HomeMy WebLinkAbout2009 Ordinance No. 005•
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ORD INANCE NO. ti'
SERIES OF 200 9
CONTRACT NO, (} -:z.oti't
BY AUTHORITY
COUN CIL BILL NO . 7
INTRODUCED BY COUNCIL
MEMBER MOORE
AN ORDINANCE APPROVING AN INT ERGOVERN MENTAL AGtttEMENT (]GA)
ENTITLED "CONTRACT BY AND BETWEEN THE DEI\-YER REGIONAL COUNCIL OF
GOVERNMENTS (DRCOG)" FOR REIM BURS EMENT TO THE CITY OF ENGLEWOOD ,
COLORADO FOR THE COSTS OF TRAFFIC SIGNAL SYSTEM EQUIPMENT .
WHEREAS , DR COG received U.S. Depanment ofTranspo natio n Congestion Miti ga tion/A ir
Quality (CM/ AQ) fund s through the Colorado Depanmcnt ofTrans ponation (C OOT) to carry ou t
traffic signal system impro vements and purchases in the Denver metropolitan region ; and
WHEREAS , DR COG desires to engage the contra ctor for the purch as e of mi scellan eo us traffic
sign al equipment co nsi st ent with the Tra ffic Signal System Improvement Program ; and
WHEREAS , the City of Englewood submitted an ap plicati on to DRCOG for the 2008 Traffic
Signal System Equipment Purch ase Program ; and
WHEREAS , DRCOG is responsible for monitoring and admi ni steri ng this Fed eral program; and
WH.EREAS , the passage of thi s Ordinance authorizes the intergovernmental agreement all owing
DR COG to re imburse the Ci ty of Engl ewood for the cost of traffic sign al system equipment, which
wi ll be purchased by th e Cit y in 2009 , for an amount up to $2 1,000 ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLE WOO D, COLORADO , AS FOLLOWS:
Section I. The City Counci l of Englewood, Co lorado, hereby authorizes an inte rgove rnm ental
agreement (IGA) entitled "Contract by and Between the Denver Regio nal C0 --sci l ofGovcmment s
(DRCOG)" fo r re imbursement to the Ci ty of Englewood, Co lorado for the co., of traffi c signa l
sys tem equipment , which wi ll be purchased by the City in 2009 , for an amou nt up to $21 ,000, a
co py of which is att ac hed heret o as Exhib it I .
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Section 2. The Mayor is hereby aut horized to sign and th e City Clerk to atte st sa id
intergove nunent al agreement (IGA) ,,., · l "Contract by and Between the Denver Regional
Counc il of Go ,emme nt s (DRCOG)' ; on behalf of th e Ci ty of Englewood .
Int roduced, read in fu ll , and pa ssed ·irst reading on th e 17th da y of February, 2009.
Publi shed os a Bill for an Ordi nance in the City 's offi ci al newspaper on the 20'" da y of February,
2009.
Published as d Bill for an Ordinance on the City's official web site beginni ng on the 18th day of
February, 2009 for thirty (30) days .
Read by titl e and passed on final reading on the Znd day of March , 2009.
Published by title in the City's official newspaper as Ordinance No.~, Series of 2009, on
the 6th day of March , 2009.
James . Woodward, Mayo r~
I, Loucrishia A. Elli s, City Clerk of the City of Englewood, Colorado , hereby certify that the
obove and foregoing is !J)rue copy of the Ordinanc e passed on fin reading an,I publi shed by
title as Ordinance No. Q_, Ser.es of 2009. (
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CONTRACT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
("DRCOG ")
1290 Broadway, Sulle 700
Denver, CD 8020 3-5606
and
CITY OF ENGLEWOOD
("CONTRACTOR ")
1000 Englewood Parkway
Englewood, CO 80110
for
2008 TRAFFIC SIGNAL SYSTEM EQUIPMENT PURCHASE
Projecl Number : 543007 Contract Number: EX08085
RECITALS :
A. DRCOG has received U.S. Department of Transportati on Congestion Mitigation/Air
Qu ali ty (CM/AQ) funds through the Colorado Depa rtm en t of Transportation (COOT), to carri,
o~t traffic signal sys tr n improvements and purchases in the Denver metropolitan •egion .
