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Home My WebLink About780361.tiff RESOLUTION RE: APPROVAL OF FINAL CONTRACT WITH ANDERSON CONSTRUCTION COMPANY FOR PHASE I AND PHASE II OF THE ESPANOLA SUBDIVISION COMMUN- ITY DEVELOPMENT PROJECT AND APPROVAL OF A 20% CONTINGENCY COST FOR SAME. 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, it has been recommended that the Board of County Commissioners approve the final contract with Anderson Construc- tion Company for Phase I and Phase II for the Espanola Subdivision Community Development Project for the rehabilitation of certain homes in the Espanola Subdivision and a 20% contingency cost if needed, and WHEREAS, the Board of County Commissioners deems it advisa- ble and in the best interests of Weld County, Colorado to approve said contract and a 20% contingency cost if needed, for each grant as long as the amount spent does not exceed the total funds available. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the final contract with Anderson Contruction Company for Phase I and Phase II for the Espanola Subdivision Community Development Project and a 20% contingency, be and hereby is, approved as set forth in "Exhibit A, " attached hereto and incorporated herein by this reference. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of July, A.D. , 1978 . �J _'. BOARD OF COUNTY COMMISSIONERS ATTEST: .4nTT ra WELD COUNTY, COLORADO Weld County Clerk and Recorder O an Clerk to the d Deputy County Clerk _eft/ AP ED AS TO FORM: County At o ney filll 780361 Date Presented: July 19, 1978 • "EXHIBIT A" Final Contract and Contingency Approval. of Espanola Subdivision Phase I Contract Price 20o Contingency Cost Total $10,317.75 $2,063.55 $12,381.30 $12,693.66 $2,538.73 $15,232.39 • $6,760.27 $1,352.00^ $8,112.27 $29,771.68 $5,954.28 $345,725.96 Phase II $1,787.00 $357.40 $2,141+.1+0 $12,1+2_1.111' $2,1+84.?2 $11+,90:).3j $14,208.11 $2,841.62 s17,o49.j Totals: $43,979.79 $8,795.90 $>2,ax.69 July 17 , 1978 Final Contract and Contingency Approval o£ Espanola Subdivision Phase I Contract Price 20% Contingency Cost Total A. Aidd.lt*giiez $10,317.75 $2,063.55 $12,381.30 P. =#edl'gtiez $12,693.66 $2,538.73 $15,232.39 A, IDNikan $6,760.27 $1,352.00 $8,112.27 $29,771.68 $5,954.28 $35,725.96 Phase II J. Silva $1,787.00 $357.40 $2,144.40 M. Martinez $12,421.11 $2,484.22 $14,905.33 $14,208.11 $2,841.62 $17,049.73 Totals: $43,979.79 $8,795.90 $52,775.69 DEPARTMENT OF PLANNING SERVICES -ems HOUSING DIVISION • PHONE (303) 356-4000 EXT. 400 915 10TH STREET l® REHABILITATION GRANT AGREEMENT cREEEEv, COLORADO 80631 „ iglig • COLORADO This agreement made this 17th day of July 7.9 78 for a Housing Rehabilitation Grant is made between the Board of County Commissioners , Weld County, Colorado, and - Mr. John Silva the applicant. The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount of _ 1787.00 for the applicant ' s property at 151.6 N. 2F+h .Ave. , in consideration of the applicant ' s meeting the following requirements : 1. Applicant (s) agree that be (they) will continue to own the above described property for the next five years . 2 . Applicant (s) agree to sign a promissory note, secured by a lien against the groperty, , which will require applicant ' s to repay all or a portion of the grant , should applicant ' s cease to be owner of the property within the five ( 5) year period. The obligation will be reduced by 20% for each year after the grant year, during which applicant (s) continues to own the property as agreed. 3 . Applicant (s) agree that he (they) will deposit the rehabilitation grant funds into an escrow account in a bank designated as a trustee for the funds by the Board of County Commissioners , Weld County, Colorado. 4 . Applicant (s) agree to withdraw and return any and all unexpended funds from the grant deposited in the escrow account to the Board of County Commissioners , Weld County, Colorado. This Agreement is executed by the Applicant (s) and the Board of County Commissioners on the dame above first written . BOARD OI' COUNTY COMMISSIONERS WELD COUNTY, COLORADO - Owr)e E Signature Ed Dunbar, Chairman rYt i- ATTEST :/f IG.<,tE (t,wv Owner ' s Signature U0 Weld County Clerk and. Recorder. WITNESS : - / - and Clerk to the 5o,Ayd . _ % , , " rt\ /L(,i�.-� l(/1.1 �C./. 7,1t+(sal id\ L � ` i n =l�_Y �A � 1 ( �L� .�Y Signature Fiy: Deputy County CIerc 7 • AGREEMENT BETWEEN CONTRACTOR AND OWNER THIS AGREEMENT made this 17 ay of _J1144 — in the year Nineteen Hundred and _,g,eventy_Fighi:—_ by and between ___ ____Ander$QD. co gotkglIneo , hereinafter called the "Contractor" , and Mr. John Silva —_--- �__._-, hereinafter called the "Owner", WITNESSETH, that the Contractor and the Owner for con- siderations hereinafter (lamed agree as follows: ARTICLE 1 , SCOPE OF WORK: The contractor shall furnish all materials and per- form all the work described in the Description of Work, on the drawings (if any), .in the Specifications entitled the Rehabilitation of: Owner(s) Name: Mr. John Sil'va Property Address : 1 16_N,_26th_Ayenue-_Greeleyz__coloo _89631 Legal Description: Lot # 7 - Espanola Subdivision __— _.__.�. Project Ho. • and shall do everything required by this Agreement, the bidding requirements , the contract forms, the General Conditions of the Contract, the Specifications, . and the Drawings (if any) , and Description of Work. - SECTION 3 CLAUSE: A. The work to be performed under this contract is on a project assisted under a program providing direct Federal . financial assistance from the Departmen- of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act. of 1968, as amended, 12 U.S.C. 170u. Section 3 requires that to the greatest extent feasible oppor- tunities for training and employment be given lower income residents of the . project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. S. The parties to this contract will comply with the provisions of said Section • 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders o of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no con- .tractual• or other disability which would prevent them from complying with these requirements . C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organ- isation or workers' representative of his commitments under this Section 3 Clause and shall post copies or the notice in conspicuous places available - to employees and applicants for emp11riyment or training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will , at the direction of the appli- cant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcon- tractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. , E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules and orders of the Department issued • thereunderprior to the execution of the contract,• including the: l:� pro- visions of Form HUD-623I , HUD-623IA, HUD-3200, and HUD 3200B, as appli- ' cable, shall he a condition of ' e Federal financial assistance provided to the project, binding upon the applicant or recipient for such assis- ' tance, its successors, and assigns. Failure to fulfill these require- ments shall subject the applicant or recipient, its contractors and sub- • contractors, its successors , and assigns to those sanctions specified by the grant or loan. agreement or contract through which• Feder•al assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. ARTICLE 2, TIME OF COMPLETION: LIQUIDATED DAMAGES: (a) The work .performed under this Contract shall be comvienced on the date when the Proceed Order is issued and shall be fully completed on or before October 16, 1978 . The Owner, through the Weld County • Department of Planning Services, Housing. Division, shall issue the Proceed Order in writing within ninety (90) days of the signing of this Agreement. If the Owner does not issue the Proceed Order within •ninety (90) days, the Contractor has the option of withdrawing from the Agreement and the Contract Documents shall be void and of no effect. (b) Time is an essential element of this Agreement, and therefore, all work shall be completed within the contract period specified above in paragraph (a) of this Article 2. For each calendar day that' any work shall remain in- completed after the end of the contract period, ,the amount of _ Fifty Dollars ($ 50.00 ) per calendar day Wil-I-be as- sesseT, not as a penalty,. but as a predetermined and agreed liquidated damages. The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and Inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, County, fire, floods, epidemics, quarantine restrictions, strikes , freight embargoes, and unusually severe weather or. delays of subcontractors due to such causes; provided that the contractor shall within ten (10) days from the beginning of any such delay notify, the Department of Planning Services , Housing Division in writing of the causes of such delay. The Department of Planning Services, Housing Division, will make findings :,f fact concerning the delay, which • shall 'be final and conclusive, and shall determine whether liquidated damages are to be assessed against the Contractor under this Article. In the event the Department of Planning Services, 'h inn Division, determines that liqui- dated damages are to be assessed„ the 'tainunj: of the assessment to be withheld from the contract price shall be dist..l: tieO from the escrow account in accor- dance with Paragraph 5.g. , Page 5, Chapter 14 of the HUD Rehabilitation Financing Handbook (7375.1' REV to 2.74) . ARTICLE 3, THE CONTRACT SUM: The Department of Planning Services , Housing Division, shall , on behalf of the Owner, pay the Contractor for the performance of the contract, subject to additions and deductions provided herein, in current' funds as follows: • One !dtic.