HomeMy WebLinkAbout1983 Ordinance No. 058ORDINANCE NO. ---5]_
SERIES OF 1983
BY Alll'HORITY
OlUNCIL BILL NO. 59
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVING AN AGREEMENT WITH 'lllE DEPARTMENT OF NATURAL
RESOURCES , COLORADO WATER CONSERVATION '!OARD, SfATE OF <XJLORAIJO,
PROVIDING FOR 'lllE CX\NSTRUCTION OF OIAN~i l. IMPROVEl'IENTS TO '!'HE SOO'lll
PLATTE RIVER BETWEEN WEST OXFORD AVENUE AND U.S . 265 (HAMPDEN AVE.).
WHERE/IS, the U.S. Corps of Engineers plans to make certain
irnprovanents to the channel of the South Platte River; and
WHERJ,;IIS , such irnprovanents will take place partly on property
owned by the City of Englewood ; and
WHERE/IS , it is to the benefit of the City of Englewood to
cooperate in the construction of said irnprovanents to the benefit
of the City of Englewood in providing recreational r esources to its
residents;
NOW , THEREFORE, BE IT ORDAINED BY THI:: CITY OlUNCIL OF 'lllE
CITY OF ENGLlliOOD , COLORADO , AS FOLLCMS:
Section 1. An easement for river rechannelization irrprovenents
as follows is hereby approved:
ENGLEWOOD DEPARTMF.NT /AQ:NCY #
CXJN'r RACT ROUTING #---==
EI\SEMF.NT FOR RIVER RECHANNELIZATION IMPROVEMENTS
'llH S EI\SEMEN!', rr,ade this clay of
1983, hy the CITY OF ENGLEWOOD of the Co unty -o~f_Ar_a_p_a_h_oe_, _S_t_a_t_e of
Colorado, party of the first part , to the STATE OF <XJLORADO for the
use and benefit of the DEPARTMENT OF NATURAL RESOURCES (COLORADO
WATER CONSERVATION BOARD), hereinafter referred to as pa rty of the
second part ,
\,JTNESSETH
That for and in consicle r a tion of the sum of Ten Dolla r s and
other cons ide r at ion, cash in hand paid , the rece ipt of .nich is
he r e by acknowledged , part i es of the first part have this day con-
veyed a nd transferred and delive red unto the party of the second
par t a permane nt easane nt and right of way , inclucing the perpetual
right to enter upon the real es tate hereirn,fter described at any
time it may see fit and c-onstruct , ma 1nta .. n, service, and repair
im,rovanent s to the South Platte River chdnnel for the purpose of
conveying river flows over , across, and through the lands herein-
aftt>r described , togethe r with the right to remove trees , bushes ,
unde r growth and other obstructions (except as he r e i n proviued)
inte rfering wi th th e loca tion, construction and mainte nance of said
i mprovene nts t o th e river dlanne l.
The easanent and right of way hereby gra nted i s located in
Ex hibit A, attached hereto .
To have and to ho l d such easement and right o ' way unto the
par ty of the second part and unto its succe ssors a nd assigns for-
ever .
The pa rty of the f irs t pa r t does hereby covena nt with the
par t y of the second pa r t that they a re l awfully se ized and pos-
s essed of the rea l est ate above described , tha t the y have a good
a nd l a wful r.ight to convey i t or a ny part the reof , tha t the above
described easanent and right of way is fr ee from a ll e ncllllbr a nce s
and t hat they will forever warrant a nd defe nd the title the reto
against the law fu l claims of a ll per sons whansoever .
The firs t party furthe r grants to the second pa rty the right
o[ ingres~ to and eg ress f ran said strip over and ac ross said l ands
by mea ns of roads and lanes the r eon , if suc h there be; othe rwise by
such route or route s a s sha ll occas i on the least pract ica 1 damag e
and in convenience to the first party .
First pa rty will pe r fo rm such normal mainte na nc e as is ap pro-
pr iate on th e easement ; prov ided , ho',,,,19ve r , nothing herei n contained
shall in any way obli')ate the pa r ty of the firs t pa r t to mai ntain
the ri p rap , we irs or other ch:-1nn e l impr ovanents constructed by the
second pa rty or the U.S. Army Co r ps of Engi neer s .
