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HomeMy WebLinkAbout1981 Ordinance No. 056... ., • • • ORDINANCE NO.~ SERIES OF 1981 BY AUTHORITY 73 COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AGREE MENT BETWEE N THE CITY OF EN GLE WOOD, COLORADO, AND STATE DE P ARTMENT OF HIGHWA YS, DIVISION OF HI GHWAYS, FOR THE CONSTRUCTION OF HANDICAP RAMPS ON EA ST GIRARD AVENU E IN THE CITY OF ENGLEWOOD, STATE OF COLORADO. BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The City Council of the City of Englewood he reby approves a contract identified as"M 1166(1) --E. GIRARD AV E. -- S. CLARKSON ST. -WES T, Fund Number 2001, Account Numb er 52046, Contract Encumbrance Numb e r 81098," consisting of fourte e n pages, thirteen of which are typewritten, a copy of which is attached hereto and incorporated by reference, providing generally a s follows: 1. Total project cost shall be shared on the basis of approximately $94,000 in Federal Aid Fund, $20,680 in City of Englewood funds; State and City will provide for the design review approval of construction plan, letting of bids, obtaining the necessary permits and rights-of-way. 2. City will majntai n and operate the i mprovements. 3. The local agency has the option to accept or reject any proposal of a low bidder within 48 hour s after said bids are publicly opened . 4. Following award of the contract, no further revisions in design data or cost estimate shall be made exce pt by agreement between the State and the City . Section 2. The City Council of the City of Englewood hereby approves the for egding a nd authorizes the Mayor of the City of Englewood and the Director of Finance ex officio City Clerk- Treasurer to affix th ei r signature s to the same for and on behalf of the Ci ty Council of the City of Englewood. Introduced , read in full , and passed on first reading on the 6th day of July, 1981 . , • • • Published as a Bill for an Ordinance on the 8th day of July I 1981. Read by title and pa ssed on final reading on the 20th day of July, 1981. Published by tit l e as Ordinance No. ~(p , Series of 1981, on the 22nd day of J uly, 1 981 . ·~~---L. Ot1 , Ma y or Attest: Clerk- I, Gary R. Higb ee , e x officio City Clerk-Treasurer of the City of Englewood , Col orado, hereby ce rtify that the above and foregoin g is a true, accur ate and complete copy of the Ordinance passed on final reading and publishe d by title as Ordinance No.~, Ser ie s of 1981 . ~~ -2- ' • • • U"PAll.TMENT OR AGENCY l'IUMBER 28 00 00 CONTRl\Cf MOUTING NUM8!;1l 1 M 1166(1)--E. GIRARD AVE .- S. CLARKSON ST.-WEST ..·; ,.._;: CO NlRACT 1·ms CONTRACT, made this day of 19 -·by and between the State of Colorado for the u se :ind brndit of THE S'rATE 11EP/\R'rt1.E NT OF HIGHWA~ DIVTSION OF HIGHWAY ~ hereinafter rtfcmd to as tht St 3t e, and the CITY OF ENGLE~OOD , STATi OF COLORAOO herein3fter referred to :is the Lo c al Ag e ncy o r an the Contra c tor, WHEREAS. au th ority exL..s in the Law and Funcls h ~ve been b111J gc t.:d, ap propriated nnd othenvi!se mlde av:iil able and a sufficient unen cum~ttJ balance there of remains avail ab le for payment in Fund Number~ 0O1 _, C/L Acc ount Numbf!r 5204 6 , Co nt ra ct Encumbrance Numhe._.81 09 8 __ ;and WHERE AS, re,1uirrd app «•va l, c k ::i r:11H·c aod coordinat ion ha s b een :i ct'ompli shrd fro m nod wi th appro priate al}encies; and WHEREAS, p ursu a n t to Title 23, United States Code and the r egul a - tion s promulgated there under cer tain Fede ral funds have been a nd will in the future be, allocated for the impro vement o f certain route s on the d esigna ted urban system and which are not on any other Federal-aid sys tem , h e reinafter referred to as the program; a n d WH ERE AS, pursuan t to the aforl:!sa id laws and regu lations, routes on t h e urban system arc · c.ligib J to be· i mpn .. ved under the program at no cost to th e State ; and WHEREAS , the State and the Local Ag e n cv h ave h e retofor e e nt e r ed jnto <l ma s t.er ag 1 t..~l'lllPn l for prC>j r·c t a on ·I It <• F (•d cr...il-aid u r b an i:oy n tc ·111, dated t he 31st d ay of Decemb er , 19 ..J.!±_, hereinafter referre<l to as the mas t-c r ag reement which is incorpo rated h e r ein a nd ma d e a p a rt h ere o f by r e fe re n ce ; and WHEREl\S , t h e Ho r d "S ta te " a s u sed in this contract s h a ll be synC?nymous wi t..h and i n terchangeab le with th e word "Divi sion " as u s ed in the master a g reemen t ; a nd WHEREAS, Federal-aid urban system fund s in the amoun t o f $ _ _1Ul.Q_ h ave been made available for an urban system project, iden tif ied a~ M 1166 (1) for £.Lel i minary engin e ering, r ight of way , utilit i es and c on- struction for in sta ll3tion of han dicap ramp s ~t va r ious i ntersection s on E. Girard Aven ue from So. Clarkson S treet (to E l at i) in Englewood , Colorado, here in&f ter r efer red to as the work; a nd WHEHE:l\S , ll10 r.oc-.il J\q1.:ncy h as s ubm it t l'd )11i tial de s ign d at:a · (D.O.H. Form tl G-cl , I h •r1 • S 1_93 0 , to th e State r.;cttin c1 fo -::-th ll i.