HomeMy WebLinkAbout1983 Ordinance No. 056I
ORDINANCE t-XJ . 56
SERI ES OF 198_3 __
BY Alll'HOR!TY
COUNCIL BILL 00 . 57
INTROIJUCEO BY COUNCI L
M™8ER IUGDAY
AN ORDINANCE APPROVING AN AGREEMENT WITH THE SrATE OF COLORADO , THE
srATE DEPAR'IMENT OF HIGHWAYS , DI VISION OF IHGHWA YS , PROVIDING FOR
THE RECONsrRUCTION OF rnGL ElvOOD 'S CITY DI'fCH .
WHEREAS , the State Hi ghway Ccmnission , on August 18, 1983 ,
gave approval for the State to ent e r in to a contract with the City
o f Eng l ewood to enclose the City Ditch ; and
WHEREAS , the City of Englewood desi r es to increase the size
of tlle City Ditch fran a curre n t equivalen t flow of a 54-inch to a
60-inch e nclosed pipe ; and
WHERF.AS , the Ci ty desires to consU1Tlllate said ag reenent ;
NOW , THEREFORE, BE IT ORDAINED 'lY THE CITY CXXJNC IL OF '11i E
CITY OE' ~NGL EWOOO, COLORADO , PS FOLLOWS :
Sect i on 1.
A contro~t with the State of Colorado , State Department
of Hi ghways , Div is ion of Hi ghways , i s hereby approved, wh i ch
contr act reads as follows :
CONTRAC'!'
THIS CONTRAC'r , mad e this day of , 1983 , by
and between the State t •f Color ado for the use and benefit of TH E
srATE DEPAR TMENT OF HIG,-!WA YS, DIVISION OF HIGHWAYS, he reinafter
r e f e rred to as the Stat<!, and the CITY OF ENGLEWOOD , herei nafter
referred to as th e cont·:Jctor or Local Agency ;
WHEREAS , authority ex ists in the Law and Fund s have been
budgeted , appropridted and othe rwise mad e available and a
sufficient unencw~red OOla nce thereof remains availabl e for
payment i n Fund Num!Jer 2001, G/L Accoun t Number ,2046 , Contract
Enc l.lTlb r ance Number _______ ; and
WHE RE:AS , required approval , clea r a nc e and coordinat i on has
been accanplished fran a nd with appropri ate agencies ; a nd
WHEREAS , the State an tic i pates a contraction project IXMU
0075 (14) within the Littleton Railroad Depression to enclose the
City Di tch which i s the Local Age ncy's water supply ; and
WHERE/IS , the Loca l Ag e ncy has reques ted the State t ,, ins tall
a n e nclosed system of a vari a ble size from 54-inc h to 60-i nch pipe
to r e place the mainly open section of J itch, here inafter referred
to as the work, so as to handle future capacity tha t the Local
Agency has projected that it will require; and
l'IHEREAS, the Sta te and Loca l Agency conside r it to be in
the ir mutual intere st to cooperate i n the design aoo construc tion
of enclosing the City Di tch; and
WHEREAS, the funding for the wor k is based on 57% funds to be
f urn ished from Fede r a l and other St ate funding and 43 % funds to be
furnished fr om the Loca l Agency funding; a nd
WHEREAS , the Stat e Highway Commiss ion , on August 18 , 1983 ,
gave app rova l for the St a t e to e nte r into a contract with the Local
Age ncy ther e by accepting such re i nt>urs ement; and
WHEREAS , this contract is e xecuted b y the State and Local
Agenc y unde r authority of Sections 29-1-203 and 43-1-106, C.R.S.
1973 , and by the Loca l Ag ency under the authority of its approve..'
ord inance ;
NOW , 'J1iEREFORE , i t is he r e by ag r eed tha t:
1. The est i mated cos t o f the wor k was a rrived at a s follows :
A .
B.
C .
D.