�z.r.,�f�, c 1 - tt �U' 1 f'ld N70/ OLLA,RS($_ 1787.00 _^ )• •vri to n ar aunt)- ARTICLE 4, PAYMENTS: • • The Owner, through the Department of Planning Services, Housing Division, shall make progress payments' and a final payment to the Contractor upon a written re- quest by the Contractor, subject to the approval of the Owner's inspector as furnished by the Weld County Department of Planning Services , Housing Division. The value of the work satisfactorily completed is based on the contract prices of " .bor and .materials incorporated in thewrrk and of materials suitably stored at the site as estimated by the Contr•;.te'..':. " and approved in writing by the Owner's inspector. Approval of progress •payrr:'nt.s by the Owner's inspector will be with- • held if the Contractor has not performed in accordance with the•pr•o.visions of the Contract Documents and the percentage of the work completed does not comply with the respective progress payment requested. Payments shall be made by the Depart- ment of Planning Services, Housing Division, on behalf of the owner as follows : 1 . The Department of Planning Services, Hous ng Division, shall establish and maintain a separate account in the project books of account for the Owner. All receipts and. disbursements made for the Owner shall be recorded in the account. . 2. Disbursements from the rehabilitation escrow account shall be by check , made payable jointly to the Owner and the Contractor. -?.. 4J-. ,,: , Y', 3 . The Department of Planning Services , Housing Division, shall secure the endorsement of the Owner and shall transmit the endorsed check to Vii- the Contractor . Progress payments shall be made as follows : 1 . The FIRST progress payment of 50% of the Contract price shall be made when the Project is 80% complete. 2 . The SECOND progress payment of 30% of the Contract price shall be made when the Project is 100% complete. 3. The FINAL payment of the remaining 20% of the Contract price shall he made within 20 days after final inspection and acceptance by the inspector and by the Weld County Division of Building Inspection. Work must he fully completed and the contract fully performed . The Contractor shall submit to the Department of Planning Services , Housing Division, mechanic' s lien waivers and satisfactory evidence that all payrolls , materials bills , and other indebtedness connected with the work have been paid in full . The Contractor shall also submit the Weld County building permits , including electrical , mechanical and plumbing permits , as applicable, and certificate of occupancy issued by the Division of Building Inspection for the property. Upon the receipt of the above information and- a notice that the work is ready for final acceptance, the Owner's inspector shall , within 20 days , issue a final certificate of acceptance, over his own signature; stating that the work provided for in this contract has been completed and is accepted by him under the terms and conditions thereof, and that the balance of the contract price is due and payable to the Contractor . ARTICLE 5, PAYMENTS, LIENS OR CLAIMS : If, at any time, there shall he evidence of any lien or claim for which , if established, the Owner of said building might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due, or thereafter to become due, an amount sufficient to completely indemnify it against such lien or claim. Should there prove to be any such claim after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging any lien on said premises made obligatory in consequence of the contractor's default. ARTICLE 6 , THE CONTRACTOR: The Contractor shall promptly pay all subcontractors, material men, laborers and employees , and shall require all subcontractors to do likewise, and shall keep the property free from all liens , claims or judgments , of any and every kind or nature arising from or growing out of the work hereunder, and shall defend, indemnify and hold harmless the Owner from and against any and all such liens , claims , or judgment; and from and against any and all suits , actions , or proceedings and of defending same. ARTICLE 7, BOND: The Contractor shall furnish to Weld County a performance bond and Labor and Material payment bond, each in the amount of 100% of the Contract Sum, to cover faithful performance of the Contract and payment of all obligations arising thereunder, or an alternative type of security acceptable to the Board of Weld County Commissioners . ARTICLE 8, INSURANCE: During the term of the Contract, Contractor shall , at his own expense purchase and maintain the following insurance: Workmen' s Compensation and Employers Liability Insurance -- Statutory Limits ; Comprehensive General Liability-Bodily Injury Liability, including Personal injuries, 5.100,000 each occurrence; Property Damage Liability, $300,000 each occurence. I' ,urance Certificate shall he submitted to the Weld County Commissioners . ARTICLE 9, ACCEPTABLE CONTRACTORS: Weld County shall always exercise care and good judgment in selecting a contractor . A selected contractor shall he of good reputation, financially sound, have adequate financial resources to carry out his bid and proposal and he qualified to do the required work. ARTICLE 10, CONTRACTOR'S QUALIFICATION STATEMENT : Weld County requires that all contractors submit a qualification statement with their bid, which will be utilized as a means of assessing the contractor ' s qualifications for performing the work outlined in the bid proposal . -3- • • ARTICLE 11 , LEAD-BASED PAINT POISON1 f; !'RCVENTIOv ACT: Every contractor and subcontractor must comply with t .eU. S. Department of Housing and • Urban Development Lead Based Paint !?r: ;t latiops (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4.831 et seq. ) requiring prohibition of the use7of lead-based paint, whenever assistance is used directly or indirectly for the construction, rehabilitation, or modernization of residential structres; elimination of immediate lead-based paint hazards in residential structures assisted under this program; and notification of the hazards of lead-based paint poisoning to purchasers , owners and tenants of residential structures constructed prior to 1950 and assisted under this Part. �/ �� ;� -a� >�� ,w L',. ._.c.�+L .c ,t om 1. .�. .__ u.. e, CONTRACTOR : ' WITNESS f ''�,• \,./1, r 1,146"4 _J 1 . i._C , v / J�' • 7 "'� f TITLE - j/TITLE DATE (r)A3 • _,L. ekrek .._ DATE The foregoing instrument was acknowledged before me this y of "� _, 19 1 by • (name of maker(s) - enter husband and wife if applicable My commission expires : � TEnter month, day and year WITNESS my hand and official seal . NoL y Public a (SEAL) . -4— ^l DEPARTMENT OF PLANNING SERVICES HOUSING DIVISION PHONE (303) 356-400O EXT. 400 915 10TH STREET •RRR o GREELEY, COLORADO 80631 O COLORADO AGREEMENT FOR REHABILITATION GRANT THIS AGREEMENT made this 17th day of July , 1978, for a Housing Rehabilitation Grant is made between the Board of County Commissioners, Weld County, Colorado, and Mr. Antonio Rodriguez the Applicant. The Board of County Commissioners , Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount of $10,317.75 for the applicant ' s property at , in consideration of the applicant ' s meeting the following requirements : 1. Applicant (s) agree that he (they) will continue to own the above described property for the next five years. 2 . Applicant (s) agree that he (they) will deposit the rehabilitation grant funds into an escrow account in a bank designated as a trustee for the funds by the I3oard of County Commissioners , Weld County, Colorado. 3 . Applicant (s) agree to withdraw and return any and all unexpended funds from the grant deposited in the escrow account to the Board of County Commissioners , Weld County, Colorado. This Agreement is executed by the Applicant (s) and the Board of County Commissioners on the date above first written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO J Ow e s Signature � Id Dunhar , Chairman GGG ' /� `7 4_ - 7 ATTEST: /i au IIAAA i ?UDI.I.1.C.t y.J Owner' s Signature We].d County Clerk and Recorder WITNESS: and Clerk to the Board Signature aDeputy County Clerk r% • AGREEMENT BETWEEN CONTRACTOR AND OWNER • THIS AGREEMENT made this 17thday of July in the year Nineteen '' OP Hundred and seventy—Eight by and between • e_ a,Tcia • • __ _-_Andarafln. Oonntructi,oxz_CPTP-_ hereinafter called the "Contractor" , and Mrs Antnnio__Radx3.gnez— — , hereinafter called the "Owner" , ..WITNESSETH, that the Contractor and the Owner for con- siderations hereinafter named agree as follows : ARTICLE 1 , SCOPE OF WORK: The contractor shall furnish all materials and per- form all the work described in the Description of Work, on the drawings (if any) , in the Specifications entitled the Rehabilitation of: Owner(s) Name: _._.Mr-.