HomeMy WebLinkAbout2012 Ordinance No. 059ORDINANCE NO.~
SERIES OF 7.017.
BY AUTHORJTY
COUNCIL Bil.L NO . 60
INTRODUCED HY COUNCIL
MEMBER WOODWARD
AN ORDLll!ANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (lGA)
ENTITLED "CO NTRACT BY Al\l) BETWEEN THE DENVER REGIONAL COUNCIL OF
GOVERNMENTS (DRCOG) AND THE CITY Of ENGLEWOOD" FOR REIMBURSEMENT
TO THE CITY OF ENGLEWOOD, COLORADO FOR TI-IE COSTS OF 2012 TRAFFIC
~IGNAL SYSTEM EQUIPMENT PURCHASE .
WHEREAS. tl1e Engkwood Ci1y Council previously approved Ordinances to emcr into
agreements with Denver Regional Council of Governments (DRCOG) to all ow DRCOG to
reimburse the Ci ty of Englewood for 2004, 2005, 2007, 2008, 2009 and 2010, miscellaneous traffic
signai cquipnuml purch;t!-.P.S ~ and
WHEREAS . DRCOG received U.S. Department of Transportation Congestion Mit iga tion/Air
Quality (CM/ AQ) funds through the Colorado· Pcpartmcm of Transportation (COOT) to carry out
traffic sib'11al system improvements and purchases in lhe Denver metropolitan region ; and
WHEREAS , DRCOG desires to cont-met with the City for the purchase of miscellaneous traffic
signal equipment consistent with the Traffic Signal System Equipment Purchase Program; and
WHEREAS. DR.COG is responsible for monitoring and administering this federal pr,,gram ; and
WHEREAS , the passage of thi s Ordinance authorizes the intergovernmental agreement allowing
DRCOG to reimburse the City of Englewood for the cost of traffic signal system equipment. which
will be purchased by the City in 2013, in an amount up to $29,000;
NOW . THEREFORE. BE IT ORDAINED BY TIIE crrv COUNCIL OF THE CffY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I. The City Council ofEnglewood, Colorado, hereby authorizes nn intergovemm~ntal
agreement (!GA) entitled "C~~trdct by and Bcr.,ecn the Denver Regional Council of Governments
(DRCOG) and the City of Enb -"(f·· for reimbursement 10 the City of Englewood. Colorado for
the cost of traffic signal system cq •.. .1u:nt, which will be purchased by the City in 2013 in au
amount up to $29,000, a copy of which is attached hereto os Exhibit I .
.Scuticm l ·111c Mayor is hereby authorized to sign nnd ·i hc Ci 1y Clerk to altcst r.aid
i11tcrgovl'rnmcntal ab,rccmtnt (JG.'\) entitled .. Con tract by :ind Dctwc::en the Denvl:r Rc~ional
Cu um.:il or Gllvt:nummls (DRCOG) anU llll" City or Eng lewood " for uml Ult b-.;hulr or the City ur
Eng \cwnotl
l111mduccd , read in fa ll , and passed on firnt rcaclm~ on the 19th day nf November, 2012.
Puhli ~hcd hy Title as ;.1 llill for an Orclirnrn cc :n th e C1ty'N ollkial 11cwsp:1pcr on thc :!Yc1 day of
November, 2012 .
l'ubli shcd us o Bill for ,111 Ordi11011cc on the C11y 's offi c io! website begi1111i11g 011 the 2i sl dny of
November, 20 12 for thirt y (30) days.
R~nd hy title and passed on final reading on the Jrd day of December, 2012.
Published by tillc in lhc City's officia l ncws1mper as Ordino ucc J\o g__, Series of 2012 , on
the 7th day of December, 2012 .
Puhli shc<l hy tillc on the City 's official we hsi :e he1iinnhe on the .i th clay of
Dccc mhcr , 2012 fo r thirt y (30) d ays .
