HomeMy WebLinkAbout2014 Ordinance No. 034•
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ORDINANCE NO. :3/
SERJES OF 2014
CONTRACT NO, , .. p5-z.ou .. \
BY AUTHORITY
COUNCIL BILL NO. 35
INTRODUCEQPYCQt.p-.rCIL
MEMBER /)(....~A)
AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT (IGA)
ENTITLED "CONTRACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF
GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD" FOR REIMBURSEMENT
TO THE CITY OF ENGLEWOOD, COLORADO FOR THE COST OF 2014 TRAFFIC SIGNAL
SYSTEM EQUIPMENT PURCHASE.
WHEREAS, the Englewood City Council previously approved Ordinances to enter into
agreements with Denver Regional Council of Governments (DRCOG) to allow DRCOG to
reimburse the City of Englewood for 2004, 2005, 2007, 2008, 2009 and 2010 miscellaneous traffic
signal equipment purchases; and
WHEREAS, DRCOG received U.S. Department of Transportation Congestion Mitigation/Air
Quality (CM/AQ) funds through the Colorado Department of Transportation (COOT) to carry out
traffic signal system improvements and purchases in the Denver metropolitan region; and
WHEREAS, the City of Englewood submitted an application to DRCOG for the 2014 Traffic
Signal System Equipment Purchase Program; and
WHEREAS, DRCOG desires to contract with the City for the purchase of miscellaneous traffic
signal equipment consistent with the Traffic Signal System Equipment Purchase Program; and
WHEREAS, DRCOG is responsible for monitoring and administering this federal program; and
WHEREAS, these funds are Colorado Department of Transportation (COOT) pass-through of
federal funds; and
WHEREAS, the passage of this Ordinance authorizes the intergovernmental agreement allowing
DR COG to reimburse the City of Englewood for the cost of traffic signal system equipment, which
will be purchased by the City in 2014/2015, in an amount up to $129,000;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of Englewood, Colorado, hereby authorizes an intergovernmental
agreement (IGA) entitled "Contract by and Between the Denver Regional Council of Governments
(DRCOG) and the City of Englewood" for reimbursement to the City of Englewood, Colorado for
the cost of traffic signal system equipment, which will be purchased by the City in 2014/2015, in
an amount up to $129,000, a copy of which is attached hereto as Exhibit I.
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Section 2. Federal Department of Transportation funds are the source of these traffic
mitigation funds.
Section 3. The Mayor is hereby authorized to sign and the City Clerk to attest said
intergovernmental agreement (IGA) entitled "Contract by and Between the Denver Regional
Council of Governments (DRCOG) and the City of Englewood" for and on behalf of the City of
Englewood.
Introduced, read in full, and passed on first reading on the 16th day of June, 2014.
Published by Title as a Bill for an Ordinance in the C ity's official newspaper on the 20th day of
June, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of
June, 2014.
Read by title and passed on final reading on the 7th day of July, 2014.
Published by title in the City's official newspaper as Ordinance No.~ Series of 2014, on
the 11th day ofJuly, 2014.
Published by title on the City's official w ebsit e b eginning on the 9 th day of
July, 2014 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is ~e copy of the Ordinance passed on final readin and published by
title as Ordinance No.!:!/-' Series of 2014. · ______ -J , ~
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CONTRACT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
1290 Broadway, Suite 700
Denver, Colorado 80203-5606
(
11DRCOG 11
)
and
CITY OF ENGLEWOOD
Department of Public Works
1000 Englewood Parkway
Englewood, Colorado 80110-2373
("CONTRACTOR")
for
2014 TRAFFIC SIGNAL SYSTEM EQUIPMENT PURCHASE
Project Number: 543013 Contract Number: EX14006
RECITALS:
A. DRCOG anticipates receiving U.S. Department of Transportation Congestion
Mitigation/Air Quality (CM/AQ) funds through the Colorado Department of Transportation
(Coon, to carry out traffic signal system improvements and purchases in the Denver
metropolitan region .
B. Upon issuance of a Notice to Proceed from DRCOG to Contractor, authority will exist in
the law and funds will have been budgeted, appropriated, and otherwise made available and a
sufficient unencumbered balance thereof will remain available for payment.
