HomeMy WebLinkAbout2005 Ordinance No. 034•
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ORDINANCE NO. 3'-r
SE RIES OF 2005 --
BY AUTHORITY
COUNCIL BILL NO. 34
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
FOR FY05 MJSCELLANEOUS EQU IPMENT PURCHASES PROGRAM FOR
TRAFFIC EQUIPMEN"'.' BETWEEN THE DENVER REGIONAL COUNCIL OF
GOVERNMENTS (DRCOG) AND THE CITY OF ENG LEWOOD COLORADO.
WHEREAS, each year governments can submit applications to DRCOG , who is
res ponsible for monitoring and administering this program, to co mpete for available
federal funding for miscellaneous traffic signal equipment; and
WHEREAS, the Englewood Traffic Engineering Divi sion of Public Works submitted
an application to DRCOG for miscellaneous equipment purchases through the FY05
Equipment Purchase program ; an d
WHEREAS, Englewood was awarded $30,000 towards the purchase of miscellaneous
traffic signal equipment along the Broadway and Belleview corridors, which includes a
traffic signal cabinet, system detection equipment and signal networks/communication
with the City forces completing the equipment installation; and
WHEREAS, this will allow the Ci ty to control both corridors more efficiently,
selecting proper coordination pallcms using actual traffic demand as a gu ideline when
appropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The Intcrgo,•cmmcntal Agreement ·'Contract By And Between The
Denver Regional Council Of Governments and City of Englewood " -Project Number
543005, Contract Number EX05041, auachcd here to as Exhibit I , is hereby accepted
an d approved by the Englewood City Co un cil.
~ 2. The Mayor and City Clerk arc authorized to execute and allcst said
Agreement for and on behalf of the Ci ty of Englewood.
Introduced, read in full, and pa sse d on fir st reading on the 11'' day of July, 2005 .
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Published as a Bill for an Ordinance on the 15th day of July, 2005.
R~ad by title and passed on final reading on the I st day of August, 2005.
Published by title as Ordinance No.~. Serie s of ·uo5, en
2005.
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I, Loucrishia A. Ellis, City Clerk of the City of Eng!cwl){ld , Colorado, hereby
certify that the above and forego ing is a true co£¥, of th U":!~assed on final
reading and published by title as Ordinance No.~ Seriel o.v ' v~~,.t •
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CONTRACT BY AND BETWEEN THE
DENVE !'t REGIONAL COUNCIL OF GOVERNM ::, TS
("DRCOG")
450 0 Cherry Creek Drive South, Suite 800
Denver, Colorado 80246
and
CITY OF ENGLEWOOD
("CONTRACTOR")
1000 Engl~wood Parkway
Englewood , CO 80110
Project Num ber 543005 Contract Number EX05041
RECITALS :
A. DRCOG has received U.S. Department c,fTran sportation Congestion
Mitigation/Air Quality (CM/AQ) funds th rough the Co lorado Department of Transporta tion
(COOT), to carry out traffic signal system improvements and purchases in the Denver
metropolitan region in fiscal year 2C05 .
B. Authority exists in the law and funds have been budgeted , appro priated , and
otherwise made ava ilable and a suffic ient unencumb ered balance thereof remains
available for payment.
C. DRCOG desi res to engage the Contractor for the purchase of miscellaneous
traffic signal equipment cons istent with the Traffic Signal System Improvement Program
adopted July 2003 and fu rther desc ri bed in this contract and Exhibit A.
D. The Contractor agrees to comply with all relevant provisions of the contract
between DRCOG and COOT, incorporated herein by reference and made a part of this
contract , as if fully set forth , in the mon itoring and administration of th is contract.