I, Loucrishia A . Ellis, City Clerk of the Cit • 'Englewood , Colorado, hereby certify that the
above and foregoing is J:!tf:• copy of the Ordinance passed on final readin g and puhli shed by
"""'°""-No. 4' S<rio oC,O<> ~ ,;g
t Loucrishia A. Ellis
CONTRACT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
1290 Broadway, Suite 700
Denver, Colorado 80203-5606
("DRCOG")
and
CITY OF ENGLEWOOD
1000 Englewood Parkway
Englewood, Colorado 80110 -2373
("CONTRACTOR")
for
2012'TRAFFIC SIGNAL SYSTEM EQUIPMENT PURCHASE
Project Number : 543011 Contract Number: EX12016
RECITALS:
A . DRCOG has received U.S. Department of Transportation Congestion Mitigation/Air
Quality (CM/AQ) funds through the Colorado Department of Transportalion (COOT), to carry
out traffic signal system improvements and purchases in the Denver metropolitan region .
8 . Authority exists in lhe law and funds have been budget9d , appropriated, and otherwise
made available and a sufficient unencumbered balance thereof remains 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 th is contract and Exhibit A.
D. The Contractor agrees to comply with all applicable provisions of the contract between
DRCOG and COOT, which are incorporated herein by reference and made a part of lhis
corrtraci, as If fully set forth, in the monitoring and administration of this contract.
NOW , THEREFORE, it is hereby agreed that:
1. PURCHASE OF TtlE EQUIPMENT
a. General Requ irements. The Contractor shall adminlsler a:,~ µurchase the equipment
thal is described in the attached Exhibit A, which is made a part of this contract , in
accordance with Title 49, ?arts 18 and 19, as ~ppropriale, ol tho Code of Federal
Regulalions regarding unform administralive requirements for slate and local
governments and olher non-profit organizations .
b. Submissions of Proceedings Contr~r.t and Other Documents . The Contractor shall
submit to DRCOG all data , reports, records, contracts, and olher documents collected
and developed by the Contractor relating to the projecl as DRCOG may require . The
Ccnlraclor shall retain intact, for lhree years following proje ct closeout , all contract
do cu menls, financial records, and support ing documents .
c. Award oi Conlract. This r.ontract is awarded to the Contractor based upon the
Contractor's project application, which provides that the Contractor be responsible for all
e<penses as sociated with acquirin g , iMlalling, operating and malntainin9 the equipment,
excludin~ lhe aclual purchase cost of the equipm,mt. Contractor a grees Iha: Contractor
CtJSl.s for staff anc: sJbcontroctorc will not be reimbu rsah lP. as pa rt nf this contract
d . No DRCOG Obliuatiu11s tu Third Parties. D'lCOG cha ll nol be SUb)ect to any obligalinns
or llahillties to any p0rso11 11 ut a party to this contract in connection with the performance
of this project pursuant lo the provisions of this con tract without its specific wri tt en
consent. Neither the concurrence In, 01 approval of, the award of any contract or
subcontract or the sol icitation thereof nor any uthe, ilsl performed by DRC03 under tnis
contract constitutes such consent.
2. ACCOUNTING RECORDS
a. Accounts, The Contractor shall establish and maintain ~s a separate set ot accounts, or
as an integral part of its current a r.r.o un ling scheme, accounts for the equ iprient
purchases to assure that funds are expenrled and accounted for in a manner r.o nsistc,nt
with the requiremonts of this contract, the contr act hetwP.en DRCOG and COOT and all
applicitl>le federal and state fews , and their implementing regula tions.
b . Funds Received or Made Av allab!e . The Contractor ohall appropriately record in the
account all reimbursement payments received by it from DRCOG pursuant to th.is
contract.
c. Allowable Cost1;. Expenditu re s made by the Contractor shall be reirnbursal>le as
allowable costs to the extent they meet all of the requirements set forth below. Such
expenditures must:
1) Be made in conformimce with the description , budget, and all other provisions of this
contract.
2) Be necessary for the accomplishment of this contract, and reasonable ir. ii,.: amount
of goods and services provided.
3) Be actual net costs to Uie Cunt,actor (i .e ., price paid minus any refunds , rel>ates, or
other rtems of value received by Conbitclor that have the effect of reducing the cost
actually incurred).
4) Be incurred for equipment purchased only as described in Exhlbtt A , after the date of
th is contract.
