Loading...
HomeMy WebLinkAbout2005 Ordinance No. 005• • • ORD INANCE NO . _5__ ER IES OF 2004 /2005 BY AUTHOR ITY CONTRACT. NO, / S'""-.,ltlo S-9 b v COUNC IL BILL NO . 68 INTRODUCED BY COUNC IL MEMBER BRADSHAW AN ORD INANCE AUTHORIZING AN INTERGOVE RNMENTAL AGREEMENT FOR FY04 MISCELLANEOUS EQU IP MENT PLRCHASES PRO GRAM BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOO D COLORA DO . WHEREAS , each year govern ment s can subm1l t1pp licati ons to DR COG, who is responsi ble for monitoring and ad mini sterin g 1hi s program, to co mp ete for avai lable federal fun din g fo r miscellaneous traffic signa l equi pmen t; and WHEREAS, the Englewood Traffic Engi'l C"~"i r n Divi sion of t'• ~·-1. \\,l,rks submi tt ed an application to DRCOG fo r mi sce ll aneous equip ment purd .o s..:s •1,n.nJ L,h 1h c FY04 Eq uipm ent Purch ase program; and WHEREAS, Englewood was awarded $75,000 towa rd s the purchase of misce ll aneous traffic sig nal equipmen t fo r State Hi ghway 285 and Loga n Street, which inclu des a traffi c si.J nal ca binet , system de tec ti on equipment and sig nal nctwo rk s/conunu ni c.it ion wi th the City fo rces comp let ing th e equipme nt ins tall ation ; and WHEREAS , thi s wi ll all ow the Ci ty to contro l both co rr ido rs more cfli cientl y, se lecting proper coordinat ion patt erns usi ng act ual traffic demand as a guideline when ap prop ri ate; NOW, THEREFORE, BE IT ORDA INED UY THE CITY COUNC IL OF TH E CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: SectiQLU . The lnte rgovc mmcnt.il Agreemen t "Co ntra ct By And Be twee n The Denver Regional Cou nci l Of Governmeni s and Ci ty of Englewood " -Proj ec t Numb er 543 003 , Con trac t Numb er EX04086 , a11 ac hcd hereto as Ex hibit I, is hereby ac cepted and approved by 1h e Englewood City Cou ncil. Sec tion 2. The t\fayor und City Clerk arc authori zed to execu te and att es t said Ag re emen t fo r and on behalf of th e City of Eng lew ood . Int rod uced, read in full , and passed on fir st reading on th e 20 th da y of Decemb er. 2004 . Publi shed as a Bill for an Ordinance on the 24th day of December , 2004 . Read by title and passed on fina l reading on the 10th day of Janu ary, 2005. Pub li shed by title as Ordin ance No . ~. Series of 2004 /2005 , on the 14th da y of January , 2005 . ,I) /4/ ~--- I, Loucrishia A. Ellis, Ci ty Clerk of th e City of Engle wood, Co lorado, hereby certify that the above and foregoing is a true cop_}'...of the Ordinance asscd on final reading and published by 1i1le as Ordinance No . 2..., Series of 20 /2 5. ·J-<- -2 - • • • • CONTRACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL ClF GOVERNMENTS ("DRCOG") 4500 Cherry Creek Drive South, Suite 800 Denver, Colorado 80246 and CITY OF ENGLEWOOD ("CONTRACTOR") Englewood Civic Center 1000 Englewood Parkway Eng lewood , CO 80110 Pro ject Numbe 543003 Con tract Number EX04086 RECITALS: A. DR COG has rece iv ed U.S. Departme nt of Transportation Congestion Mitigation/Air Quality (CM /AO) funds throug h the Colorado Oepanment ofT1ansponation (COOT ), to carry out traffic signal syst em improvements and purchases in the Den ver metropolitan region in fiscal year 2004 . B. Authority exi sts in the law and funds have been budgeted , appropriated, and otherw :se made availab le and a suffi cient unencumbered balance thereof remains availzble for payment. C. DRC OG des ire s to enga ge the Contracto r for the pu rchase of miscellaneous traffic signal equipment cons istent with the Tra ffic Sig nal System Improvemen t Program adopted December 1999 . DRCOG will reimburse the Contractor for up to S75 ,000 (Seve nty-F iv e Yhousand Dollars) fro m fLd eral funds for the purchase of this equi proem as listed and described in the atta ched Scope of Services (Exhibit A). D. The Contractor agree s to comply with all relevant pro visi ons of the contract between DRCOG and COOT. incorp ora te d h~re in by reference and made a part of this contract . as if fu ll y set fonh . iP the mcni ton ,,g and adm inistrat ion of this contract. NOW , THE REFORE , it i, 1ereby agreed that: 1. PURCHASE OF THE ,':QUIPMENT a. General Requ irements . The Contractor shall admin ister and purch2se the equi pment as depicted in attached Exhib it A, which is made a pan of this co ntract , in accordance with Title 49 , Parts 18 and 19 , as appropriate , of the Code of Fede ral Regulations regarding uniform admin istrative requ irements for stat e and local governme nts and othe r non-profit organ iza tions . C: X I a I T 1 b. c. d. Submissions of Proceedings, Contract , 4nd Othe r Documents . The Contractor shall submit ta DRCOG all data, reports, records , contracts, and other documents ;oll ec ted and developed by the Contractor relating to the project as DRCOG may require . The Contractor sh all retain intact. fN three years following project closeout all contract documents , ·• financial records, and supporting documents . Award of Contract. This contract is awarded ta the Contractor based upon the Contractor's project application , which provides that the Contractor be responsible for all expenses associated with acquiring, installlng , and operallng the equipment, excluding 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 agreement. No DRCOG Obliaations la Third Parties . DRCOG shall not be subject ta any obligations or liab ilities to any person not a party to this contract in connection with the perfonmance of this project pursuant ta the provisions of this cont ract without its specific written consent. Neither the co ncurrence in, or approval of, lht award of any contract or subcontract or the soli ci ta tio n thereof nor any other act perfonned by DRCOG under this contract constitutes such consent. 2. ACCOUNTING RECORDS a. b. C. Accounts . The Contractor shall establish and maintain as a separ;;r,, set al accounts, or as an integral part of its current accounting scheme, accounts for the equipment purchases to assure that funds arP axpended and accounted for in a manner consis ten t with th is contract's agreements and objectives. Funds Received or Made Available. The Contractor shall appropriately record in the ?~c ount all reimbursement payments rece iv ed by it from DRCOG pursuant to this contract. Allowable Costs . Exp enditure s made by the Contractor shall be re imbursab le as 2:·-,wable costs 10 the ext ent the y meet all of the requirements set fort h be low. Such exp endi tures must: 1) Be made in conformance wi th the description, budget , and all other provisions of thi s contract. 2) Be ~ctu al net cas ts lo the Contractor. 3) Be incurred for equipment purch as ed only as desc rib ed in Exhibit A, after the date of this contract. 4) Be treated unifonmly and co ns istentl y under generally accepted accounting ~rinciples . • • • • 5) Be in co nforma ,,ce with the standards fo r allowability of co sts set forth in Offi ce of Management and Budget Circulars '.!o . A-122 or A-87, as appropriate , regarding cost principles for nonprofit or~a ,1iza ti ons and state and local governments . d. Doc umentation of Cost~. Invoices, contracts . and/or vouc hers deta il ing the nature of the charg,is shall support all equipment purcha se cos ts charged to this contracl. e . Checks. Orders. and Vc,uchers . Any check or order drawn up by the Contractor with respect to any item which is or will be chargeable against this cont rac t will be drawr, only in accordance with a properly signed voucher then on file in tt1e office of the Contractor. which will deta il the purpose for which said check or order is drawn . All checks, payrolls, invoices , contracts . vow :h ers . orders . or other accounting documents pertaining in whole or in oart to lhe project shall be cl early identified. readily accessib le. and . to the extent feasible . kept se parate . and apart from all other su ch documents . f. Audits and _t ions. At any time during normal busi ne ss hours and as often as Dl,COG. COOT and U.S. Departme nt of Transportation (here inafter. "USDOr). and /or the Comptrcller General of the United States may deem neces ,;ary, there shall be made available to DRCOG, COOT, USDOT and/or re presentatives of the Comptroller General for examination . all records Nith respect to all matters covered by this contract and the Contrac tor will permit DRCOG. COOT. U~;DOT, and/or representatives of the Comptroller Ge neral to audit . exar:iine. and make excerpts or transcripts from such records. and to make aud it s of all contrac:s. invo ices . materials. payrol:;, records of pe rso nn el , conditions of employment and other data relating to all matters covered by this co ntracl. 3. TIME OF PERFORMANCE This contract sha ll com mence upo n execution and sha ll expire June 30 . 2005 . 4. COST OF EQUIPMENT PURCHASES The cost for equipmen t purchase•s in wh ich fede ral runds are part icipating shall not exceed S75 .000 (Se ve nty-F i·,e Tho usan d Doll ars). The Contrac tor agrees to provide all installation and operation or the purcha sed equipment at its expense . 