-.Antnni a Rodrigues_._---- --- - - - - - - ---. ___ . - ----- -.------.- ___.- --._:_.. • Property Address :_14fl$11A_-26th.Avenue,Greeley,- Oflloo- _$0631-.._ ..__._ _ ____.__--- - - Legal Description:• _Loi<..#_...?+7 Fapano3.e-Subsiivi.aion __-..- __ __ __ ._....__-___--.___._ • Project No. and shall do everything required by this Agreement, the bidding requirements , the contract forms, the General Conditions of the Contract, the Specifications , and the Drawings (if any) , and Description of Work. SECTION 3 CLAUSE: . • A. The work to be performed under this contract is on a project assisted under a program providing direct Federal Financial assistance from the Departmen- of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1962, as amended, 12 U.S.C. 170u. Section 3 requires that to the greatest extent feasible oppor- tunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded • to business concerns which are located in, or owned in substantial part by persons , residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section . 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this .contract certify and agree that they are under no con- . tractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organ- • isati.on or workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for eupl:'yment or training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will , at the direction of the appli- cant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban . Development, 24 CFR. The contractor will not subcontract with any subcon- tractor where it has notice or knowledge that the latter has been found in violation of•regulatiens under 24. CFR, and will not let any subcontract 1 unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. _ E. Compliance with the n+^ovisions of Section 3, the regulations se., forth in 24 CFR, and all applicable rules and orders of the Department issued 4 >sirAa thereunder prior to the execution of the contract, including the pro- t, ilt visions of Form HUD 62.31 HUD-t2 1A, HUD-3200, and HUD '2008, as appli- cable, shall he a condition ol he i;odera1 financial assistance provided 9 to the project, binding upon the applicant or recipient for such assis- tance, its successors , and assigns . Failure to fulfill these require- ments shall subject the applicant or recipient, its contractors and sub- contractors, its successors , and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance 1 is provided, and to such sanctions as are specified by 24 CFR Part 135. ARTICLE 2, TIME OF COMPLETION LIQUIDATED DAMAGES: ,' (a ) The work performed under this Contract shall be commenced on the date iwhen the Proceed Order is issued and shall be fully completed on or before October 16, 1978 The Owner, through the Weld County i Department of Planning Services , Housing Division , shall issue the Proceed Order in writing within ninety (90) days of the signing of this Agreement. 1 If the Owner does not issue the Proceed Order within ninety (90) days , the Contractor has the option of withdrawing from the Agreement and the Contract I Documents shall he void and of no effect. (b) Time is an essential element of this Agreement, and therefore, all work shall be completed within the contract period specified above in paragraph I (a ) of this Article 2. F.,r each calendar day that any- work shall remain in- i completed after the end of the contract period, the amount of Fifty -_- Dollar, ( ? 50°00 ) per calendar day ,n11 f e as- sessed, not as a penalty, hut as a predetermined and agreed liquidated damages . The Contractor shall not he assessed with liquidated damages nor the cost of Engineering and Inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, County, fire, ` foods , epidemics, quarantine restrictions , strikes , freight embargoes , and unusually severe weather or delays of subcontractors due to such causes; ! provided that the contractor shall within ton (10) days from the beginning of any such delay notify the Department of Planning Services , Housing Division in 1 writing of the causes of such delay. The Department of Planning Services . Housing Division, will make finding= of fact concerning the delay, which shall be final and conclusive, and shall determine whether liquidated damages I i are to he assessed against the Contractor ender this Article. In the event I the Department of Planning Services , lip ro Division, determines that liqui- dated damages are to be assessed, t'hs emauitt of the assessment to be withheld from the contract price shall be d ':1's sou from the escrow account in accor- 1 dance with Paragraph 5.g. , Page 5, Chapter 14 of the HUD Rehabilitation Financing Handbook (7375. 1 REV to 2.7-1 ) . ARTICLE 3, THE CONTRACT SUM: The Department of Planning Services, Housing Division , shall , en behalf of the Omer, liay the Contractor for the performance of the contract, subject to additions aid deductions provided herein, in i curr ns Fo t funds allows /k":L l (ncccQLLYr /11.41-r 7�,, 14:_317,7.5 ) - to in ae _t l ARTICLE 4, PAYMENTS : The Owner, through the Department of Plar ,n r,- i g S r✓,Cep rroasina �,) ;isir, , ,h-;11 , :e ifs and a '- ae2r—efe e Cs :. e ,.- , r Er ,tLf r - quest by the Contractor, subject to the approval of�the Owner '; inspector as furnished by the Weld County Department of Planning Services , Housing Division. The value of the work satisfactorile completed is based on the contract prices of nor and materials incorporated in they work and of materials suitably stored at the site. as estimated Gy the Gantt )c .. . and approved in writing by the Owner 's inspector. Approval of progress payilreitt ay the Owner's inspector will he with- held if the Contractor has not oerfcrm.'a ir; accordance with the provisions of the Contract Documents and the percentage of the moth completed does not comply with the respective progress payment requested. Pray/ me Shall be made by the Depart- ment of Planning Services . `lousing Divisicn, on Dci'. %li of the owner as follows : 1 . The Department of Pianni.ru Services , Housing Division, shall establish and maintain a separate ac,:aunt in the project books of account for the Owner. All receipts and diisbur:', aacnts made for the Owner shall he recorded in the account. 2. Disbursementsfrn ::he rehabilitation escrow account ;hall be by check, made payable jointly to the Owner and the .Contractor, 3. The Department of Planning Services , Housing Division, shall secure the endorsement of the Owner and shall transmit the endorsed check to the Contractor. Progress payments shall be made as follows : 1 . The FIRST progress payment of 50% of the Contract price shall be made when the Project is 80% complete. 2. The SECOND progress payment of 30% of the Contract price shall be made when the Project is 100% complete. 3. The FINAL payment of the remaining 20% of the Contract price shall he made within 20 days after final inspection and acceptance by the inspector and by the Weld County Division of Building Inspection. Work must be fully completed and the contract fully performed. The Contractor shall submit to the Department of Planning Services , Housing Division, mechanic's .lien waivers and satisfactory ovidence that all payrolls , materials bills , and other indebtedness connected with the work have been paid in full . The Contractor shall also submit the Weld County building permits , including electrical , mechanical and plumbing permits , as applicable, and certificate of occupancy issued by the Division of Building Inspection for the property. Upon the receipt of the above information and a notice that the work is ready for final acceptance, the Owner's inspector shall , within 20 days , issue a final certificate of acceptance, over his own signature, stating that the work provided for in this contract has been completed and is accepted by him under the terms and conditions thereof, and that the balance of the contract price is due and payable to the Contractor . ARTICLE 5, PAYMENTS, LIENS OR CLAIMS : If, at any time, there shall he evidence of any lien or claim for which, if established, the Owner of said building might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due, or thereafter to become due, an amount sufficient to completely indemnify it against such lien or claim. Should there prove to be any such claim after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging any lien on said premises made obligatory in consequence of the contractor 's default . • ARTICLE 6 , THE CONTRACTOR: The Contractor shall promptly pay all subcontractors , material men, laborers and employees , and shall require all subcontractors to do likewise, and shall keep the property free from all liens , claims or judgments , of any and every kind or nature arising from or growing out of the work hereunder , and shall defend, indemnify and hold harmless the Owner from and against any and all such liens , claims , or judgments and from and against any and all suits , actions , or proceedings and of defending same. ARTICLE 7, BOND: The Contractor shall furnish to Weld County a performance bond and Labor and Material payment bond, each in the amount of 100% of the ` Contract Suw. to cover faithful performance of the Contract and payment of all .