5) Be treated uniformly and consistently under generally accepted accounting
principles .
G) Be in conformance with the standards for allowabillty of costs set forth in Office of
Management and Budgst Circulars No . A-122 or A-87, as appropriate, regarding
cost principles for nonprofit organizations and state and local governments
d. Document~tion of Costs. Invoices, contracts, and/or vouchers detailing the nature of the
charges shall support ell equipment purchase co sls 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 detall 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 ir 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 lnsoeclions. At any time during normal business hours and as often as
DRCOG, COOT and U.S. Deportment of Transportation (hAreinafter, "USDOT'). an:J/or
the Comptroller General of the United States may deem necessary, there shal l be made
available to DR COG, Cl)OT, 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 3nd the Contractor will permit DRCOG, CDOT, USDOT, and/or
representatives of the Comptroller General to audit, examine, and make excerpts or
transcripts from such records, and to make 3Udlts of ali contra cts, invoices, materi&ls,
payrolls, records of persomel, 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 December 31 , 2013.
4 . COST OF EQUIPMENT PURCHASES
The cost for equipment purchases In which federal funds are participating shall not exceed
Twenty-Nine Thousand Dollars ($29,000.00) as described in the Jltached Exhibit A.
The Contractor agrees to pruvide all installation , operation and maintenance of the purchased
equipment at its expense.
6. REQUEST FOR PAYMENT BY THE CONTRACTOR
a. Award. DRCOG shall reimburse the Contractor up lo Twenty-Nine Thousand Dollars
($29,000.00) for the purchase of traffic signal equipment as described In the attached
ExhibttA.
b. Payment. Payment shall be made on the followin11 basis : After receipt of u,~
equipment, the Contractor shall submit the invoice to the DRCOG Accounting
Department for reimbursement. DRCOG will incorporate the invoice into its next bill to
COOT. Upon receipt by DRCOG of payment from COOT and upon verification by
DRCOG Iha! the Contractor has installed the equipment and that !he equipment is
operating as intended, DRCOG will reimburse the Contractor for the amount of
allowable costs of the Contractor's invoir.e . It Is the Contmctor's sole responsibility to
install the equipment and contact DRCOG for f~ld verification prior to receiving
reimbursement .
6 . MANAGEMENT
o . DRCOG Represe ntativo. DR COG ha s dAsi gnat ad Grno MacKln nnn ,is lls
re prese nt ativ e who will coordinate mv~ws, app ro vals , and au t,rn~iza tions .
IJ . C ontract or's Represenl ativ(!. The Com roctor hos dcsig11nl0 0 Ladd Vostry as lls
represe ntative for this contract who sh a ll be respon sibl e for cmwdina llo n and liaiso n wit h
DFl COG on th e equipment purc hases ass~ciated wiU1 thi s ca nlract. If at any time a
c o ntra ctor re pre sentative Is not ;,ssig m,d fur th is co ntract, the C:o ntract or shall
Immediately notify DRCOG and work sh all be sus pe nded u ntil a re:irese,nlative has
b e~n as,ig ned who is acceptable to DRCOG.
c . B y si~ning this contract , the Contractor ce rtifies that nei ther It nor its principals are
presently debarred , suspended , proposed for debarment, declared ine l igiule or
vo!untarlly excluded from participation in this transaction by any F oderal department or
agAncy
7 . PERSONNEL
The Contractor re prese nts it will prnv irt e and secure the personnel required In installing ,
mainta ining and operating the equipment listed in F,x hlhit A. All of the se rvices required
hereunder will be perform ed by the Contractor or unde, It; supervision , and alt persnnnel
engaged In the work shall be fully quolified and shall be autho rized und er State and local law to
perfur Ill 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 shr.tl Include a statement t~at the pijl lit!S tu ·thB subcontract understand that DR COG
is not obll;;ated or liable in any m anner to the subcontractor or for lire µerformance by the
Contractor of its obligations under the subcontract.