Tot a l es timated cost of the wo rk ( i ncludes
15% construct ion e ng ineeri ng)
Federal , St a t e and othe r funds at 57%
Loca l Age ncy funds at 43 %
1.8% Est imated indi r ect costs of State,
paid by Local Agency
$1 ,000 ,409
$ 570 ,233
$ 430,17 6
$ 7 , 743
E. To t a l Es t i mated cost of Local Ag ency $ 437,919
Any additional construction costs fo r work sha ll include 15% of
incu rred c:o ns t ruct i on costs for enginee ring and contingencies
and indirect costs and shall be sha r ed by Loca l Agenc y (43%)
and Federal , State and other (57%),
2 . The State will pr ovide liaison wi th the Local Agenc y or its
re presentative th rough th e State 's Di s tr i ct Engi neer , District
VI , l ocated at 2000 So uth Hol l y Street, Denv e r, CO 802 22 .
Said District Eng i neer will a l so be respons ible fo r coor dinat-
ing the State 's activities under th i s contract .
A, RESPONSIBlL ITIES OF '!1-IE LOC/IL AGENCY
'Ille Local l\gency sha ll be responsibl e for maintenance of
facilities constructed in its jurisdiction pursuant to this
contract a fte r acceptance of the faci lities froo, the State .
RESPONSIB IL !TIES OF TiiE S'l'ATE
l. The State will prov ,de the following i terns of work:
a . 1111 surveys .
b . All design wo r k froo, conceptual stage through fi nal
design, based upon alig nme,nt , grade , pipe si~e , and
techn ical specifications as provided by Local
llgency .
2 . •me State will prov ide final assembly of construction
plans , spec ificat ions , and C'Ontract documents , advertise the
call for Bid s , open the bid proposals a nd awa r d the
construction contract to the lowest r espons ible and qualified
bidde r.
3 . The State will have ful 1 jurisdiction a nd con t r ol ov~r
its constt'Jct i on con tractor in the performance of all work
shown on •iaid plans a nd specifications .
4. 1'he State will be responsibl e for the superv ision of
the work, which sha ll include , but no t be limited to , fi eld and
office e ngineering , inspection and mate ri a ls testing , and
traffic con trol with in the project area .
GE NERAL PR:lVISIONS
l. All wo rk and materials to be used 1n construction shall
be ir, uccordance with the plans and specifications for the project
which r E made a part here of by r e f e rence , the same as if attached
her eto .
2, Throughout the construction of the work , the Local l\gency
will provide an inspector to insure that the interests of the Local
Agency with regard to said work are being f ulfilled. The Local
Age ncy 's inspector sha ll report only to che State 's inspectcr and
shall not be involved with the State 's construct ion contr?...;tor .
3 . Rei!fbursement to the State by the Local 11genc:1 shall be
based upon th e actua l "construct ... -d quantities " as deternined by the
State . Itemized "cons t ructed quantities 11 wi ll be pr ovided to Local
llg ency by State with payme nt requests .
The Slate may make ronth ly b illings l o the Loca l Agency ,
but a miniml.111 arount of $10,000 (excepting the final payment) will
be needed to au thor ize deduction from the escrow account for payment
to the Sta te .
4. $50 ,000 escrow to be replenished at time of billing .
5. After the work has bee n completed a nd fi nal quantities
ha ve been determined , the Sta t e will bill the Loca l Ag ency for its
s ha r e of the fi na l costs as stat ed in Pa r ag raph 3 a bove . The Local
Ag e ncy will r emit to lhe Sta t e within 30 days the amo unt as billed .
6 . Inte rim funds , unti l the State is reinilursed, sha ll be
payable from State Highway Supplementar y Fund (2001) • The es timated
maximum cost s under this contract for the work shall not exceed
$437 ,919 fo · the non-partici pat ing work without benefit of a
su pp l aocntal contract.
7 . The term of this contract shall continue through the
complet ion and f inal acceptance of the work by the State ana ,sct'ipt
of f inal paym.ant from the Local Ag ency .
8 . This contract s ha ll inure to the bene[it of a rd be birding
upon he part i es , thei r succes sors , and ass i gns .
9 . The facilities constructed pursuant to this contract,
i ncl ud ing easement , right of way and licenses sha ll be the property
of the LOCa 1 Ag e ncy .