� ♦ v type of t r a:c e r t a f', e ��}'1 ;,1.1I 1t�f1•, ,rtICll,�l t}lt�l•t�U�tter• , ��1' .il'. ? Lr'1', a �tL'l; .. to the Board of Weld County Commissioners . ARTICLE 8, INSURANCE: During the term of the Contract, Contractor shall , at his own expense purchase and maintain the following insurance: Workmen's Compensation and Employers Liability Insurance - Statutory Limits; Comprehensive General Liability-Bodily Injury Liability, including Personal injuries , $100,000 each occurrence; Property Damage Liability, $300,000 each occurence. I' ,urance Certificate shall be submitted to the Weld County Commissioners . ARTICLE 9, ACCEPTABLE CONTRACTORS: Weld County shall always exercise care and good judgment .in' selecting a contractor. A selected contractor shall be of good reputation, financially sound, have adequate financial resources to carry out his bid and proposal and be qualified to do the required work . ARTICLE 10, CONTRACTOR' S QUALIFICATION STATEMENT: Weld County requires that all contractors submit a qualification statement with their bid , which will he utilized as a means of assessing the contractor's qualifications for performing the work outlined in the bid proposal . -3- • mit , 11/ _ '0 4, / t" ARTICLE 11 , LEAD-BASED PAINT POISONING PREVENTION ACT: Every contractor and subcontractor must comply with the U. S. Department of Housing and Urban Development Lead Based Paint rc;ulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq. ) requiring prohibition of the use of lead-based paint , whenever assistance is used directly or indirectly for the construction, rehabilitation , or modernization of residential structres ; elimination of immediate lead-based paint hazards in residential structures assisted under this program; and notification of the hazards of lead-based paint poisoning to purchasers , owners and tenants of residential structures constructed prior to 1950 and assisted under this Part . CONkkthaAtt (ih.-INelac - TRACTOR: ; WI NESS ) TITLE TITLE DATE.>-<-,a444 /// .0120tV aWN ER ✓ - � OWNER 7/O/7?DATE _--- DATE — _ --- - - - The foregoing instrument was acknowledged before me this 1Nv `day of , 19\t6 by (name of maker(s) - enter husband and wife if applicable My commission expires': _ ��, \��j\ CEnter month, day and yea ) WITNESS my hand and official seal . • '''.'N,._ \A ,,....N,..,.\\....•.•S-c,r) Not ry Publ i c (SEAL) _4_ IEI DEPARTMENT OF PLANNING SERVICES HOUSING DIVISION PHONE (3031 356-4000 EXT. 400 915 10TH STREET Y ® GHEE LE Y, COLORADO 80631 REHABILITATION GRANT AGREEMENT 0 COLORADO This agreement made this 17th day of July , 1978 for a Housing Rehabilitation Grant is made between the Board of County Commissioners, Weld County, Colorado, and Pe ro Eodriggu the applicant. The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount of 612.693.66 for the applicant ' s property at 1508 N. 26th — Avenue - Greeley, Coln_ , in consideration of the applicant ' s meeting the following requirements : 1. Applicant (s) agree that he (they) will continue to own the -above described property for the next five years . 2 . Applicant (s) agree to sign a promissory note, secured by a lien against the property, which will require applicant ' s to repay all or a portion of the grant, should applicant ' s cease to be owner of the property within the five (5) year period. The obligation will be reduced by 20% for each year after the grant year, during which applicant (s) continues to own the property as agreed. 3 . Applicant (s) agree that he (they) will deposit the rehabilitation grant funds into an escrow account in a bank designated as a trustee for the funds by the Board of County Commissioners, Weld County, Colorado. 4 . Applicant (s) agree to withdraw and return any and all unexpended funds from the grant deposited in the escrow account to the Board of County Commissioners , Weld County, Colorado. This Agreement is executed by the Applicant (s) and the Board of County Commissioners on the date above first written. ^ BOARD OF COUNTY COMMISSIONERS / Jl WELD COUNTY, COLORADO l 3 Owner ' s Signat iS Td Dunbar , Chairman l/ ATTEST i t t 4 4,1n,\T Fn 41/../ F,lv✓ Owner ' s Signature Weld County Clerk and Recorder WITNESS : and Clerk to thcAoard Signature : Deputy County Clerk�� • AGREEMENT BETWEEN CONTRACTOR AND OWNER • THIS AGREEMENT made this 17thday of July in the year Nineteen • Hundred and Seventy—Eight by and between -H};_Joe--Garcia — Anderson Construction Go• , hereinafter called the "Contractor" , and Mr. Pedro Rodriguez , hereinafter called the "Owner" , WITNESSETH, that the Contractor and the -Owner for con- siderations hereinafter named agree as follows : ARTICLE 1 , SCOPE OF WORK: The contractor shall furnish all materials and per- form all the work described in the Description of Work, on the drawings (if any) , in the Specifications entitled the Rehabilitation of: Owner(s ) Name: Mre Peara_Radriguez—_- _-- Property Address : 1508 N. 26th Avenue — Greeley, Colo. 80631 Lot # 27 — Espanola Subdivision Legal Description: Project No. : and shall do everything required by this Agreement, the bidding requirements , the contract forms, the General Conditions of the Contract, the Specifications , and the Drawings (if any) , and Description of Work. SECTION 3 CLAUSE: A. The work to be performed under this contract is on a project assisted under a program providing direct Fedgrall financial assistance from the Departmen- of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Ur-Dan Development Act of 1YES, as amended , 12 U.S.C. 170u. Section 3 requires that to the greatest extent feasible oppor- tunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project he awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders , of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no con- tractual or other disability which would prevent them from complying with these requirements . C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organ- isation or workers ' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for enrpicyment or training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will , at the direction of the appli- cant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcon- tractor where it has notice or knowledge that the latter has been found in. violation of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. . E. Compliance with the provisions of Section 3 , the regulations set forth in 24 CFR, •and all applicable rules and orders of the Department issued W! • Y 1IpP • • thereunder prior to the execution of the contract, including the pro- visions of Form HOD--62.31 , F[UD-ht'. 1A, [HUD-3200, and HUD 32001[3, as appli- • cable, shall be a condition cr Federal financial assistance provided • • to the project, binding upon the applicant or recipient for such assis- tance, its successors , and assigns. Failure to fulfill these require- ments hall euhjecn the applicant or recipient, itr.; contractors and sub- contractors, its Successors , :r:>sign s to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. ARTICLE 2, TIME OF COMPLETION: LIQUIDATED DAMAGES: (a) The work performed under this Contract shall be commenced on the date when the Proceed Order is issued and shall be fully completed on or before _Drtoiaer_16 _1978 _ . The Owner, through the Held County Department of Planning Services, Housing Division, shall issue the Proceed Order in writing within ninety (90) days of the signing of this Agreement. If the Owner does not issue the Proceed Order within ninety (90) days, ;:he Contractor has the option of withdrawing from the Agreement and the Contract Documents shall be void and of no effect. (b) Time is an essential element of this Agreement, and therefore, all work shall be completed within the contract period specified above in paragraph • (a) of this Article 2. For• each calendar day that any work shall remain in- completed after the end of the contract period, the amount of Fifty Dollars (' %•00 ) or calendar day �r'iTl�ie a,- sessed,not as a penalty, but as a predetermined .and agreed liquidated damages. The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and Inspection dur.inu any delay in the completion of the work caused by acts of God or of the•tpubl is enemy, acts of the City, County, fire, floods, epidemics, quarantine restrictions, strikes , freight embargoes, and unusually severe weather or delays of subcontractor:, due to such causes ; provided that the contractor shall :: thin ten (10) days from the beginnino of any such delay notify. the Department of Planning Services, Housing Division in writing of the causes of such delay. The Department of Planning Services, . Housing Division, will make findings fact concerning the delay, which shall be final and conclusive, and ' he. [ 1 i.'eterr:ine whether liquidated damages are to he assessed against the Contractor under this Article. In the event the Department of Planning Services, !k;e•.ieh Division, determines that liqui- dated damages are to be assessed, the Amo',nl: of the assessment to he withheld from the contract price shall be di3W sed from the escrow account in accor- dance with Paragraph 5.g. , Page 5, Chapter 14 .of the HUD Rehabilitation Financing Handbook (7375. 