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Home My WebLink About770430.tiff RESOLUTION RE: AUTHORIZATION FOR CHAIRMAN TO EXECUTE THE RURAL HOUSING GRANT PROJECT CONTRACT BETWEEN THE DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, AND THE COUNTY OF WELD. 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, the Director of the Department of Planning Services has informed the Board of County Commissioners of the necessity to execute The Rural Housing Grant Project contract between the Department of Local Affairs, Division of Housing, and the County of Weld, to provide State housing grants to public and non-profit private housing sponsors to induce at least equal amounts of non-State investments for the construction, rehabilitation and acquisition of housing for low-income families and persons, and WHEREAS , Weld County has as one of its intended purposes, to provide adequate housing and facilities incidental thereto for low-income families and persons; and WHEREAS, physical conditions exist in houses in Weld County, Colorado, which pose dangers to the health, welfare, and safety of low-income homeowners, and WHEREAS, the County of Weld has adopted a program to provide adequate housing for low-income homeowners and has appropriated, or obtained commitments for, housing rehabilitation funds for the program for the Evanston, Wattenburg and Greeley Spanish Colony areas of Weld County, and WHEREAS, the Board of County Commissioners of Weld County, Colorado deems it advisable and in the best interest of Weld County, Colorado to authorize the Chairman of the Board to execute the above-mentioned contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Chairman of the Board be, and hereby is authorized to sign the contract for the Rural Housing Grant Project by and between the Department of Local Affairs, Division of Housing, and the County of Weld, a copy of which is attached hereto and incorporated herein by reference. ///k0/ ,��/< C-4 770430 The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of October, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORA O ( L� 7 ✓ !� 'r 'r-tom: -i _ —tifla`t`ATTEST: Weld County Clerk and Recorder and Clerk to the Bo. rd +, Deputy County C Y 7 \ c±il AURD�.AS TO FORM: unty Att ney Date Presented: October 17 , 1977 -2- 711—67 form 6-AC-02A DEE. rME:N r OR AGENCY NUMBER 32 OO OJ CONTRACT ROUTING NUMBER .7 8- o 9 RURAL HOUSING GRANT PROJECT OC,j CONTRACT �p THIS CONTRACT, made this___day of OQS/6'120-1(---) 1971., by and between the State of Colorado for the use and benefit of the Department of '1 Local Affairs, Division of Housing hereinafter referred to as the State, and 'z the County of Weld hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient encumbered balance thereof remains available for payment in Fund Number 4001 , G/L Account Number ,Contract Encumbrance Number 15107 ;and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies;and WHEREAS, "3 the State-Division is empowered to provide State housing grants to public and non-profit private housing sponsors to induce at least equal amounts of non-State investments for the construction, rehabilitation and acquisition of housing for low-income families and persons; and WHEREAS, Contractor has as one of its intended purposes to provide adequate housing and facilities incidental thereto for low-income families and persons; and WHEREAS, physical conditions exist in houses in Weld County, Colorado, which pose dangers to the health, welfare, and safety of low-income homeowners; and WHEREAS, the County of Weld has adopted a program to provide adequate housing for low-income homeowners and has appropriated, or obtained commitments for, housing re- habilitation funds for the program for the Evanston, Wattenburg and Greeley Spanish Colony areas of the County; NOW THEREFORE, it is hereby agreed that I. "° State-Division shall deposit the amount of Thirty Thousand Dollars ($30,000.00) in the account of Contractor for housing rehabilitation, construction, reconstruction, acquisition, moving and placement for low-income homeowners, at such time as Contractor has placed in the account, or has firmly committed, a like or greater amount for the work, State funds shall be withdrawn from the project account only with approval by State-Division director or his designee; and 2. The estimate for funding for said program to provide adequate housing for low-income homeowners is about Two-Hundred Sixty Thousand Dollars ($260,000.00) of which State-Division share is Thirty Thousand Dollars ($30,000.00) and