C. DRCOG desires to engage the Contractor for the purchase of miscellaneous traffic
signal equipment consistent with the adopted Traffic Signal System Improvement Program
further described In this contract and Exhibit A, conditioned upon funds being made available to
DRCOG for such purposes and Issuance of a Notice to Proceed to Contractor.
D. The Contractor agrees to comply with all applicable provisions of the contract between
DRCOG and CDOT, which are incorporated herein by reference and made a part of this
contract as if fully set forth and a copy of which contract shall be provided to Contractor In the
monitoring and administration of this contract.
NOW, THEREFORE, It is hereby agreed that:
1. PURCHASE OF THE EQUIPMENT
a. General Requirements. The Contractor shall administer and purchase the equipment
that is described in the attached Exhibit A (the "Project"), which is made a part of this
contract, in accordance with Title 49, Parts 18 and 19, as appropriate, of the Code of
Federal Regulations regarding uniform administrative requirements for state and local
governments and other non-profit organizations .
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b. Submissions of Proceedings, Contract, and Other Documents. The Contractor shall
submit to DRCOG all data, reports, records, contracts, and other documents collected
and developed by the Contractor relating to the Project as DRCOG may require. The
Contractor shall retain intact, for three years following project closeout, all contract
documents, financial records, and supporting documents.
c. Award of Contract. This contract is awarded to the Contractor based upon the
Contractor's Project application, which provides that the Contractor be responsible for all
expenses associated with acquiring, Installing, operating and maintaining the equipment,
excluding the actual purchase cost of the equipment. Contractor agrees that Contractor
costs for staff and subcontractors will not be reimbursable as part of this contract.
d. No DRCOG Obligations to Third Parties. DRCOG shall not be subject to any obligations
or liabilities to any person not a party to this contract in connection with the performance
of this Project pursuant to the provisions of this contract without its specific written
consent. Neither the concurrence in, nor approval of, the award of any contract or
subcontract or the solicitation thereof nor any other act performed by ORCOG under this
contract constitutes such consent.
2. ACCOUNTING RECORDS
a. Accounts . The Contractor shall establish and maintain as a separate set of accounts, or
as an integral part of its current accounting scheme, accounts for the equipment
purchases to assure that funds are expended and accounted for in a manner consistent
with the requirements of this contract. the contract between DRCOG and COOT and all
applicable federal and state laws, and their implementing regulations.
b. Eunds Received or Mad e Av alfab l§. The Contractor shall appropriately record In the
account all reimbursement payments received by it from DRCOG pursuant to this
contract.
c. Allowable Costs. Expenditures made by the Contractor shall be reimbursable as
allowable costs to the extent they meet all of the requirements set forth below. Such
expenditures must:
1) Not be incurred and are not allowable prior to DRCOG's issuance of a Notice to
Proceed to Contractor as described in Section 4 of this contract.
2) Be made in conformance with the description, budget, and all other provisions of this
contract.
3) Be necessary for the accomplishment of this contract, and reasonable in the amount
of goods and services provided.
4) Be actual net costs to the Contractor (i.e., price paid minus any refunds, rebates, or
other Items of value received by Contractor that have the effect of reducing the cost
actually incurred).
5) Be incurred for equipment purchased only as described in Exhibit A, after the date of
this contract.
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6) Be treated uniformly and consistently under generally accepted accounting
principles.
7) Be In conformance with the standards for allowability of costs set forth in Office of
Management and Budget Circulars No. A-122 or A-87, as appropriate, regarding cost
principles for nonprofit organizations and state and local governments.
d. Documentation of Costs. Invoices, contracts, and/or vouchers detailing the nature of the
charges shall support all equipment purchase costs charged to this contract.
e. Checks. Orders, and Vouchers. Any check or order drawn up by the Contractor with
respect to any item which is or will be chargeable against this contract will be drawn only
In accordance with a properly signed voucher then on file in the office of the Contractor,
which will detail the purpose for which said check or order is drawn. All checks, payrolls,
invoices, contracts, vouchers, orders, or other accounting documents pertaining In whole
or In part to the Project shall be clearly identified, readily accessible, and, to the extent
feasible, kept separate and apart from all other such documents.
f. Audits and Inspections. At any time during normal business hours and as often as
DRCOG, COOT and U.S. Department of Transportation (hereinafter, "USOOT'), and/or
the Comptroller General of the United States may deem necessary, there shall be made
available to ORCOG, COOT, USDOT and/or the Comptroller General, or any of their duly
authorized representatives, for examination, all books, documents, papers, and records,
whether in electronic, digital, hard-copy or other form, with respect to all matters covered
by this contract and the Contractor will permit DRCOG, COOT, USDOT, and/or
representatives of the Comptroller General to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this contract.
