HomeMy WebLinkAbout780359.tiff DEPARTMENT OF PLANNING SERVICES
44044 D
HOUSING DIVISION
PHONE 1303) 356-4000 EXT. 400
C915 10TH STREET
O REHABILITATION GRANT AGREEMENT GREELEY,V, COLORADO 80631
COLORADO
This agreement made this 2071-b day of gem ' M ie , 19 78
for a Housing Rehabilitation Grant is made betty en the Board of
County Commissioners, Weld County, Colorado, and
Martina Lopez the applicant.
The Board of County Commissioners, Weld County, Colorado
hereby agrees to give a Housing Rehabilitation Grant in the amount
of $7, 356 .00 for the applicant ' s property at 1416 North 25th
Ave. , Greeley, CO 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 .
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
WELD COUNTY, COLORADO
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Owner ' s Signature d Dunbar, Chairman
ATTESJP;,^:
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Owner ' s Signature )c'u✓ 1 ~ �
Weld count Cl and Recorder
WITNESS : and Clerk to e card
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Signature� • 780359y: Deputy Coun Cle780359 40/1.-40/1.-: PI,/,. ,,
CONTRACT NOTIFICATION
DEPARTMENT OF PLANNING SERVICES
HOUSING DIVISION
PROJECT: Espanola Program - Phase III
DATE:
PARCEL: Lot 42, Espanola Subdivision
OWNER (s) NAME: Martina Lopez
PROPERTY ADDRESS: 1416 North 25th Avenue,
Greeley, Colorado 80631
A Rehabilitation Grant in the amount of $ 7, 356 .00 has
been awarded to the owner (s) of the above property to perform
the work called for in the "Contract Documents . "
Your offer will be accepted and the Contract Documents to
eff ct such improvements will be executed at1Jtlp Cwt F{A4
on *. 20) 1C11g at 7:0O o ' clock. IA1�
You are reminded that the work covered by the Contract
Documents shall not be undertaken until issuance of a Notice
to Proceed is given by the Department of Planning Service-
Housing Division and the Owner in accordance with the Contract
Documents.
Ld'&(1QKa M VA) . unD.B-
(Authorized Signature)
(Title)
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(Date)
•
CONTRACTOR' S NOTICE TO PROCEED
DEPARTMENT OF PLANNING SERVICES
HOUSING DIVISION
• PROJECT: Espanola Program - Phase III
DATE:
PARCEL: Lot 42, Espanola Subdivision
OWNER (S) NAME: Martina Lopez
PROPERTY ADDRESS: 1416 North 25th Avenue
Greeley, Colorado 80631
TO: Anderson Construction Co.
(Contractor)
ADDRESS: 720 & 1 15th Street
Greeley, Colorado 80631
You are hereby authorized to begin the Rehabilitation Work for
the property listed above. This property will be open and
available to you to perform the work stated in the Contract
Documents between the hours of 7.'00. A1M —
for the following days MONt)A %iafl each week. (1 DAN/5)
Access to the site shall be grant from the to of this
Notice to Proceed until NrA1p, PJt, 30, i(]i $ •
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Owner (s) Signature e Date
Owner (s) Signature Date
Attest:
♦
Title
General Contractor to sign and date this form and return it to
the Department of Planning Services-Housing Division.
Dat Contractor
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AGREEMENT BETWEEN CONTRACTOR AND OWNER
THIS AGREEMENT made this th
`2O —day of Spp4ttheein the year Nineteen
Hundred and seventy—eight , by and between Anderson
Construction Company , hereinafter called the "Contractor" ,
and Martina Lopez , 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: Martina Lopez
Property Address : 1416 North 25th Ave. , Greeley, Colorado 80631
Legal Description: Lot 42, Espanola Subdivision
Project No. : FS - 6 DN - 0S GRANT
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.
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 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
thereunder prior to the execution of the contract, including the pro-
visions of Form HUD-6231 , HUD-6231A, HUD-3200, and HUD 3200B, as appli-
cable, shall be a condition of the 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 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 he Proceed Order is issued and shall be fully completed on or before
NoVew. oeR. 30 I R 7 3 . 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 oeriod 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 will be as-
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 of 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 Services, Housing Division, determines that liqui-
dated damages are to be assessed, the amount of the assessment to be withheld
from the contract price shall be disbursed 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 :
seven thousand three hundred fifty six DOLLARS($ 7, 356. 00 ) .
(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 satisfactorily completed is based on the contract prices of
' .00r and materials incorporated in the work and of materials suitably stored
at the site as estimated by the Contractor and approved in writing by the Owner's
inspector. Approval of progress payments by 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 Planning Services, Housing 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.
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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 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 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 . 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 be
utilized as a means of assessing the contractor's qualifications for performing
the work outlined in the bid proposal .
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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 Regulations (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.
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CONTRACTOR: WIESSSS
TITLE I,��.lnv` :1 U
ham; 21.T 920 - 73
TITLE DATE
OWNER �O , � U
OWNER
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DATE DATE
The foregoing instrument was acknowledged before me this
day of`�� *Tvtk\\\,-\ , 19% by
(name of maker(s) - enter husband and wife if applicable
My commission expires : )%�,�,,,
(Enter month, day and year)
WITNESS my hand and official seal .
cN ary u Public
(SEAL)
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