Contractor non-State matching share from federal Community Development monies is about Two- Hundred Thirty Thousand Dollars ($230,000.00) . State-Division share and Contract non-State matching share shall be used for grants to low-income homeowners. Private and federal housing rehabilitation loans shall be utilized, when feasible, to com- plement and supplement State-Division and Contractor non-State grant monies; and 3. State-Division share shall be its maximum liability, and Contractor shall pay the entire amount of any excess over said estimate for said program; and 4. No part of said State-Division Thirty Thousand Dollar ($30,000.00) share and no part of Contractor non-State matching share of about Two-Hundred Thirty Thousand Dollars ($230,000.00) shall be used for project planning, development, or administration; and Page 1 of pages *(Ser instruction:on rav'rst of Last page.) 5. State-Division, other appropriate government agency, or any person designated by such agency, shall have the right to inspect said housing rehabili- tation, construction, reconstruction, acquisition, moving and placement, providing that such inspection be conducted at a reasonable time and in a reasonable manner; and 6. State-Division, other appropriate government agency, or any person des- ignated by such agency, shall have the right to audit said program account, pro- viding that such audit be conducted at a reasonable time and in a reasonable manner; and 7. Contractor shall cause said housing rehabilitation, construction, recon- struction, acquisition, moving and placement to be performed in a good and workman- like manner and in conformity with appropriate Federal, State and local requirements; and 8. Contractor agrees to require owners of rehabilitated, newly-constructed, reconstructed and acquired housing to which funds provided by this contract are applied to bind themselves by contract to refund to the Contractor any amount derived from State funds pursuant to this contract in the event said owners dispose of or cease to occupy the property to which said amount has been applied pursuant to this contract. Such contract shall provide for scheduled decreases in the amount which the owner shall be required to refund until the expiration of at least the fifth (5th) year after completion of rehabilitation or acquisition and rehabilitation of existing housing, and until the expiration of at least the tenth (10th) year after completion of acquisition of newly-constructed housing, and that such obligation shall be an encumbrance and lien on the property. The Contractor agrees to record a copy of said contract with the Clerk and Recorder of the County wherein the real property lies as an encumbrance and lien upon the real property. The Contractor further agrees to use all State funds refunded by the owner prusuant to said contract for the same use for which provided pursuant to this contract. In the event Contractor is no longer administering said program, all State funds refunded by owners pursuant to said contract shall be returned to State-Division; and 9. Any Contractor contracts for rehabilitation and construction shall be bid under procedures approved by the State-Division. All work shall be awarded as a re- sult of open competitive bidding and award made to the lowest responsible bidder; and 10. Contractor shall provide a status report at least every thirty (30) days, or as required, showing project completion percentage, funds utilized, and funds re- maining; and 11. Contractor shall expend or encumber Thirty Thousand Dollars ($30,000.00) State-Division share and Two-Hundred Thirty Thousand Dollars ($230,000.00) Contractor non-State matching share by December 31, 1978. Any unencumbered State funds remain- ing in program account on said date shall be returned to State-Division. • Page 2 of 4 pages -Form 6-AC-026 - SPECIAL PROVISIONS CONTROLLER'S APPROVAL • 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. • FUND AVAILABILITY 2. Financial obligations of the State payable.after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. • BOND REQUIREMENT 3. If this contract involves the payment of more than ten thousand dollars for the construction,erection,repair, maintenance, or improvement of any building,road,bridge,viaduct,tunnel,excavation or other public works for this State,or for any county,city and county.municipality,school district,or other political subdivision of the State,the contractor shall, before entering upon the performance of any such work included in this contract,duly execute and deliver to and file with the board,officer,body,or person by whom such contract was awarded a good and sufficient bond to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at tlte rate of eight per cent per annum. Unless such bond, when so required, is executed,delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allowed or paid. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges. underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city,town,village or other civil subdivision of the State in• which the building or other public work is located.Disputes respecting prevailing rates will be resolved as provided in 8-16-101,CRS 1973,as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action,dated April 16, • 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. • During the performance of this contract, the contractor agrees as follows: • (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status.religion,ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include. but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings:lay-offs or terminations:rates of pay or other forms of compensation;and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status,religion,ancestry, mental or physical handicap,or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations,and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975. and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. • (5). A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed, color,sex,national origin,or ancestry. (6) A labor organization. or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to he discriminatory or obstruct or prevent any person from complying with.the provisions of this contract or any order issued thereunder:or attempt.either directly or indirectly,to commit any act defined in this contract to be discriminatory. • • page- .3_._of . 4...._pages Form 6-AC-021: ' • (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized'in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (I) through (II) in every sub-contract and sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 197 5.so that such provisions will be binding upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance: provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. • COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101,& 102, CRS 1973 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part slagsl be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. The signatories hereto aver that they are familiar with 18-8-301, et seq.,(Bribery and Corrupt Influences) and 18-8-401,et seq., (Abuse of Public Office), C.R.S. 1973, as amended,and that no violation of such provisions is present. • 9. The signatories aver that to their knowledge, no state employee has any persona! or heneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. COUNTY OF WELD STAT COLORADO RlCI A ) 1). LAN . 1 •1:()VI:R1()R • /Contractor G I Y • EXlC'L'1'1�'E DIRE -_-_._.. �p k• irperson �AV�-A �e2L DEPARTMENT Position_ ' and of Weld county g '_gsJ_c�neaB• -._.-._._._._..... 'FAIRS Attest: ^r^�- ^"vi-".•�:.,V.,1> • • Coun -Clerk a Recorder . ccit:-..) 6. -v-1.3t...._ jArPRoVALS Deputy Coup erk • �i V;-i 1 j i EIVIu AL DAN S. ATT NEN'GF NER• Jr r. r • _- '0. R0LLERI By r At Elli- Gene:ul L.:,:•,.;.: . ..... ..;:s • iT1±III---- Page...------which is the last of__..4__.page, --- State Housing Board 'Ses insurti. i„ni i.n reverse side. • Approved 9-16-77 . it 4 DEPARTMENT OF PLANNING SERVICES f 1, V, HOUSING DIVISION PHONE (303) 356-4000 EXT. 400 IIIIIIDe. 915 10TH STREET REHABILITATION GRANT AGREEMENT GREELEV, COLORADO 80631 COLORADO This agreement made this 28th day of December , 1977 for a Housing Rehabilitation Grant is made between the Board of County Commissioners, Weld County, Colorado, and Tony and Ramona Ruiz the applicant. The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount of $4, 878.00 for the applicant' s property at 445 Dunmire St. , Evanston, CO , 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 COUNTY, COLORADO Owner ' s igne p ne K. Steinmark, • / �"/'� ' acz { ATTEST: /I� i $iii Owner' s Sign ‘- J Weld County erk an # er I W S • and Clerk to the Boar ws • J � YL y �, L'�cletwt »2eSignature I "�( By: Deputy Cty Clerk 4 -tc( ten DEPARTMENT OF PLANNING SERVICES HOUSING DIVISION C PHONE (303) 3564000 EXT. 400 915 10TH STREET O REHABILITATION GRANT AGREEMENT GREELEY, COLORADO 80631 COLORADO This agreement made this 21 day of December , 192 for a Housing Rehabilitation Grant is made between the Board of County Commissioners, Weld