10 . .any license or permit requi red by any uti lity canpa ny t o
cross the encloGed ditcil sha ll be handled between the involved
utility compa ny and the Local Ag ency , but the State wi l !. ensu re that
no c ontractor or utility will c ross the ditch without signing the
license agreement of the Loca l Agency during the period of this
contract . The Sta te will i nclude this requirenent in its
construct ion cont tact with all Ut ilit i es a nd Ag e nc i es which must
cross the ditch • i th facilities .
11. No r e l ation or r econstruc t ion o f the City of Englewood
"City Di tch" shall occur without the writt e n autho ri zat i on of the
City of Englewood . All requests for relocati on sha ll include the
written l ega l descript ion of the property to which the City Di tch i s
\.o be relocated , a corrmitment fo r ti tle insura nce in the amount of
the constructi o:1 cost of t he port i on or po r t i ons t o be relocated ,
a nd e vidence of Eng lewood ' s ability to occupy a nd use said property
for purposes of m.:i int.: rning a water line there in . Such evidence ,
which shall be in the :1atu re of a permanent easement , right of way ,
o r other similar ag r eeme nt, shall include provis ions: (1) that
Englewood is gr anted a perpetual , r.on-e xclusive right , ove r , under ,
Jc ross aOO t hrough said proper ty for tne purpose of construct ing ,
oper at ing , maintai n i ng , repairing , replaci ng , removing , and
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e nla rg ing a wate r line , inc luding all necessa ry unde rground and
s urface a ppurtenances the r e to nece ssa ry or desirable f or the
transmiss i on of water ; (2) a proh ibition on the construction ,
e rection, or placing or any 11 improvanent" on said property without
the written conse nt of Englewood and the r; ght in Englewood to
r emove a ny irrprovemen t so constructed , e rectt<l, or placed whe n no
prior approval from Englewood has been obtained; WE STATE HIGHWAY
DEPARTMEm', AS W EY DETERMINE NECESSARY , MA y CONSTRUCr , RroJNSTRucr ,
AND/OR MAINTAIN ITS IMPROVEMENT OVER 'fHE CITY DITOi PROVIDED '!HAT
'fHE <XlNSTRlJCrION , RECONS'r RucrlON , OR IMPROVFMEN'r ;s AT 'fHE STATE 'S
SOLE EXPENSE . AN'i RECONS'l'RUCl'ION INVOLV !OC ·nm CITY D1 '1'01 SHALL BE
SUllJEx:'l' 'II'.) REVIEW BY WE CITY OF =LEWOOD . (3) the right to
subjace nt and l ateral support of the water line so constructed; (4)
the right in Engle wood to undisturbed use a nd occupancy of the
property; (5) that the ev ide nce is binding on the heirs , personal
representatives , successors and as signs of the par t ies and that the
terms , covenants and ag r eements and conditions of the ev ide nce shall
be construed as cove na nts running with tne l and . '!11E STATE , UNDER
ITS MASTER AGREEMENT WITH 'fH E CITY OF Ll'M'LETON , MAY ASSIGN AND HAS
ASS IGN ED A PORTION OF 'fH E RESPONSIBIL I TY FOR PE RFORM IOC 'fHE
OB LIGAT IONS IMPOS ED BY 'lli!S PARAGRAPH (11) TO 'fH E CI TY OF LITTLETO N,
COLO RF.DO .
NONDIOCR I MINATI ON PRO VI SIONS
In compli~nce with Title VI of the Civil Right s Act of 196 4
a nd with Section 16.!(a) of tne Federa l Aid tti ghway Act of 1973 , the
Contractor , for itself , i ts assignees and successors in i nte rest ,
agree as follows :
A. Compliance wi th Regu l ations . Th e Contractor will canply
wi th the Regulations of the Department of Tr anspor tation r elat i ve to
nondiscrim ination in Fede r ally assisted prog rams of the Depa rtment
of Transportation (T itle 49 , Cod e of Feder a l Reg ul a ti ons , Part 21 ,
he re inafte r re f e rred to as the "Reg ula tions "), which are he rein
incor porated by r efer e nc e a n~ made a par t of this contract.