B. Authority exists In me law and funds have been budgeted, appropriated, and othe~.iise
made available and a sufficien t unencumbered balance thereof remains available for payment.
C. DRCOG desires to engage the Contractor for the purchase of miscellaneous traffic
signal eq uipme nt consistent with the Traffic Signal System Im provement Program adopted May
2007 and further described in this contract and Exhibit A.
D. The Contractor agrees to comply with all relevant provisions of the contract between
DR SOG and COOT, incorporated herein by reference and made a part of this contract, as if
fu lly set forth, In the monitoring and administration of this cont ract.
NOW, THEREFORE , it is hereby agreed that :
1. PURCHASE OF THE EQUIPMENT
a. General Requirem ents. The Contractor shall admin ister and purchase the equipm ent as
depicted in attached Exhibit A, which is made a part of lhis contrac t, in accordance with
TIUe 49, Parts 18 and 19, as appropriate, of the Code of Federal Regulations regarding
unifonm administrative requirements fo r sta te and loca l governments and other non -
profit organizauons .
b. Submissions nf Proc ee dings. r.on tra ct. and other Do cume nt s. The Contractor shall
su bm it to DRCOG all data , reports , reco rd s, contracts , and other documents colle cted
and developed by the Com;actor relating to the project as DRCOG may requ ire. The
Cont ractor st,all retain inta ct, for three years following project closeout, all cont ra ct
docume nt s, finan cia l re co rds , and supporting documents .
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c. Award of Con tra ct. This con trac t is award ed to the Contra ctor based upon th e
Contrac tor's project appl ica tion , which pro vi de s that the Contractor be responsible ,•~r all
expe nses associated with acq ui ri ng , Installing , cperating and mainta ining the equ ipment,
exclud in g the actual purchase co st of the equ ipment. Contractor agrees that Contractor
staff and subcontractors engaged in such will not be re imbursable as part of this
agreem ent.
d. No DRCOG Obligations to Th ird Parties . DRCOG shall not be subject to any obligation s
or liabilities to any person not a party to th is contract in connactlon with the performance ·
of this proj ect pursuant to the provisions of th is conb-act without Its specific wrttten
consent. Ne ither th a concurrence In, or approval of, th o award of any contract or
subcontract or the solicitation thereof nor any othe r act performed by DRCOG under this
contract constttutes such consent.
2, ACCOUNTI"IG RECORDS
a. Accoun_m. The Contractor shall establish and ma inta in as a separate set of accounts , or
as an I, ,tegral part of Its current accounting scheme , accounts for the equipment
purohllses to assure that funds ~re expended and accounted for In a man ner consistent
with this contract's agreements and objectives .
b. Funds Received or Made AvaHable . Tlie Contractor shall approprtately record In the
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account all reimbursement payments rece ived by It from DRCOG pursuant to th is •
contract .
c. Allowable Costs . Expend itures made by the Contractor shall be reimbursable as
allowable costs to the extent they meet all of the requ irements set forth below. Such
expenditures must:
1) Be made in conform .nee with the description , budget , and all other provis ions of th is
contract . ·
2) Be necessary for the eccompllshment of th is contra ct., and reasonable In the amount
of goods and services provided .
3) 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}.
4} Be incurred for equ ipment ·purchased only as d6soribed In Exh ibit A, after the date of
this contract.
5) Be trea ted uniformly and consistently under generally accepted accounting
principl es.
6 ) Be In conformance with the standa rd s fo r allowablllty of costs set forth I~ Jfllce of
Management and Budg et Circulars No . A-122 or A-87, as appropriate , , o!J ardlng •
cost principles for nonprofit organizations and stat'l and local governments .
