HomeMy WebLinkAbout2010 Ordinance No. 002•
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ORDINANCE 0. :Z.
SER I E OF 2009 2~
CONTHA <..J N J.-J..()J'l>
BY AUTI JORI rY
CO U I I L Fl!LI NU. 56
I NT\O DU ED 13Y O NC'IL
M 6,v: IJE R: W!LSO
AN ORDI NANCE A J>PR OV I GA I NTER OV i,R •JENT AL AGREEMENT (!GA}
ENTITLED ··CONTRACT BY AND BETWEEN TI I E DE, VER ItEG IONAL COU CI L OF
GOVER MENT5 (DRCOG)" F R REIMI3 lJ RSEMENTTOTIIE C ITY O F E GLE\VO D.
COLORADO FO R T I I E COS T S OF 200 9 TRAFFIC' SIGNA L SYSTEM EQU I PM ENT
PU RCILAS E.
WH EREAS, the Eng lewood Ci ty Council pre vious ly np pro vcd Ordirnn c';s to ent er int o
agrcc mcnt s wi th Denv er Re gional Co uncil of Governm en ts (DR OG) to nll ow DRCOG 10
rei mbu rse th e City of Englewood fo r 2004. 2005 . 200 7 and 2008 mi scellaneous traffic signa l
eq uipm en t purchas es; and
\V I IEREAS. DR COG received U.S. Dcpnnm c111 of Trnn s ponati on Conges ti on Mitignt ion//\ir
Qua lit y (CMIAQ ) f1111d s th ro ugh the Co lorad o Department o f Trnnsponatio n (COOT) to ca rry out
traffi c Mg nal system impro ve ment s and purcha ses in th e Dc1wcr mctropohtrm reg ion : and
\\'l lEREAS. DR COG desire s 10 co ntra ct wtth the Cny for Mc purcha se of m1 sc d l,111cC'u s traffic
signal eq uipme nt co 11sis1cn l wi th thc Trnfli c Sig nal Sy:-.l t.:111 l1111 1nwc11 1t.:111 Pro gram: :md
\V I IEREAS. the Cit y of E.nµli .:w<hld submitted an :tppli ca1 ,on to DR C'Oli fo r thc 2009 Tr:1rti c
Si gnal System Equip ment Purcha sc Progrn m. and
\V I-IEREAS . DRCOG is respo nsi ble for monitonn g am! adm111 :s tenng this Fcdl!1 al progra m: nnd
\V I 11 :R.E AS. th e passage (If thi s Ordin:m cc authottlcs the 111t l!rgnv crnmc11 ta\ ngrcc1m:111 a\lcm 111g
l)Rl'OG to rl'imbursc the City o f EnglcwooJ for the i.:os t or trn lfo..: sign al sys tem cquip1 m:11t. whi ch
will he purdrn scd by thc City in ::!010. for nn amo1 111t up to $17.000:
NO W. rJIER EFORF .11F ITORDA INFJ)JlYTill-<'II Yl'O 1 1CII 0 1 J'llt C'lTY OJ'
I•Nc ;u -wooD. ('(J J O RA DO. AS FO i J,OWS :
Section I rlu:: Cit~ Councii ~1r h1 glew1,nd , l'oh11.1d o. hcichy ,1111h11n1.cs . 1 111tcrgc\\cnm11;11tal
.ig.rcc nH.'.lll (l<.,A) c111t1lcd "Cont ra c1 h) :1ml lkt\\CCII th e Dcll\cr lli.:g1onal (\nmctl ofCilncrnmcnl~
(llRt'OC , )" rnr 1c1mhur~cmc11 1 1(1 the l 'ny ,11' l-!1 gh.·,\n11d. Colnr:1d o fo 1 the cost of 1r:1 f"li L· s1gn:d
sysH·m c~111 1p111c 111 . ,duch will ht.· purd,a..,cd hy thL· l '1 1y 111 :!0 I 0. lor an amc1 u111 up lo S 17,000. a
co p) o f wl11 ch 1s aw1c hcd hereto a~ l:xh1h11 I
Section 2. The Ma yo r is hereby ou th orized to sign and th e Cit y Clerk to ottest said
intergovernment al agreement (JOA) entitled "Co ntract by ond Bet ween the Denver Regional
Co uncil of Governments (DRCOG) and the Cit y of Englewood " for and on behalf of th e City of
Eng lewood.
introd uced , read in full , and pa ssed on first rea di ng on the 2 I• day of December, 2009.