First pa rty re ser ves the right to use said ea sement and right
of way for p..,rpose s wh ich will not inte r fere with second pa r t y 's
fu ll e n joyment of the rights he re by gr anted , provided that f irst
party sha ll not a lte r the channel improvements made by the party of
the second party . No thing he rei n contained sha ll , howev e r , pro-
h i bit the pa rty of the f irst pa r t f rom maintaining , expanding , or
re building the bridg e across the South Pla tte Ri ver , ins t a lling
bike paths , bo at ramps , parkirV:J faci l ities , dnd othe r s imilar
recreational facilities , and party of the second party shall in no
way interfere with the fir st party 's fu ll and peaceful enjoyment-.
thereof.
The pro visi ons hereof shall inure to the benefi t of and bind
the sucr:essors and assigns of the respective parties her e to and all
convenar,ts shall apply to and run with the land.
IN WITNESS WHEREOF , the first pa r ty hereto has set its hand
and seal the day and year first above written .
A'l'l'EST:
Gary R. Higbee, ex offi cio City
Clerk-Treasu r e r
CITY OF ENGLEWOOD , O'.lLORAOO
By _________ _
Eugene L. Otis , Mayor
Section 2. That a <":lnt r act with the State of Co l o r ado ,
Department of Natural Res<'urces , Color ado Wa t.er Conservation Board,
is her e by approved :
COtlTRACT
THIS CON'rRACT , made this day of-------· 19 83 ,
by and between the STATE OF COLORAOO for the use and benefit of the
DEPAR™EN'r OF NATURAL RESOUOCES (COLORAOO WATER CONSERVATION
BOARD), hereinafter refer r ed to as the State , and the C!1'Y OF
ENGLEWOOD , of the Co unty of Arapahoe , St ate of Colorado ,
hereina fter refer r ed to as the Cont r actor .
WHEREAS , authority exists in the Law and Funds have been
budgeted , appropriated and otherwise made avai lable and a
sufficient unencumbe r ecl balance theree>f remains available for
payment in Fund Number , G/L Acc o un t Number
Contract Encunb rance Number -----; and ----
WHEREAS , requ ired appr oval , c l earance and coordinat i on has
been accanplished fran and with appropriate agenci es ; ar..
WHEREAS, the U.S . Army Cor ps of Engineers pla ns to make
cer t a in improvements to the channel of the South Platte River; and
WHEREAS , s uch improvenents will take .-lace partly oo property
owned by the City of Englewood; and
WHEREAS , both pa rties des ire to have such i mprovements made ;
NO,I, 'lllE REFORE , .'.t is hereby agreed that:
1. As a consideration for entering into thi s agreenent, the
par ties a l so ag r ee that the State shall place or cause to be placed
the approximate l y 15 ,000 cubi c yards of fill material now stock-
p iled a t or near the northeast corner o f the intersection of west
llxford /\venue with the South Platte River to an area along the east
bank of the So uth Plat t e Hiver within the easement as described in
Exhibit I\ attached hereto . Sa i d fill materia l is to ser ve as a
base for rip rap and s ha ll be placed i n accordance wi th the speci -
fi cations of the U.S . Army Co rps of Engineers .
2 . Sta te her e by covena nts and agrees to perform its con-
structi on and maintenance operations with dispatch and with care
and , immediate l y upon comp l e tion of its operation, sha ll repair a ny
damage it sha ll have done to th e contractor 's fe nces , roads , l anes ,
trees , shrubs , or other i mprovaTients .
3 . /It least ten (10 ) days prior to construct ion , the State
s ha ll g ive notice to the office of the City Manag er .
4 . The provis ions hereof shall in ure to the benef it of a nd
bind the successors and ass i gns of the respective parties hereto .
SPl'x:II\L PROVISI ONS
CONTROLLER 'S /\PPROVI\L
1. This contract shall not be deemed val i d until it shall
have been ap proved by the Co ntroller of the Stat e of Co lorado or
such a ssistant as he may des ignate . This prov ision i s a pplicabl e to
a ny contract invo l v ing the payment of money by the Stat e .
FUND I\VlllLABIL ITY
2 . Financia l obligations of the St a t e payabl e after the
curre nt fisca l year are contingent upon funds fo r t hat p.,rpose being
appropri a ted , budgeted and othe rwi sP. made ava ilabl e .
