HomeMy WebLinkAbout2022 Ordinance No. 0591
BY AUTHORITY
ORDINANCE NO. 59 COUNCIL BILL NO. 66
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE DENVER REGIONAL COUNCIL
OF GOVERNMENTS AND THE CITY OF ENGLEWOOD, COLORADO
FOR MALLEY SENIOR CENTER SIDEWALK IMPROVEMENTS
WHEREAS, the approval of this Intergovernmental Agreement with Denver Regional
Council of Governments (“DRCOG”) will provide grant funds for making sidewalk and crosswalk
improvements near the Malley Senior Recreation Center; and
WHEREAS, DRCOG is a designated recipient of Federal Transit Administration (“FTA”)
funds for the Denver-Aurora Urbanized Area (“UZA”) under Section 5310 Enhanced Mobility of
Seniors and Individuals with Disabilities, which aims to improve mobility for seniors and
individuals with disabilities by removing barriers to transportation service and expanding
transportation mobility options; and
WHEREAS, staff of the Public Works Department of the City of Englewood (“City”)
applied to DRCOG for Section 5310 funds for sidewalk and crosswalk improvements near the
Malley Senior Recreation Center to improve mobility for adults aged 60 and older, individuals
with disabilities, and other vulnerable populations in the City; and
WHEREAS, DRCOG is willing to make Section 5310 funds available to the City for the
proposed project, which includes reconstructing the sidewalk near the Malley Senior Recreation
Center; and
WHEREAS, the estimated cost of the project is $275,000.00, with $50,000 anticipated in
design support and $225,000 in construction costs; and
WHEREAS, the cost to the City is $55,000.00 in project matching funds, and funding for
the City share of this project has been allocated in the Public Improvement Fund, and
WHEREAS, the passage of this Ordinance will permit the City of Englewood utilize
DRCOG funding for the project, authorize the appropriation of matching funds in the amount of
$55,000.00, and approve the Intergovernmental Agreement between the City and DRCOG for
making sidewalk and crosswalk improvements near the Malley Senior Recreation Center.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of Englewood, Colorado, hereby accepts and approves the
Intergovernmental Agreement between the Denver Regional Council of Governments (DRCOG)
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and the City of Englewood, Colorado for Malley Senior Center Sidewalk Improvements, a copy
of which is attached hereto as Exhibit A.
Section 2. The following general provisions and findings are applicable to the interpretation
and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. The Mayor is further authorized to accept funds administered through
the DRCOG for and on behalf of the City of Englewood, Colorado. In the absence of the Mayor,
the Mayor Pro Tem is hereby authorized to execute the above-referenced documents and accept
said funds. The execution of any documents by said officials shall be conclusive evidence of the
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approval by the City of such documents in accordance with the terms thereof and this Ordinance.
City staff is further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance.
Introduced, read in full, and passed on first reading on the 17th day of October, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th
day of October, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 19th
day of October, 2022. for thirty (30) days.
Read by Title and passed on final reading on the 7th day of November, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 59, Series of 2022, on the
10th day of November, 2022.
Published by title on the City’s official website beginning on the 9th day of November, 2022 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and
foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No.
59, Series of 2022.
Stephanie Carlile
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CONTRACT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
1001 17th Street, Suite 700
Denver, Colorado 80202
(“DRCOG”)
and
CITY OF ENGLEWOOD
1000 Englewood Parkway
Englewood, Colorado 80110
(“CONTRACTOR”)
for
Malley Senior Center Sidewalk Improvements
Project Number 412022 Contract Number EX22017
RECITALS:
A. DRCOG is a designated recipient of Federal Transit Administration (FTA) funds
under Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities, which aims to
improve mobility for seniors and individuals with disabilities by removing barriers to transportation
service and expanding transportation mobility options.
B. Contractor has submitted a proposal requesting Section 5310 funds to perform the
tasks and activities described in Exhibit A.
C. DRCOG is willing to make Section 5310 funds available to Contractor in
accordance with the terms and conditions of this Contract.
NOW THEREFORE, the parties hereto mutually agree as follows:
1.0 SCOPE OF WORK
1.1 Performance of Work. Contractor agrees to perform for DRCOG all of the tasks and
activities set forth in Exhibit A attached hereto and incorporated herein by reference (hereinafter the
“Work”).
1.2 Assurances. In addition to all other obligations contained herein, Contractor
agrees: (a) to accurately proceed with diligence and promptness and to perform the Work in
accordance with the highest professional workmanship and service standards in the field to the
satisfaction of DRCOG; (b) to produce Work that is free from any material errors or omissions;
and (c) to comply, at its own expense, with the provisions of all state, local and federal laws,
regulations, ordinances, requirements and codes which are applicable to the performance of the
Work hereunder or to Contractor as an employer.