Publi shed as a Bill for an Ordinance in th e Ci ty's official newspaper on the 25'' doy of December,
2009 .
Publi shed as o Bill for an Ordinonce on the City's officia l websit e begi m,i ng on the 23 rd ciay of
December, 2009 fo r thirt y (30) da ys.
Read by title and pa ssed on final reading on th e 4th day of Jnnuory, 20 I 0.
Published by titl e in the City 's offici.'.I newspoper os Ordin ance No . 6., Series of
2009 /20 10, on the 8th da y of January, 2010.
Published by title on the City 's officio) web site beginning on the 6th day of
Jan uary, 20 10 for thirty (30) days .
I, Loucrishio A. Ellis, City Clerk of th e City of Englewood, Co lorado, hereby ce rtify that th e
above and foregoing is oJruc co py of the Ordinance pas sed on fina l eading and publi shed by
title as Ordinance No. d::,_, Series of 20 09 /20 I 0.
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CONTRACT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
1290 Broadway, Suite 700
Denver, CO 80203-5606
("DRCOn")
and
CITY OF ENGLEWOOD
1000 Englewood Parkway
Englewood, CO 80110-2373
("CONTRACTOR")
for
2009 TRAFFIC SIGNAL SYSTEM EQUIPMENT PURCHASE
Project Number: 543009 Contract Number. EX09073
RECITALS.
A. DRCOG has received U.S. Department of Transportation Congestion Mitigation/Air
Qui; (CM/AQ) funds th r ti the Colorado Department of Transportation (CDIJT), to carry out
traffic s.gnal system improse rne nts and purchases in the Denser metropolitan region .
B. Authority exists In the law and funds have been budgete ~. appropriated , and otherwise
made available and a sufficient unencumbered balance thereof rnmalns available for payment.
C. DRCOG desires to engage the Contractor for the purchase of miscel laneous traffi c
signal equipme,,t cons istent with the adopted Traffic Signal System Improve nent Program
fu, lher described in this contract and Exhibit A.
D. The Cor.tractor agrees to comply with all releva nt provis ions of the contract betwee n
DRCOG and COOT, incorporated herei n by reference and mad e a part of this w otract, as if fully
set forth , in the monitoring and ad inistration of this contract.
NOW , THEREFORE, it is hereby ag reed that:
1. PURCHASE OF THE EQUIPMENT
~-General Req ui reme nts . The Contractor shall admin ister and purchase the equ ipment as
dep icted in atta ched Exhibit A, which ls made a part or th is contract , in accorda nce with
nue 49 , Parts 18 and 19, as appropriate, of th e Cod e of Federal Reg ulat io ns regarding
uniform admin istrative requirem ents for state and local governments and other non-profit
organizations .
b. Submissions of Proceedings Contra ct. and Other Documents . The Contractor shall
subm it to DRCOG all da :~. reports , records , co ntra cts, and oth er docume nts co llecie d
and developed by the Contractor relating to the project as DRCOG may req uire . The
Con tra ctor sha ll reta in Intact , for three years follow lng project closeout, all co ntract
c lcuments, financial records , and su pport ing documents .
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c. [\¥,'~~-This contract is awarded to the Contracto r based upon the
Contractr.,r's project application , wh ich provides that the Contractor be responsible for all
expensaf. associated with acquiring, Ins ta lling, operating and maintaining the equipment,
excludl11~, the actual purchase cost of the equipment. Contractor agrees that Contractor
staff and subcontractors engaged In such will not be reimbursable as part of this
agreemen t.
d. No DRCOG Obligations to )'hird Parties . DRCOG shall not be subject to any obligations
or l!abl!i!ies 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, or ap proval of, the award of any contract or
subcontract or the solicitation thereof nor any other act performed by DRCOG under this
contract constitutes such consent.
2. ACCOUNTING RECORDS
a. ~-The Contractor shall establish and maintain as a separate set of accn unts, 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 this contract's agreements and objectives.
b. Funds Receiyed or Made Available . The Contractor •hall ~ppropriately record In the
account all reimbursement payments rec eived by It from DRCOG pursuant to this
contract.
c. Allowable Costs . Expend iture s mad e 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) Be made in conformance with the description , budget, and all other provisions of this
contract.
2) Be necessary for the accomplishment of this contract , and reasonabl e in the amour ..
of goods and services provid ed.
3) Be actual net costs to the Contra ctor {i.e., price pa id minus any refunds , rebates , or
other items ot value received by Contractor that hav e th e effe ct of redu cing th e cos t
ac tuall y Incurred).