3. TIME OF PERFORMANCE
This contract shall commence upon execution and shall expire June 30, 2015. No work
shall commence until execution of a Notice to Proceed, as described herein.
4. NOTICE TO PROCEED
Contractor shall not commence the Project or any portion thereof until it receives from
DRCOG a written Notice to Proceed, an example of which Is attached hereto and
Incorporated herein as Exhibit 8, and which may be transmitted to Contractor by electronic
mall. The Notice to Proceed shall include the starting and completion dates for the Project
and any other relevant information, and Contractor shall complete the Project within the
period specified In the Notice to Proceed and in conformance with this contract unless the
period or terms thereof are extended by written amendment. DRCOG shall not be liable to
pay or reimburse Contractor for performance of the Project or any portion thereof until
DRCOG issues a Notice to Proceed to Contractor. If the funding for this contract is not
appropriated, or otherwise becomes unavailable, DRCOG may immediately terminate this
contract as provided herein .
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5. COST OF EQUIPMENT PURCHASES
The cost for equipment purchases in which federal funds are participating shall not exceed
One Hundred Twenty-Nine Thousand Dollars ($129,000.00) as described In the attached
Exhibit A. No equipment shall be purchased until a Notice to Proceed has been executed in
accordance with Section 4 of this contract, and costs shall be reimbursed only In
accordance with Section 2.c of this contract.
The Contractor agrees to provide all installation, operation and maintenance of the
purchased equipment at its expense.
6. REQUEST FOR PAYMENT BY THE CONTRACTOR
a. Award. Upon execution of a Notice to Proceed, DRCOG shall reimburse the Contractor
for the purchase of traffic signal equipment as described In the attached Exhibit A and
only in accordance with Sections 2.c, 4, 5 and 6.c herein.
b. Requests for reimbursement shall be addressed to:
Denver Regional Council of Governments
Attention: Accounts Payable
1290 Broadway, Ste. 700
Denver, CO 80203
c. Payment. Payment shall be made on the following basis: After receipt of the equipment,
the Contractor shall Immediately initiate Installation of equipment. After the Contractor A
has Installed the equipment and the equipment is operating as intended, the Contractor W
shall submit to the address in the above section 6.b. both the invoice for reimbursement
and a certification that the equipment has been Installed and the equipment is operating
as intended. DRCOG reserves the right to field-verify the equipment and its operation.
UpQn receipt of the required materials, DRCOG will incorporate the invoice into its next
bill to CDOT. Upon receipt by DRCOG of payment from COOT, DRCOG will reimburse
the Contractor for the amount of allowable costs of the Contractor's Invoice.
7. NOTICE AND REPRESENTATIVE
Each Individual Identified below is the principal representative of the designating party. All
notices required to be given hereunder shall be delivered electronically to such party's
principal representative at the email set forth below. Either party may from time to time
designate substitute addresses or person to whom such notices shall be sent. Unless
otherwise provided herein, all notice shall be effective upon receipt.
a . DRCOG's Representative:
Greg MacKinnon
Project Manager
DRCOG
1290 Broadway, Ste. 700
Denver, CO 80203
(303) 480-5633
gmackinnon@drcog.org
b. Contractor's Representative:
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Ladd Vestry
Project Manager
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110-2373
303•762-2511
lvostry@enqlewoodgov.org
8. PERSONNEL
The Contractor represents it will provide and secure the personnel required in Installing,
maintaining and operating the equipment listed in Exhibit A. All of the services required
hereunder will be performed by the Contractor or under its supervision, and all personnel
engaged in the work shall be fully qualified and shall be authorized under State and local
law to perform such services. Such personnel shall not be employees of or have any
contractual relationship with DRCOG. Any subcontracts entered Into by the Contractor
associated with this Contract shall Include a statement that the parties to the subcontract
understand that DRCOG is not obligated or liable in any manner to the subcontractor or for
the performance by the Contractor of its obligations under the subcontract.