·4(!ir1 ;11 ,·lirr.in.iry c1et,".l i l [.;, inform~tion a n d csti m~tcs of cost of t·h i ~. \;r, J,, \Th j c h d a t a h as h ec·n c.1 pproved by t he State ; <in d .. ~ -.. • • •• WHEREAS, the matching ratio for thi s Federal-aid urban system project is 78.00% Federal-aid funds to 22.00% Local Agency funds it being understood that s uch .ra tjo applies only to such costs as are eligible for Federal participation, it being further understood that ~11 non-partici pa ting costs are bor n e by t.he Local Ayency at 100%; and WHEREAS, the Lo c al Agency h as e stimated the total cost of said work to be $ 94 , 00 0 and is prepared to match said Federal-aid with its share in the a mount of $20,6 80 as evide nced b y an appropriate ordinance o r resol u tion duly pas sed and adopted by the authori zed representatives o f the Local Agency, a copy of which is attached hereto and made a part hereof; and WHEREAS, said ordinan ce or resolution also es tablishes the auth- ority under which the Local Agency enters into lhi s con tract; and WHEREAS, this contract is executed by th e State under authority of Sections 43 -l -J0 2 , 43-1-106, 43-2-101 (4) (c ) and 43-2-144, C.R.S. 1973, a s am ended; an WHERE AS, the pa r ties hereto des ire to ugre e upon the divi s ion of responsib ilities wi th regard to this urban system project; and WHEREAS, the Lo cal 1\gen cy is adequate ly staffe d and suitably quipped to un d ertake and satisfactorily complete portions of the work ; and WHEREAS, th e Stale certifies that such work can be more ad- v antageously performed by the Local Ag e n c y .. NOW, THE REFORE , it is hereby ag~eed that; I. PROJECT PROVISION S A. Toe S t ate will provide liaison with the Local Agen cy through the State 's Distr ict En gineer , Distri c t , Jo c atccl at 200 0 So . Ho lly, Denve r L~o l o rad 80222 ---S aid Di strict Enyi n cr·c w i ll ,tl ~,o L e i.c :;ponsiblc for c oorc'linat-- ing the State 's a ctivities under Lh i ~ contract . B. 1~e pa rt ies h e r~Lo agree to comply wici1 all of the te r ms and r·on cli tions of the ma !; te r agre ement , un l e•;s .l.lt Clmf}ir:t ,.,jth Lhi!; cOJ.t rac L, in \·1 h i ch ca ~;e t h e p ; ovi !; 1 on!'.. of Lh is con t ra c l ~;h alJ itpply. 2 - .· • • •• A . II. GENERAL PROVISIONS The parties hereto agree th the State will provide pre- liminary engineering and des ign services and preparation of construction plans, special pro visions and estimates in accordance with t he State's Roadway De sign Manual and Standard Speci f icat ions . B . The State will c omply with the applicable provisions of the State's ap prove d Action Plan, inc lud ing al l F ederal directives con t a ined therein b y reference , a nd will tak appropriate ac c ions re lative to the fo l lowing sect ions of the Federal -Aid Highway Program Man ual. 1. FHPM, Volume 7, Ch apter 7, Section J , Procedure s for Abatement of Highwa Traffic Noi s e and Construction Noise . 2. FHPM, Volume 7 , Ch apter 7, Secti on~. Archaeo logical an d Paleontological Sa l vage. 3. FHPM, Volume 7, Chapter 7, Section 9 , Air Quality Gu ideline s. C. The State will a f fo r d t he Local Agency am ple opportunity to review the plans , sp ecial provisions and estimates and sai d plans sha ll b e con sidered final when approved and ac - cepted b y the p a rties hereto. The Stat e wi ll provide final assembly o f construc ti on plans, special pro visions and con - tract d ocumen ts . I n the e vent all or part of the work is to be contracted, t he St ate will ad vertise t h e call for bids , and upon concurrence by the Loc al Agency award the const ruction con tractr s) to the lowe s espon sible and qua lified b idder (s ). D. The Local Agency wi ll be responsible for a c quiring any additiona l ri gh ts of way required f or the com pletion of the proj ect, including any necessary temporary construction easement s a n d/or e~se ments fo r detour during construction. Prior to chl s pro ject being advertised for bids, the L0cal Ag ency wi ll ce 1·ti Cy in writing to the St ate t hat all right <•[ wa y ha • h L•1•11 .1cq 1ii re d in accordanc e w:i Lh the applicable State and deral reg ula tions , o r tha t no a dd i t ional right o r way :is rc«1uj re<1 -J - .· • • •• E . The S tate will h e re sponsible for assuring that the Local Agency has obtained prope r earance or approval from any utility company which may beco me involved in this project, by separate agre ement b etween the Local Agency and the utility, if ne c e G~ar y. Prior to this project being ad- · vertised fo r b id ~., t he Local Agency will certify in writing to the Sta~e thJr all such clearances have b een obtained. F . In t he event th e projec t involves modification of a ra il- road company's f acilities at a railroad grade cros sing with the work b e ing accomplished by railroad co mp any forc es , the Local Agency shall make appl i cation to the Public Utilities Commis sion requesting its order providing for the installation of the proposed improvemen cs. The Local Agency shall a l so establish contact wi th t he railroad company involved for t he purpose of: 1. Executing a n agre ement set t ing out what work is to be a ccomplished and th e location (s) thereof , and that the cos~. of the imp rovement shall be eligib l e for Federal particip a tion . 