4) Be in curred for equ ipm ent purchased only as de scri bed in Exhibit A, after th e date of
this contra ct.
5) Be tre ated un ifo rmly and co nsistently und er generall y acce pted accounting
prin ci pl es.
6) Be in conformance with th e standards fo r allowabllity of costs set forth In Office of
Management and Budget Circulars No . A-122 or A-87, as appropriate, regard ing cost
principles for nonprofit organizations and state and loC3I gove mine nts.
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d. Docu mentatio n of Costs. Inv oices, co nt racts , and/or vo uchers de tailing the nature of th e •
charge s shall support all equipm ent purchase cos ts charg ed to th is contract.
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e. Checks Orders and Vo uchers . Any check or order drawn up by th e Contractor with
respect to any it em which is or will be chargeable agains t this con tract will be drawn only
in accordance with a properly signed vouc her th en on file in the office of th e Contractor.
whic h wi ll detail the purpose fo r which said check or order is dra wn. All checks, payrolls,
invoices, co ntra cts, vo uche rs. orders , or ot her accounting docu ments pertaining in whole
or in pa rt to the project sha ll be clearly identified , readily ac.::ess lbl e, and, to the ex tent
feas ible, kept separa te. and apart from all oth er such dor.uments.
Aud its and In spectio ns. At any time during normal business hours and as oft en as
DRCOG, CDOT and U.S. Depa rtm ent of Transportation (hereinafter, "USDOT"). and /o r
th e Comptroller General of the United States may deem necessary, there sha ll be made
availabl e to DRCOG, CDOT, USDOT and /or representatives of the Comptroller General
for exam ination , all records with respect to all matters cove red by this contract and th e
Contra ctor will per mit DRCOG, CDOT. USDOT. and/or re pres entatives of I.he Comptroller
GenP•. ·1 to audit, examine, and make excerpts or transcripts from such reco rd s, and to
mak dis of all co ntracts, invoices. material s, payro lls , reco rds of personnel,
co nditions of emp loyment and oth er data rel ati ng to all matters cove red by this cont rac t.
3. TIME OF PERFORMANCE
This co ntract shall comme nce upon e,ecuti on and sha ll expire Dece mber 31, 2010 .
4. COST OF EQUIPM ENT PUR CHA SES
The cost for equipmen t purchases in which fede ral funds are participating shall no t exceed
Seven teen Thous and Dollars (S17 000) as desc ri bed in th e atta ched Scope of Servi ces .
The Coo,tractor ag rees to provide all installat io n, operation and maintenan ce of the purchased
equi pm en t at its expen s~.
5. REQU EST FOR PAYME NT BY TH E CONT RACTOR
a . Awa rd. DRCO G shall rei mbur se the Con trac tor up to Seve nteen Thousand Dollars
($17,000) for th e purchase of traffic sig nal eq uipment as described in the attach ed
Sco pe of Services.
b. ~-Payment shall be made on th e fo ll owing basis : Aft er re ce ipt of th e equipmen t.
th e Contractor sha ll submit the invoi ce to th e DRCO G Accounting Department for
reimbursement. DRCOG will in corporo te the invoice in to its nex t bi ll to CDOT. Upo n
receip t of pay men t from CDOT by DRCOG and upon verifi cati on by DR COG th at the
Co ntrac tor has insta lle d th e eqcipmen t and tn at the eq uipm en t Is opera ting as in tend ed .
DRCO G wil l reimhurse th e Co ntr~ctor for th e amount of all owable cos ts of the
Cont rac tor 's invoice. It is th e Con:ra ctor's so le rnspo nsibi lity to in stall th e eq uipm ent and
co nta ct DRC OG for fie ld verification prior to receiv iny reimbursement.
6. MAfll AGEMENT
a. DRCOG Representative. DRCOG has designated Greg MacKlnnon as Its
representative who will coordinate reviews, approvals, and authorizations .
b. Co ntra cto~s Represen tative. The Contractor ha s desl g1 ,ated Ladd Vostry as Its
representative for this contract who shall be respons ible for coordination and liaison with
DRCOG on the equipment purchases associated with this contract. If at any time a
contractor representative Is not assigned for this contract, the Contra ctor shall
Immediately notify DRCOG and work shall be suspende d until a representative has been
assigned who Is acceptable to DRCOG.