5. REQUEST FOR PAYMENT BY THE CONTRA CTOR a. ~ward. DRCOG shall reimburse the Co ntra ctor up to 575 ,000 (Seventy- Five Th ousand Doll ars ) fo r the purchase of traffic signal equipment as des cri bed in th e atta ch ed Scope of Serv ices . b. Payment. Payment shall be made on the following basis: After receipt of the equipment, the Contractor shall submit the invoice to the DRCOG Accounting Department for reimbursement. DRCOG will incorp rate the invoice into its next bill to COOT. Upon receipt of payment from COOT by ORCOG and upon verification by DRCOG that the Contractor has install!!<' the equipment and that the equ i~ment is operating as intended, DRCOG will reimburse the Contractor for the amount of the Contractor's invoice . It is the Contractor 's sole responsibility to install the equipment and contact DRCOG for field verification prior to receiving reimbursement. 6. MANAGEMENT a. ORCOG Representative. ORCOG has designated Jarry J. Luor as its representative who will coordinate reviews , approvals , and authorizations. b. Contractor's Reoresentative. The Contractor has designated C. Ladlstav Vestry as its representative for this contract who shall be responsible for coordination and liaison with DRCOG on the equipment purchases associated with this contract. If at any lime a contractor representative is not assigned for lhi3 contract , the Contractor sh all immediately notify DRCOG and work shall be suspended until a representative has b81ln assigned who is acceptable to DRCOG. By sign ing this agreement , the Contractor also represents that its organization and its principals are not suspended or debarred per Federal require m •nts. 7. PERSONNEL The Contractor represents it will provide and secure the personnel required in installing, maintaining and operating the equ ipment listed in Exhibit A. All of the servi ce s required hereunder will be performed by the Contractor or under its supervision , and all person nel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. Such personnel shall not be employees of or ha ve any contractual rela tionship with DRCOG. Any su bcontracts entered into by the Contra ctor associated wi th this Contract shall include a statement that the panies to the subcontract understand · that DRCOG is not obligated or liable in any manner to the sub contractor or for the performance by the Contractor of its obligations under the subcontract. 8. TERMINATION a. funds not Available . In the event that CM/AQ funds are not made available to ORCOG per Rec ital A, this Agreement shall terminate immediately. b. Termination for Mutual Convenience . The parties rr ay, with the concurrence of COOT, terminate this agreement if both parties Jgree that the equipment • • purchases specified in Exh ibit A would not produce benefic ial results. • c. Termination of Contract for Cause . If through any cause , excluding force majere, the Contractor shall fail to fulfill in ti mely and proper manner it's • • 9. obligations under this con!ra ct. or if the Coniractor shall viola te any of the covenants , agreements, or sti pulations of thi s contract, ORCOG sh all thereupon have the rig ht 1~ erm inale this contract by giving written notice lo lhe Contractor of such lerm i:,_iion which shall be effective upon receipt of the written notice . In th at event, DRCOG shall not be required to reimburse the Contractor fo r any equipment purchases not yet billed to COOT. Notwithstanding the above, the Contractor shall not be relieved of liability to ORCOG for any damages sustained by ORCOG by virtue of any breach of the contract by the Contractor. d . Termil ,alien for the Convenience of DRCOG . ORCOG may terminate this contract at any time by giving written notice to the Contractor of such termina ti on , which shall be effective upon receipt oi the written notice. If the contract is terminated by DRCOG as provided herein, the Cor,tractor shall be entitled to receive co mpensation for any equipment puri:hases made prior to the effective date of such termination, subject to field verifications being completed lo the satisfaction of DRCOG. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract. the Contractor agrees to comply with all federal and state laws, rule , regul a•ions , and orders regarding equal employment opportunity . In the event of the Co11tracto~s non-compliance with the non- discrimination cla uses of this co ntract or ,, ·.,, a ny of sue !': rules , regulatlor.s, or orders , this contract may be canceled. terminated or suspended in whole or in part and the Contractor may be declared inelig ible for funher contracts in accordance with procedures . authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16 , 1975 and the rules, regulations , or orders promulgatr,d in accordance therewith . and such other sanctions as may be imposed and re medieC' as may be invoked as ~rovid ed in ::xecu tive Order. Equal Opponun ity and Affirmative Actio n of April 16, 19 75 . or by ru les , regulat ions , or orders promulgated in accordance therewith . or as ot herwise provided by law . 10 . INTEREST OF MEMBERS OF ORCOG AND OTHERS 11. No officer, member, o r employee of DRCO G and no memoers of its governing body, and no other ~ublic offic :al of th e governing body oi :he locality or localities in which the proj ect is si tuate d or being carr ied out who exerc:ses any fu nctions or respons ibilities 1n the review or acproval of the underta king or ca rrying ou t of this pro ject. shall panicipate in any aec:sio n relating 10 this :ontract which affects his personal interest or ihe interest cf any corporation, pannership , or association in whi ch he is dir ectly er ind irectl y interested or '1 ave an y perso nal or pecunia ry in terest. direct cf ind irec:, in this contract or the proc eeds the reof. INTEREST OF THE CONTRACTOR No officer, member, em ployee or agent of the Contractor or any other person who is authorized to exercise any functions or responsibilities in con ne cti on with the negotiating , revie w or appro va l of the undertak ing or carrying out of any segment of the program contemplated by this contract shall have any financ ial or other personal interest , di rect or ind irect . in this co ntract or any subcontract thereunder, or in an y real or personal property acquired therefor. Any person who shall invol un tarily acqui re any su ch incompatible or conflicting personal interest shall immediately disclose his/her interest to DRCOG in writing . The reaft er (s )he shall not participate in any ac tion affecting the program under this con trac t unless DRCOG sh all have determined that. in li ght of the personal interest disclosed, the participation in such act ion would not be co ntrary to the publ ic interest. 12. OFFICIALS NOT TO BENEFIT No member or delegate lo the Congress of the Un iled States of America and no resident commission er. shall be adm itted to any share or part hereof or to any benefit to arise here from , except as a member oi the public. INDEMNIFICATION e Contractor is an independent contractor and not an employee of DR COG. an independent contractor, the Contractor is not entitled to worker,;' ampensation benefits except as may be provided by the Co ntracto · nor lo unemployment insurance benefits unless unemployment compens, tion coverage is provided by the Contractor or some other entity. The Cantrac:or is oblig,·ted to pay all applicatle federal and state income tax on any moneys ea ; ned or paid pursuant to this contract relationsh ip . The parties agree that the ( :o n• Jeter is free from the direction and control of DRCOG except such control as may be required by any state or federal statute or regu lation , and that DRCOG does not require the Contractor to wo rk exclusively for DRCOG : does not establish a quality standard for the Co ntractor. doe s no t provide train ing, or does not provide tools or benefits of performance by the Contractor ex cept through a completion schedule. To the extent allowab le by law. the Contractor sh all indemnify, save and hold harmle ss DRCOG, ,ts officers . emp loyees and agents. against any and all claims. damages. li ability and court awards. inc luding all costs. expenses, and attorney fees incurred as a result of any neg li gent act or Qmissi on of the Contractor. or its employees. age nt s, subcontractors or assignees rel;ated to this contract. The Contractor shall inc lud e language simi lar to the foregoing in any su bco ntract associa ted with this Contrac:. stat ing that :he subcontractor ag rees to ind emn ify. sa v0 and ho ld harm less CRC OG for neo li c ent ac:s or omiss ions of the subcontra~., r, its emp loyees. agents . subc ontr ac:ors. ano assignees. 