NOW. THEREFORE , it is he reby agreed that
1. PURCHASE OF THE EQUIPMENT
a. General Requirements . The Contractor shall adm inister and purchase
the equ ipmen t as depicted in attached Exhibit A. wh ich is made a part of
th is contract, in accordance with Ti tl e 49 , Parts 18 and 19 , as appropriate ,
of the Code of Federal Regulations regard ing un iform adm inistra ti ve
requirements for sta te and local governments and other non-p rofit
organ izations .
b . Subm issic ,ns of Proceedings. C, ntract. and Other Documents . The
Contractor shall subm it to DRCOG all data , reports , records , contracts ,
and other docu ments collecte d and developed by the Contractor relating
to the project as.DRCOG may requ ire . The Contractor shall reta in intact,
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for three years following project closeout, all contract documents,
financial records, and supporting docu ments.
Award of Contract This contract is awarded to the Con tractor based
upon the Contractor's project application , which provides that the
Contractor be responsible for all expenses associated with acqu iring,
installing, and operating the equipmen~ excluding the actual purchase
co st of the equipment Contractor agrees that Contractor staff and
subcontractors engaged in such wi ll not be reimbursable as part of this
agreement. ·
No ORCOG Obllgaeons to Third Parties. DRCOG shall not be subject to
any obligations or liabilities to any person not a party to this contract in
connection with the performance of th is project pursuant to the provisions
of this contract without its specific written consent Neither the
concurrence in, or approval of, the award of any contract or subcontract
or the sollcits.1tlon thereof nor any other act performed by ORCOG under
th is contract constitutes such consent
2. ACCOUNTING RECORDS
a. Accounts. The Contractor shall establish and maintain as a separate set
of accounts, or as an integral part of Its current accounting scheme ,
accou nts for the equipment purchases to assure that funds are expended
and accounted for in a manner cons istent with this contract's agreements
and objectives .
b. Funds Rece ived or Made Available . The Contractor shall appropriately
record in the account all reimbursement payments received by It from
ORCOG pursuant to this contract.
c. Allowable Costs . Expenditures made by the Contractor shall be
reimbursable as allowable costs to the extent they meet all of the
requirements set forth below. Such expend itures must:
1) Be made In conformance with the description, budget , and all
other provisions of th is contract
2) Be actual net costs to the Contractor.
3) Be incurred for equ ipment purcha sed only as described in Exhibit
A, after the date of th is contract
4) Be treated uniformly and cons istently under generally accepted
accouoting principles .
5) Be in conform ance with the standards for allowabillty of costs set
forth In Office of Management and Budget Circulars N.... A-122 or
A~7. as appropriate , regarding cost principles for nonprofit
organizations and state and local governments .
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d. Documentation of Costs. Invoices, contracts , and/o r vouchers detailing
the nature of the charges shall support all equ ipment purchase costs
charged to th is co ntract.
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 i1gainst
this contract will be drawn on ly in accordance with a properly signed
voucher then on file in the office of the Contractor, which will detail the
purpose for which said check or order is drawn . All checks , payrolls,
invoices , contracts , vouchers, orders , or other accounting documents
pertaining in whole or in part to the project shall be clearly identified,
readily accessible, and, to the extent feas ible , kept separate, and apart
fro m all other such do cu ments.
f. Audits and Inspections . At any time during ,v,rmal business hours and as
often as DRCOG, COOT and U.S. Departm,mt of Transportation
(hereinafter, •usoor), and/or the Comptroller General of the United
States may deem necessary, there shall be made available to DRCOG,
COOT, USOOT and/or representatives of the Comptroller General for
exam ination , all records with respect to all matters covered by this
conto-act 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
contrac is, invoices , materials , payrolls, reco rd s of personnel, rond ltions
of employmen t and other data relating to all matters covered by this
contract .
3. TIME OF PERFORMANCE
This contract shall commence upon execution and shall exp ire 9 months fro m
the date of execution .
4. COST OF EQUIPMENT PURCHASES
The cost for equipment purchases in which federal funds are participating shall
not exceed $30,000.00 (Thirty Thousand Dollars).
The Contractor agrees to provide all installation and operation of the purchased
equipment at its expense.