9. TERMINATION
a. Funds not Available. The parties expressly recognize that the Contractor Is to be pa id,
reimbursed or otherwise compensated with federal and/or state funds which are
available to DRCOG for the Project. In the event that CM/AQ funds are not made
available to DRCOG per Recital A, this contract shall terminate immediately. Contractor
expressly understands and agrees that all of its rights , demands and claims to
compensation arising under this contract are contingent upon availability of such funds
to DRCOG.
b. Termination for Mutual Convenience. The parties may, with the concurrence of COOT,
terminate this contract if both parties agree that the equipment purchases specified in
Exhibit A would not produce beneficial results.
c. Termination of Contract for Cause. If through any cause, excluding force majeure, the
Contractor shall fall to fulfill in timely and proper manner its obligations under this
contract, or If the Contractor shall violate any of the covenants, agreements, or
stipulations of this contract, and has not corrected such breach within ten days of being
given notice by DRCOG, DRCOG shall thereupon have the right to terminate this
contract by giving written notice to the Contractor of such termination for cause, which
shall be effective upon receipt of the written notice.
In that event, DRCOG shall not be required to reimburse the Contractor for any
equipment purchases not yet billed to COOT, and Contractor shall be obligated to return
any payments previously received under the provisions of this contract. Notwithstanding
the above, the Contractor shall not be relieved of liability to DRCOG for any damages
sustained by DRCOG by virtue of any breach of the contract by the Contractor.
d. Termination for the Convenience of DRCOG. DRCOG may terminate this contract at
any time by giving written notice to the Contractor of such termination, which shall be
effective upon receipt of the written notice . If the contract is terminated by DRCOG as
provided herein, the Contractor shall be entitled to receive compensation for any
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equipment purchases made prior to the effective date of such termination, subject to
field verifications being completed to the satisfaction of DRCOG.
10. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Contractor agrees to comply with all federal and
state laws, rule, regulations, and orders regarding equal employment opportunity, Including
Executive Order 11256, "Equal Employment Opportunity," as amended by Executive Order
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
as supplemented by regulations at 41 CFR part 60. •Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.■
11. DISADVANTAGED BUSINESS ENTERPRISE
a. ~-In accordance with the regulations of the U.S. Department of Transportation
(DOT), 49 CFR Part 26, DRCOG will ensure that DBEs have an equal opportunity to
participate in the performance of contracts and subcontracts receiving DOT funding
assistance. Consequently, the DBE requirements of 49 CFR, Part 26 apply to this
agreement.
b. DBE Obligation . The Contractor and its subcontractors agree to ensure that DBEs as
determined by the Colorado Unified Certification Program have the maximum
opportunity to participate in the performance of contracts and subcontracts receiving
DOT funding assistance provided under this agreement. In this regard, the Contractor
and subcontractors shall take all necessary and reasonable steps in accordance with
this policy to ensure that DBEs have the maximum opportunity to compete for and
perform contracts. The contractor, subrecipient or subcontractor shall not discriminate
on the basis of race, color, national orig in, or sex In the performance of this contract
The contractor, subreclpient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performanc e of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may resu lt in the term ination of this contract or
such other remedy as DRCOG deems appropriate.
12. INTEREST OF MEMBERS OF DRCOG AND OTHERS
No officer1 member, or employee of DRCOG and no members of its governing body. and no
other public official of the governing body of the locality or localities in which the Project is
situated or being carried out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this Project, shall parti ci pate In any decision
relating to this contract which affects his personal interest or the interest of any corporation,
partnership, or association in which he is directly or indirectly interested or have any
personal or pecuniary interest. direct of indirect, in this contract or the proceeds thereof.
13. INTEREST OF THE CONTRACTOR
No officer, member, employee or agent of the Contractor or any other person who is
authorized to exercise any functions or responsibilities in co nnection with the negotiating,
review or approval of the undertaking or carrying out of any segment of the program
contemplated by this contract shall have any financial or other personal interest, direct or
indirect, in this contract or any subcontract thereunder. or in any real or personal property
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acquired therefore. Any person who shall Involuntarily acquire any such Incompatible or
conflicting personal interest shall immediately disclose his/her Interest to DRCOG In writing.