2. Obt a ining t h e r ailroad's detailed est i- mate of the cost o f the work. 3. Estab lish ing future maintenance re s - p o nsibi lities f o r t he proposed in - stalla tion . 4 . Prescribing fut ure use or di s posit ions of the propose d improvements in the event abandonmen t o f elimination o the g rade crossing. 5. Es tab lishing future r epair and/or r e - placement responsib ilities in the even of accidental de s truc t ion or damage to t he in s t all a t ion. G. The State, or the Local Agency with app roval from the State , wi ll be res po n s ible for the s up ervision of the construc t ion of t he p r oject , with period ic ins pections by the FHWA . Su pervi s ion s hall include, but no t be l i mit ed to , fi e l d a nd of fice en gineering, in sp ect ion and mate rial s t e stin g , d n<l Lraf fic c o ntrol thro ugh t he projec t ar ea . L1 .• • • •• H. I. The Local Agency wi ll provide and mark appropriate detours around the construction n r ~n t o pre vent any disturbances of the progress of the construction work due to traffic and also to prote ct the traveling public. In the event tha t all or part of the work is to be ac- complished by f o rce account rather than contract as speci- fied in paragraph C hereinabove, the Local Agency will insure that al l work is accomplished in accordanc e with the pertinent S tate specifications as well as FHPM, Volume 6, Chapt er 4, Section 1, Subsection 14 , Contract and Force Acc o un t . Work will normally be based upon es t i- mated quantit ie s and firm uni t prices agreed to between the Local Ag e n c y, the State and the FHWA in advance of t he work, as provi ded for in FHPM, Volume 6, Chapter 4 , Section 1, Subsect i on 6, paragraph 12b. Such agreed unit prices shall co n s titute a conunitment as to the value of t he wo r k to be performed. It may be agreed to participate in the work base d on actual costs of labor, equipment rental, materials sup plies and supervision necessary to complete the work. Where actual costs are used, eligibility of cost items sh a ll be evaluated for compliance with Federal Procuremen t Regulations Part 1-15. Rental rates for publicly owned equ i pment will be the second shift rental ra te per hour as established in the State's Construction Equipment Rental Rate Schedule da te d May 1, 1980 or sub- sequent revi s ions thereof. All force account work shall have prior approval of the FHWA and shall not be initiated until t he S tate ha s issued a wr it ten notice to proceed. The Lo cal Agency shall, during all ph a se s of the work, permit duly a uthorized agents and employees of the State a nd the FHWA to inspect the project and to inspect, re- view and aud it the project reco rds. J . The Local Ag e n cy a nd the State shall maintain all books, documents, pap ers , accoun ting records and other evidence per taini n g t o co s t s incurred and to make s uch materials vai l au le for in ~p ectio n at all reas onab le times <lu ring he contract pcriuJ a n d for 3 yea r s from t he dat e of -':>- .• • • • final payment to t h e Loca l Agency. Copies of such records shall be furnishe d b y the Local Agency if re- quested. K. The Local Agency will maintain and opera te the improve- ments construct e J un der this contract, at its own cost and expense during their useful life, in a manner satis- factory to the St ate and FHWA, and will make ample pro- vision for such maintenance each year. Suc h ma int e nance and operations s hall be in accordance wi th all applicable statutes and o r din a nces, and r e g ulation s promulgate d thereunder, wh i ch define the Local Agen cy's obligat ion to maintain str eets and street fixtures. The State and FHWA will make periodi c inspections of the project to verify that such improvements are being adequately main- tained. L. The State will administer the Local Agency and Federal-aid funds for this proj ect in accordance with the following provisions: 1 . Costs incurred by the Local Agency The Local Agency will prepare and submit monthly charges for costs incurred relative to the project . The Local Agency will pre- pare project c h a rges in accordance with the Sta~e's sta n dard policies and procedures . Th e Sr :-1te wi J l r c i mburse the Lo c al Ag e ncy for he Fed eral -aid s hare of the pro ject charges f o llowing the S ta te's review and approval of such ch arges. Charges incurred by the Local Agency p rior t o the date of FHWA authoriza- tion f or the project will not be charged to the proj ec t. 2. Costs in curred b y the State The State wi l l prepare monthly est imat es of constr uctio n costs and/or other co sts i n c urre d b y the State for work per forme d r elative Lo th e proj e ct. The State wil l pre- par e sa id e s tima t es in accordance with the State's sLandar<l po licies and procedures. As funds are expended during t he course o f the work, the S l 3tc will bil J t h e Lo c al Agency monthly for t he Local Agency share o f s uch xpen ditures. Upon completion o f t h e work to 6 - .