8. i'ERMINATION
a. Funus nol Available. The parties expressly recogn ize lhat the Contractor Is to be paid,
reimbursed or otherwise compensated with federal and/or State funds which are
a vailable to DRCOG for the project In the event that CM/AQ funds are not made
available to DRCOG par 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 funcis
toDRCOG.
b. Termination for Mutual Conve nience . The parties may, with the concurrence of COOT.
terminate this contract if both ·parties agree that the equipment purchases ~pecilied in
Exhibit A would not produce bcnoficiol results.
c. T ermin ation of Cu11tra ct for Cau se. If through any < ,use, excluding force maj aure, the
C ontra cto r shall fall to fulfill in ti mely and pruµe,I manno r ils obligations under this
contract , or it the Contractor shall violate any of the co •1enants , ag raements, or
stipulations of this contract, and has not corrected s~ch breach within ten days or behg
given notice by DRCOG, DRCOG shall thereupon have the right to terminate this
ccntract by giving wr~ten notice 1o the Contractor of such termination for cause, wh ich
s hall be effective upon receipt of the written no'.ice.
In that event, DRCOG shall not be required to reimburse the Contractor for any
equipment purchas es not yet hilled 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 ~ relieved of liability to DRCOG for any damages
sustained by DRCOG by virtue of ~ny breach of the contract by the Contractor.
d. Termination {or the Conven ie,nce of DR COG . DRCOG may te, rninate this contract at
any time by giving written notice to th,. Contractor of such termination, which shall be
effective upon receipt of the ,.rrltt e. otice . If the contract is terminated by ORCOG as
prov ided herein , the Contra~.tor ::h _,, oe ent itled to receive compensation for any
equipment purchases mad e prior 10 the effective date of such termination , subject to
field verifications be ing completed to the sat isfaction of DRCOG .
S. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of th is contract, the Contractor agrees t~ comply with all federal and
state laws, rule, regulations , and orders regarding equal .. ,m, .,vn ,·,,.,. opportunity , Including
Executive Order 11256 , •1::qual Employment Opportunll :,: ·.: """' •d•1·:J by Execullve Order
11375, "Amending Executive Order 11246 Relating to EqL,r,: Emp,oyment Opportunity," ar.d as
supplemented uy rt1gulations at 41 CFR part 60, "Office ot i-ederal Contract Compliance
Pr ograms , Equal Employment Opportunity, Department of Labor .·
10 . DISADVANTAGED BUSINESS ENTERPRISE
a. Policy . DRCOG is committed to and has established a Disadvantaged 3usiness
Enterprise (DBE) program in accordance with the regulations of the U.S. Department of
Transportation (DOT), 49 CFR Part 26 . It Is the policy of DRCOG to ensure that DBEs ,
as defined in Part 26, have an equal opportunity to participate in the perfonmance of
contracts and subcontracts receiving DOT funding assistance, CrJ11sequently, the DBE
requirements of 49 CFR, Part 26 apply to this contract.
b. DBE Obligation . The Contractor and Its subcontractors agree to ensure that DBEs as
determined by the Office of Certification at the Colorado Department of Regulatory
Agencies have the maximum opportunity to participate In the performance of contracts
~nd subcontracts naceiving DDT funding assistance provided under this c:.,ntract. 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 co ntracts . The Contractor and their subcontractors shall not
discriminate on the basis of race, color, national origin, mental or physical handicap or
sex In the awaru and pertonnanoe of contracts and subcontracts re,ceiving DDT funding
assistance .
5
11 . INTEREST OF MEMBERS OF ORCOG AND OTHERS
No officer. member. or employee of ORCOG and no members of it s goveming body, a• ,t, r.o
oth er public official of the go'lcrnlng body of the locality or loca lilies in which the proje,,' .s
sitvated rn u~ing car ried out who e>ce rcise$ a,y furi ction::; or rc~ponr.i ihlldi eo in th e rcv ,~w or
approval of the u11ue1lttldng or carrying out of this p roject, shall participa te in any dcci ;:on
r3lating to this contra ct whi ch affects his pe,sonal interest or the inleresl of any co rpo"nti on,
partnersl11p, or association in which he is direc tly 01 indi1ecUy interested or have anv r,<-,: on a1 J I
pe cuniary 111teres t, rlirecl of indirect, in this ccntract or lhe pro~i,ed s tl1ere uf.