• d. Documentation of Costs . Invo ices, co nt rac ts, and/o r vouc hers de tailing the natur e of the
charges shall support all equipment pu rchas e cos ts charged to this co nt ract.
e. Che cks. Orders. and Vouc he rs. Any check or order drawn up by th e Contractor with
respect to any item wh ic h is or will be charg eable against thi s contract will be drawn only
in accordance with a properly signed voucher th en on fil e in the offi ce of th e Contrac tor,
wh ich will detail the purpose for which said check or order is drawn . All checks, payrolls,
invoi ces, contracts, vouchers. orders, or other accounting document s pertaining in whole
or in part lo the project shall be clearly identified , readily accessible, and , lo the extent
fea sible , kept separate , and apart from all other such documents .
I. Audits and Inspecti ons . Al any lime durtng no rmal business hours and as often as
DRCOG, CDOT and U.S. Department of Transportation (hereinafter, "USDOT"), and/or
the Comptroller General of the United States may deem ne cess ary, there shall be made
available to DRCOG, COOT, USDOT and/or rerresentalives of the Comptroller General
for examination. all records 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 . matertals. payrolls, records of
personnel, conditions of employment and other data relating to all matters covered by
this contract.
3. TIME" OF PERFORMANCE
• This co ntract shall commence upon execution and shall expire December 31, 2009 .
4. COST OF EQUIPMENT PURCHASES
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The cost for equipment purchases in which federal funds are participaling shall not exceed
Twent y-One Tho us and Dollars ($2 1.000 ) as descr ibe d the attached Scope of Services .
The Contractor agrees to provide all installation, operation and maintenan ce of th e purcha se d
equipment at its expense .
5, REQUEST FOR PAYMENT BY THE CONTRACTOR
a. Award . DRCOG shall re imburse the Contractor up to Twenty-One Thou sa nd Dollars
($21 ,000) for the purchase of traffic sig nal equipment as described in the attached
Scope of Services .
b. Payment. Paymen t shall be made on the following basis : After rec eipt of th e
equipment, the Contractor shall submit the invoice to the DRCOG Accounting
Departm ent for reimbursement. DRCOG will incorporate the invoice into its next bill to
COOT. Upon receip t of payment from COOT by DRCOG and upon vertfic dlion by
DRCOG that the Contra ctor has installed the equipment and that the equipment Is
operating as inte nded , DRCOG will reimburse the Contractor for the amount of
allowable costs of th e Contractor's invoice . It is the Contractor's sole res ponsibility to
install the equipment and contact DRCOG for field verificat ion prior to rece iv ing
re imburseme nt.
6. MANAGEMENT
a. DR COG Representa tive . :JRCOG has de signat ed Greg MacKinnon as its
represe ntati ve wh o will coo rdina te re views , ap prov als , and autho rizations .
b. Contracto r's Representative . The Con tractor has designa ted Ladd Vostry as it s
representative for th is con tra ct who shall be re spo nsible for coordination and liaison with
DRCOG on the equipment purchases associated with th is contract. If al any tim e a
contractor representative is not assigned for this contract, the Contractor shall
immediately notify DRCOG and work shall be suspended until a representative has
been assigned who is accep tabl e to DRCOG.
c. By signing this agre ement, the Contractor also represe nts that its organization and its
principals are not suspended or debarred per Federal requirements .
7. PERSONNEL
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The Contractor represents It will provide and secure the personnel required in installing ,
ma intaining and operating the equipment list ed in Exhibit A. All of the services required
hereunder will be perfo rmed by the Contractor or under Its supervis ion, and all personnel
engaged in the work shall be fully qualified and shall be authorized under State and local law to
perform such services . Su ch personnel shall not be employees of or have any r.ontractua l
relationship with DRCOG. Any subcontracts entered into by the Contractor associa l.ed with this
Contra ct shal l include a statement that the parties to the subcontract understand that DRCOG
is not obligated or liab le in any manner lo the subco ntractor or for the performance by the •
Contractor of its obligations under the subcontract.
8, TERMINATION
a. Funds not Avai lable . The parties axpressly recog niz e that the Contractor is lo be paid ,
reimb urse d or otherwise co mpensated with federa l and /o r Stale fund s which are
available lo DRCOG for the project. In th e event lhal CM/AQ funds are not mad e
available lo DRCOG per Recital A, thi s Agree ment shall terminate immediately.
