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1976- 8,~ .~. ~y 3. ~ ~. I • ~r ORDINANCE NO. S SERIES OF 1975 AN ORDINANCE RELATING TO PUBLIC CONTRACTS, PROVID- ING THAT CONTRACTS SHALL BE LET BY BID, ADVERTISEMENT • FOR BIDS, AUTHORI2TNG THE TOWN MANAGER TO SIGN CON- TRACTS ON APPROVAL OF TOWN COUNCIL, PROVIDED THE TOWN COUNCIL MAY BY RESOLUTION AUTHORIZE THE TOWN MANAGER TO NEGOTIATE SAID CONTRACTS; AND, SETTIiQG FORTH DE- TAILS AND EXCEPTIONS TO THE FOREGOING; i WHEREAS, the Charter of the Town of Vail and the Constitution and Statues of the State of Colorado grant to the Town as a homerule muncipality the authority to enter into contracts; WHEREAS, the Charter in Section 6.3(k) entitled "Town Manager-- rowers and duties" grants to the Town Manager the authority to provide certain services for the Town; WHEREAS, the Town Council believes it would be in the best interest of the Town to specify the procedure and authority far public contracts; and, WHEREAS, it is the opinion of the Town Council that the same would be in the best interest of the public health, safety and welfare; NOW, THEREFORE, BE TT ORDAINED BY THE TOWN COUNCIL OF Section 1. All work done by the Town i.n the construction of works of public improvement of every kind shall be constructed by independent contracts and all contracts shall be a let by the Town Manager with the approval and direction • of the Town Council. Providing further: {a) All such contracts shall be let to the lowest and responsible bidder after public advertisement. THE TOti~TN OF VATL, COLORADO, THAT: (b) 1f after advertisement, it is determined by the Town Council that the bids are too high, the lowest bidder was not reliable or responsible; or that the proposed improvements could be made for less by the Town's own employees or by negotiated contract, the Town Council may reject allthe bids and direct: (i) that the project be put out again for bid when the conditions are deemed more favorable; (ii) that the project be completed by the Town and its farces; or (iii) that the Town Manager attempt to negotiate a contract that may be more favorable to the Town. In all advertisements the right shall be reserved to reject any or all bids and upon rejecting all bids and upon rejecting all bids, other bids may be t 4 ~ ~ • . advertised for or negotiations entered for said contract. (c) The Town is not required to advertise for and receive bids for technical, professional or incidental assistance and the Town Manager shall have the authority to provide said services for the Town. (d) If the Town Council determines that it would be in the best interest of the public and the Town, it may by resolution authorize the Town Manager to enter into negotiations for a contract to construct a particular local improvement or to perform work thereon without submitting the same for bid. After completion of that negotiation, the proposed terms of the contract shall be submitted to the Council for its approval. (e) Unless otherwise directed, all contracts with the Town shall be signed by the Town Manager and attested to by the Town Clerk. Section 2. Severability. If any part or provision of this ordinance or the applica~- tion thereof to any person, proeprty or circumstance is adjudged in- valid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision, section, or applica- tion directly involved in the controversy in which judgement shall. have been rendered and shall not affect or impair the integrity or validity of the remainder of this ordinance even without any such part, pro- vision, section, or application. Section 3. Savings Clause. Nothing herein shall be construed to repeal, invalidate, set aside or call into question any previous contract, action, ordinance or resolution of the Town Council or Town Manager unless expressly stated herein. All agreements, contracts, obligations or rights previously entered into or vested in the Town or its contractors shall remain in full force and effect and shall not be effected hereby. Section 4. Effective Date. The Town Council finds that this ordinance necessary to the public health, safety and welfare and the same shall take effect as provided by the Charter. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED THIS • ~~ y ~.9? ~ • of ' ~, th daY bo ho~-d on t~,e ~_ ~i~r C iZ dad' °~ b1 ~ar~.n9 5~~,~1 ~.~~h R p~ io ~ lg~~'' r A r~2 Tptt1N .g~ ATTEr~~.: ,, Town C C A ~ ~ INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED BY TITLE ONLY this 6th day of April, 1976. ,~,,,,_,,., ,.r ___ __ x r ~ / ATTES'~ : ~~ ~E 1 ~l'own CIo~C c E Y