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2.0 APPLICATION OF FEDERAL REQUIREMENTS
2.1 FTA Master Agreement. Contractor understands and agrees that its receipt of
Section 5310 funds is contingent and conditioned on its compliance with the terms and
conditions of the federal award as set forth in the FTA Master Agreement, as amended from
time to time. The terms and conditions of the FTA Master Agreement are hereby incorporated
herein and made a part hereof for all purposes as if fully set out. Any conflict between this
agreement and the FTA Master Agreement shall be resolved in favor of the FTA Master
Agreement. Any violation of a Federal requirement by the Contractor can result in an
enforcement action undertaken by FTA and termination of this Contract by DRCOG and/or FTA.
The current version of the FTA Master Agreement is available at:
https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-
agreements
2.2 Compliance. Contractor shall at all times during the term of this Contract strictly
adhere to, and comply with, all applicable federal and state laws and their implementing
regulations, as they currently exist and may hereafter be amended, which are incorporated herein
by this reference as terms and conditions of this Contract. Contractor shall also require
compliance with these statutes and regulations in subcontracts. Without limiting the foregoing,
Contractor shall comply with all applicable laws set forth in Exhibit B, attached hereto and
incorporated herein by reference.
2.3 Funding Contingency. Contractor understands and agrees that should the FTA
disapprove this Contract or refuse or fail to make the grant to DRCOG as contemplated by this
Contract, then this Contract shall be void and shall not be binding on any parties hereto. DRCOG
is not responsible for providing any funding to substitute for the federal funds in the event the
grant is withdrawn or not provided for any reason.
3.0 TIME OF PERFORMANCE
The term of this Agreement shall commence upon execution and shall end August 31, 2023. No
work shall commence and no reimbursable costs shall be incurred prior to the execution of this
Agreement, as reflected by the execution date herein.
4.0 PAYMENT TERMS
4.1 Maximum Amount. The total cost of the Agreement shall not exceed Two
Hundred and Twenty Thousand Dollars ($220,000.00). The foregoing amounts of compensation
shall be inclusive of all costs of whatsoever nature associated with the Contractor’s efforts,
including but not limited to salaries, benefits, overhead, administration, profits, and expenses.
4.2 Local Match. Contractor is responsible for providing local matching funds in the
amount of Fifty-Five Thousand Dollars ($55,000.00).
4.3 Allowable Costs. Contractor shall only be reimbursed for costs incurred for the
performance of this Contract which are determined by DRCOG to be allowable, allocable, and
reasonable in accordance with the following cost principles:
(a) Be in conformance with the Scope of Work, the approved budget and all
other terms of this Agreement;
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(b) Be necessary to accomplish the Work;
(c) Be reasonable for the goods or services purchased;
(d) Be the actual net costs to the Contractor;
(e) Be incurred for Work performed after the effective date of this Contract;
(f) Be satisfactorily documented;
(g) Be eligible for federal participation under federal laws, regulations or
directives;
(h) Be consistent with federally approved accounting principles and
procedures, including requirements for indirect costs, in compliance,
consistent with U.S. Department of Transportation regulations, “Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S.
OMB regulatory guidance, “Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200;
and
(i) Be in compliance with the Master Agreement and any amendments thereto.
4.4 Erroneous Payments. Incorrect payments to the Contractor due to omission, error,
fraud, or defalcation shall be recovered from the Contractor by deduction from subsequent
payments under this Contract or other contracts between DRCOG and Contractor, to the extent
permitted by federal and state law, or shall be reimbursement by Contractor to DRCOG upon
demand.
5.0 INSURANCE AND INDEMNIFICATION
5.1 Coverage Amounts. Contractor shall procure and maintain, and shall cause each
subcontractor of Contractor to procure and maintain the minimum insurance coverages listed
below. All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by Contractor pursuant to this Contract. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured
by Contractor to maintain such continuous coverage.
(a) Workers’ Compensation in statutory limits.
(b) Employer's Liability Insurance: $100,000/each accident, $500,000/ disease
- policy limit, and $100,000/disease - each employee.
(c) Commercial General Liability Insurance: $1,000,000/Occurrence.
(d) Automobile Liability or Hired & Non-Owned Vehicle Liability Insurance:
$1,000,000/each accident.
5.2 Additional Insured. DRCOG, its officers and employees shall be named as additional
insured for the Contractor's General and Automobile Liability policy under sections Certificate
Holder and Description of Operations. In addition, the term of the Contract and the Contract
number must be outlined under the Description of Operations.
5.3 Coverage Requirements. All coverages shall be continuously maintained from the
date of commencement of services hereunder, and in the case of any claims-made policy, the
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necessary retroactive dates and extended reporting periods shall be procured by Contractor so
as to maintain such continuous coverage. Contractor shall not be relieved of any liability, claims,
demands, or other obligations assumed pursuant to this Contract by reason of its failure to procure
or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient
amounts, durations, or types. All insurance policies required hereunder shall include clauses
stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against
DRCOG, its officers, agents, employees and volunteers.
5.4 Cancellation. The insurance shall include provisions preventing cancellation without
30 days prior notice to DRCOG by certified mail.