1 REV to 2.74 ) . • ARTICLE 3, THE CONTRACT SUM: The Department of Planning Services, Housing Di vv sign, sha1i , on behalf of the Owner, pay the Contractor for the performance of the contract, subject to additions and deductions provided herein, in • current funds as follows : 44 1l)1( ZLO�._ld Isfu_►�t n ch'ti2`t� J�iVI(� DLCARS(S-- tvri ,e in amount f — - ARTICLE 4, PAYMENTS: • The Owner, through the Department of Planning Services , Housing Division, shall make progress payments and a final payment to the Contractor upon a written re- quest by the Contractor, subject to the approval of the Owner's inspector as furnished by the Weld County Department of Planning Services , Housing Division. The value of the work satisfactorily :nmpleted is based on the contract' prices of • .nor and materials incorporated in the ennrk and of materials suitably stored at the site as estimated by the Contract and approved in writing by the Owner's inspector. Approval of progress paymen; s `•y the Owner's inspector will be with- held if the Contractor has not performed in accordance with the provisions of the Contract Documents and the percentage of the work. completed does not comply with the respective progress' payment requested. Payments shall be made by the Depart- ment of Planning Services, Housing Division, on behalf of the owner as follows : • 1 . The Department of Plarrninc, Services', Housing Division, shall establish and maintain a separate account in the project books of account for the Owner. All receipts and disbursements grade for the Owner shall be recorded in the account. 2. Disbursements from: the rehcbi l itation escrow account nhal l be by check, made payable jointly te the ()weer and the Contractor. 3. The Department of Planning Services , Housing Division, shall secure the endorsement of the Owner and shall transmit the endorsed check to the Contractor. 'rogress payments shall be made as follows : 1 . The FIRST progress payment of 50% of the Contract price shall be made when the Project is 80% complete. 2 . The SECOND progress payment of 30% of the Contract price shall be made when the Project is 100% complete. 3. The FINAL payment of the remaining 20% of the Contract price shall be made within 20 days after final inspection and acceptance by the inspector and by the Weld County Division of Building Inspection. Work must be fully completed and the contract fully performed . The Contractor shall submit to the Department of Planning Services , Housing Division, mechanic's lien waivers and satisfactory evidence that all payrolls , materials bills , and other indebtedness connected with .the work have been paid in full . The Contractor shall also submit the Weld County building permits, including electrical , mechanical and plumbing permits , as applicable, and certificate of occupancy issued by the Division of Building Inspection for the property. Upon the receipt of the above information and a notice that the work is ready for final acceptance, the Owner 's inspector shall , within 20 days , issue a final certificate of acceptance, over his own signature, stating that the work provided for in this contract has been completed and is accepted by him under the terms and conditions thereof, and that the balance of the contract price is due and payable to the Contractor . ARTICLE 5, 'PAYMENTS, LIENS OR CLAIMS : If, at any time, there shall be evidence of any lien or claim for which, if established, the Owner of said building might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due, or thereafter to become due , an amount sufficient to completely indemnify it against such lien or claim. Should there prove to be any such claim after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging any lien on said premises made obligatory in consequence of the contractor's default. ARTICLE 6 , THE CONTRACTOR: The Contractor shall promptly pay all subcontractors, material men, laborers and employees , and shall require all subcontractors to do likewise, and shall keep the property free from all liens , claims or judgments , of any and every kind or nature arising from or growing out of the work hereunder, and shall defend , indemnify and hold harmless the Owner from and against any and all such liens , claims , or judgments and from and against any and all suits , actions , or proceedings and of defending same. ARTICLE 7, BOND: The Contractor shall furnish to Weld County a performance bond and Labor and Material payment bond , each in the amount of lO'Q% of the Contract Sum, to cover faithful performance of the Contract and payment of all obligations arising thereunder, or an alternative type of security acceptable to the Board of Weld County Commissioners . ARTICLE 8, INSURANCE: During the term of the Contract, Contractor shall , at his own expense purchase and maintain the following insurance: Workmen's Compensation and Employers Liability Insurance - Statutory Limits ; Comprehensive General Liability-Bodily Injury Liability, including Personal injuries , T,100,000 each occurrence; Property Damage Liability, $300,000 each occurence. l ,urance Certificate shall be submittac' to the Weld County Commissioners . ARTICLE 9, ACCEPTABLE CONTRACTORS : Weld County shall always exercise care and good judgment in selecting a contractor . A selected contractor shall he of good reputation, financially sound , have adequate financial resources to carry out his bid and proposal and be qualified to do the required work. ARTICLE 10, CONTRACTOR'S QUALIFICAT[ON STATEMENT: Weld County requires that all contractors submit a qualification statement with their bid , which will be utilized as a means of assessing the contractor's qualifications for performing the work outlined in the bid proposal . -3- i r:.. 7kttr��'✓" e fs ; ARTICLE 11 , LEAD—BASED PAINT POISONIti, PREVENTIOrN ACT: Every contractor and subcontractor must comply with I.:1' Ii. S. Department of Housing and 1$ urban Development Lead Based Paint Pe r.o.il:ati,ons (24 CFR Part 35) issued i� pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq. ) requiring prohibition of the use of lead-based paint, whenever • assistance is used directly or indirectly for the construction, rehabi1itat:ion , or modernization of residential structres; elimination of immediate lead-based paint hazards in residential structures assisted under this program; and notification of the hazards of lead-based paint poisoning to purchasers , owners and tenants of residential structures constructed prior to 1950 and assisted under this Part. .. Li1/4/E-1....::::47.5.,2.,/ ..• ,(. .....4,././/<,. .14--kA- Le — CONTRACTOR: 'WITNESS CU T R•C O : - ' ' 1 1 1 .)* . denial/YON Crit' ,TY / T I',ME /� , ' �' G r' ii i ,/•,;. l .�i-r-''r� /7 '--7 7--Lam------------ TITLE • DATE (.1-----,1TJ / 0WER J OWNER �4 — SATE DATE The• foregoing instrument was acknowledged b^fr,re me this �� -�' day of� ___..---_, 19 �� by... _._.. . (name of maker(s) enter husband ar.:; viife if applicable My commission expires : �'� • IEnter month, day and yearT WITNESS my hand and official seal . _\,, y. s.1.,..'\;..‘_____--.._-.A_.:___\--c _';>\--. \.-A,3?\1- 0 - . . No3ry Public p (SAL) . , I !� '- DEPARTMENT OF PLANNING SERVICES i rte: ( \I` i HOUSING DIVISION i. PHONE (303) 356-4000 EXT. 400 i , , wn r I . 915 10TH STREET .r.fi ';L, GREE LEY, COLORADO 80631 REHABILITATION GRANT AGREEMENT I COLORADO This agreement made this 17th day of July , 19 78 I for a Housing Rehabilitation Grant is made between the Board of f amon County Commissioners , Weld County, Colorado, and R and Sadie Duran the applicant. I The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount i of _. __56760.77 for the applicant ' s property at 1514 t 25th __Ave. Ct. , in consideration of the applicant ' s ( meeting the following requirements : 1. Applicant (s) agree that. he (they) will continue to own k the above described property for the next five years . 