• • • -· be performed under this contract and acceptance thereof by the State , FHWA, and the Local Agency, the State will submit a final recapitula- tion of project costs to the Local Agency and a final billing for the balance due of its share of participating costs plus all non-participating costs. Upon receipt of each bill from the State, the Local Ag ency will remit to the State the amount as billed. In the event the Local Agency shall fail t o make payment to the State, as agreed, it h ereby authorizes the State Treasurer to withhol d the amount of its outstanding obliga- tion hereunder from the allocation due it from the Highwa y Users Tax Fund, either as prescribed in Section 43-4-209, C.R.S. 1973, as amended, for any city o r incorporated town or for compliance with Section 43-2-116, C.R.S. 1973, as amended for any county . Interim funds, until the State is reimbursed, shall be payable from State Highway Supplementary Fund (2001). All funds expended by the State for the performance of any work under this contract or relative to the administration of this contract shall be charged to this project. M. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best esti- mate available based on the design data as approved at the time of execut ion of this contract, and that such sum is subject to r evisions agreeable to the parties prior to bid and award. The Local Agency has the option t o accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must decla re the accept ance o r rejection at the award con- ference or within q8 hours after said bids a re publicly opened,whichever occurs later. If the bid is rejected, costs incurred by the St ate in project development will not be eligible fo r p articipa tion by the FHWA and must be reim- bursed to the S ta te by the Local Agency . Following awa rd of the construction contract(s) under paragraph C. a b ove , no f urther revisions in design data or cost estimat e s h a ll be made except by ag reement in writing between the parties. By indicating its concurrence in such award at the award conference, the Local Agency -7 - .. .• • • •• acting by or through its duly authorized representatives, agrees to provide additional funds if required to complete the work under this project if no additional Federal-aid funds will be made available for the project. The total amount of such a d ditional requireJ funds will be deter- mined at the time of final billing as provided in paragraph L. above. N. The parties her e to agree that this contract is cont ingent upon all funds designate d for the project here in being made available f rom Federal and Local Agency source s. Shou ld these sources, either Federal or Local Agency , fail to p ro- vide necessary f unds as agreed upon herein, this contract may be termin at ed by either party. Any party terminating its interest and obligations herein shall not be relieved of any financ ial obligat ions which existed prior to the effective date of such termination or which may occur as a result of s uch termination. 0. The term of this contract, excep t for the provisions re- garding maintenance , shall continue through the completion and final acceptance of this project by the State, FHWA and Local Agency. Th e covenants with regard to maintenance of the improvements constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency i s , by la\1 or otherwise, relieved of such responsibility. P. During the performance of all work und er this contract, the parties h ereto agr e e to comply with Title VI, of the Civil Right s Act of 1964, the salient points of which are shown in the Nondis c r i minat ion Provisions attached hereto and made a part h e reo f. Q. The Special Pro vi &i ons attached hereto are hereby made a part of this contract. R. This contrac t shal l inure to the benefi t o f and be binding upon the par tjes, t heir successor s, and 3ssigns . -8- .• • • • IN WITNES::i WHEREO F , th e parties he r e t o have executed th i s con - tract the day and year f irst abo ve written . ATTES T: ATTEST: Chief Clerk APPROVED: DAN S. WHITTEMORE State Controller By ATTEST: STATE OF COLORADO RICHARD D. LAMM GOVERNOR STATE DEPARTMENT OF HI GHWAYS JACK KINSTLINGER EXECUTIVE DIRECTOR DIVISION OF HIGHWAYS By -=--.....