c. By signing thi s agreement , the Contractor also rep msents that its organization and its
principals are not suspend ed or debarred per Federa l requirement·
7. PERSONNEL
The Contra ctor represents It will provide and secure the personnel required in installin g,
mainta ining and operating the equipment listed In E:xhlblt A. All of the services required
hereun der will bu performed by th e Contractor or under Its supervision, and all personnel
engaged In the wo rk 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 co ntractual
relationship with DRCOG. Any subcontract;, entered In to 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 ,n any manner to th e subcontractor or for the pe rformance by the
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Contractor of its obligations und er th e subcont ract. •
8. TERMINATION
a. Funds not Available . The parties expressly recognize that the Contractor Is to be paid ,
rei mburs ed or otherwise co mp ensated with federal and/or State funds which are
available to DRCOG for the project. In the event that CM/ACi funds are not 'llade
available to DRCOG per Recital A, this Agreement shall terminate Immedia tely.
Contractor expressly und erstands and agrees thal all of its rightr., demands and clai ms
to co mpen satio n arising under this contract are conti ng ent upon availab ility of such
funds to DRCOG.
b. Termination for Mutu al Convenience . The partie s may, with the co ncurrence of COOT,
terminate this agreement if both parties ag ree that the equipment purchas ,~s specified In
Exhibit A wou ld not produ ce benefic ia l resu lts .
c. Tem1inatlon of Contract for Cause. If through any cause, exc ludi ng force n,ajeure , ihe
Contractor shall fall to fulfill in timely and proper manner Its obligations under thi s
co nt mct , or if the Co ntra ctor shall violate any of the covenants, agreements, or
stipulatio ns of this contra ct, and has not corrected such breach within ten days of being
given notice by DRCOG, DRCOG shall thereupon have the right to terminate thi s
co ntra ct by giv ing writt en notice to the Contractor of su ch termination fo r cause, which
sha ll be effective upon receipt of th e written notice .
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Ir. that event, DRCOG shall not be required to reimburse the Contractor for any
equipment purchases not yet billed to COOT, and Contractor shall be o.iligated to return
any payments previously received under th e provisions of this contract. Notwithstanding
the above, the Contractor sha ll not be relieved of liability to DRCOG for any damages
sustai ned by DRCOG by virtue of any breach of th e contract by th e Contractor.
d. Termfnatlon for the Convenience of DRCOG. DRCOG may tenml nate th is contract at
any time by giving written notice to the Contractor of such tenmlnatlon, whic h shall be
effective upon receipt of th e written notice. If th& contract is tenminated by DRCOG as
prov ide d herein, th e Contractor shall be entitl ed to receive compensation fo r any
equipment purchase s made prior to the effective date of such tenmlnatlon , subject to
field verifications being completed to the satisfaction of DRCOG.
9. EQUAL EMPLOYMENT OPPORTUNITY
During the perfonmance of this contract, the Contractor agrees to co mpl y with all federal and
state laws , rule, regu latio ns , and ord ers regarding equal employment opportunity, Including
Executive Order 11256, "Equal Employment Opportunity ." as amended by Executive Order
11375, • Amending Exec utive Order 11246 Relating to Equal Employment Opportunity ." and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs , Equal Employme nt Opportunity. Department of Labor ."
10. DISADVANTAGED BUSINESS ENTERPRISE
a. f:'.Q!lgy . DRCOG Is committed to and ha s establis hed a Disadvantaged Bus lne!.S
En,9rprlse (DBE) program In accordance with th e reg ulations of the U.S. Department of
Tranuportation (DOT). 49 CFR Part 26. II is the policy of DRCOG to ensure that DBE s.
as defi ned In Part 26, ha ve an eq ual opportunity to participate In the performance of
con trac ts an d subcontracts receiving DOT funding assistance . Co nseq uently, the DBE
requireme nts of 49 CFR , Part 26 apply to thi s agreement.
b. DBE Obligation . The Co ntractor and Its subcontractors agree to ens ure th at DBEs as
determi ned by th e Office of Certification at the Colo ra do Depa rtment of Regulatory
Ag encies have th e maximum opportunity to participat e In the perfo rman ce of co ntracts
and subcont racts receivi ng DOT funding assistance provided under this agreement. In
this rega :d, the Co ntra ctor and subcontractors shall take all necessa ry and reasonable
steps in accorda nce wit h this policy to ens ure that DBEs have the max imum opportunity
to compete fo r and perform co ntracts . The Contractor and th ei r subco ntractors shall not
discriminate on the basis of ra ce , co lor, natio nal ori gi n 01 sex in th e awa rd and
performa nce of cont racts and subcontracts receiving DOT fund ing assistan ce.