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BOND REC(JIREME:NT
3. If thi s contract involves the payment of more thar , .,
thousand dolla rs for the construction, erection , repair ,
mainte nance , or irr(>rove.ment of any building, road, i.Jridge , v ii ·i JCt ,
tunne l, excavation or other p.,blic work fo r this State , the
contractor sha ll , before entering upon the performance of any :s.•ch
work included in this contract , d uly execute and deliver to and l.i le
with the official .ttose signature appears below for the St.,te, a
good and sufficient bond or other acceptable surety to be approved
by said off icial in a penal sum not l e ss than one-half of the totil l
amount paya ble by the terms of this contract. such bond sha ll be
duly executed by a qualified corpor a t e surety, conditioned for the
due and faithful performance of the con tract , and in addition, sha ll
provide that if the contractor or his subcontractors fail to duly
pay f or any labor , materials , team hire , sustenance , provisions ,
provende r or other supplies used or consumed by such contractor or
his su bcontractor in performance o f the wor k co ntracted to be done ,
t he surety will pay the same in an amo un t not exceeding the sum
specified in the bond, together with in terest at the ra t e of eight
percent per annum . Unless su d1 bond , whe n so required , is executed ,
delivered and filed , no c l a im i n fa vor of the contractor arising
under thi s con trac t sha ll be audited , a llowed or paid . A ce rtified
or ca shie r 's check or a bank money or de r made payable t o t he
Tredsure r of the State of Co l o r ado may be accepted in lieu of a
bond .
MINIMUM WAGE
4 . Except as otherw ise prov i ded by law , if thi s contract
provides fo r the payme nt of mo r e than f ive thousand d olla rs and
requires or invo lves the anplo)'llent of l a bor e r s or mechanics in the
construct i on, a lte r ati on or repair of a ny building or ot her publi c
wo rk , (exC"ept h ighwa ys , highway bridges , under pa sses and highway
structures of a ll kinds) within the geog raphica l limits of the
State , the ra t e of wage for all l abor e r s and mecha n ics enployed by
the contractor or any subcontractor on the building or p ubl ic wor k
covered by this contract shall be not l ess than the prevailing r a t e
of v1ages f or wo rk of a similar natu re i n t he city , town, village o r
other c i vi l subdivision of the State in which the building or other
pub1ic work is located . Disputes respecting pr eva iling rates will
be resolved as provid,sd in 8-16-·101 , C.R.S. 1973 , as ame nded.
DISCR IMINIITI ON /\ND I\FFIRMIITIVE IICT !ON
5 . The contractor agrees to com ply with the l e tter and spirit
of the Colorado Antid iscrimination Act of .l.~57 , as amended , and
othe r app l icable law respecti ng disc r imination and un fair ernplo)'llen ,
p ractices (24-34-301 , C.R.S. 1973 , as amended), and as required by
Executive Order , El:jual Opportuni ty and J\ffirmative Action , dated
April 16 , 1975, Purs uant the re to, the following provisions shall be
contained in all State con tracts 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 emp l oyment because of r ace , c r eed ,
co l or , na tiona l origin, sex, marital status , rel igion,
a ncestry , mental or i:t,ysical ha ndicap , or age . The con tractor
will take affirmative action to insure that a pplicants are
employed , and that employees are treated duri ng employment ,
without regard to the above mentioned character i stics . Such
action s hall include, but not be limited to, the followi ng :
anployme nt , upgrading , demotion , or transfer , recruitment or
recruitment advertisings; l ay-offs or terminations; rates of
pay or other -~rms of compensation ; and selection for
•raini ng , i ncluding apprenticeship. The contractor agrees to
post in conspicuous places , available to employees and
app lica nts for employment, not ices to be provided by the
contra cting officer setting forth provisions of this
non -discrimination clause .
(2) The contractor will, in all solicitat i ons or
advertisement s for employees placed by or on behalf of the
contractor, state that all qualifi ed ap plicants will receive
con£,ide ration fo r enployment without regard to con t ractor ,
state that a l l qualified applicants will rece ive co nsideration
for enployment without regard t o race , creed , color, nationa l
orig in , sex , marital status , relig ion , anc e stry, me nta l or
physical handicap, or age .