2 . Applicant (s) agree to sign a promissory note, secured by a lien against the property, which will require applicant ' s to repay all or a portion of the grant, should applicant ' s - cease to be owner of the property within the five ( 5) , year period. The obligation will be reduced by 20% for ' each year after the grant year, during which applicant (s) j • continues to own the property as agreed. 3 . Applicant (s) agree that he (they) will deposit the rehabilitation grant funds into an escrow account in a bank designated as a trustee for the funds by the Board of County Commissioners, Weld County, Colorado. 4. Applicant (s) agree to withdraw and return any and all unexpended funds from the grant deposited in the escrow account to the Board of County Commissioners , Weld County, Colorado. This Agreement is executed by the Applicant (s) and the Board of County Commissioners on the date above first written. BOARD OF COUNTY COMMISSIONERS I k) WELD COUNTY, COLORADO Owner ' s Signature Ed Dunbar, Chairman <c-c fP 117, rici ATTEST : /I aut. It-mow. I ,a4E, .i,. ro Owner ' s Signature UI Weld County Clerk and Recorder WITNESS : and Clerk to Board CUACC' ( ,, ., signature ( By : Deputy County Clerk ' • • AGRLI IFHT P'f.iuEft; rnhilR/ClOR Alik OMR A EP:IF I made this /7?Nday of july in the your Nineteen Hundred and Seventy—Sight , by and hetween •Mr._Joe-8areia — Anderson Construction Comp. , hereinafter called the "Contractor" , and Ramon & Sadie Duran hereinafter called the "OwnerWITNESSETH, that the Contractor and the Owner for con- siderations hereinafter named agree as follows : PFUICLL 1 , SCOpr or WORK: The contractor shall furnish all material's i and per- form all the work described in the Description of Work , on the drawings ( if any ) , in the Specifications entitled the Rehabilitation of: Owner(s ) Namur : Ramon & Sadie Duran Property Address : 1514 N. 25th AvenueCio Greeley, Colo. 80631 Legal Description: Lot # 12 — Espanola Subdivision Project ilo. : and shall do ' everything required by this Agreement, the bidding requirement the contract forms , the General Conditions of the Contract, the Specifications , and the Drawings (if any) , and Description of Work. SECTION 3 CLAUSE: A. The work to be performed under this contract is on a project assisted under a program providing direct Federal { inancial assistance from the Departmen- of Housing and Urban Development and is subject to the requirements of Section 3 of the (lousing and Union Development. Act of 19fM, as amended , itI II. C. C. 170u. Section 3 requires that to the greatest extent feasible opnor- turrities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in , or owned in substantial part by persons residinc in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no con- tractual or other disability which would prevent them from complying with these requirements . C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or. understanding, if any, a notice advising the said labor organ- isation or workers ' representative of his commitments under this Section 3 Clause and shall post copies of ; IMP notice iii conspicuous (dares available to employees and applicants for rmnloynent. or training. D. the contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will , at the direction of the appli- cant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcon- tractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a Ilrclirrncu v statement of ability to comply with the requirements of these regulations. F. Compliance with the provisions of Section 3 , the reuulatio'l ; sal 24 CfR � forth in and all apolieahlo rules and orders of the Departaaciit issued .144 thrr, man( prior- in LSo exoe II ; nl the ,,on : rncl„ led Inc he pro- ? Vi' ' ens r;f icii'l illHPD-6211. , 'IiII IA, llll;r-?;%r!o , . anrl VIII) 320' Y , ,Is ,?Ilhli- Lail lra a condition (0 lr"durol iinanclal assi •, Lancr' provided to the project, finer sic ',Ipell the: apnl'icant or recipient for such assis- tanr-:', its ucrns;ors . and assigns . iailure to fulfill those recirirc- mel shall subject the apltlii.alit or recipient , its contractors and sub- . contractors , its successors , and assinns; to those sanctions specified by the grant or loan agreement: or contract through which Federal assistance is provided, and to such sanctions as are' specified la/ 21 (. R Part l35. ARTICLE 2 , TIME OF COMPLEI10ii: LIQUID,ATCD DAMAGES : (a ) Tho -irk performed under this Contract shall he commenced or, the date when the Proceed Order- is issued and shall be fully completed on or before Qctobier_ 16, 1978. _ __ The Owner, tin-ouch the 'held County Departo,ont of Planning Services , Housing Divisio , , shall issue the Proceed Order in wciting within ninety (90) days of the signing of thid Agrieraent. If the ()user does not isbne the Proceed Order 0i thin ninety (0f)) da s , th° Cont'-actnr has the option od withdrawing from Una T✓Irrr.w(ill. ;LIr' f.lrr, :11 f '/ri'l'l ;,r,r sine Cit' '.t. (b) - Tins is an essential element of this Agreement, and :hereto:re, all 'Mork shall be completed slit.hln the contract Period specified :how. in paraeiauh (a ) of this Article 2. r;r "oH calendar day that any work shall remain in- completed after the "1111 of the contract period ,Od , the amount of Fifty Dollars ( S, 50.00 ) per calendar r'a'i grill be a , sessed , nor as a penalty, but as a predetermined and aarced liquidated damages . The Contractor shall not he assessed pith 1 iduidated damages iron fine cost of Engineering and inspection during any delay in the conlplef.iotl of the work -caused by acts of God or of the 'public entlay , acts of the City, County , fire, floods , epidemics , quarantine resti. ction5 strike` . freight emharlloes , and unusually severe weather or, delay. of suhcconi cactp)rr, due to such causes ; provided that the contractor shalt rclthin ten ( 1f) day; from the beginning of any such delay notify the Department, of Planning Servi .,s , Housing Division in writing ef the cause; of such !telly. The Depdr4tiadt of Planning .`rerliues ,. Housing Division , will mite- findings cif fact concerning the delay, which shall he filial and conclusive, and sha ; l determine whether liquidated damages are to he assesscd against the rontrar. t"I indor this Article. In the event the Department of Plunninc ≥ervice: . DePcbigo division , detcrllrines that liqui- dated damages are ter' he ausessed, 1w1_ Arberi of the assessment to he withheld fr-cl, thecontract price shall he d -,.;.r1 from the escrow account in accor- dance _ I with Paragraph 5. g„ Pape 5 ata plr'r 111 of the HUD kehabilitation Financing Handbook (7375. 1 REV to P. i(l) . ARTICLE 3, HE fO TRACT SUM: The Detartm2nt of Planning services , Housing Division , ;hall , on behalf of the Door, ar the Contractor For the performance of the c ntract, subject to additions al ' deductions provided herein , in current lulus as irliows : r ndt 2-6 3U __ tklGaanckSCv€SN 11 r�dACA, )Ili-r9 D,ttARS( 6.:760.27 -----) . - (write in amount) ARTICLE 1 , PAYMENTS: The Owner, through the department of Mannino Services , Dousing Division , shall make progress payments and a final p uynleflt to the Contractor !!Iron a written re- quest by the Contractor, subject to the approval of the Owner ' s inspector as furnished by the Weld County Department of Planning Services , Housing Division. The value of the work satisfactorily completed is based on the contract prices of ' ler and materials incorporated in the error: and of materials suitably stored at the site as estimated by the Copt ; ialal ant approved in writing by the Owner's inspector. Approval of progress ,g'r'in' •r 10, the cuncr' ', in;racoon dill la, wi th- held if the Contractor has not perfl,r,'m ' ' in accordance with the provisions of the Contract Documents and the percentage of the wort completed does nal comply wifh the respective prorlres'; payment requested. Him! shall be wade by the Depart- ment of Planning Services , Housing Division, en hohalt of the owner as follows : 1 . The Department of Planning Services , lhimrsinrl Division , shall establish and maintain a separ ( tr account in the pro ect bob of account for the Hoer. All receipts and ;li.sbur'.rl,rents mode For the 1uicer shall be recorded in the account . 2. Disbursements free',, the rehabilitation escrow account sharp he by check , made payable joint le to the Owner- and the Contractor. ) , he Ilcparl mrnl. ul Nonni nil vi, r•. , Ilon . inrl Ilivi •; ion , '.linI ,scare the undorsoment nl the Owner .rnul '.hall Iran',mil theenor,,el check to the Contractor . Progress payments '(hull he made as follow , : • 1 . The FIRST progress payment of 50l of the Contract price shall he made when the Project is BO'% complete. 2 . The SECOND progress payment of 30% of the Contract price shall be made when the Project is 100% complete. 