11 . PROHIBITION AGAINST HIRING ILLEGAL ALIENS [NOT APPLICABL o: TO
INTERGOVERNMENTAL AGREEMENTS].
The Con tractor shall not knowingly employ or contract with an illeg~I a1len to perform work
und er this co ntra ct. Contractor shall not enter Into a contract with a subcontractor that fai ls to
certify to th e Contracto r th at the subcontracto r shall not knowingly emp loy or co ntract with an
Illegal alien to perform work under this contract.
Contrac tor will participate in ei ther th e E-verify program or the Department program, ~s defined •
in C.R.S . § § 8-17 .5-10 ·1 (3 .3) and 8-17.5-101 (3 .7). respectively, in order to confi rm th e
employment elig ibil ity of all employees who are newly hired for employment to perform work
unde r th e public con tract for serv ices . Con tracto r Is prohibited from using th e E-,erify prog ra m
or the Depa rtm en t program procedures to undertake pre-employment scree ning o f job
applicants whUe this cont ract is beina perf,xmert .
If Contra ctor ob tains actual knowledge that a subcontractor performing work under this co ntract
for services knowing ly employs or contracts with an illegal a lien . Contraclor shall :
a. Notify lhe subco ntractor and DRCOG wit, ·n three days thal th e Con trac tor ha s actu a l
knowledge that :he subcontractor is employing or cont rac ti ng with an illegal alien ; and
b. Te rmin ate th e sub contract wilh the subcontractor if within three days o f receiving th e
noti ce re~uired pursuant to th is parag raph th e subcontrac tor does not stop employing or
contrac ting with the ill ega l alien; except that thP. Co ntractor shall not terminate the
contract with th e subco ntractor if during such three days th e subco ntractor provides
info rmati on to establish that the subcontractor has not knowingly empl o·1ed or r •·,:.
wi th ~, illegal alien .
Contractor shall , amply with any reasonable req uest by the Dopartmen: of cc o<i r and
Emp loyme nl ma de in the course of an invesligalion thot 11,e Department is :·11de rtaking pursuant
'.J the au th o rity establis hed in C .R.S . § 8-17 .5-102(5).
If Con tra cto r viol a tes a pro v:sion of this ContrJct required pursuanl to C.P .S § 8 -17 .5-102.
DRCOG may termi nate the contract for breach c f con tract. If th e co nlrac· I, so te rm inated, th e
Con tractor shall be liable fo r actual and co nsequenti al damage, lo DRC (Jl j •
12 . INTEREST OF MEMBERS OF DR COG AND OTHERS
No offi cer, member, or emphyee of DRCOG and no members of its gove rnin g body, and no
other public offi c ial of the governing body of th e loca lity or locali ties in whi ch l he project is
situate d or being carried ou t who exercises any fu ncti on s or re spon sibi liti es in the rev iew or
approval o f the undert aking or c mying out of this project, sha ll pa rti cipa te in an y decision
rel atin g to th is co ntract whi ch affecls his person al int erest or th e interesl of any corpo ra ti c n ,
partnership, or assoc ia ti on 1n wh ic h he is di rec tly or indirec tl y in terested or hav e any pe rsona l or
pe cuni ary interest. direc l o f indirec t, in thi s contra ct o r the proc eeds th ereof.
13, INTEREST OF THE CO NTRACTO R
No office r, memb er, emp loyee or agent of the Co ntr ac tor or any oth er p rson who 1s aut11 onzcd
to exorcise any func ti ons or respo nsib iliti es in conn ecti on wit h tho ncg ol 1dting . re vie w or
ap prov al o f lhe und erl aking or ca rry ing out o f rn1y sog 111 nt o f the proq,am co nte mplr.l ecf by Ihm
co 11 tra ct shall have any r.n a11 cial or other pe rso na l int er I , di rec t or 1nd1roct, ,n thi s contract or
any subcontrac t th e reund e r, or in any rea l or pe rso nal prop rt y acquired th ere fo re . An y person
who shall in vo lunt arily acqu tre any such mcornpatib le or co nfli cting perso nal int erest sr1 all
imm ed iate ly disciose his/he r int e res t to :JRCOG in writing , Therea ft e r (s )h e sha ll no t pa rti c ipa te
in any action affectin g the prog ram under this cnnlracl un less DRCOG shall have de le rrnin e d
lhal. in light of th e personal int eres t cf isc lose d , th e participation in such acti o 1 would not be
con trary lo th e pu blic int erest.