12. INTEREST OF THE CONTRACTOR
No offir.P.r, me mber. employee or agent of the Contractor or any ot ne; person who is authorized
to exercise any functio ns or responsibilities in connection with the nega'.iating, review or
approval of '.he ur 1derlaki110 or carrying out of any sr.gment of the prog ra m contemplated by th is
contr~ct shall have any financial or ~!her p?.rsonal interAsf, direcl or Indirect, in this contract Jr
any 3Ubcontraat thereunder, or in any real or personal prop?.rly acquired th erefore. Any person
who shall involuntarily acc11J ire any &uch incompatible or conflicting personal interest shall
immed iately disclose hiafoor Interest to DRCO G in writing. Thereafter (s)he shall not parti:ipate
In any action ,1ffecLi11g th " program under this contract unless DRCO G shall hove dalarrrilnod
that , 1n light of the pe rsonal Interest disclosed, the participation in such action would not be
contrary t~ the public Interest.
13. INDEMNIFICATION
The Contractor is an independent contractor and not an employee of D~COG. As an
indepP.ndent contractor, the Contractor is not entitled to workers' compensation benefits excep:
as may b e provided by the Contractor nor to unemployment Insurance benefits unless
unemployment compensation coverage Is provided by thA Contractor or some other entity. The
Contractor is obligated to pay all applicable federal and stale income tax on any monAys earned
or paid pursuan, to thi s contract relationship. The parties agree that the Contractor Is free from
tha direction and control of DRCOG except such control as may be required by an· state or
federal statute or regulation, and that DRCOG ci.:,es 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 hDld harmless DRCOG,
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 resu ll of any negligent
act or omission of th e r.nntrn cl or, or its employees , agents, subcontractors or assigndes related
to this contract. The Contr actor shall include language similar to the foregoing in any
subcontract a~~ocioted w ith this Contract, slating that. the sub contractor agme~ to indemnify,
save and hold harmless DRCOG for negligent acts or omi ss io ns 1t the subcontractor, Its
"mployees, agents , subcontractors , and assignees.
The Co ntractor, as a '"public entity" with in lhe meaning of the Colorado Governmental
Immunity Act, CRS §24 -10-101 , el seq., as amended (the "GIA"), shall mai•1tain at all times
during the term of this contract such llablli!y Insurance, by commercial policy or self-Insurance,
as is necessary to meet Hs liabilities under the GIA. The Contractor shall show proof of such
insurance satisfactory to DRCOG and COOT, If requested by DRCOG or COOT .
14. FEDERAL REQUIREMENTS
The ContrarJor ~hAII at all times during the execution of this contract str ictly 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 Co, !ractor agrees to abide by and fo llow all applicable federal and stale guidelines when
expending any funds r esulting from this contract. This include~. but Is not limited to, the
Procurement Standards set brth in Subpart C of 0MB Circular A-110 and the applicable
provisions of the Federal Acquis ition Regulation ("FAR"), together with any additions or
supplements thereto promulgAted by the Funding Agency. Current regulations can be found at
http://www .acquisllion .gov/far/.
In addition, Contractor shall comply with all federa l laws and regulations as may be applicable
to the project, a list of which is S<'t out at Exhibit J lo the contract between DRCOG and COOT
and which list includes, without limitation, the fr llowing :
a. Executive Order 11246 of September 24, 1965 entHled 'Cqual 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
aworded in excess of $10,000 by grantees and their contra:tors or subgrantees).
b. The Copeland "Anti-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 5)(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 pr ;eels financed by federal assistance must be paid wages not
less than those estabr :.hed for the localHy 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 0Apartment of Labor regulations (29 CFR Part 5).
(Construction contracts awarded by grantees and subgrantees in -excess of $2,000, and
,n excess of $2,500 for other contracts which involve the employment of mechanics or
:aborers).
e. Standards, orders, or requirements issued under section 306 of the r:1ean Air Act (42
U .S .C . 1857(h)), section 508 of the Clean Water Act (33 U.S .C. 1368), Exe~utive Order
11738, and Environmental Protection Agency regulations (40 CFR Pa rt 15) (cu11tracts,
subco ntracts, c.nd subgrants of amounts in excess of $100,000).
f. Mandatory standard , and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance vnth the Energy Policy and
Conservation A c: (Pub . L. 94 -16 3, 89 Stal. 87 1).