Contra ctor expre ss ly unci&rslands and agrees lhal all of its rights , demands and claims
lo compensation arising under this contract are contingent upo n availability of such
funds to DRCOG.
b. Te,mi nation for Mutual Convenience . The parti es may, It h the concurrence or COOT,
terminate this agreement if both parties agree that th e equ ipment purchases spe cified In
Exhibit A would not produ ce beneficial results .
c. Termin ati on of Contract for Cau se . If through any cause , excl uding force maj eure , the
Co ntractor shall fail to fulfill in timely and proper manner its obligation s under this
contract , or if th e Contractor shall violate any of !he covenants, agreements, or
stip ul ati ons of this contract, and has no t corrected such brea ch within ten days of being
given noti ce by DRCOG, DRCOG shall thereupon have the right to terminate th is
con lrar.l by giving written notice to the Contractor of such termination for cause , which
shall be ~ffectiv e upon recei pt of th e written noti ce.
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In lhat event, DR COG shall not be required to reimburse the Con tractor for any
equi pm ent pur chases not yet billed to COOT, and Contracto r shall be ob li ga ted to re turn
any payments previou sly received und er th e provisions of this co ntract. Notwith standing
the above , the Contractor shall not be relieved of li ability to DHCOG for any damage s
sustain ed by DRCOG by virt ue of any breach of th e contract by the Contractor.
d. Termi nation for the Convenience of DRCOG . DRCOG may terminate thi s contract at
any time by giving written noti ce to the Contractor of such termination , which shall be
effective upon receipt of the written notice. If the contract is terminated by DRCOG as
provid ed herei n, the Contractor shall be entitled to rece ive compensation for any
equipm ent purchases made prior to the effective date of such termination , subject to
field verifications be ing completed to the satis faction of DRCOG.
9. EQUAL EMPLOYMENT OPPORTUNITY
Du ri ng the performance of this contract , the Contractor ag rees to comply wllh all federal and
st ate laws , rule, regu lations, 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."
10 . DISADVANTAGED BUSINESS ENTERPRISE
a. Policy. DRCOG is committed to and has established a Dis advantaged Bu si ness
Enterprise (DBE ) program In accordance with the regulations of th e U.S. Department of
Transportation (DOT), 49 CFR Part 26 . II is the policy of DRCOG to ensure that DBEs,
as defined in Part 26, ha ve an equal opportunity to partic ipate in the performan ce of
co ntracts and subcontracts receiving DOT funding assistance . Cons equently, the DBE
requirements of 49 CFR, Part 26 apply to this agreement.
b. DBE Obl igation . Th e 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 ma ximum opportunity to participate in the perfo'!Tlance of contracts
and subcontracts receiving DOT funding assistance provided under this agreement. In
this regard, the Contractor and subcontractors shall tak e all necessary and reasonable
steps in accordance with this policy to ensure that DBE have the maximum opportunity
to compete for and perform contracts . The Contractor and the ir subcontractors shall not
discriminate on the basis of race, color, national orig in or sex In the award and
performance of contracts and subcontracts rece iving DOT funding assistance .
11 . PROHIBITION AGAINST HIRING ILLEGAL ALIENS [NOT APPLICABLE TO
INTERGOVERNMENTAL AGREEMENTS].
The Contractor shall not knowingly employ or contract with an illegal alien to perfo 1m work
under this contract. Contractor shall not enter Into a contract with a subcontractor that falls to
ce rtify to the Contractor that the subcontractor shall not knowingly employ or contract with an
illega l alien to perform work under th is contract.
Contractor will participa te in either th e E-verify program or the Departme nt prog ram, as defi ned •
in C.R.S . § § 8-17 .5 -1 0 1 (3 .3) and 8-17.5-101 (3 .7), respec tively, in order to co nfirm th e
em pl oyment eligib ility of all employee s wh o are newly hired for emp loyment to perform work
under th e public co nt ract for serv ices . Contractor is prohib ited from us ing th e E-verify program
or the Departm ent program pro ce dures to undertak e pre -e mploym ent sc reen ing of job
applic ants while thi s co ntract is be,ing performed.