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The Contractor I., an independent contractor and not an employee of DRCOG. As an
Independent contractor, the Contrac,:~ 1, not entitled to workers' compensation benefits except
as mey be provided by the Contractor nor to unemployment Insura nce benefits unless
unemployment co mpensation coverage is provided by the Contractor 0r some other enti ty. The
Contractor Is obligated to pay all applicable federal end state Inco me lax on any moneys earned
or paid pursuant to th is contract relationship . The parties agree that th ~ Contractor Is free from
the direction and control of DRCOG except such control as may be req uired by any state or
federal statute or regulation , and that DRCOG does not re quire the Cuntractor to work
exclusively for DRCOG; does not establish a quality standard for the Contractor; does not
provide training, or does not prov ide tools or t>anefits of performance by the Contractor except
through a completion schedule.
To th e extent allowable by law, the Contractor shall Indemn ify, save and hold harmless DR COG.
its officers, emp loyees and a1 1ents, aga inst any and all c;lei ms , dam a9os , liability and court
awards, including ,.1, costs, expenses , and attorney fee ~ in curred as a re;Jit of uny neglig ent act
or omission of the Contractor, or its employees, agents , sut>co ntra,;tors or assignees related to
this contract. The Contractor shall include languag e similar to the foregoing in any sut>contract
associated with this Contract , stating that the subco ntractor agrees to Indemnify, sav e an d hold
harmless DRCOG for negligent acts or omissions of the subcontractor, Its employees, agents ,
subco ntractors , and assignees .
15. FEDERAL REQUIREMENTS
The Contractor shall at all tim es during the exec ution of this contract strictly adh ere to, and
comply with , all applicable federa l and state laws , and th ei r Implementin g reg ulation ~, as they
currently exis t and may hereafter be amended, which are Incorporated herein by th is referen ce
as terms and conditions of this contract. The Contrac tor shall also require compllan,:e with
the se sMutes and regulations in subco ntra ct ag ree ments associated with this Cont ract.
The Contractor agrees to abide by and follow all applicab le fed eral and state guidelines whee
expending any funds resulting frnm this contra ct. This includes , but is not li mited to, th 6
Procurement Standards set forth in Subpart C of 0MB Circular A-110 an d th e app'ica ble
provisions of the Fede ral Acquisiti on Regulation ("FAR"), tog ethe r with any additions or
suppl ements thereto prom ulgate d by th e Fun ding Agen cy. Current regulation s can be found at
http ://www .arnet .gov/farl.
In addi tion, Contractor shall co ,ply with the followi ng fed eral laws and regul ations as may be
applicable to the project:
a. The Copeland "Anti-Kickback" Act (18 U.S. C. 874 ) as supp lem en ted in Departm ent of
Labor regu lations (29 CFR P~rt 3)(a ll contracts and subgrants for cons truction or repair).
b. The Davis-Ba co n Act (40 U.S.C. 276a to a-7) as supp lemen ted by Department of Labor
reg ulation s (29 CFR Part 5) (Construction co nt racts In excess of $2 ,000 awarded by
grantees and subgra nte es when requi red by Federal grant program leg islation ,
This Act requires l~al all laborers and mechanics e mpl oyed by co ntractors o r sub-contra cto rs to •
wo rk o n co nstruction projects finan ced by federa l assistan ce must be paid wages not less than
th ose establish ed for the locality o f the project by the Se cretary of Labo r).
a . Sections 103 and 107 of the Co ntract Work Hours and Safety Sta ndards Act (40 U.S .C .
327 -330) as supple men ted by Departm ent of Labor regu lations (29 C FR Part 5).
(Construction contracts awa rd ed by grantees and subgrantees In excess of $2,000 , and
in excess of S2,500 for othe r con tracts whi ch involve th e employment of mechanics o r
laborers).
b . Sta ndards, orders , or requirements issued under se ctio n 306 of th e Clean Air Act (42
U.S.C . 1857(h)), sectio n 508 of th e Clea n Wale r Act (33 U .S.C. 1368), Executive Order
11738, a nd Envi ro nme ntal Protection Age ncy regul ations (40 CFR Part 15) (contracts,
subcontracts, and subgra nts of amounts in excess of $100 ,000).
TO THE EXTENT AL LOWABLE BY LAW , th e Contractor ag rees l o in demnify, sav e a nd hold
harmless, DRCOG, its officers, employees , agents , subco nt rac tors , and assig nees s hould any
applicabl e regulations not be followed .
16.CHANGE::.