B. Nondiscrim i na tion . 'I'he Contrac t o r , wit:h rega rd to th e
work performed by it after awa rd and pr ior to complet ion of the
contract wor k , wil l not discr i minate on th e ground of race , color ,
sex , ment3l or physical handicap or na tional or igin in th e selection
and retention of subcontractors , in cludi ng procureme nts of mat e ri a ls
and leases of equ ipmen t. The Cont r actor wi ll not par tic ipate ,
eithe r d irectly or ind i r ectly , in the discrimination prohi bited by
Section 21.5 of the Reg ul at ions , inc l uding crnployment practices whe n
the contr a ct covers a program set forth i n Append i x C uf the
Regulations .
c . Solicitations for subcontracts , Including Procurements of
Mate ri als a nd El:juipnent. In a ll s olic1 ta t ions, either by
competitive bidding or negot i ation made by the Contractor for work
to be performed unJer a subcontract, incl ,,..-i ing procurements of
mate rials or equipnent , each pote ntia l s , ,ntra ctor or s upplie r
shall be notified by the Co ntractor of the Cont r actor's obligations
under this contract and the Regul a tions re l at ive t o nondi s crimina -
tion on the ground of race , color , sex , men ta l or physica l hand icap
or nat iona l origin .
D. In formation a nd Reports. The Co ntractor will provide a ll
informat i on and reports required by the Reg ula tions , or orders a nd
instructions i ssued pur suant thereto, and will permit access to its
books , record s , accounts , other sources of information, and its
.aci l i ties as may be determined by the Stat e or the E1iW1\ to be
pe r:tinen t to asc e rtai n canplianc:e with such Reg ulat i ons , orders and
instructions . Where an y i nform at ion required of the Contr actor is
in the e xclusive (X)SS ess ion of another who fai J., or re fuse s to
furnish this informa tion, the Contr a ctor sha ll so cer t ify t o the
State , or the l'llWA as ap propriate , and shall set forth what efforts
have been made to obt a in the information.
E. Sanctions for Noncompliance . In the e ve nt of the
Co ntractor 's nonc crnpli ance with the nond i scrim in ation provisions of
this cont ract , the State shall impose s uch contract sanction~ as it
or the l'llWA may determ ine to be app ropn a t e , including , but no t
lim ited to :
(1) Withhold ing of pa yments to the Con tractor under the
cont ract unt i l th e Contr actor complies, and/or;
(2) cance llat ion , termination ot su spension o f the
cont ract , il"'l whole or in pa rt .
F. inco rpo ration of Provisions . Tne Contractor will include
the provisions of Paragr apl,:i A through F in every subco ntract,
including procurements of materia l s and l eases of equi?Tie nt, un les s
e xempt by the Reg ulations , orde rs , or in structions i ssued pursua nt
thereto . 1he Con tractor will take such action wi th cespect t o a ny
su tx:ontract or procurement as the State or the EliWA may d ire::t as a
means of en forcing s uch prov is ions , i ncludi rg sanctions for
noncanpliance ; provided , however , that in the event th e Contractor
becomes involved in or is threate ned wi th litigat i on with a
Sulx:ontractor or supplier as a result of s uch direction , the
i..:ontractor may request the State to enter into such litigation to
protect the interests of the State a nd , in addition, the Co ntractor
may request the E1lWA to e nter into such litigation to protect the
interests of the Un ited States . I
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SPEx::IA.L PROVI S IONS
CONTROLLER 'S APPROVAL
l. This contract shall not be deemed vaUd unti l it sha ll
ha ve bee,n ap proved by the Cont r o lle r of the Stat.e of Co lorado or
such assistant as-he may des i ~nate. This prov i,:i on is a pplicable to
any m ntract invc.lving the paymen t of money by the State .
FUND AVAILABll,I TY
2 . Fina ncial obligat i ons of the Sta t e . a,abl e at ter the
c urre nt fisca l yea r a r e contingent upon funds for that pu rpose being
appropriated , budge ted and otherwisf> made ava ila ble .