If Co ntractor ob tains act ual knowl edg e that a sub co ntractor performing work under this contract
for se rvi ces knowing ly employs or co ntra cts wi th an Illegal alien, Contractor shall :
a. Notify the subcontra ctor and DRCOG within thre e days that the Contractor has actual
knowledge that the subcontractor is employing or cont racting with an illegal alien ; and
b. Terminate th e sub co ntract with th e subcontractor if within three days of receiving the
notice requir ed pu rs uant to this paragraph the ,s ub contractor does not stop employin~ or
contracting with the illegal alien; except that the Contractor shall not terminate the
co ntract with the subcontractor If during such three days the subcontractor prov; ,es
infonmation to establish that the subco ntractor has not knowingly employed or
contracted with an illegal alien .
Contractor shall co mply with any reasonable request by the Department of Labor and
Employment made in the course of an investig3tion that the Department is undertaki ng
pursuant to the authority estab lish ed in C.R.S . § 8-17.5-102(5).
If Contra ctor vio lates a provision of this Contract reqcired pursuar.t to C.R.S. § 8 -17.5-102, •
DRCOG ma y terminate th e contract for b1 ~ar~ af contract. 1, tile contract is so terminated, the
Contra ctor shall be liable for actual and co ns equen:ial d~m ages to DRCOG.
12. INTEREST OF MEMBERS OF DRCOG AND OTHERS
No officer, member, or empl oye e of DRCO G and no members of its governing body, and no
ot her publi c official of the govern ing body of th e lo ca lity or localities in which the project is
situated or eing carried out who exercises any funct io ns or res ponsibilities in the review or
app roval oi th e undertaking or carrying out of this project , shall partic ipate in any decision
relating to th 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 con trac t or th e pro ceeds thereof.
13. INTEREST OF THE CONTRACTOR
No offi ce r, member, employee or agent of the Contractor or any other person who Is authorized
to exe rcise any functions or responsibiliti es in connection with th e negotiating, review or
approval of th e undertaking or carrying out of any se gment of th e program contemplated by this
co ntract shall have any financial or other personal interest , direct or indi rect, in this contract or
any subcont ract thereunder, or in any rea l or personal property acquired therefore. Any person
who shall involuntarily acquire any such Incompatible or conflicting personal Interest shall
Immediate ly disclose his/her interest to DRCOG in writing . There after (s)he shall not participate
In any action affecting the program under this con tra ct unless DRCOG shall have determined
!ha t, in light of the personal interest disclosed, the parti ci pation in such action would not be •
cont rary to the publi c interest.
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14 . INDEMNIFICATION
The Co ntract or is an ind ependent contractor and not an empl oyee of DRCOG. As an
independent con tracto r, the Contractor Is not entitled to work ers' co mpensation benefit s except
as may be pro vided by the Contractor nor to un employment insuran ce benefits unless
unemployment co mpen sation coverage is provided by th e Contractor or so me other entity. Th e
Contractor is obligated to pay all applicable federal and state income tax on any mon eys earned
or paid pursuant to th is contract relation ship . The parties agree that th e Contractor is fr ee from
the direction and co ntrol 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
exclusi vely 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 t~ e Contractor except
through a comp letion sc hedu le .
To the extent allowable by law, the Contractor shall Indemnify, save and hold 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 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 , subcontracto rs, and assignees .
15 . FEDERAL REQUIREMENTS
The Contractor shall 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 ma y hereafter be amended, which are incorporated herein by this referen ce
as term s and conditions of this contract. The Contractor shall also require compliance with
these stat utes and regulations in subcontract agreements assoc iated with this Contra ct.
The Contracto r agrees to abide by and follow all appli ca ble federal and state guidelines wh en
expending any funds resulting from this contract. This includr ':, out 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 Reg ulation ("FAR"), tog ether with any additions or
supplements thereto promulgated by the Funding Ag ency . Current regulations can be found at
http ://www .arnet.gov/far/.