--..,r:-T""~~~~~~~~~ E. N. HAASE Chief Engineer APPROVED: J. D. MACFARLANE Attorney General By CITY OF EN GLEWOOD, COLORADO By Title ~~~~--~~~~~~ -9 - . . • • • ~ • • •• April, 1980 Nondiscrimination Provisions : In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A . Compliance wl t h Regulations . The Contractor will comply with t he Regulations of the Department of Transporta t ion relative to nondiscrimination in Federally -a ss is t ed programs of the Depar tmen t of Transportat i on (Title 49, Code of Federal Reg u la- tions, Par t 21 , hereinafter referred to a s t h e "Regulation s "), which are herein in cor p ora ted by reference an d mad e a part of this contract. B. Nondiscrim:in ati on . The Contractor, wi th re g ard to the wor k performed by it after aw ar d a n d pr ior to comple tion of the contract work, wi ll n o t d .ls- criminate on the ground of race, color, sex, men t al or physical handicap or national origin in t he selection a nd retention of Subcontra ctors, incl u ding procurement s of materials and leases o f eq ui pm en t. The Contra ctor will not participate either d irectly or indirec t ly in the discrimination prohibited by Section 21.5 of the Regulations, including employ- ment prac t i ces when the contract cover s a progr am set forth in Ap pendix C of the Regulations. C. Sol icitations for Subcontracts, Includinf Pro c ure - men ts o f Materials and Eiuipment . In al solicita - tions either by competit ve bidd ing or nego tiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor o f the Contrac tors ' obligations under this contract and the Regulati ons relative to nondiscrimination on the ground of rac.e, color, sex, mental or physical hand icap or national origin. D. Information a nd Reports. The Contrac tor will pro - vid~ all information and reports required by the Regulations, or orders and instructions iss ued pursua nt thereto, and will permit access to its books , records, accounts, other sources of informa- tion, and its faciliti es as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and in- structions . Where any information required of the Contractor is in t he exclusive possession of another who fails o r r efuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as a pprop riate, and shall set forth what efforts have been made to obtain the information. E . Sanctions for No nc omtliance . In the event of the Contra c t o r's noncomp lance with the nondiscrimination provisions of this contract, the State shall impose such contract s anctions as it or the FHWA may deter - mine to be appropriate, including, but not limited to: .• • • • (1) Withhuld ing of p aymen t s to the Con - tractor under the c ontract until the Contractor comp lie s, and/or; (2) Cancellation, termination or sus- pension of the contract, in whole or in par t . F. Incollaoration o f Provisions. The contractor will Inclu e the p r ovisions of Paragraphs A through F in every sub c o n tract, including procurements of materials and leases of equipment, unless exempt by the Regul a t ion s, orders, or instructions issued pursuant there to. The Contractor will take such action with re spect to any subcontract o r p r ocure -· ment as the S t ate or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompl J ance; provided, however, that, in the event the Con trac tor becomes involved i n, or is threatened with, litigation with a Subcontractor or supplier as a result of such direct i on, the Contractor may request the State to enter into such litigation to protect the interests of the State and, in add i tion, the Contractor may r e quest the FHWA to ente r into such litigation to protect the interests o f the United States • -2 - .• • • • fotm 6·AC·028 SPECIAL PROVISIONS CONTROLLER 'S APPROVAL I . This contract shall not be dceni.:d valid un1i l " ,hall have bttn approved by the Controller or the Stale or Colorado or such assistant as he may designate . This provi>io n "a pplicable 10 any con1r1c1 invoMna lhe p1ymenl or money by the S111e . FUND AVAILABILITY 2 . Financial obligations or the St ate pa y 11ble after the c urrent fiK"a l year are contingent upon fonds for that purpose being appro priated , budgeted an d othe rwise ntllde l\laila'*. BOND REQUIREMENT 3 . If thi s c ontract involves the p:1>me nt o f more than ten thousand dollars for the construction, erection, repair, maintenance , or improvement of any b uildi ng . road , bridge , viaduct , tunnel, uc1vation or other public work for this Stale . the contr ac to r shall , before enll'n ng upon the performance of any such work included 111 lhi s c ontract . duly uecute and deliver 10 and file with the o ffo:ial whose signature appears below for the Stale, a good and suffi c ient bond or other accepuible •urely to be a pprov e d by said offic ial in a penal sum not less than o ne -half of the total amount pay1ble by the te rms of thi s co ntrac t. Such bond shall be duly ell.ecuted by 1 qualified c orporate surety . conditio ned for the due and fai thful pe 1fom1an ce of the contrac t , and in addition , shall provide that if the contractor or hi1 subcon1r1e1ors fail 10 duly pay for any labor, maten1ls, team hire , sustenance, provisions , provender or othe r supplies used or consumed by suc h contractor or hi s subcontr1c 