BOND REQUIIIDIENT
3 . I f th i s contra ct in vo l ves the paym en t of mor.e than ten
thou sa nd dolla rs fo r the construction , erection , re pair ,
ma inte nance , or i mp rovane nt of any build i ng , road , bridge , v i ad uct ,
tunn e l , e xcavation or other p..iblic wor k for th is St at e , th e
cont r a ctor sha ll , be fo r e e nt e r i ng upon the per fo"1!l a nce of any s uch
work inc luded in this contract , duly e xecute and de live r to and file
,·ith the of fici a l who se signa tur e appea rs below for the Sta te , a
good a nd suff icie nt bond or other acceptabl e sure t y to be approved
by said offici a l in a penal sum not l e ss tha n on e -half of the total
amount payable by the terms of this con t r act. Such bond sha ll be
duly e xecuted by a qu a li fi ed corpor a t e sure ty , conditioned for the
due a nd faithful perform ance of the contract , and in add ition , shall
provi de that if t he contractor or h is subcontractors fa il to duly
pay for any l abor , mat e rials , t e am hire, sustenanc e , provisions ,
pro vende r or other s uppl i es used or c onsumed by such contractor or
his subcontr oc t or in rerformanc e of the wor k contracted to be done ,
the s urety will pa y the s ame in an amo unt not exceed ing the s un
spec i f ied in the bon d , t ogethe r wi t h i nte r e st at the rate of e ight
pe rcent per an nun. Unl e s s such bond , when so required , is executed ,
delivered and f iled , no c l ai m in f avo r of the contract or arising
under this c on t r act sha ll be aud ited , allowed or paid . A c e rtified
or cash i er 's check o r a bank money order made payable to the
Tre;asurc>r of the St a t e of Colorado may be accepted in lieu of a
bond .
MINIMUM WAGE
4 . Excep t as otherwi se prov id ed by law, i f th is contract
prov idts for the payme nt of mor e tha n f i ve thousand dolla rs a nd
requ ires or i nvolves the emp l oyment o f l.:iOOr e rs or mec hdnics i n th e
const ruct i on , alteration or repa ir o( any building or othe r public
work, (except highways , highway bridges , underpasses and highway
structures of a ll kinds) within the geographica l limits o f the
State, the rate of wage for dll labore rs and mechanics E!l'ployed by
the con t ractor r.r any subcontractor on the building or public wor'<
cover ed by thi s contract sha ll be not l e ss than the prevailing rate
of wages for work of a similar natu re in the c ity , town , village or
othe r ci vil subdivision of the State in wt>ich the bui l ding or other
public work is l ocated . Disputes respecting p r e va iling r a t es will
be r esolved as provided in 8-16-101 , C.R.S . 1973 , as ame nded .
DI OCRIM!NATION AND AFf!RMI\TIVE IIC'f!ON
5 . 'l'he contractor agrees to ,....v111ply with the lette r a nd spirit
of the Color ado Antidiscrimination Act of 1957 , as amended , and
other app licable law respecting d i scrimination and unfair enpl oyment
p r actices (24-34-301 , C.R.S . 197 3 , a s amended ), a nd a s required by
Ex ecuti ve Ord er , El:ju al Oppo rt•Jnity a nd Affirma t ive llction , dated
Apr :l 16 , 197 5 . Pursuant thereto , the fol lowing provis i ons s hall be
=o nta i ned in all Stat e contracts or s ub-contracts.
Du ring the per:'ormance of thi s contract , the contractor ag rees
as follows:
(1) The contractor will not discrimina t e ag a inst any
enp l oyee or applicant for tmployment because of r ace , c r eed ,
col or , national or ig in, sex , marital sta tus, reli g ion,
ancestry, mental or physica l handi cap , or age . The contractor
will take affi rmati ve ~c tion tc. insure th at appli ca nts are
employed , anci that enployees a r e treated dur ; ng enpl oyment ,
without regard to the a bove ment ioned cha r acteristics . Such
a ction s ha ll i nclude , bu t not be limited to , the followi ng:
eTip loyme nt , upgr ad ing, demoti on , or transfe r , recruitmen t or
recruitment adve rti sing~; lay-offs or terminations ; rates of
pay or other forms of compens at ion ; a nd selection for
t ra ini ng , including apprenti ceship . 'I'he c ontractor ag rees to
fX)St b conspicuous places , av a ilable to enployees and
appli c.1nts for enpl oyment , noti c es to be provided by the
contract ing officer setting forth provi s i ons of this
non-discrimination claus
(2) The contr actor 1•ill , i:1 a ll solicita tions or
advert i semer,cs fo r enployees placed by or on beha lf o [ the
contractor , st.ate th a t al · qualified applicants will rece ive
c ons ideration f or enployml1.t without rega rd t o contractor ,
s t dt e that all qualif i ed a1--~li ca nts will rece i ve considera tion
for employme nt without regard to race , creed , co l o r , nat i onal
origin , sex , mar ital s t a tus , reli g ion , ancestry , me ntal or
phy s i ca l handica p , or age .