TO THE EXTENT ALLOWABLE BY LAW, the ContrAr.tor ag rees lo indemnify, save and hold
harmlor.c, DRCOG, Its officers, employees, agents, suhcnnlrnr.lors, 11nn ass;ignees ~hould any
,applicable rogulalions not be followed .
15. CHANGES
This contract Is subject lo such mJdilic.,tiu11s as rnay be reqaired by changes in federal or State
law, o c their implementing regulal\ons . Any ~ucli 1e4ui,~d rnadificatio11 shall aulomatically be
incorporatP.d into and be part of t~is contract on the effective date of such change us If fully set
forth herein . Excepl as provided above , no modification or this contract shall be effective unless
agreed to in writing by both parties in an amenclnient to this contract that is properly execuled
and approved i~ accordance with applicable law.
16. GENERAL
This contracl represents the 9ntire agreement hntwn en the Cnn l raclor and DRCOG, replacing
a~d sup-~rsoding any previ ous contract, oral or written, wh ich may h;,vP. e•i~tP.rl hHhveen the
partie s relating to the matters cat forth herein.
To the extent that this contract may be executed and perfornance of tho obligations of the
parties may be accomplished wit I ;in the Intent of the contract, the terr.is of this contract arc
severable, and should any term or provlslor; hereof be declared invalid or become inoperative
for any reason, such invalidity or failure shall not affect the validily of any other harrrr 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
rAquirement, or of any other .term , provision or requirement.
Notwithstanding anything herein to the contrary, the parties undP.rstand and agree that all terms
and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compllance or effect beyond the termination date of the contract shall
survive such termination date end shall be onforceoble by DRCOG as provided herein in the
event of sucl1 failure to perform or comply by Contractor.
17. CERTIFICATION FOR FEDERAL-AID CONTRACTS
For contracts that exceed $100,000, Contractor, by signing this contrnct, certifies trJ the best of
its knowledge and belief:
a . No Federal ;ippropriated funds have beP.n paid or will be paid , by or on behalf of th e
undersigned, lo any person for inflt1enc in[j or atlempling to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee o:
Congre5s, or nn employee of a Member of Congress in connection with the awarrling of
any r~deral loan , the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative a~reement.
b . If any funds other than Federal appropriated funds have IJ1:1en paid or will be paid to any
person for infl~encing or attempting to influence an officer or Member of Congress, u,
B
an employee of a Member of Congress In connection with this Federal contract, grant ,
loan , or cooperative agreement, the undcraigned sholl complete end submit Standard
F orm-LLL , "Disclosure Form to Report Lobbying,' in accordance with Its Instructions.
This certificati on is ~ mate,riaI representation of fact upon which reliance was placed when this
transa:tion wa o made or t •rniree into . Submis;ion of this certification is a prerequisite for
making or entering inlD this :, .. nsact;:,n imp osed by Section 1352 , Tille 31, U .S. Code. Any
person who fails to file the ra quired certmcatb n shall b~ subject to a civil penalty of not less
11,an $10,000 and no1 more thdn $1 fJO ,OiJO tor coch such failure .
Contractor also agrees ti >-at 11 shall requir~ t;,at the language of th is certlrication be Included In
al l lower tie r subcontracts , v-.h,r.h e>r;eed $1 J0.000 and that all such subrecipients shall ce:1ify
and disclose accordingly
IN WITNESS WHEREOF, the parties have executed this Agreement on the
day of_____ ----~2012 and acknowledge that electronic or di~
signatures hereto are the legally binding equivalent to handwritten signatures.