1or in pcformance o f the work contracted 10 be done , the surety will pay the Sime in an am<>unt no t eKceedi ng the sum s pecified in the bond , together with interest at th e r* o f eight per cent per 1nnum . Unl .. ss such bond, whe n so required, is ucculed , delivered and filed , no claim in favor of the c ontractor arising under this c o ntract shall be 1udited , allowed or paid . A cenified or cashier's check or a bank money Of'der made payable lo the T reasurer of the State of Colorado may he accepted in leiu of a bond . MINIMUM WAGE 4 . Exce pt IS otherwise provided by law , if this conlrlCI provides for the pay ment of more than five 1housand dollln ind requires or involves the employmen t of llb0ttn or rnechmics in the construction, alteration or repair o f any building or other public work , (ex cept hipways, hiahway briclps, underpa1SC1 and highway structures o f all kinds) within the geopaphical limi ts of t he State . the ntc or w11e for all l1boren ind mechanics employed by the contnctor or 1ny subcontncror on the buildin11 or public work covered by !his conlncl shall be not less than the pre¥1ilin1 r11e of w1ge s for work of a sumla r r ~1ure in the cit y , town, viU1p or other civil subdivision of the Sta te in which the build ina o r other publ ic work is loe11ed . O.ipuln respectin& pre¥1ilin1 ntes will be resolved 1s provide d in 8-16-101 , CRS 19 73 . as amended . DISCRIMINATION AND AFFIRMATIV E ACTION S. The contractor 1an:es lo comply with the letter 111d spirit of lhe Colorado Antidiscrimin1lion Ac l of I 9S7, as 1mended, and other 1pplie1ble l1w n:speclina discrimination and unflir employment practices (24-34-301 , CRS 1973 , IS 1mended), and as required by Execu tive Orde r , Equal Opportunity ind Affirmative Action, d1led April 16, 1975. 1'Ml'Sllt111t tlterr10 . rite followin1 pro11ision s U.1111 bt' l'Off l.;Md in Ill/ State contracts or :sukontracts. Durina the performance of thi s c-onl111c t , the con tractor 1arecs as follows : {IJ The conlr1elor will not discriminate apinsl any employee or applicant for employment because of nee, creed , c olor, national origin , sex . marital st11u s, relipon, IRCCStry , menlll or physical h1ndicap , or 1ge. The contr1C lor will lake affinnative ac tion l o insure that 1pplie1nls are employed, and that employees are treated during employ men I , without reprd to the 1bove mendoned chanclerisdcs. Such action shall include, bul nol he limited to the following : e mployment , upgrtding, demotion , or transfer, recruitment or recrui tment ldverlisi np ; lay-offs or terminations ; rates of pay or other forms of compenS1lion; and selection for trainina, including 1ppren1iceshi p . The c on1r1e tor apees to post in conspicuous pl1ees , avail1ble to e mployees and 1pplican1s for employment , notices lo be provided by the conlracling officer setting forth provisions of this non-discrimination clause . (2 ) The con t rac t o r will , in all solicitati ons o r advertisements for employees pl1eed by or on behalf of lhe contractor, ~11 t e that all qui.lilied 1pplicanls will receive consideration for employment without regard lo race , creed, color, national origin , sex , marital slat us, religion , ancestry, menial or physical handicap, or 1ge. (3) The con1r1etor will send 10 each labor union or representative of workers with which he hu c oUective b111linin1 •arcemenl o r o ther contrac r or understanding, notice to be provided by the contracting officer, ldvisina the laboc union or workers' representative of the contractors committment under lhe Executive Order, Equal Opportunity an d Affinna t ive Action, dated April 16 , 1975 , and of the rules, reauJ1tions, and relevant Orders of the Gove rnor. (4) The contractor md l1bor unions will fumish all information ind reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16 , 197S , and by lhe rules, regulations and Orders of the Governor , o r pursuant theret o , and will permit access to his books, records, and 1CCounts by the conlractina aaency and the o ffice of the Govem o r o r his designee for purposes of invesliption lo ucert1in compliance wi th such rules , regul1lions a nd orders. SJ A l1bor oraanizat ion will n o t r ~cl u d e aoy indivi dual o therwise qualified fro m full membership rights in w c h l1bor organiution , or u pd any >uc h indivi dual from membership in suc h labor organiution or discri1nin1te 1gainsl any o f ii. me mbe r.. in the full enjoyment o f work opportunity, because or race , c reed , c ol o r, w~. 