3 . The FINAL payment of the remaining 20% of the Contract price shall be made within 20 days after final inspection and acceptance by the inspector and by the Weld County Division of Building Inspection. Work must he fully completed and the contract fully performed . The .Contractor shall submit to the Department of Planning Services , Housing Division , mechanic ' s lien waivers and satisfactory evidence that all payrolls , materials hills , and other indebtedness connected with the work have been paid in full . The Contractor shall also submit the Weld County building permits , including electrical , mechanical and plumbing permits , as applicable, and certificate of occupancy issued by the Division of Building Inspection for the property. Upon the receipt of the above information and a notice that the work is ready for final acceptance, the Owner ' s inspector shall , within 20 days , issue a final certificate of acceptance, over his own signature, stating that the work provided for in this contract has been completed and is accepted by him under the terms and conditions thereof, and that the balance of the contract price is due and payable to the Contractor . ARTICLE 5 , PAYMENTS , LIENS OR CLAIMS : If, at any time, there shall he evidence of any lien or claim for which , if established , the Owner of said building might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due, or thereafter to become due, an amount sufficient to completely indemnify it against such lien or claim. Should there prove to he any such claim after all payments are made, the Contractor shall refund to the Owner allmonies that the latter may be compelled to pay in discharging any lien on said promises made obligatory in consequence of the contractor ' s default . ARTICLE 6 , THE CONTRACTOR : The Contractor shall promptly pay •al1 subcontractor:. , material men, laborers and employees, and shall require all subcontractors to do likewise, and shall keep the property free from all liens , claims or judgments , of any and every kind or nature arising from or growing nut of the work hereunder , and shall defend , indemnify and hold harmless the Owner from and against any and all such liens , claims , or judgments and from and against any and all suits , actions , or proceedings and of defending ,ame . ARTICLE 7 , _BOND: The Contractor shall furnish to Weld County a performance bond and Labor and Material payment bond , each in the amount of 100% of the Contract Sum, to cover faithful performance of the Contract and payment of all obligations arising thereunder, or an alternative type of security acceptable to the Board of Weld County Commissioners . ARTICLE 2, INSURANCE: During the term of the Contract , Contractor shall , at his own expense purchase and maintain the following insurance : Workmen' s Compensation and Employers Liability Insurance - Statutory Limits ; Comprehensive General Liability-Bodily Injury Liability, including Personal injuries , $100,000each ,occurrence; Property homage Liability, $300 ,000 each occurence . I ,urance Certificate shall be submitted to the Weld County Commissioners . ARTICLE 0 , ACCEPTABLE CONTRACTORS : Well County Shall always exercise care and good judgment in selecting a contractor 1 selected contractor shall be of good reputation, financially sound , hove adequate financial resources to carry out his bid and proposal and be qualified to do the required work . ARTICLE 10 , CONTRACTOR ' S IUALIFICATION STATEMENT: Weld County requires that all contractors submit a qualification statement with their hid , which will he utilized as a means of assessing the contractor ' s qualifications for performing the work outlined in the hid proposal . fe.4'F r • • 04. t.tlt oy p AR1iCII II , LEAD-LASED PAINT POISONIN PRIUENTION ACT: [ very contractor / ail ,ubcnnlrarIor must comply with ti , II ; . Department of Pouintl ,Intl Urban Development Lead Based Paint H! ulations (24 CER Part .i5) is ued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U .S .C . 4831 et seq . ) requiring prohibition of the use of lead-based paint, whenever assistance is used directly or indirectly for the construction , rehabilitation , or modernization of residential structres ; elimination of immediate lead-based paint hazards in residential structures assisted under this program; and notification of t.hehhazards of lead-based paint poisoning to purchasers , owners and tenants of residential structures constructed prior to 1950 and assisted under this Part . n .J /2/1/., t,.e.C A_AL27 �£_c-- tArFdL /A., W e .al l(a M CONTRACTOR ? WITNESS rik 1.0-C4 931c0R, T3'I , / -1 / TITLE ti:CI (-- / ..(,zy,.<,<,,:,,/,/ 11 - 11 - rl? TITLE DATE IP -4---7-N- O'dfER OWNER T I 11 `2 --- 7--.-17 7 DATE: PATE The foregoing instrument was acknowledged before me this �� , day of y . --- - ' 9 �a by - jname of makerr(s) - enter husband and wife if applicable My commission expires : � ?� -L�� ,,X�� (Enter month , day and year WITNESS my hand and official seal . c ,. Not 'v Public (SEAL) I i ,--;t- , n^,r. a DEPARTMENT OF PLANNING SERVICES '` y, ?a HOUSING DIVISION PHONE (303) 356-4000 EXT. 400 ` WI ,, , 915 10TH STREET ,O REHABILITATION GRANT AGREEMENT GREELEY, COLORADO 80631 t to COLORADO This agreement made this 17th day of July , 1978 f for a Housing Rehabilitation Grant is made between the Board of I County Commissioners , Weld County, Colorado, and Mn. Maria Martinez the applicant. The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount I of _ $12,421.11 for the applicant ' s property at 140j N. ?6th Ayes i Greeley, Colo. 80631 , in consideration of the applicant ' s meeting the following requirements : 1. Applicant (s) agree that he (they) will continue to own the above described property for the next five years . I 2 . Applicant (s) agree to sign a promissory note, secured by ; a lien against the property, which will require applicant ' s to repay all or a portion of the grant, should applicant ' s cease to be owner of the property within the five (5) year period. The obligation will be reduced by 20% for each year after the grant year, during which applicant (s) continues to own the property as agreed. 3 . Applicant (s) agree that he (they) will deposit the rehabilitation grant funds into an escrow account in a bank designated as a trustee for the funds by the 'Board of County Commissioners , Weld County, Colorado. 4 . Applicant (s) agree to withdraw and return any and all unexpended funds from the grant deposited in the escrow account to the Board of County Commissioners, Weld County, Colorado. This Agreement is executed by the Applicant (s) and the Board of County Commissioners on the date above first written . BOARD OF COUNTY COMMISSIONERS 7 WELD COUNTY, COLORADO Owner ' s Signatur 'Ed Dunbar, Chairman j ------_—__. ATTEST:/1iCh.s♦ati.,ti 7 F.U4n4.1 .?"! Owner ' s Signature UQ Weld County Clerk and Recorder WITNESS : 1 and Clerk to J;oard l � n � . L 1] Deputy CCU _. :Clark(e Signature -- • • AGREEMENT BETWEEN CONTRACTOR AND OWNER THIS AGREEMENT made this 17thday of July —_— in the year Nineteen Hundred and Seventy— Eight by and between __ .a jQy Anderson Construction Comp. _ hereinafter called the "Contractor", • and Ms. Maria Martinez , hereinafter called the "Owner" , WITNESSETH, that the .Contractor and the Owner for con- siderations hereinafter named agree as follows: • ARTICLE 1 , SCOPE OF WORK: The contractor shall furnish all materials and per- form all the work described in the Description of Work, on the drawings (if any), in the Specifications entitled the Rehabilitation of: Owner(s) Name: Mso Maria Martinez Property Address : 1403 No 26th Avenue — Greeley, Colo.: 80631 Legal Description: Trot # 56 - .Espanola Z.xbdivision Project No. : • and shall do everything required by this Agreement, the bidding requirements , • the contract—forms, the General Conditions of the Contract, the Specifications, and the Drawings (if any) , and• Description of Work. SECTION 3 CLAUSE: A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Dtepar•tmen- of Housing and Urban Development and is subject to the- requirements of • Section 3 of the Housing and Urban Development Act of 1961, as amended, 12 U.S.C. 17Ou. Section 3 requires that to the greatest extent feasible oppor- tunities for training and employment be given lower income residents of the • project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section •3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no con- tractual or other disability which would prevent them from complying with these requirements . - • C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organ- . isation or workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment dr training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will , at the direction of the appli- cant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcon- tractor where it has notice or knowledge that the latter has been found in violation of regulations unJer 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply. with the requirements of these regulations. . L. Compliance with the 7rovisions. of section 3, the regulations set forth in 24 CUR, and all applIc:ttlt' rules nd orders of the Department issued i • Vc.v • a. $ . • ' thereunder prior to the execution) of the contract, including the pro- . visions