROJECT AND AUTHORIZATION 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 an amendment to the contract between Weld County and the Colorado Department of Local Affairs, and WHEREAS , the Board, after consideration, deems it advisable 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 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 amendment. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 13th day of February A.D. , 1984 . t1 y BOARD OF COUNTY COMMISSIONERS ATTEST: ^/"q ( �n L i U2 €4r✓ ELD COUNTY, COLORADO Weld County C/lerk and Recorderly.ti,, ,� ea' e, -a-fid'-clerk to e - atrd Norman Carlso Chairman C/ By:L' ”� `�� Deputy County Clerk J u ine Jo son, Pro-Tem PPROV AS TO FORM: e Ge R. County Attorney CLtAlllya LHR 358 7' 27a N/q0O71 J n T. Martin 84063) r 021584 Form 6-AC-412A r' i ti DEPAP=MENT OR AGENCY NUMBER 320000 CONTRACT ROUTING NUMBER FIRST AMENDMENT CONTRACT THIS CONTRACT, made this day of 197_, by and between the State of Colorado for the use and benefit of the Department of "1 Loral. Affairs. 1313 Sherman Street-. D nver_ Color do 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 50137, Contract Encumbrance Number C853328 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, '3 The parties hereto have previously entered into a contract Dated May 20, 1983 for the expenditure of Small Cities Community Development Block Grant (CDBG) funds to construct water system improvements for the Wattenberg Improvement Association. 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 1. "4 Scope of Service. Paragraph A on Page 1 of Exhibit A of the Original Contract is amended as follows: "A" should read "Installation of an alarm system for the notification to the water plant operator of low water levels in the water storage tank and power/pump failures." 2. Time of Performance. Page 1 of Exhibit A of the Original Contract is amended as follows: "The Project will commence upon the date of execution • of this Contract and will be completed on or before October 1, 1984." 2. Payment Schedule. Page 1 of Exhibit A to the Original Contract is amended as follows: $137,750 Payments based on drawdown request. 7,250 Final payment, which is five (5) percent of the CDBG funds, to be made upon completion of the project after all financial and program reports are received and approved by the Department of Local Affairs. All requests for payments will be made in accordance with Paragraph 7 of the main body of the Original Contract. All other terms and conditions of the Original Contract remain in full force and effect. Page I of 3 pages *(See instructions on reverse of last page.) frond o-AC-o26 • ,SPECIAL PROVISIONS • it . CONTROLLER'S APPRC L • I. This contract shall not be 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 hinds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty 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 any such work included in this contract,duly execute and deliver to and file with the official whose signature appears below for the State, a goal 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, warn hire, sustenance- provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in perfon once of the work contracted to he 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 titan 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 8-16-101, CRS 1973, as amended. • DISCRIMINATION AND AFFIRMATIVE ACTION S. 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 (24-34301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity arid Affirmative Action,dated April 16, 1975.Pursuant thereto, the following prorisions shall he contained hi all State.contracts or subcontracts. 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 advertising; 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 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 he provided by the contracting officer, • advising the labor union or workers' representative of the contractors 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 hooks, 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 nut exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual front membership in such labor organization or discriminate against any of its member in the full enjoyment of work opportunity, because of race,creed, color,sex,national origin,or ancestry. • (6) A labor organization, or the employers or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this eontrrct,ti, he discriminator' or obstruct or prevent any person from complying with the provisions of this contract or mix order issued thereunder;or attempt,either directly or indirectly, to commit any act delinedl in this contract to be di:erinainatun-, 2 Y.15,53-01-1022Y.15,53-01-1022 page _of • ..3_ pages le • (7) In the event of rite contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in 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 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. (8) The contractor will include the provisions of paragraphs (I) 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 1). LAMM. GOVERNOR By Contractor -sLXECCTIVE: DIRECTOR. Position DEPARTMENT OF Social Security Number or Federal LD.Number APPROVALS ATTORNEY GENERAL CONTROLLER By By Chairman, Board of County Commissioners ATTEST: 11 k J;:y. l ;,+iv\-1 v.A.L'w n/ WELD COUNTY Cl.lt;X i 7C ORDER AND CLERK K 0 THE BO RD (...„" 395-53-01-1030 Page 3 which is the last af.3 pages 'See instructions nn revers side. LARIMER - WELD REGIONAL COUNCIL OF GOVERNMENTS PHONE(303)532-4480 SUITE 201 201 EAST 4TH STREET LOVELAND,COLORADO 80537 February 9, 1984 Mr. Don Warden Finance Director P.O. Box 758 Greeley, CO 80632 Dear Don: Enclosed are 4 copies of an 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. The COG and the Wattenberg Improvement Association (WIA) requested two changes in the original contract as follows: 1) Scope of Service - The original contract included the construc- tion of a new, 45' well for use as a standby well in the event of a pump failure on the existing well . With this amendment, the new well will be deleted from the project and replaced by the installation of an alarm system on the water tank to notify the operator of pump Q' power failure. The alarm system was recommended by Associated Engineer, Inc. 2) Time of Performance - Under the original contract, the project was to be completed by July 1 , 1984. Because the project has experienced some delays , we have asked that the completion date be extended to October 1, 1984. 3) Payment Schedule - The original contract withheld the construc- tion money until a valid well permit was procured by the WIA. This clause has been deleted due to the withdrawal of the well from the project. 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,af' Sally A. �a2ett ?i Wattenberg Project Administrator SJ/so STATE OF COLORADO Department of Local Affairs oF-coto DIVISION OF LOCAL GOVERNMENT * *' Pat Ratliff, Director 1876 Richard D. Lamm Governor February 3, 1984 Ms. Sally Janett Larimer-Weld Council of Governments 201 East Fourth Street, Room 201 Loveland, Colorado 80537 Dear Ms. Janett: Attached please find four copies of an amended contract between the Department of Local Affairs and Weld County. Please have all four copies signed by the chairman of the Weld County Commissioners. Return all four copies to this office. As soon as all the signatures have been obtained, we will send you a verified copy for your records. If you have any questions, please call me. Sincerely yours, Ross Fraser Program Administrator RF/b • 1313 Sherman Street, Room 520, Denver, Colorado 80203 (303) 866-2156 Hello