5. REQUEST FOR PAYMENT BY THE CONTRACTOR
a. Award . DRCOG shall reimburse the Contractor up to $30,000.00 (Thirty
Thousand Dollars) for the purchaS() of traffic signal equipment as
described in the attached Scope of Services .
b. ~-Payment shall be made on the following basis : AflP.' reci?ipt of
the equ ipment , the Con t-a ctor shall submit the invoice to the DRC IJG
Accounting Department for reimbursement DRCOG will incorporate the
Invoice Into its next bill lo COOT. Upon receipt of payment from COOT by
DRCOG and u110n verification by DRCOG that the Contractor has
installed the equipment and that the equipment is operating as intended,
DRCOG will reimburse th e Contractor for the amount of the Contractor's
invoice . It is the Cont,actor's sole responsibility lo install the equipment
and contact DRCOG for field verification prior to receiving
reimbursement.
6. MANAGEMENT
a. DRCOG Representative .· DRCOG has designated Jerry J. Luer as its
representative who will coordinate reviews , approvals, and authorizations .
b. Contractor's Representative. The Contractor has designated
Ladd 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 time a contractor
representative is not ass igned for this contract, the Contractor shall
immediately notify DRCOG and work shall be suspended until a
representative has been assigned who is acceptable lo DRCOG
c. By signing this agreement , the Contractor also represen ts that its
organ ization and its principals are not suspe nd ed or debarred per Federal
requirements .
7. PERSONNEL
The Contractor repres ents it will provide and secure the personnel required in
installing, maintaining and operating the equipment listed in Exhibit A All of the
services required hereunder will be performed by the Contractor or under its
supervis ion , and all personnel enga,;ied in the work shall be fully qualified and
shall be authorized under State and local law lo perform such services . Such
personnel shall not be employees of or have any contractual relationship with
DRCOG Any subcon tracts entered in to by the Contractor associated with this
Contract shall inc lude ~ statement that the parties to the subcontract understand
that DRCOG is not obligated or liable in any manner to lhe subcontractor or for
the performance by the Contractor of its obligations under the subcontract.
8. TERMINATION
a. Funds not Available. In the event that CM/AO funds are not made available
to DRCOG per Recital A, this Agreement sha ll terminate immediately.
b. Term ination for Mutual Convenience. The parties may, with the concurrence
of COOT, terminate this agreement if both parti~s agree that the equipment
purchases specified in Exhibit A would not produce beneficial results.
c. Term ination of Contract for Cause . If through any cause, excluding force
majere, the Contractor shall fail to fulfill in timely and proper manner it's
obligations under this contract, or if the Contractor shall violate any of the
covenants, agreements, or stipulations of this contract , DRCOG shall
thereupon have the 1ight to term in ate this contract by giving written notice to
the Contractor of such termination wh ich shall be effective upon rece .ot of the
written notice. In that ev ent , DRCOG shall not be required to re imburse the
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Contractor for any equipment purchases not yet billed to COOT .
Notwithstanding the above . the Contractor shall not be relieved of lia bi lity to
DRCOG for any damages sustained by DRCOG by virtue of any breacl-: of
the contract by the Contractor.
d. Termination for the Convenience of DRCOG . DRCOG may terminate this
contract at any time by giving written notice to the Contractor of such
termination . which shall be effective upon receipt of the written notice . If the
contract is terminated by DRCOG as provided herein , the Contractor shall be
entitled to receive compensation for any equipment purchases made prior to
the effective date of such termination, subject to field verifications being
completed to 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 , regulations. and orders regarding equal employment
opportunity. In the event of the Contractor's non-compliance with the non-
discrimination clauses of this contract or with any of such rules, regulations , or
orders, thi s contract may be canceled, terminated or suspended in whole or in
part and the Contractor may be declared ineligible for further contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity
nd Affirmative Action of April 16, 1975 and the rules. regulations , or orders
promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal
Opportunity and Affirmative Action of April 1il , 1975. or by rules, regulations, or
orders promulgated in ar • irdance therewith, or as otherwise provided by law.