111tional o npn . or a 1K e~l ry (b) A labor 01111u u lion , or th e emplo)eC> 01 m embers thereof will not aid , abet , inci te , compel ur c oe rce the doina o f 1ny ac r defined in thh c ontrac t lo he discrimin1tory or obstruct o r prevent any person from c-o mpl y ing with th e provi>ions of t h is con tra<.I o r any onler issued thereunder; or attempt , e ither dil'C<'tl y or indin>c ll y . to co mmit any ac l d c fio w ll in lh i> c o ntract lo he di scri minatory . pase I_ _ o f __z_ pages ... ~ -4 • ... ~ fOfM 6·A<:-02 (7) In tlle ewnt of th .. eonlt11Clor 't1 nu1H:ompliance with the ~rtminatlcm d-of this contnct or with any of IUCh Nies , re..iations, '" ordt-111 , this contrlCt may be cuicelled, terminated or suspended in whole Of in put ud the contnctur may be de.:la1l!1t indilible for further State cnntnct1 In accorduce with proceclwa, Mathorized in Executive Order, EqlUll Opp ortuniry and Affinnatm Action of Aprl 16 , 1975 and the rules, re ... ationl. or olden prolDlll•ted in accordanc:e theRwlth, and IUCh other unction• • mey be lmpoeed and re--. • rnay be inv*d a provided In Executive Order, Equal Opportunity 111d Affinutive Action of April 16, 1975 , or by rules , reaubtion1, or orden prumulpted in accordance therewith, or a otherwile provided by law. (8) The contnctor will incl ude the pnm.ions of ,....,U (I) throup (8) in every 1Ub-contra:t llld •b-coatnctor purch-order unlell exempted by rules, replatioftl, or orden issued pul'IUlllt to EllecutM Order. Equal Opportunity and Affinnative Action of April 16, 1975, IO thal IUCh provilion1 will be bindin1 upoa each 1Ub-contnctor o r vendor. The contnctor will take IUCh action with re1pect to any 1Ub-contractin1 or purchae order • the cou1r1etin1 qency may direct, • a me1M of enfon:in& such provisions, includina .-:dons for noo-compliance; provided, howner, that In the event the contnctor becomes involved in , or ii threatened with. litlption with the subcontnctor or vendor u a remit of •ch direction by th e contractin& IFftCY , dte c.ontnctor m•y requ es t the State of Colorado to enter Into such lltiption to protec t the internt of the State of Colorado. COLORA DO LAIOR PREFERE NC E 6 . Proviaiona of 8-17 -10 I , A. I Ol , CRS 1973 for prdr rence ~f Culorado labor are applicable to this contract if public worb within the State att undertaken hettunder and are financed in whole or in part by State funds . GENERAL 7. The laws of the State of Colorado and rules and re1ulalions iaued pursuant thettto lh.U be applied in the iaterptetatlon, execution and enfun:ernent of this contract. Any provilion of thil C011tl'8Ct whether or not incorporated herein by merence which provides for arbitnlion by any ntn-judicill body or pano• or which ii otherwile In c011ftict with IMd laws , rules and rqulatiom lhall be colllidered null and void. Nofhilll contahlad hi any pnm.ion incorporated hettin by reference which purports to neple thil or any other lplCial pro.wo. In whole or i11 put .ti.II be valid or enforceable or available in any action at law whether by way of complaint, defetwe or otherwlae. Any prcmuon rendered null and void by the opnatioll of thil proWilon will not in..udate the rema inder of th~ cont rac t t o the ntrnt that lhe con tract is capeble of nKuliun. 8 . The >ign•hHW\ h1-relo 1tver lha l lhr)' art' fam iliar wi th IN ·M·JOI. el i.e q ., CBriber y and Corrupl lnftuent.-e•) and 18-8-401 , rt seq .. (Abu11e of Public Office), C.R .S . 1973 . IU 1mended .and that no violation of such proriaiionail present . 9 . The Wan•lorw~ t vr r 1h11 lo lht'ir li.nowk-dl". no ~l i l t' rmptoytt ha~ 111y P""onal or benericial interest whatsoevrr in lhr liir"'"'" or propeny lki..:nhed hl'r .. 1n IN WITNE~ WHEREOF . the part ies hereto By ~xi.c:"t!r!Vt. 01 ki<-:rolt ~ 01:.PARfMENT Poliition ----OF APPROVALS ATTORN~V G I :-ll·ltAI By p "'h1 ch h 1h r i..~1 of tJllltrll ·- ORDINANCES -1981 Page 9 57 An ordinance pursuant to Title VI, Chapters 5 and 7, of the Englewood Municipal Code, assessing agahst certain realty and the owners thereof the cost of removal of weeds and litter therefrom by the City of Englewood plus an administrative charge and penalty. 58 An ordinance making it unlawful for person to enter or remain upon the property of another without permission, amending the 1 69 Englewood Municipal Code, Title XI, Chapter 9, Section 8, titled "Criminal Trespass" and declaring an emergency. 59 An ordinance authorizing the issuance of use tax revenue bonds of the City of Englewood, Colorado, In the total principal amount of $2,215,000, for the purpose of constructing Improvements to the Municipal Golf Course consisting of a new clubhouse, and constructing and installing improvements to the Municipal Sanitary Sewer System; prescribing the form of said bonds and Interest coupons; providing for the payment of the principal of and interest on said bonds from the revenues of the municipal use tax; and providing other covenants and details in connection therewith. ,,. 60 An ordi1nancegranting to the Englewood Housing Authority $390,000 for the Englewood Home Rehabilitation Program and amending an agreement between the City of Englewood and the Englewood Housing Authority for administration of the Home Rehabilitation Program. • 61 An ordinance pursuant to Title Ill, Chapter 3, of the Englewood Municipal Code, assessing against certain realty the cost of removal of a dangerous building therefrom by the City of Englewood plus an administrative charge and penalty. 