Thereafter (s}he shall not participate In any action affecting the program under this contract
unless DRCOG shall have determined that, In light of the personal interest disclosed, the
participation in such action would not be contrary to the public interest.
14. INDEMNIFICATION
The Contractor is an independent contractor and not an employee of ORCOG. As an
independent contractor, the Contractor is not entitled to workers' compensation benefits
except as may be provided by the Contractor nor to unemployment insurance benefits
unless unemployment compensation coverage Is provided by the Contractor or some other
entity. The Contractor is obligated to pay all applicable federal and state income tax on any
moneys earned or paid pursuant to this contract relationship. The parties agree that the
Contractor is free from the direction and control of DRCOG except such control as may be
required by any state or federal statute or regulation, and that DRCOG does not require the
Contractor to work exclusively for DRCOG; does not establish a quality standard for the
Contractor; does not provide training. or does not provide tools or benefits of performance
by the Contractor except through a completion schedule.
To the extent allowable by law, the Contractor shall indemnify, save and hold harmless
ORCOG, its officers, employees and agents, against any and all claims, damages, liability
and court awards, including all costs, expenses, and attorney fees incurred as a result of
any negligent act or omission of the Contractor, or its employees, agents, subcontractors or
assignees related to this contract. The Contractor shall include language similar to the
foregoing In any subcontract associated with this Contract, stating that the subcontractor
agrees to indemnify, save and hold harmless DRCOG for negligent acts or omissions of the
subcontractor, Its employees, agents, subcontractors, and assignees .
The Contractor, as a •public entity• within the meaning of the Colorado Governmental
Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA"), shall maintain at all time~
during the term of this contract such liability insurance, by commercial policy or self•
insurance, as is necessary to meet its liabilities under the GIA. The Contractor shall show
proof of such insurance satisfactory to DRCOG and COOT, if requested by DRCOG or
COOT.
15. FEDERAL REQUIREMENTS
The Contractor shall at all times during the execution of this contract strictly adhere to. and
comply with, all applicable federal and state laws, and their implementing regulations, as
they currently exist and may hereafter be amended, which are incorporated herein by this
reference as terms and conditions of this contract. The Contractor shall also require
compliance with these statutes and regulations in subcontract agreements associated with
this contract.
The Contractor agrees to abide by and follow all applicable federal and state guidelines
when expending any funds resulting from this contract. This includes, but is not limited to,
the Procurement Standards set forth in Subpart C of 0MB Circular A-110 and the applicable
provisions of the Federal Acquisition Regulation C'FAR"), together with any additions or
supplements thereto promulgated by the Funding Agency. Current regulations can be found
at http://www.acquisition.gov/far/.
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In addition, Contractor shall comply with all federal laws and regulations as may be
applicable to the Project, a list of which Is set out in the contract between ORCOG and
COOT and which list includes, without limitation, the following:
a. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,•
as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations (41 CFR Chapter 60) (all construction contracts
awarded In excess of $10,000 by grantees and their contractors or subgrantees).
b. The Copeland MAntl-Kickback• Act (18 U.S. C. 874) as supplemented In Department of
Labor regulations (29 CFR Part 3)(all contracts and subgrants for construction or repair).
c. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part S)(Construction contracts in excess of $2,000 awarded by
grantees and subgrantees when required by Federal grant program legislation. This Act
requires that all laborers and mechanics employed by contractors or sub-contractors to
work on construction projects financed by federal assistance must be paid wages not
less than those established far the locality of the project by the Secretary of Labor).
d. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327-330) as supplemented by Department of Labor regulations (29 CFR Part 5).
(Construction contracts awarded by grantees and subgrantees in excess of $2,000, and
in excess of $2,500 for other contracts which involve the employment of mechanics or
laborers).
e. Standards, orders, or requirements Issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts,
subcontracts, and subgrants of amounts In excess of $100,000).
f . Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan Issued In compliance with the Energy Polley and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
TO THE EXT ENT ALLOWABLE BY LAW, t he Contractor agrees to indemnify, save and hold
harmless, DRCOG, its officers, employees, agents , subcontractors, and assignees should
any applicable regulations not be followed.