In addition , Co nt ractor shall co mpl y wit h the following federal laws and regulation s as may be
appli ca ble to the proj ect:
a. The Copeland "Anti-Kickback " Act (18 U.S. C. 874) as supple mented in Department of
Labo r regulations (29 CFR Part 3)(all contracts and subgra nts for construction or repair).
b. The Davis-B aco n Act (40 U.S.C. 276a to a-7) as supp lememdd by Department or Labor
regulations (29 CFR Part 5)(Construction contracts in excess of $2 ,000 awarded by
grantees and subgrantees when required by Fed eral grant program legislation .
This Act requ ires that all laborers and mechanic s empl oyed by con tra ctors or sub-co ntra ctor s to •
work on cons truc tion proj ec ts financed by federa l assista nce mu st be paid wages not le ss than
th ose establi shed for the locality of the project by th e Secretary of Labor).
a. Sect ion s 103 and 107 of th e Contract Work Hours and Sa fety Standards Act (40 U.S.C.
32 7-330 ) as suppl emen ted by Department or Labor regulations (29 CFR Part 5).
(Construction co ntracts awarded by grantees and subgrantees in excess of $2 ,000 , and
in excess of $2,500 for c::lle-· co ntracts which involve the employm ent of mechani cs or
laborers).
b. Standards , orders , or re ·.:iuirements issued under sect ion 306 of the Clean Air Act (42
U.S.C. 1857(li i), sec tion 508 .-f the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and Environmentnl ,·rot ectlonAgency reg ulations (40 CFR Part 15)(contracts,
subcontracts, and subgra,,t~ nf amounts in excess of $100 ,000).
TO THE EXTENT ALLOWABLE BY LAW, the Contractor agrees to indemnity, save and hold
harmless, DRCOG, its officers , employees, agents, subcontractors, and assignees should any
applicable regulations no t be followed .
16 .CHANGES
This contract is ;ubject to such modifications as may be required 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 cont ract on the effective date of such change as if fully se:
forth herein . Except as provided above , no modification of this contract shall be effective unless •
agreed to in writing by both parties in an ame ndment to this contract that is properly exec uted
and appro ve d in accordance with applicable law.
17 . GENERAL
By signing this agreement , the Contractor represents that it s organization and its princip als are
not suspende d or debarred per Fed eral requ ire ments .
Thi s contract rep resents the entire agreement between the Contractor and DRCOG, replacing
and superseding any previous contra ct, oral or written , which may have existed between th e
parties relating to the matters set forth herein .
To the exte nt that this con tract may be executed and performance of the obligations of the
parties may be acco mplished within the intent of the contra ct, th e terms of this contract are
severable , and should any term or provision hereof be declared inva lid or become inoperative
for any re ason, such invalidi ty or failure shall not affect th e va lidity of any other term or provision
hereof.
The wai ve r of any breac h of a term, provision, or req uirement of this contract shall not be
construed or deemed as a waiver of any subsequent brea ch of such term, provision , or
requirement , or of any other term, provision or requirement.
Notwithstanding anything herei n to the con trary, th e parties understand and agree that all terms
and co nditions of this con tra ct and the exhibits and attachments hereto wh ic h may require •
con tinu ed pe rforman ce, compliance or effect beyond the termination date of the contract sha ll
survive su ch term ination date and shall be enfo rceab le by DR COG as provided herein in the
even t of such failure to perfor m or comply by Con trac tor.
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18. CERTIFICATION FOR FEDERAL-AID CONTRACTS
For w nt racls th at exceed $1 00,000, Contractor, by signing thi s co ntract, ce rtifi es lo th e bes t of
its know led ge and belief:
a. No Federal approp ria ted fund s have been paid or will be paid, by or on behalf of th e
unde rn igned, 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 exte ns ion,
continuation, renewal, amendment , or modification of any Fed era l con lracl, 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 lhis Fed eral contract, grant,
loan , or cooperative agreement , the undersigned shall complete and submit Standard
Form-LLL , "Disclosure Form to Report Lobbying ," in accordance with Its instructions .
Th is certification is a material representation of fact upon which reliance was placed when this
transaction was ma de or entered into . Submission of this certification is a prerequisite for
mak ing or entering In to this transaction lmpo,ed by Section 1352 , Title 31, U.S. Code. Any
perso n wh o fails to file the required certifica!ion shall be subject to a civil penalty of not less
than $10,('100 and not more than $100,000 for ea ch su ch failur e.