14. FE DERAL REQUIREMENTS The Contrac!or shall at all limes during the execulio1 of th,~ ~ontract stric!ly adhere to . a,1d comply with. all applicable recerai ~: .J s:ate la,·•s. and their implementing regulations. as they currently exi~•-and may hereafter be amended. which are incorporated tierein by this referen ce as terms and wnditions of this contract. The Contractor shall also req ui re compliance with 11,ese statutes and regu lations in subcontract agreements asscc iated with this Gontra~t. • • • • • • The Contractor ag rees lo abide by and fo llowing all applicable federal and state guidelines when exp ending any funds res ulting from this contract. This includes, but is not limited lo, the Procurement Standards set forth in Subpart C of 0MB Circula'r A-11 0 and the applicable provisions of the Federal Acqu isition Regulation ("FAR"), together with any additions or supplements thereto promulgated by the Funding Agency. Current regulations can be found at http ://www .am et.gov/far/. The Conlr~ctor agrees lo indemnify, save and hold ha rmless, DRCOG, its officers , employees, agents, sub contractors , and assignees should these regulations not be followed . 15. CHANGES All changes lo this contract shall be in the form of a written supplemental agreement , sig ned by the parties to this agreement. 16. GENERAL By: By signing th is •:;ireement, the Grantee rep re sent s that its organization and its principa ls are not suspended or debarred pe r Federa l requirements. This contract represents the entire agreement between the Contractor and DRCOG, replacing and superseding any previou s contract, oral or written , which may have existed between the parties relating to the matters set forth herein . IN WITNESS WHEREOF, the pa I1i es hereto have execu ted this cont ract on the ___ day oi , 2004 . DENVER REGIONAL COUNCIL OF GOVERNMENTS Jenn ifer Sch aufe le Executive Direc tor CITY OF ENGLEWOOD By:------------ Dougla s Ga rr e t t '.'la y o r ATTEST: ATTEST: By : Betty L. McCarty Administrative Officer By: __________ _ Loucrisn ia A. El l is C~ty Cl erk EXHIB IT A DRCOG Signal Equipment Purchase Scope of Services The City of Englewood will purchase traffic signai equipment for its traffic signal system at va rious locations in tne city. The equipment to be purchased, and the locations fo r deployment consist of: Location Equipment Estimated Cost Hampden Avenue (5 locations) & System Detection eq uipment $47,000 Logan Street (4 locations) Hampden Avenue (4 locations) & Traffic Signal Netwo rks /Comrrunications $20,000 City Hall (one location) equipment Intersection of Loga n Street and NEMA Controller Cabinet $8 ,000 Chenango Avenue Total Estimated Cost $75,000 • • • • • COUNCIL COMMUN ICATION Date: Age nda 11 c m : Suhjcct : D ece mber 20, ~004 9 a iv In tergo vern mental Ag ree ment with DRCOG for F\'0.J Miscell an eous . Equipmen t Purchase Initiated By: I Staff So urce: Department of Public Works Ri c k Kahm , Direc tor COUNC IL GOAL AND PREV IOUS COUNC IL ACTION No prev ious Co un cil ac tio n. RECOMMENDED ACTION StaH reques ts C oun ci l app rova l of a Bi ll for an Ordina nce to ent er in to an ag ree ment with th e Denve r Reg ional Coun ci l of Gove rnments (DR COG). Th is lnlergovernm enla l Agree men t w ill all ow DRCOG 10 reimburse th e Cit y of Englewood fo r th e sig nal system eq ui pment p u rchas es related l o F\'04 Misc. Eq uipment Purchas e program . BACKG RO UND, ANALYS IS, AND ALTERNATIVES IDENTIFIED The Traffi c Engineering Divisi on of Pub li c Works submi u ed an app l1 ca l ion l o DRCOG for miscell an eous equi pm ent p,irchases th rough the F\'04 Equipm ent Purchase progra m . DRCOG is res ponsibl e for monit orin g and ad mini sterin g thi s pro gram. Pr og ram appl ica ti ons are reviewed and sco red by DRCOG bas ed 0 11 previously se t c riteria . Englewood was awarded S7 5,000.00 towards the purchas e of mic;ce ll aneo us traffic signa l equ ipment for S.H . 285 and Loga n St., whic h in cl ud es a traffi c signal cab in et, sys tem detec ti on equ ipm ent, and signa l networks /co mmun icat ion equi pm ent. This program cove rs equipm ent µurcha ses onl y, with equ ipm ent in stall ation co mpl eted by Cit y fo rces. Th ese impro ve ment s should enhanc e co mput er traffi c sys tem con trol along th e S.H. 285 and Logan Str ee t co rrid ors. FINANC IAL IMPA CT There are no fina nci al obligati ons for th e Cit y, oth er than pr ov iding funds up fr ont for th e equipm en t purchas es, whic h will later be rei mbu rse d to th e Ci ty. Adeq uat e fund s ar e av 1il ab le in the Transport ati on Sys tem Upgrad~ acco un •. and wi ll be credi ted back to th is ac co unt with the re imbursemen t of federa l funds by DRCOG . LIST OF ATTACHMENTS Co ntr ac t. Bill fo r an Ordinance .