INTEREST OF MEMBERS OF DRCOG AND OTHERS
No officer, member, or ~mployee of DRCOG and no members of its governing
body, and no other public offic ial of the governing body of the locality or localities
in which the project is situated or being carried out who exercises any funct ions
or responsibilities in the review or approval of the undertaking or carrying out of
this project, shall participate in any decision relating to thi s 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 contra ct or the proceeds thereof.
INTEREST OF THE CONTRACTOR
No officer, member, employee or agent of the Contractor or any other person
who is authorized to exercise any functions or responsibilities in connection with
the negotiating, rev iew or approval or the undertaking or carrying out of any
segment of the program contemplated by this contra ct shall have any financial or
other personal interest, direct or indirect , in this contract or any subcontract
thereunder, or in any real or personal property acquired therefor. Any person
who shall involuntarily acquire any such incompatible or conflicting personal
interest shall immediately disclose his/her interest to DRCOG in writing .
Thereafter (s)he shall not partic ipate in any action affecting the program under
this contract unless DRCOG shall hiive determined that, in light of the personal
interest disclosed , the participation in such action would not be cCJntrary to the
public interest.
12. OFFICIALS NOT TO BENEFIT
No member or delegate to the Congress of the United States of America and no
resident commissioner, sha ll be admitted to any share or part hereof or to any
benefit to anse he re from, except as a member of the public .
13. INDEMNIFICATION
The Contracto r is an independent contractor and not an emp loyee of DRCOG
As an independent contractor. the Contractor is not entitled to workers'
compensation benefits except as may be provided by the Contractor nor lo
unemployment insurance benefits unless unemployment compensation coverage
is provided by the Contractor or some other entity. The Contra cto r is obligated to
pay all applicable federal and state income tax on any moneys earned or paid
pursuant to this contract relationsh ip. The parties agree that th e Co11tractor is
free from the direction and control of ORCOG except such control as may be
required by any state or federal statute or regulation . and that ORCOG does not
require the Contractor to work exclusively for DRCOG ; does not establish a
quality s•-andard for the Contractor, does not provide train ing , or does not prov ide
tools or benefits of perfomiance by the Contractor except through a completion
schedule.
To lhe extent allowable by law, the Contractor shall indemnify, save and hold
harmless DRCOG, its officers, employees and agents , against any and all
cla ims , d;images, 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 assoc iated with this Contract. stating that the subcontractor agrees
to indemnify, save and hold nam,less ORCOG for negligent acts or omiss ions of
the subcontractor, its employees, agents , subcon tractors, and assignees .
14. FEDERAL REQUIREMENTS
The Contractor shall at all times during the execution of this contract strictly
adhere to. and comply with, all applicable federal and state iaws, and their
implementing regulations , as they currently exist and ma y hereafter be amended,
wh ich are incorporated herein by this reference as le mis and conditions of this
contract. The Contractor shall also require compliance with these statutes and
regulations in subcontract agreements associated with th is Contract.
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The Contractor agrees lo abide by and follow all applicable federa , and state
guidelines when expend ing any funds resulti ng from this contract. This includes,
but is not limite<. to , the Procurement Standa rds set forth in Subpart C of 0MB
Circul ar A-110 and the applicable provis ions of the Fed eral Acquisition
Regulation ("FAR"), together with any add itions or supplements thereto •
promulgated by the Fund ing Agency . Current regulations can be found at
~.ttp :/lwww .amet.gov/farl .
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To the extent allowable by law, the Contra ctor agrees to Indemnity, save and hold
harmless, DRCOG, its officers , employees , agents, subcontractors , and
assignees should these regulatfons not be followed .
CHANGES
All changes to th i co ntract shall be In the fonn of a written supplemental
agreement, signed by the parties to this agreement
18. GENERAL
By :
By signing this agreement, the Grantee represents that its organization and its
principals are not suspended or debarred per Federal requirements .
Th is contract represents the entire agreement between the Contractor and
DRCOG, replacing and superseding any previous contract, oral or written, which
may have existed between the parties relating to the matters set forth herein .