This contract is subject lo such modifi cations as may be requi red by chang es in federa l • State
law, o r th ei r impleme nting regulations . Any such req uired modification sha ll automatically be
in co rporated into and be pa rt of th is contract o n th e effective dale of such c hange as if full y set
forth herein. Excep t as provided above . no modi fi ca ti on of th is co nlract shall be effective unless
ag reed to in writing by both parties in an a mendment to thi s co ntract tr 31 is properly executed
and approved in acc ordance wi th a pp lica bl e iaw. •
17. GENERAL
By si gning thi s agree me nt , th e Contracto r represents that it s organizati on and its pr in cipals a re
no t suspended or debarred per Federal req uirem e nts.
This contra ct represe nt s the entire agre e ment between th e Co ntrac tor and DRCO G, re placing
a nd superseding any pre vio us co ntrac t, oral or written , wh ich may have ex isted be tween the
pa rt ie s relatin g l o the matters se t fo rth herein .
To th e ex te nt th at this contrac t may be executed and perfo rm ance of th e obl igati ons o f th e
pa rt ie s may be ac co mplis hed with in the int e nt of th e co ntract, the term s of thi s co nt rac t are
seve ra bl e , a nd should any term or pl)visio n he reof be declared inval id or become inopera ti ve
fo r a ny reason , such in va lidity or fa ilure shall not a ffec t th e va lid ity of any oth er ter m o r prov ision
hereof.
Th e waive r of any breach of a term , provision , o r require ment o f thi s co ntract shall no t be
co nstru ed o r dee med as a waive r o f any subsequent breach of such tern,, provisio n , or
reqt,.;irem ent , or or nny other term , provis ion or requirem ent .
Notwit hstanding anything herein to th e contrary, the parties unde rstand and agree th a t all te rm s
and condi ti o ns of thi s con trac t and th e exhibits a nd attac hm ent s hereto wh ich may requ ire
co nti n ued perfo rman ce, co mpliance or e ffect beyo nd th e termination da te of the contra ct shall
survive such termin ation da te an d si;~!! ~o enforcea ble by DRCO G as r · ,,v ided he rei n In th e
eve nt of suc h fai lure to pe rform o r comply by Contrac tor. •
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18. CE RTIFICATION FOR FEDERAL-AID CONTRACTS
For co ntracts that exceed $100,000 . Contractor. by sig ning this co ntract, cortifies to th e ~es t o f
its knowledge and belie f:
a . No Federal appropria ted funds have been pa id or w ,11 be paid , by or on behalf 01 l he
undersigned, to any person for innu encing or attempting to innuence an :'fir,~r or
employee of any Federal agency, a Member of Congress , an officer or em i:loyae of
Congress, or an employee of a ' mber of Congress in connecti on w11 h l he award ing of
a ny Federal loan, the e nterin g into of any cooperative agreement, and the extension ,
continuation , renewa l, amendment, or modifica tion of a ny Federal contra ct , grant , loa n ,
o r coope rati ve ag ree ment.
b . If any fun ds other than Federal appropriated funds have been paid or will be paid to a 11y
person for influenci ng or attempting to influe nce an officer or Mem be r of Congress, o r an
employee o f a Member of Cong re ss in co nnection with th is Federa l contra ct, grant , lo an ,
or coope rati ve ag ree ment , th e undersign ed sllall co mplete and subm it Standard Form-
LLL, "Disclos ure Form to Report Lo bbying ," in accorda nce wi th its instructions .
This ce rtificat ion is a materia l representa tion of fa ct upon which reliance was pla ced when th is
transac ti on was made or entered into . Subm lssior1 of th is ce rtifi c,1 ti on is a prerequisite for
making or e nteri ng into th is tra nsaction imposed t,y Section 1352, nue 31 , U .S. Code . Any
pers on who fail s to file th e requi red ce rtification shall be subject to a civi l penalty of not less th an
S10,000 and not more tt.an S100,000 for eac h such failure .
Co ntra ctor also ag rees that it shall req uire that th e langu age of th is cert ifi cation be inclu ded in
a ll lowe r ti e r subcon tracts , wh,c h exceed $100,000 and th at o ll such subrecipient s shall ce rt ify
and disclose accordingly.
IN WITN ESS WHEREOF. the parties hereto ha ve exe cu ted th is co ntra ct 0,1 the ____ day
o f __________ , 20 _.
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
Jennifer Schau fe le
Ex cutlv e Direct or
ATTEST:
By :
Roxie Ren se n
Administra tive Officer
CITY OF ENGLEWOOD
By.--------------
J a m,o s K . Woou wu 1d , ·.1a yo1
ATT EST.