62 An ordinance establishing licensing procedures, requirements for premises, enforcement provisions, and penalties for adult entertain- ment establishments by adding Chapter 10 to Title IX of the Englewood Municipal Code of 1969 as amended and declaring an emergency. 63 An ordinance approving a collective bargaining agreement by and 64 between City of Englewood, Colorado, and Englewood Employees Association, effective January 1, 1982 through December 31, 1983 • An ordinance approving a collective bargaining agreement by and between the City of Englewood, Colorado, and the Englewood Fire Fighter Association, effective January 1, 1982 through December 31, 1983. • • • ORDINANCES -1981 Page 10 65 66 67 68 An ordinance approving a collective bargaining agreement by and between the City of Englewood, Colorado, and the Englewood Police Benefit Association, effective January l, 1982 through December 31, 1983, approving an addendum to the 1980-81 Contract between the City of Englewood and the Englewood Police Benefit Association. An ordinance approving a contract between the City of Englewood and the State of Colorado, Department of Highways, concerning maintenance of traffic control devices on State highways within the City of Englewood. An ordinance approving the transfer of real property to the Writer Corporation in r~turn for real property in order to simplify the property line between two parties ownership. An ordinance amending Title I, Chapter 7, of the Englewood Municipal Code '69, as amended, relating to rules of procedure before hearing bodies of the city and providing for appeal therefrom . 69 An ordinance approving an easement with South Arapahoe Sanitation District and Southgate Sanitation District concerning certain real property owned by the City of Englewood, Colorado. 70 An ordiance amending Title IX, Chapter 4, Section 3, of the Englewood Municipal Code of '69, as amended, allowing delivery of food products to employees of commercial and industrial establishments on public right-of-way. 71 An ordinance approving the who l e cost of the improvements made in Downtown Improvement District No. 1980-81, in the City of Englewood, Colorado; approving and confirming the apportionment of said cost to each lot or tract of land in said district; assessing a share of said cost against each lost or tract of land in the district; prescribing the manner for the collection and payment of said assess- ments; and declaring an emergency. .. ·~ • e • 77 78 79 ORDINANCES -1981 Page 11 72 An ordinance fixing the tax levy in mills upon each dollar of the assessed valuation of all taxable property within the City of Englewood, Colorado, for the year 1982 and establishing a mill levy for the Englewood Colorado Downtown Development Authority and declaring an emergency. 73 An ordinance approving an amendment to an agreement between the City of Englewood, Colorado, City of Littleton, Colorado, and the Urban Drainage and Flood Control District concerning the replace- ment of Lehow Bridge across Big Dry Creek. 74 An ordinance amending Title IX, Chapter 6, Section 35, of the Englewood Municipal Code '69, by adding a provision requiring a deposit fee for a business that conducts a "GOING-OUT-OF- BUS I NESS SALE." 75 76 An ordinance for the control of items of debris which accum u late upon and need removal from real property within the City of Englewood in order to maintain a clean, beautiful and healthy city, and providing standards, procedures and remedies therefor. An ordinance approving Cottonwood Village Subdivision plat. An ordinance approving an agreement for library services between the City of Englewood, Colorado, and Arapahoe Re- gional Library District for 1982. An ordinance approving an agreement between the City of Englewood, Colorado, and the Central Colorado Library Sys- tem regarding reciprocal borrowing program. --------·-- An ordinance authorizing Council Boards and Commissions to issue subpoenas adding to Title I, Article 7 of the Englewood Municipal Code, 1969, a new Section II. ·---------------------------·-----··------.. -··-·-----··---·-·-------------------- ORDINANCES -1981 Page 12 • 80 81 An ordinance adopting revision to the Englewood Municipal Code of 1969 as amended, relating to the Career Service System of the City of Englewood, Title V and repealing current Title V, exclud- ing Title V, Chapter 9. An ordinance adopting the budget of the City of Englewood, Colorado, for the fiscal year 1982 and declaring an emergency. -------------------------------------------------------- 82 8 3 An ordinance appropriating monies for all municipal purposes in the City of Englewood, Colorado, in the fiscal year begin- ning January 1, 1982 and ending December 31, 1982, constituting what is termed the annual appropriation bill for the fiscal year 1982, and declaring an emergency. An o rdinance authorizing the entering into of a contract for a sel f-insurance pool. • I.