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(3) The contractor will send to each labor un ion or
representative of ,,orkers with ,tiich he has collective
bargai n ing ag r eaner,t or other contract or understanding ,
notice to be provided by the ,:-ontracting officer , advisi ng the
labo r union or worker r,1 representati,e at the contractor 's
comnitment under the Exec utive Order , Equal Opportunity a nd
Affirmative Action , dated April 16 , 1975 , and of the rules ,
regulat i ons , and re l evant Orde r s of the Gove rnor.
(4) The cc,ntractor a nd labor unions will furnish all
info,ma ti on and re ports required by Ex ecutive Orde r , Equa l
Opportun ity a nd Affirmati ve Action of April 16 , 1975 , and by
the ru l e s , regula tions and Orde rs of the Gover nor , or pursuan t
th e re to , and will pe rmi t access t o hi s books , records , and
ac c ounts by the contracting dgenc y a nd the office of the
Gov e rnor or hi s designee for p.,rposes of investigation to
asr::e rta in CCXTipliance with such rule s , reg ulat ions and orders .
(_.·) A labo r organiza t i on will not e xclude a ny individual
otherwise qu a lified f ran full menl:,ers h ip right s in such labor
organi zati rn , or e xpel any such ind ividua l fran cnerbersh ip in
such labor or ga nizat ion or disc rimi nate aga in s t any of its
membe r s in the full e njo,.me nt o f work opportuni ty , because of
race , c reed , co lor , sex , na ti on a l or ig in , or an,~e s tr y .
(6) A la bor organ i za tion , or the 011ployee s or mem:,e r s
th e reo f wi l L not aid , abet , inc 1 t e , cor,,pel or c.,:e rc..-e the doing
of any act de fined in this contr act to be d1 scr1m i na t ory or
obstruct or preve nt any person f ran comply ing with the
prov isions of thi s contract or any ord e r issued t.he reunder ; or
at t 011pt , either direct ly or indi r ectly, to c:om,it any act
def ined in thi s contract to be discriminator y .
(7) in th ~ e ve nt o[ th e contrac tor I s noncanpliance with
the nond isc.;rimina tion clause~ of this contract or with any of
such rules , regula tions , or o rders , thi!= contract may be
cance lled , te rmi nated or su s pended in wholt or in part and the
contractor may be decla red inel i g i b l e fo r further State
contracts in accordance with procedure s authorized in
Executive Order , Equal OppO rtun ity and Aff i rmat i ve Ac t ion o f
Apri l 16 , 975 am] the rules , regula tions , or orders
pran ulgat ed in acco Ldance the re wi t h , and s uch other sanctions
as may be imposed and remedies as may be invoked as prov ided
tn Exec utive Or de r , Equa l OppO r tun ity and Af firma t ive Action
o [ Ap r i l 16 , 1975 , or by ru l es , reg ulations , or order s
pranulgated in acc.;o rdance th e rewith , or as otherwise prov ided
by l a w.
(8) The contractor wi ll include the provis i ons of
pa r agraphs (l) throug h (8) i n ever y sub-cont r act and
subcontractor purchase order unlest; e xa.1pted by rul es ,
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regulations , or or jers iss ued pursu ant to Exec ut i. ve Order,
Equal Opport~nity and Affirmative Action of April 16 , 1975 , so
t:.1at such pr "'visions will be binding upon each sutx:ontractc-r
or vendor. The contractor will take such act ion with res[)€Ct-
to a ny subcontracting or purchase orde r as the contracting
agency may direct , as a means of enforcing such provisions ,
including sanctions for non canpliane ; provided , however, that
in the event the contractor becanes involved in , or i s
threatened with, litigation with the subcontractor or vendor
as a result of such direction by the contr acting agency , the
contractor may request the State of Co lorado to e nte r into
such litigation to protect the interest of the State of
Co lorado.