County, Colorado, and Perry and Florence Kerr the applicant. The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount of $5, 850 .00 for the applicant ' s property at 111 .Tnhncnn qt Evanston, Colorado , 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 W,D COUNTY, COLORADO Owner ' s tgnature une K. Steinmark, C 'C' '> 1 tirniZ)\ ! X ....1,7.0-24,4-Cc, , / 14 4 / ATTEST:' Owner ' s Signature Weld County lerk andt .1%% WI : . and Clerk to the Boar 1t•P'► \'SLR � . �Q Si: '.ture . By: Deputy Co my Clerk 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 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 Con- tractor'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, INSURANCE: The Contractor shall furnish liability and property damage insurance and Workmen's Compensation in accordance with the General Conditions of the Contract Documents . ARTICLE 8, THE CONTRACTOR: The Contractor shall not assign this Agreement or any of the payments that become due hereunder without written consent of the Owner which bears the approval of the Department of Planning Services , Housing Division. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals at -E-NA Nis-;n N , Colorado, the day and year first above written. CONTRA R:v-6MRDIAJ61 O,Usrtdarnn,J (o. BY: TITLE: Cult!/2 ATTEST:14G7%(1/et_ OWNER: /? TITLE:S , /2_ DATE: ✓ �� 2'/ -/9)7 OWNER:✓ �d ,m4 �, / ice/r/ DATE: DATE: ✓.jc.. /-- /977 . �Qir thereunder prior to the execution of the contract, including the pro- visions of Form HUD-6231 , HUD-6231A, HUD-3200, and HUD 32006, 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 thg,n,Proceed Order is issued and shall be fully completed on or before IVl4 Rc H [ 4 i97 S• . 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 - €i.fty 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: five thousand one hundred twenty four DOLLARS($ 5, 124.00 ). (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 labor 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... _2_ , AGREEMENT BETWEEN CONTRACTOR AND OWNER THIS AGREEMENT made this 21 day of December in the year Nineteen Hundred and seventy—seven by and between Joe Gardinq , hereinafter called the "Contractor" , and Perry and Florence Kerr 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: Perry and Florence Kerr Property Address: 131 Johnson Street, Evanston, Colorado 80530 Legal Description: Lots 5 and 6, Block "T" of the Evans Addition Project No. : B-76-DN-08-0014 Application No. EV-6-DN-08, Grant #4 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 appTi- 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 _ 4 DEPARTMENT OF PLANNING SERVICES HOUSING DIVISION PHONE (303) 356-4000 EXT. 400 11111De. 915 RA STREET REHABILITATION GRANT AGREEMENT GREECEY, COLORADO 80637 COLORADO This agreement made this 21 day of December , 1977 for a Housing Rehabilitation Grant is made between the Board of County Commissioners, Weld County, Colorado, and Edith N Rriich the applicant. The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount of $4, 490 .00 for the applicant ' s property at 417 Johnson Street, Evanston, CO , 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 Wi COUNTY, COLORADO X A ;xl..'2'l. h! ( J2 ‘e-t'? Owner ' s Signature ne K. Steinmark, Ch `�" ��S ATTEST: Owner ' s Signature ©�'J Weld County lerk and ,i W SS - and Clerk to the Board ' ✓ q C c Signature By: Depu y Co my Clerk AGREEMENT BETWEEN CONTRACTOR AND OWNER THIS AGREEMENT made this 21 day of December in the year Nineteen Hundred and seventy-seven by and between Joe Garding , hereinafter called the "Contractor", and Edith N. Brush , 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: Edith N. Brush Property Address: 417 Johnson Street, Evanston, Colorado 80530 Legal Description: Lots 57, 58 and 59, Block "I" Evans Addition Project No. : B-76-DN-08-0014 Application No. EV-6-DN-08, Grant #3 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 32006, 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 the Proceed Orgler is issued and shall be fully completed on or before MpQ-H 14 i 191 S . 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 ($50. 