16. CHANGES
Thi s co ntract is subject to such modification s as may be req uired by changes in federal or
state law, or their Implementing regulations. Any such required modification shall
automatically be incorporated into and be part of this contract on the effective date of such
change as if fully set forth herein. Except as provided above, no modification of this contract
shall be effective unless agreed to in writing by both parties in an amendment to this
contract that is properly executed and approved in accordance with applicable law. ·
17. GENERAL
This contract represents the entire agreement between the Contractor and DRCOG,
replacing and superseding any previous contract, oral or written, which may have existed
between the parties relating to the matters set forth herein . To the extent tha t this contract
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may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are severable, and should any
term or provision hereof be declared Invalid or become inoperative for any reason, such
Invalidity or failure shall not affect the validity of any other term or provision hereof.
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or
requirement, or of any other term, provision or requirement.
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may
require continued performance, compliance or effect beyond the termination date of the
contract shall survive such termination date and shall be enforceable by DRCOG as
provided herein In the event of such failure to perform or comply by Contractor.
18. CERTIFICATION FOR FEDERAL-AID CONTRACTS
For contracts that exceed $100,000, Contractor, by signing this contract, certifies to the best
of its knowledge and belief:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal loan, the entering Into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or Member of Congress, or an
employee of a Member of Congress In connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, •oisclosure Form to Report Lobbying,• in accordance with its instructions.
This certification Is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification Is a prerequisite
for making or entering Into this transaction Imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Contractor also agrees that it shall require that the language of this certification be Included
in all lower tier subcontracts, which exceed $100,000 and that all such subreciplents shall
certify and disclose accordingly.
19. DEBARMENT
By signing this contract, the Contractor certifies that neither it nor Its principals are presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any Federal department or agency.
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20. AUTHORITY
The undersigned signatories of Contractor represent that they have been duly authorized to •
execute this Agreement, have full power and authority to bind Contractor to the terms and
conditions hereof, and certify that their signatures below, whether handwritten, electronic, or
digital, are their own. Contractor further understand and agrees that no further certification
authority or third party verification is necessary to validate any electronic or digital signature
hereto and that the lack of such certification or verification will not in any way affect the
enforceability of the Agreement.
IN WITNESS WHEREOF, the parties have executed this contract on the ___ _
day of ___________ , 2014 and acknowledge that the signatures hereon,
whether handwritten, typed, electronic, or digital or submitted by facsimile or electronic mail, are
sufficient and legally binding.
By:
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
Jennifer Schaufele
Executive Director
ATTEST:
By:
Roxie Rensen
Administrative Officer
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CITY OF ENGLEWOOD
By: _____________ _
Print: __ B.,,.a ... o ..... a....,y~p,___p._.e;;;.Du..1D..,__ ___ _
Title: _----i;M:i..a:i..:1:~m.l,Jr;...._ _______ _
ATTEST:
By: ____________ _
Pri~: LQQS~ishia A Ellis
Title: --FC+i-+-1:...,.y....:.c+l•e..,l!,!tl,Jt-------
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EXHIBIT A
DRCOG SIGNAL EQUIPMENT PURCHASE
SCOPE OF SERVICES
The City of Englewood will purchase an upgraded traffic signal control system. The equipment
to be purchased and the locations for deployment consist of:
Location
Citywide
Anticipated notice to proceed
Procurement Complete and
Equipment Delivered
Installation Complete and
Invoicing Submitted
Equipment Estimated
Cost
Upgraded traffic signal control system
(x1)
Total Estimated Cost $129 000
Project Schedule
July 1, 2014
December 31, 2014
June 30, 2015
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EXHIBITB
DRCOG SIGNAL EQUIPMENT PURCHASE
SAMPLE NOTICE TO PROCEED
For Contract No. _____ _
Date: ________ _ DRCOG Project No.: ______ _
TO: CONSULTANT
ADDRESS
CITY, STATE ZIP
FROM:Greg MacKinnon 1 Project Manager, DRCOG
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Dear ____ _.