(3) The contractor will send to each l abor union or
repr esenta tive of work e rs with \J1ich he has collective
O:lrga in ing ag reeme nt or other contract or unde rstanding ,
not i ce to be provided by the contracting officer , advising the
l abo r un ion or work ers ' re pr e sentative of th e contractor 's
comm i tment und.a r t he Executi ve Order , Equ al Opportunity and
Affirmative Action, dated April 16, 1975 , a nd of the rule s ,
regulations , and relevant Orders of the Go ver nor.
(4) The contr actor a nd labor unions will furnish all
informa tion and reports required by Executive Order , Equal
Opportunity a nd Affirmative Ac ti on of April 16 , 1975 , and by
the rules , regulations and Ord er s of the Governor , or p..1rs uant
th e reto , and will permit access to his books , re cords, and
accounts by the contracting agency a nd the off ice of the
Gover nor or his designee for p.Jrpos es of inves tigat ion to
ascerta in compliance with such rules , regulations and orders .
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(5) A l abo r organ ization wi 11 not e xclude a ny i ndividua l
othe rwise qualif i ed fran full tnem>ership rights in s uch l a bor
organ ization , ot expel any such in,Jividual fran marbership in
such l abor organization or discriminate against a ny of its
maroers in the full e njoyment of work opportuni ty , because of
race , creed , color , sex , national orig in , or ancestry .
(6 ) A l abo r o rga nization , or the enpl oyees or merrbe r s
the r eof will not a id , abet, i nc ite , canpel or coer ce the doing
of any act def ined 1n thi s contract to be di scr im inatory or
obstruct or prevent any person fran comp lyi ng wi th the
provi s ions of this contract or any order iss ued thereunde r; or
a ttempt , e i t he r directly or i nd i r ec tly , to C011111i t a ny act
defined i n this contract to be discr i minatory.
(7) In the event of Uie contr actor 's noncanpliance wi th
th e nondiscriminat ion c l auses of this cont ract or with any of
such rule s , regulations, or orde rs , thi s contract may t:e
cancelled , terminate'.l or suspended in wh ole or in part and the
co ntractor may be declared ine ligi bl e for furthe r Sta te
contracts i n acco rda nce with procE.-dur es autho rized in
Exec utive Orde r, Equ al Oppo r tunity and .~ff irmat i ve Act ion of
Apr il 16 , 975 a nd the rules , reg ulation.;, or or ders
pranu lgated in accorda nc e therewith , and &•Jch other sanctions
ilS may be impo sed a nd remedies as may be invoked as prov ided
in Ex ecutive Order , Equ a l Opportunity a nd Affirmative Act ion
of Apri l 16 , 1975 , or by rules, reg ulations , or 0rde r s
pranu l ga t ed in accordance therewith , or as otherw ise prov ided
by l aw .
(8) The co ntractor wil l include the prov isions of
paragraphs (1) th rough (8 ) in every sub-cont r act a nd
subcontractor purchase orde r unless e xenpted by rule s ,
regulat ions , or orders issued pursu ant to Execut i ve Order ,
Equal Opportunity and Affi r mative Action of April 16 , 1975 , so
that s uch provisions will be binding upon each subcontractor
or vendor . The contractor will take such act.ion with re spect
to any suOContract ing or p.irchase orde r as the contracting
agency may di rect , as a mea ns of enforcing such prov i sions ,
including sanct i ons for noncompliane ; provided , howe ve r , that
i n the event the contractor l:ecomes inv olved in , or is
threatened with , li t igation with the subcontractor or vendo r
as a result of such direct ion by the contracting agency , tbe
contractor may request the State of Colorado to ente r into
such litigat ion to protect the interest of the Stace of
Colorado .
CXJLORAOO LABOR PRE!,ERENCE
6 . Provisions of 8-17-101 & 10 2, C.R.S . 1973 , for pre ference
of Colorado laoor are applicable to this contract if p.,blic works
within the Sta t e are undertake n hereunder and are financed in whole
or in pa rt by State fund s .