By :
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
Jennifer Sciiaufele
Executive Director
ATTEST:
By :
Roxie Rensen
Administrative Officer
CITY OF ENGLEWOOD
By:-----------Print: ____________ _
Title : ____________ _
r:,,EST:
By : __________ _
Print: ____________ _
Trtle: __________ _
EXHIBIT A
DRCOG SIGNAL EQUIPMENT PURCHASE
SCOPE OF SERVICES
T11e City of Englewood will purchase traffic signal equipment for l \s traffic signal system on
Oxford Streat and Dartmouth Avi,nue. The equipment t•J be purct1ased and the locations for
deployment consis' of :
Locauon i:'quipmenf--Estimated
Oxford Street and Navajo Streat 900 MHz spread spectrum Ethernet
Co~_t __
radios & antennas : and TS-2 Type 1
cabinet with ASC/3 controller and
UPS
l'x1,nd Street and Broadway 900 Mt~z spread spectru ,n Ethernet
radios & antennas
Dartmouth Avenue fr:im Zuni Street to 900 MHz s;,read soectrwn Ethernet .
Platte RivP.r Drive (3 locations) rad io s & antennas (x3): and Ethernet
switches (x2)
Tota l Estimated Cost si.,o_QQ__
10
COUNCIL COMMUNICATION
Date : Agenda Item: Subject:
November 19, 2012 9 a i IGAwith DRCOG for 2012 Traffi c Signa l System
Equipment Purchase ----
Init iated By: Staff Source:
Department of Publi c Wor,s Rick Kahm, Dir ector
_add Voslry. Tr affi c Endneer
.....
COL'NCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved Bills for an Ordinance to enter into an agreeri • 'h the Denv er Reg ional Council n<
Guvcrnroreuts IDRCOG) to •llow DRCOG 10 reimbu rse the Cily of En ,, ... ,,·,d fo r 2004, 2005, 2007, 2000.
2009, and 2010 miscellaneous traffic signal equipment purchases.
RECOMMENDED ACTION
Staff reques ts that City Cour.ci l adopt a Bill for an Ordin ance lo enter into an lnt ercovernmenlal Aerc ernent
1.IG A/ wllh th e DRCOG for the 20 12 Traffic Signal System Equi1,men1 Purchase program . Thi s IGA will allow
DR COG lo r~i 111Uun.~ th~ City uf E118lcwooJ fu, th~ Lu:.: uf haffk sig11 tsl sys te111 e4u ipment (lo be purchased by
,h e City in 20 13) in an amount u p to $29,000.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
Th e l rJftk Engi neerins Jivision of Public \-\lorks submitted an appl icat ion to DRCOG to be considered for traffi c
signal equipment purchases in the 20 12 T1affi c Signal Sys tem Equ ipment Purchase program. ORCOG,
·esponsible for adminis1ering thi s program , received U.S. D epartment of Transportali on Congeslion
.\-litiga tion/A ir Quality (CM/AQ) fund s through the Colorado Department of Transp ortation (CDOT ) lo ca rry out
traffic signa l ;,i~s,em improvem ents and pur chases in the D enve r region . All applications were reviewed arid
scored hy DR CO C hased on previnu sly se t crit eria mr,;istenl with th e adopted Traffi c Signal System
Impr ovement Prograrn iTSSIP). Englewood has been awarded up to $29,000 towards th e purchase o f t,affic
signJI equipmenr , which inc\,des a frame signa l cabinet wi th ASC /3 controller , unint ••r~up•able power supply
:uPS). and Ethernet rad ,os and switr~es.
The Trilffic Si~nal System Eq ~1ipment Purchase pro~ram rovers equipm ent purchases only, with eq uipm ent
installation being completed b , City for ces . These improvemen ts wi ll enh,1nce th e fun ctio nality and efficiency of
th e tra"ic cont ro l along th e Da 1m ou th cor rid o r (wes t of San ta Fe 1, and at th e Oxford and Nava jo,Winderme,e
1nterst.~lion .
FINANCIAL IMPACT
Then• .1re nn fin and.1 1 nl,l;ga li nns frir 11-u~ Cil y -,1hPr th;1 n provirling funds up front fo, th e equipmerll purchases,
which are lat er rcimbt1rsed lo the City . Adequate funds are available in the Transportati on Sys tem Upgrade
acc ou nt and will b e credited back to thi s acco 1,nt with the reimbursement of redcra l funds by DRCOG.
LIST Of ArlACHMtNIS
Sill for an Ordinance
Contract (IGA ) between DRCOG a~d City of hglewood