In accordance with Contract No. ______ between tt,e Denver Reglo_nal C9.~ncil of
Govemments and contractor's name rcontractqr"), t~t, letter ~~rves as your n(?tl~ to proceed
with the purchase of the traffic signal systeme equlptnent as described in the attached Exhibit A
(th "P . ct") ,, ~~-~. ·<t ·, I! ••• --e roJe . '· ·<:. .,,~ -~11 : ,_ ,_ :, b-\
,_..,. J ~. -:.~,~ -.s ... \ . {-:,;.·
' -~ ·""-" ;,. -·~ •••. ~. 1'
;he maximum amount payable ~y DR5.~1.~~~: the-~~:~~:~ent purchaie Y1ili be
~ ~ }. l~;: •r~ -~~~!:\
o• •· I(~~ • )1~ The Contractor will complete the Project bY: · -~:o.-. ~ £•it-._ •
,~})'·~ 'i-!\~ ·,.;f.i!i· --~.,
This Notice to Proceed is e~~~~-¼, ~u.~uari\ ii th ~ ~g}~al contract . The parties agree that the
Project shall be performed acco,t9jng t~.~~, ~t~_11~ards ;'p.,tocedu~s, and terms set forth In the
contract,. In the ev~nt of any conftf'1pr hici:Jn~J§tg~cy between this Notice to Proceed and the
contract, such confl!~ pr !nconslstelicy .shall be ~!!,9lved by reference to these documents In the
following order: conlract,··oonJract amendments, exhibits to the contract, notice to proceed
letter, exhibits to the afprerrientl9J1ed. ··ft-... '· ... ~.... 7..t : -1, i:,c: '"i~i-i.:
,. ~ I•. t· ._,,, •1!: ... .-t·1•i.._ ......
• • • ~-j•1,:,.i.. :I,.,~.~~ • • Attacheg hereto 1s a copy c;,f tht contr~a .between DRCOG and CDOT. which 1s Incorporated
herein ~nd made a part of th♦ contract. ·
.. ~~ !~. -·, ~ C ~:fl' . ~~-~-· ,· 1.; ;.~·:, .... _ ~~ . :,:.ii·. This Notice· to Proceed Is effective as of this _____ day of _______ 20_,
which also serves as tlie1 s~arf" date for the Project.
-~~
....... ;."!I
DENVER REGIONAL COUNCIL OF GOVERNMENTS
:~· -~~:: -~~
By: __________ _
Doug Rex
Director, Transportation Planning & Operations
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
June 16, 2014 9 a ii IGA with DRCOG for 2014 Traffic Signal System Equipment
Purchase
Initiated By: Staff Source:
Department of Public Works Rick Kahm, Director
Ladd Vostry, Traffic Engineer
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved Ordinances to enter into an agreement with the Denver Regional Council of
Governments (DRCOG) to allow DRCOG to reimburse the City of Englewood for 2004, 2005, 2007, 2008,
2009, 2010 and 2012 miscellaneous traffic signal equipment purchases.
RECOMMENDED ACTION
Staff requests that City Council adopt a Bill for an Ordinance to enter into an Intergovernmental Agreement
(IGA) with DRCOG for the 2014 Traffic Signal System Equipment Purchase program. This IGA will allow
DRCOG to reimburse the City of Englewood for the cost of traffic signal system equipment (to be purchased
by the City in 2014/1 5) in an amount up to $129,000 .
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Traffic Engineering Division of Public Works submitted an application to DRCOG to be considered for
traffic signal equipment purchases in the 2014 Traffic Signal System Equipment Purchase program. DRCOG,
responsible for administering this program, received U.S. Department of Transportation Congestion
Mitigation/Air Quality (CM/AQ) funds through the Colorado Department ofTransportation {COOT) to carry
out traffic signal system improvements and purchases in the Denver region. All applications were reviewed
and scored by DRCOG based on previously set criteria consistent with the adopted Traffic Signal System
Improvement Program (TSSIP). Englewood has been awarded up to $129,000 towards the purchase of the
traffic signal control system software to upgrade the existing icons software.
The upgrade of the existing icons system with the new advanced traffic signal system software will enhance
the functionality and efficiency in the traffic signal control along the city's major corridors.
FINANCIAL IMPACT
There are no financial obligations for the City other than providing funds up front for the traffic system
software purchases, which will be later reimbursed to the City. Adequate funds are available in the
Transportation System Upgrade account and will be credited back to this account with the reimbursement of
Federal funds by DRCOG.
LIST OF ATTACHMENTS
Bill for an Ordinance