IN WITNESS WHEREOF, the parties hereto have executed this contract on the
__ day of _________ _, 2005 .
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
Jennifer Schaufele
Executive Director
CITY OF ENGLEWOOD
By: ____________ _
Douglas Garrett, :,tayor
ATTEST: ATTEST:
By:
Betty L. Mccarty
Administrative Officer
By: ___ ,__..,....----.,...----
Loucrishia A. Ellis
City Clerk
EXHIBIT A
DRCOG Signal Equipment Purchase
Scop.e of Services
The City of Englewood will purchase traffic signal and communication equipment
for its traffic signal system at various loca1ions in the city . The equipment to be
purchased , and the locations for deploym t:l nt consist of:
Location Equipment Estimated Cost
Belleview & Clarkson Fiber optic transce iver $1 ,850
Belleview & Loga n NEMA controller cabinet $10 ,500
Fi ber optic transceiver $1,850
Broadway & Kenyon Fiber optic transceiver $1,850
Belleview (Clarkson to Broadway) Fiber optic cable $2 ,550
Broa dwa y (Kenyon to City Hall) Fiber optic cabl e $9,550
Fiber optic transceiver $1 ,850
Total Estimated Cost $30,000
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COUNCIL COMMUNICATION
Date : Agenda Item : ;ubject :
Ju ly 11 , 2005 9 a i IGA wi th DRCOG fo r F\'05 Miscell aneo us
Equip ment Purchase
Initiated By : Staff Source :
D epartm ent of Pu blic Works Rick Ka hm, Director
Lad d Vos try, Tr affic Enginee r
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ci ty Coun ci l approved a Bill fo r an O rdin ance ir. 2004 to enter into an ag ree ment w ith the D enve r
Reg ional Council of Governm ent s (DRC O G) to all ow D RCO G to reimburs e th e City of Engl ewood
fo r mis ce ll aneous tra ffi c signal equipment.
RECOMMENDED ACTION
Recomme ndati on fro m th e Pu bli c Wor ks D epartment to adopt a Bill fo r an O rd inance to enter into
an Interg ove rnm ental Agreement (I G A) w ith th e Denve r Reg ional Co uncil of Gove rnm ents
(DR COG) fo r 2005. Thi s IGA w ill all ow DRCOG to reimburse th e City of Engl ewood for th e signa l
sys tem equipm ent purcha ses in th e amount of $30,000 related to t he F\'0 5 Misce il an eo us
Equipm ent Pur chase prog rnm.
BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFIED
The Traffic Engin ee rin g D ivision of Publi c Work s submitt ed an applica ti on to DR COG for
misce ll aneo us equi pment purchases th ro ugh th e F\'05 Equi pment Pur chas e prog ram . DRCO C is
res pons ible for moni to rin g and admin istering thi s Fe deral prog ram . Pr og ram applica ti ons are
rev iewed and scored by D RCOG base d on prev iously se t criter ia. Englewood has been awa rd ed
$30,000 towa rds the purchase of misce ll aneo us tr affic sig nal equ ipmen t w hic h inclu des a traffic
signa l cabin et and sig na l networks /comm unica tion equipmen t fo r 2005.
This prog ram covers eq uip ment purchases on ly, wit h equ ip ment install ati on co mpl eted by City
fo rces . These improve ment s shoul d enh ance co mpu ter tr affic sys tem co nt ro l along th e Broadway
and Bellev iew corridors.
FINANCIAL IMPACT
Th ere are no fi nancia l o bliga ti ons fo r th e City o th er tha n prov idin g fu nds up fron t fo r the equipment
purchas es w hich wi ll later be reimburs ed to th e Ci ty Adequ ate fun ds are ava il abl e in th e
Tr anspor tati on Sys tem Upgrade ac count and w ill be credited bac k to thi s acco unt w ith th e
reim b urs ement of Fed eral fu nds bv DRCOG .
LIST Of ATTACHMENTS
Bill for an Ordinance
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