Contractor also agrees tha t it shall req uire that the language of th is cert ification be Included in
all lo we r ti er subcontra cts, wh ich exceed !100,000 and that all such subrecipie nts shall ce rt ify
and disclose ac cordingly.
IN WITNESS WHEREOF, the parties hereto have execu ted this co ntrac on the ____ day
of __________ , 2009.
By :
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
Jennifer Schaufele
Executi~e Director
ATTEST:
By:
Roxie Rensen
Administrative Offi cer
CITY OF ENGLEWOOD
By: __________ _
James K. Woodwa rd
Mayor
ATTEST:
By :------------Lo ucri s hia A. Ellis
City Cl er k
EXHIBIT A
DRCOG SIGNAL EQUIPMENT PURCHASE
SCOPE OF SERVICES
The City or Englewood will purcha se traffic signal eq uipment for its traffic signal system on
Bro adway. Th e equipm ent to be purcha sed and th e lo ca llons for deployment consis t of :
Location Equipment Esllmated
Cost
Broadway and Mansfield Cabinet and Contro ller; Fiber Op llc
Cable; and , Fiber Modems
Broa dway from Mansfield to Oxford
Total Est ima ted Cost $21 000
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COUNCIL COMMUNICATION
Date: Agenda Item:
February 1 7, 2009 9 a i
I Subject :
IGA wi th DRCOG for 2008 Traffic Signal System
, Equipm ent Purcha se
Initiated By: I Staff s .. u,ce:
Departme nt of Public Works Rick Kahm, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTIO'i
Citv Co un cil approved Bills for an Ordinance in 2004 . 20t.l5 and in 200 7 to enter into an
agreem en! wi th the Denver Regi onal Council of Governments (DRCOG ) to allow DRCOG to
reimburs e the City of Englewood fo r miscellaneous traffic signa l eq uipm en t purchases .
RECOMMENDED ACTION
Staff re ques ts that Ci ty Council adopt a Bill fo r an Ordinance to en ter into an ·n•u~.:••·o ,m no ntal
Agreeme nt (!GA) with the DRCOG for the 2008 Traffic Sign al System Equipfll c,,· Purcl•ase
program . This IGA will allow DRCOG to reimburse the City of Englewood for the co st of traffic
sig nal system equip n1e nt (to be purchased by the City in 2009) In an amo unt up to $21 ,000 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Tra ffic Engineering Division of Publi c Wo rks submitted an applicatio n to fJRCJG for traffic
signal equ ipme nt purchases to be co nsi dered in the 2008 Traffic Signal System Equipmen t Purchase
program . DRCOG , res pons ib le for admin iste ring th is program , received U.S. Depart m~n t of
Transportation Congestion Mitigation/Air Qual ity (CM/AQ) funds thr ough the Colorado
Department of Transportatio n (C DOTI to carry out traffic signal syste m im prove ments and
purchases in the Denver region . All applica tio11s we re rev iewe d and scored by DRCOG based on
previously set crileria co nsistent with the adopted Traffic Signal System Improvement Program
(TSSIP). Englewood has been awarded up to $21 ,000 towards the purchas e of traffic si gnal
eq uipm en~ which includes th e traffi c signal cab in et with uninterrupted power suppl y sys tem, fiber
optic ca ble and fib er optic modems .
The Traffi c Sig nal Sys tem Equipment Purchase program cove rs equipme nt purch ases only, with
equipment installation being completed by City forces. These imp roveme nts will enhan ce the
functionality and efficien cy of the traffi c system co ntrol alo ng the Broadway co rridor.
FINANCIAL IMPACT
There are n fi nan cia l obligations for the City other than providing funds up front for the equ ipm ent
purchases, which are later re imbursed to the City. Adequate funds are available in the
Tr ansporta ti on System Upgrad e acco unt and will be credited back to thi s accoun t wi th th e
reimbursement of Fede ral funds by DRCOG.
LIST Of ATTACHMENTS
Bill for an Ordinan ce •
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