COLORAOO LIIOOR PREFERENCE
6 . Provis ions of 8-17-101 & 102 , C.R.S . 1973 , for preference
o f Colorado labor ar e applicable to this contract if public works
within the State a r e undertake n here unde r a nd a r e f ina nced in whole
or in part by State funds.
GEN ERAL
7 . The l aws of the State of Co l o rado and ru les a nd
r eg ulations issued pursua nt theret o s ha ll be applied in the
in te rpretation , execution and e nforcement of th is con tract. Any
pr ov i sion of this con t ract, wh ethe r or no t incorporated here in by
re(e rence .hich provide s for a rbitration by any extra-judici al body
or pers on or whi ch is ot herw ise in con f lic t with said l aw-s , rules
a nd reg ulat i ons , shall be conside r ed null and void . Nothing
cont ained in any prov i sion i ncorpor ated he rei n by reference whi ch
pu r por t s to negate thi s or any other spedal p rovisi on in whole or
in part shall be valid o r enforceab l e o r a vailable in a ny action at
law , wh ether by way of comp l a i nt, de fense or othe rwi se . Any
prov ision rende r ed nu ll and vo id by the operat i on of this provision
will not invalidate the remai nd er of th i s C'O nt ract to the ex t ent
that the cont ract is capab le of e xecut ion .
8 . The signatories hereto aver the1t they a r e famil iar with
18-8-30 1 , e t seq., (Bribery and Cor rupt Jnfl uences) and 13-8-401, et
seq ., (Abuse of Pub lic Off i ce), C.R.S . 1973 , as amended , and that no
vi o l ation of such provi s ions is presenL.
9 . The s i gnatories aver that to their know l edge , no state
emp loyee has any pe rsonal or beneficial int0 rest whatsoever in the
se rvice or property described he re in .
LO
I
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IN WITNESS WHEREOF , the parties hereto have ex..::uted this
contra ct the day and year first above wc itten .
ATTEST:
Clu e f Clerk
APPROVED:
State Controlle r
ATT EST:
C ry R. Higbee , -.,x o ff icio
City Cler k-Treasurer
section 2 .
STATE OF COLORAOO
RlOlARD D. UIMM, OOVERNOR
By
Executive Director
DEPARTMENT OF HIGHWl\'lS
WANE WOODARD
Attor ne y Gene ra l
By-=~--=~----L'lNN OBERN'lER
First Assistant
Attorne y General
Na tural Re sources Sect ion
CITY OF ENG LEWOOD , COLO RAOO
By
lugene L . Ot is , Ma yor
That the City Council of the Ci ty of Englewood her e by
authorizes the Mayor and the ex off i c io Ci ty Cle r k-Tr easure r to sign
and attest the same for and in beha l f o f the Ci ty of Eng l e wood .
Introd uced , read i n full , and passed on f i rst readi~g on the
17th day of October, 1983 .
Pub l ished as a Bi ll for an Ordi na nce on the 19th day of
October , 1983 .
Amended and passed as amended on th 7th day of NoveTiber ,
1983.
ll
l\mendments p.,bli shed on the 9th day of Novaroer , 1983.
Read by ti t le a nd passed on final reading on the 21 s t day of
Novemer , 1983.
Published by title as Ordinance No. 5 1, , Series of 1983 , on
the 23rd day of Novemer , 198 3 .
/s / Eu ge n e L. 0tis
Attest :
Eugene L. Ot i s , Mayor
/s / Gary R. Higbee
ex officio City Clerk-Treasur e r
!, Gary R. Higbee , ex officio Ci ty C:l erk-Treasu r e r of the City
of Englewood , Colorado , he r e by cer t ify that the above and foregoing
i s a true , accurate a nd comp l ete copy of the Ordina nce ~ssed on
final read ing and p.,bli s hed by titk as Ordin ... nce Nn . ,6 , Series
of 1983. --
12
....Ls.LliJ!.a_R,___fil~
Gary H. Hi gbee
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