GENERAL
7 . The laws of the State of Co lorado and rules a nd
regulations issued p.,rsuant thereto shall be applied in the
inte rpretation, e xecution and enforcenent of this contract . Any
provision of this contract , whe the r or not incorpor ated her ein by
reference which provides for a rbi t r a tion by a ny ex tra•-Judic;al bod y
or person or which is otherwi5e in conflict with sajd laws , ru l es
and regula tions, shall be cons ider ed null a nd void. Noth ing
contai ned in a ny pr ovision incorpora ted herein by reference which
purports to negate this or a ny other special provision in whole or
in pa r t sha ll be val i d or enforceable or avai l a ble in any action at
law , whether by way of c anplai nt , defense or othe rwise . Any
provision rendered null a nd void by the oper ation of this pcov ision
wi 11 not invalida t e t he ranainder of th is contract to the extent
that the contract is capable of execution.
8 . The signatories he r eto a ver that they are f amilia r with
18-8-301 , et seq ., (Br ibery a nd Corrupt Influences) and 18 -8-401, et
seq ., (Abuse of Public Offi ce), C.R.S. 1973, as amended , a nd that no
vio l ation of such prov i sions i s present .
9 . The signatories aver that to thei r knowledg e , no state
employee hes an y personal or benefici al interest whatsoever in the
service or property described he re.i;i .
IN 1,ITNESS WHEREOf , the part i es hereto have executed this
contract the day and year first above written .
Sl'I\TE Of COLORAOO
RICHI\RD D. 11\MM , GOVERNOR
By--=--,-~--,,-,---,------Zx ecut i ve Di rector
"cc-on-,-tr_a_c..,t_o_r ____ ------DE PARTMENT OF NATURAL RESOURCF.3
Posit ion
sociaf Secur 1 ty fiuiiioer
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APPROVALS
ATTORNEY GENERAL
By ___________ _
I\TTES!':
Gary R. Higbee , ex officio
City Clerk-Treasurer
CONTROLLER
By ___________ _
CIT Y OF m:.LEWOOO , COLORADO
By _________ _
Eugene L. Otis , Mayor
Section 3 . That the r-layor and ex officio City Clerk-Treasurer of
the City of Englewood are hereby authorized to sign and attest the
foregoing agree-nents for and on behalf of the City of Englewood and
the City Council.
Introduced , r ead i n full , and passed on first reading on the
7th day of November , 1983 .
Pub l ished as a Bill fo r an Ord i na nce on th~ 9th day of
Novembe r , 1983 .
Read by title and passed on final r eading on the 21st day of
Novembe r , 1983 .
Published by title as Ordinance N0 .--2Jl. __ , Series of 1983 , on
the 23rd day of November , 1983 .
I./ Eu gene L . Otis
-·:::u ene L. Otis , Mayor
Attest :
/s / Gar y R. Hig bee
ex off1c10 City Clerk -Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood , Colorado , hereby certify that the above and foregoing
is a true , accurate 3Jld canplete copy of the Ordina nc e passed on
final reading and published by title as Ordinance No. 58 , Serie s
of 198 3 . --
/s / Gary R. Hig bee
Ga r y R. Higbee
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u. s. ARMY CO RPS or ENGINEERS' nrc11~·-or-w,w THROUGH GOLr COURSE :
Uaginninc; uc the SW Cornar o f t he Nw•, of th11 SW" o f Sac. '1 , •11wv, ~ s .,
Ronge 60 w. of the 6th P,M,, Aropahoe county, Colorado, thence s.
89 ' 38'5 1" r,. olong the s . line of the NW~ of the sw1, 421.28' 1 thence
11. 01° 1 3 1 31 11 n:. l<ll0 .0 ' I the nce N. 16° 43'31" B. 600 .0' I thence N.
24' 33'31" E. 720.0' 1 thence N. 74' 18 '31" E, ·370,0' 1 thence N. 15° 31'29"
w. 150 .0'; t h ence s. 74'18'31" w. 439.55'1 thence S . 24'33'31" w. 799 .84';
1;h0nce s. 16 °43 1 31 11 W. 629 ,90', thonca s. 01•13 1 31" w. 556,05'; thence
s, 56°43'31 11 w. 342 ,0'1 co a point on tha W, linl!I of Sac , 4, 'l"wp, 5 s.,
Range 60 YI .; t:he nce S . 0° 23 1 31" W. 688 .0' to the Point of Beginning,
except the south 80' thereof,
Said pa rcel conta in s 15.204 acres. Basis of bearing s from llolaris tulcen
Ja nua r y 20, 1981.
6/14/83
PK/l o
EASEMENT EXHIBIT A