00 ) per calendar day will be as- sessed, not as a penalty, but as a predetermined and agreed liquidated damages. The Contractor shall not be assessed with liquidated damages nor the cost of ' Engineering and Inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, County, fire, floods, epidemics, quarantine restrictions, strikes , freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the contractor shall within ten (10), days from the beginning of any such delay notify the Department of Planning Services, Housing Division in writing of the causes of such delay. The Department of Planning Services, Housing Division, will make findings of fact concerning the delay, which shall be final and conclusive, and shall determine whether liquidated damages are to be assessed against the Contractor under this Article. In the event the Department of Planning Services, Housing Division, determines that liqui- dated damages are to be assessed, the amount of the assessment to be withheld from the contract price shall -be disbursed from the escrow account in accor- dance with Paragraph 5.g. , Page 5, Chapter 14 of the HUD Rehabilitation Financing Handbook (7375.1 REV to 2.74). ARTICLE 3, THE CONTRACT SUM: The Department of Planning Services, Housing Division, shall , on behalf of the Owner, pay the Contractor for the performance of the contract, subject to additions and deductions provided herein, in current funds as follows: three thousand five hundred forty two DOLLARS($ 3, 542. 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 labor 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. -2- 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 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 Con- tractor'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, INSURANCE: The Contractor shall furnish liability and property damage insurance and Workmen's Compensation in accordance with the General Conditions of the Contract Documents . ARTICLE 8, THE CONTRACTOR: The Contractor shall not assign this Agreement or any of the payments that become due hereunder without written consent of the Owner which bears the approval of the Department of Planning Services, Housing Division. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals at Uf}ps-�O N , Colorado, the day and year first above written. CONTRACTOR yC67-7pALD 0.01.3sitep. TITLE: &d u MAL— ` ATTEST: OWNE (. /3/4/ v TITLE: DATE:• OWNER: DATE: DATE:_ tzt, -3- i1 - zI - 11 „„i.ENT * � fp DEPART, � Z r+ A LA �� -�. OF HOUSING AND URBAN DEVELO.. ,hIyT �>�++�+r�.1,/r� /r„n ALA it *� f`K7F=�'\ IIIIIIII REGIONAL OFFICE -w^^ c° EXECUTIVE TOWER - 1405 CURTIS STREET °84/130 wI DENVER, COLORADO 80202 REGION VIII IN REPLY REFER TO. September 27, 1977 8DF Mrs. June Steinmark, Chairperson Weld County Board of County Commissioners P. 0. Box 758 Greeley, Colorado 80631 Dear Mrs, Steinmark: Thank you for your response to our inquiry on the status of your Community Development Block Grant (CDBG) program. We are hereby granting you a ten month extension, to June 30, 1978, for completion of your project, B-76-DA;-08-0014. Your ability to execute your program and expeditiously complete it will be a consideration in any further requests for funding. When you have completed your activities, or you have obligated all your grant funds, please contact us. We will then determine if an independent audit is necessary or if we can waive the procedure. Sincerely, i57 - Sa,�d+►a k• Woodto 3" i I Robert J. Matuschek Assistant Regional Administrator Community Planning and Development Teck Ti" I kl, s 4 SJ`•' }�,lA�t.�,.,'IA.P ea.C_L,L4 vUU g p KCC.f E ,-Lt 4—e,“ 0 T15r/ :a i6l3Ill �co REGEIV ti Weld County n- f Planning Commission J Casper, WyomPnq.Denver, Colorado•Par Insuring Offices -- — go, North Dakota Eie Lena, Montana-Salt Lake City, Utah.Sioux Falls, South Dakota 0f�f1jfff DEPARTtO . OF HOUSING AND URBAN DEVEL0E-. _.NT * I ' * n REGIONAL OFFICE �� IIIIIIII c° EXECUTIVE TOWER - 1405 CURTIS STREET .0443.1004 DENVER, COLORADO 80202 tr.eptanter 29, 1977 REGION VIII 1N REPLY REFER TO: 3 SDI' 4 pr‘'/ OCT 1977 RECEIVED Weld County Mr. Bill Rodriguez P19110,7 CommisSil '- Weld County Department of Planning Services -4* 915 10th Street Greeley, Colorado 80631 Lear Mr. Rodriguez: In response to your recent telephone conversation with Ms. Lynn Smith of our staff, we are enclosing a copy of the Section 8 invade limit figures for weld C catty. The figures in line crie represent 80 percent of the median income and the figures in line two represent 50 percent of the median income. We hope this infccamticn is helpful to you. If you need further assistance, please contact Ms. Lee Rhoad, your Ccrmunity t vale rnent Representative, at 837-4666. Sincerely, John S. Beale, Jr. Director, Field Operations Division Oit uziity Planning and Develocrent Enclosure Insuring Offices Casper, Wyoming•Denver, Colorado•Fargo, North Dakota•Helena, Montana•Salt Lake City, Utah•Sioux Falls, South Dakota Hello