By : _________ _
Lo uc r i shia A. Ell is
Ci t y Cle r k
Exhibit A
DRCOG SIGNAL EQUIPMENT PURCHASE
SCOPE OF SERVICES
i he City of Englewood will purchase traffic signal co mmunicatio ns equipment for its traffic sio na l
system on Broadway. The equipment to be pu rchased and the locations for deployment consist
of:
Location Equipment Estimated
Cost
Bro adway from Oxfo rd Ave nu e to Fiber optic cable and Ethernet fiber
Chenango Avenue optic transceiv ers
Broadway from Yale Avenue to Gi rard Elhernet fibe r optic tra nsceive rs
Avenue
Total Estimated Cost $17 ,0 00
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COUNCIL COMMUNIC ATIO
Date: Age nd a Item : Sub ject:
December ~ 1, W09 9 a II IGA w11 h DRCOG ior 2009 Trail,c Signal S)'s tem
Eq uipment Pur chase
Initiated By: I Staff So urce:
Department oi Publi c Works Ladd Vost ry, Trait1c Enginee,
COUNCIL GOAL AND PREVIOU S COUNCIL ACTIO '
Ci t\ Council approved bills tor an ordinance t'J en ter in to an agreer11ent wil h th e Dem ·er Regional
Council of Gove rn ments (DR COG ) 10 al1 01, DR COG to reimburse th e Ci tv of Englewood ior ~004,
2005, 2007 and :?008 m iscellaneous traffi c signal equipment purchas es.
RECOMMENDED ACTION
Staff reques t~ that Ci t\' Council adopt a bill ior an o rdinan ce approving an lntergO\·ernmen tal
Agreea 1en1 (,• ;A) 1\l lh th e DRCOG ror u.e 200g Trafti c Signal S1•stem Equipm ent Pur chase
program . This IG A wi ll all o\\ DRCOG to reimburs e th C11\ or Englewood tor th e cos t or tr,111,c
signal sys tC'm eq uipment (to be purcha sed bv l he nv in ::!0 10) in an amum t up to $1 i,000.
BAO:GROUND, ANA LY SIS, AND ALTER NArlVES IDE NTIFIED
The Traffic Engineering Dhisi on 01 Publi c \!\fo rks submi lleL •lication to DRCOG 1o r 11..._nlC
sig nal equiprn nt purchase s to be consi dered in the ::!00q I , ....... S,gnal Svstem Equii:-ment Pur c.h,1se
prog ram. DRCOG, responsible 1or administe rin g th is progran,, rect:"ed U.$. f1Ppar 1111 en1 01
Transp ortation Congesti o n Mitiga ti on Air Quality (C \1 AQI 1und!> through th e,,. ,10.-ad c;
D partrnent of Transporta ti o n {COOT} to carry o ut trafrlc signal sys 1em imprO\ em f nts and
prnchases 111 the Dem er rt'gi o n. ;\II applicauons were re, iP\\ ed and scored b, DRCOG based on
pn:, io usl, se t cri t ria consist t'nl "i1h the ad op 1Pd Tr,1itll S1~11,11 S, stem lmprm ement Program
ITSS IPI. Engl e\\OOd has been il\\ardecl up to Sl ~.000 to\\arcb 1h e purcha se Of 1ra111t si g11 <1I
equ ipment,,, h1 ch includes th e fib er op l ie ctl ble ,1nd iib l:'r optll modt>m !>.
The Tra me: Signal S,stem Equipmen t Purchas e program rmers eq u1pm nt purc:ha!>es o nh . w ith
eq11ipment 111stalla1ion being co mpl eted b1 Cit\ rorce,. These 111 1pr01 ement s ",II enh,111 ce the
1unc11o nalil\ ,1nd e h'1 cicnc, 01 th e tram c contr ol svs tem al on~ the Broad"a' corrid or.
FI NANCI AL IMPACT
There are no fmancial obligat,o ns Tor the City o ther tha 11 prm •cling 11111ds up 1ron t tor th e equipm ent
p urchas e!t, which .1r e lat er reimburs ed to th e Cih . Adequa t iund s are ;l\ ailabl e in tl w
Transporta tio n Svs tem Upg rade acco unt and will be cre dit ed back to this ac o unt wi th th e
reimbursemen t of Fed ra l iunds b\• DRCOG .
LIST OF ATTACHMENTS
Bill for an Ordi nance
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