of Form HUD-6231 , HUD-62"2:1A, HUD-3200, and HUD 3200B, as appli- N'` cable., shall be a condition o; tits; Federal financial assistance provided to the project, binding upon the applicant or recipient for such assis- tance, its successors, and assigns. Failure to fulfill these require- ments shall subject the applicant or recipient, its contractors and sub- contractors, its successors , and assigns to those sanctions specified by the .grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as ate specified •by 24 CFR Part 135. ARTICLE 2, TIME OF COMPLETION: LIQUIDATCD DAMAGES: (a) The work performed under this Contract shall be commenced on the date when the Proceed Order is issued and shall be fully completed on or before October 16, 1978 The Owner, throucih the Weld County Department of Planning Services, Housing Division, shall issue the Proceed Order in writing within ninety (90) days of the signing of this Agreement. (f the Owner does not issue the Proceed Order within ninety (90) days, the Contractor has the option of withdrawing from the Agreement and the Contract Documents shall be void and of no effect. (b) Time is an essentiAl element of this Agreement, and therefore, all work shall be completed within the contract period specified above in paragraph (a) of this Article 2. For'each calendar day that any work shall remain in- completed after the end of the contract period, the amount of y_._.-- ..--.-----.._._. Dr;liars ($ 50.00 ) per calendar d / viir(-beas- sessed, not as a penalty, but as a predetermined and agreed liquidated damages. The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and Inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, County, fire, floods, epidemics, quarantine restrictions, strikes , freight embargoes, and unusually severe weather or delays of subcontractors due to such causes ; provided that the contractor shall within ten (10) days from the beginning of any such delay notify the Department ;:f Planning Services, Housing Division in writing of the causes of such delay. The Department of Planning Services , Housing Division, will make findings of fact concerning the delay, which shall be final and conclusive, and shall determine whether liquidated damages are to be assessed against the Contractor under this Article. In the event the Department of Planning Service& Heusine Division, determines that liqui- dated damages are to he assessed, the ;:,r,unt of the assessment to be withheld from. the contract price shall be disha:'scd from the escrow account in accor- dance with Paragraph 5.g. , Page 5, Cheeter 14 of the HUD Rehabilitation Financing Handbook (7375. 1 REV to 2.74). ARTICLE_3, THE CONTRACT SUM: The Depari�:�ent of Planning Services, Housing Di v i s on, sha 1 l , on behalf of the Owner, pay the Contractor for the performance of the contract, subject to addition:; and deductions provided herein, in current funds as follows : tiewocLo_ 40„„-0,_4(04.71:061tone._ ---%LLARS (write in amount) ARTICLE 4, PAYMENTS: The Owner, through the Department of Planning Services , Housing Division, shall make progress payments and a final payment to the Contractor upon a written re- quest by the Contractor, subject to the approval of the Owner's inspector as furnished by the Weld County Department of ,Planning Services . Housing Division. The value of the work satisfactor'il', completed is based on the contract prices of .00r and materials incorporated ;h work and of materials suitably stored at the site a5 estimated .by the Centre °.ar• and al'.proved in writing by the Owner's . inspector. Approval of progress payrnr ' ; by the Owner's inspector will be with- held if the Contractor has not peri'ormed ;n accorelance with the provisions cf the Contract Documents and the percentage of the work cclnpl eted does not comply with the respective progress paynrerit requested. Payments shall be made by the Depart- ment of Planning Services,. Hou:;irn(.l Division, on be;!el f of the owner as follows : • 1 . The Department of Planning Services, Ilcjsieg Division, shall establish and maintain a separate ::ceour'' in the project ;)ooks of Account for the • Owner; All receipts and c:isbur';er eats made for the Jener• shall be recorded in the account. 2. • Di tbi.rrsernents fr'oi" the rehabilitation eacro i account shell he by check, made i)eyaele .jointly ee the Oweer ,rid the Contractor. actor. • • 3. The Department of Planning Services, Housing Division, shall secure , ea the endorsement of the Owner and shall transmit the endorsed check to the Contractor. Progress payments shall be made as follows : 1 .. The FIRST progress payment of 50% of the Contract price shall be made when the Project is 80% complete. • 2. The SECOND progress payment of 30% of the Contract price shall be made when the Project is 100% complete. • 3. The FINAL payment of the remaining 20% of the Contract price shall be made within 20 days after final inspection and acceptance by the inspector and by the Weld County Division of Building Inspection. Work must be fully completed and the contract fully performed. The Contractor shall submit to the Department •of Planning Services , Housing Division, mechanic's lien waivers and satisfactory evidence that all payrolls , 7.aterials bi;ls , and other ir.debtedness' conrected with the work have been paid in full . The Contractor shall also sub`rit the ',':e:c :ours: building permits , including electrical , mechanical and plumbing permits , as applicable, and certificate of occupancy issued by toe Division of Building Inspection for the property. Upon' the receipt of the above information and a notice that the work is ready for final acceptance, the Owner's inspector shall , within 20 days , issue a final certificate of acceptance, over his own signature, stating that the work provided for in this contract has been completed and is accepted by him under the terns and conditions thereof, and that the balance of the contract ;trice is • due and payable to the Contractor. ARTICLE 5, PAYMENTS, LIENS OR CLAIMS : if, at any time, there shall he evidence of any lien or claim for which, if established, the Owner of said building might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due, or thereafter to become due, an amount sufficient to completely indemnify it against such lien or claim. Should there prove to be any such claim after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging any lien on said premises made obligatory in consequence of the contractor's default. ARTICLE 6, THE CONTRACTOR: The Contractor shall promptly pay all subcontractors, material men, laborers and employees , and shall require all subcontractors to do likewise, and shall keep the property free from all liens , claims or judgments , of any and every kind or nature arising from or growing out of the work hereunder, and shall defend, indemnify and hold harmless the Owner from and against any and all such liens , claims , or judgments and from and against any and all suits , actions , or proceedings and of defending same. ARTICLE 7, BOND.: The Contractor shall furnish to Weld County a performance bond and Labor and Material payment bond, each in the amount of.100% of the Contract Sum, to cover faithful performance of the Contract and payment'of all obligations arising thereunder, or an alternative type of security acceptable to the Board of Weld County Commissioners. ARTICLE 8, INSURANCE: During the term of the Contract, Contractor shall , at his own expense purchase and maintain the following insurance: Workmen's Compensation and Employers Liability Insurance - Statutory Limits ; Comprehensive General Liability-Bodily Injury Liability, including Personal injuries, $100,000 each occurrence; Property Damage Liability, $300,000 each occurence. i' urance Certificate shall be submitted to the Weld County Commissioners. ARTICLE 9, ACCEPTABLE CONTRACTORS: Weld' County shall always exercise care and • good judgment in selecting a contractor. ;, selected contractor shall he of good reputation, financially sound, have adequate financial resources to carry out his bid and proposal and he qualified to do the required work. ARTICLE 10, CONTRACTOR'S QUALIFICATION STATEMENT: Weld County requires that all contractors submit a qualification statement with their hid, which will be utilized as a means of assessing the contractor's qualifications for performing the work outlined in the bid proposal . L, , d "I yr. i I ' ; I. I Ilry Y.I , F.It ' . / a ; , ' rc I -I - 1 _ I. ! J ci ledIre ll / ) ' L I(' l ,' l . ;l'CI r ) ' f,ltlr.l„ ,i- i , . • .I I I ,,,'r'I fit 1, ,' Iii �. ; ,1';1 . I _r; I ' n ', Ji•,,h -•. , , ..� ,ik ��f5c� _ r'�'r 6e /-�c uO. LUA(utc 1L1. '4 r '�'- ,�', .« c��- I-10L 1 �, C� �_►c�rt, I 'ice /r�c�/t_//'c / r 17.1 -1 imp- ?79anCC✓ ble7e,Ws- a1 7 //7/76 t i nr :r ear sl 'r �� ray of Hi' m, snd wi ; e if appl ;ca` ] rI c, IQy colnmission expires : ,a_\I \ IS �_ ._____ (Enter man�:h , day and' year) WI1NESS my hand and official seal . = ' ii\\,,.: Noi_, y Public (SEa ' L Hello