5.5 Certificates of Insurance. Contractor shall provide certificates showing adequate
insurance coverage as required by this Section to DRCOG with the signed Contract. No later
than 15 days prior to the expiration date of any such coverage, Contractor shall deliver to DRCOG
certificates of insurance evidencing renewals thereof. Upon request by DRCOG at any other time
during the term of this Contract, Contractor shall within 10 days of such request supply to DRCOG
evidence satisfactory to DRCOG of compliance with the provisions of this Section. Contractor
shall provide certificates for its subcontractors immediately upon request by DRCOG.
5.6 Indemnification.. Each Party agrees to be responsible for its own actions or
omissions, and those of its officers, agents, and employees in the performance or failure to
perform work under this Agreement. Contractor shall include language in any subcontract
associated with this Agreement stating that the subcontractor agrees to indemnify, save and hold
harmless DRCOG for negligent acts or omissions of the subcontractor, its employees, agents,
subcontracts, and assignees. Nothing herein shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protection, or other provisions for
the parties, of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
6.0 RECORDS; INSPECTION AND AUDIT
6.1 Records. Contractor shall maintain a complete file of all records, documents,
communications, and other written materials which pertain to the Work, and shall maintain such
records for a period of three (3) years after the date of termination of this Contract or final payment
hereunder, whichever is later, or for such further period as may be necessary to resolve any
matters which may be pending.
6.2 Audit by DRCOG. DRCOG reserves the right to audit the Contractor’s books and
records for a period of three years after the expiration or termination of this Contract in order to
validate the allowability of amounts paid under this Contract. Any amounts not allowed under
Federal rules shall be reimbursed by the Contractor or offset against current obligations due by
DRCOG to the Contractor as permitted, to the extent permitted by federal law, at DRCOG’s
election. In the event this Contract is terminated, final payment to the Contractor may be withheld
at the discretion of DRCOG until completion of a final audit.
6.3 Inspection. During the Contract term, the retention period and as long thereafter as the
records are maintained, at any time during normal business hours, Contractor shall make
available to DRCOG or its authorized representatives, any books, documents, papers or other
records of the Contractor with respect to all matters covered by this Contract in order to make
audit, examination, excerpts, and transcripts. Failure to make records available for inspection
within 72 hours of notice shall be deemed a violation of the Contract. Contractor agrees to permit,
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and to require its subcontractors, to permit DRCOG to have access to the sites of performance of
the Work and to make site visits as needed to ensure compliance with applicable federal
regulations and this Contract.
6.4 Contractor Audit. Contractor shall ensure that an annual independent audit is conduct-
ed of the Contractor’s financial records in accordance with the requirements of the Single Audit
Act Amendments of 1996, 31 U.S.C. § 7501, et seq., and applicable U.S. DOT “Single Audit”
requirements of 2 CFR Part 1201, which incorporate by reference 2 CFR Part 200. Contractor
shall, upon request, make a copy of the audit available for review by DRCOG. Should an audit
or other financial review disallow any reimbursed costs, the disallowed funds shall be returned to
DRCOG or, in DRCOG’s discretion and to the extent permitted by federal and state law and
regulations, offset against current or future payments to Contractor. Failure to fulfill these audit
obligations is a breach of this Contract and will subject Contractor to all remedies available herein
and at law.
7.0 DEBARMENT, SUSPENSION
By signing this Contractor, the Contractor represents that its organization and its principals and
employees are not suspended or debarred from receiving federal funds and there are no pending
proceedings for suspension or debarment. Further, Contractor represents that it is not listed on
the government-wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101
note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment
and Suspension. Contractor agrees to include, a similar provision in each lower tier subcontract,
ensuring that each lower tier subcontractor (i) complies with federal debarment and suspension
requirements; and (ii) reviews the SAM at https://www.sam.gov, if necessary to comply with U.S.
DOT regulations, 2 CFR Part 1200.
8.0 TERMINATION; BREACH
8.1 Termination for Cause. If the Contractor fails to meet performance measures set by
DRCOG, fails to fulfill in a timely and proper manner its obligations under this Contract, or violates
any of the covenants, agreements, or stipulations of this Contract, DRCOG shall have the right to
terminate this Contract by giving written notice to the Contractor of such termination, the reasons
for such termination, and specifying the effective date thereof, at least 5 days before the effective
date of such termination, unless a shorter time is set forth herein for any failure to fulfill
Contractor’s obligations.
8.2 Termination Due to Loss of Funding. Contractor understands and agrees that it is to be
paid, reimbursed, or otherwise compensated with funds provided to DRCOG under a federal grant
and that all its rights, demands, and claims to compensation arising under this Contract are
contingent upon receipt of such funds by DRCOG. In the event that such funds or any part thereof
are not received by DRCOG, DRCOG may immediately terminate this Contract without liability,
including costs for termination.
8.3 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 Work performed prior to the effective
date of such termination, subject to such services being completed to the satisfaction of DRCOG.
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8.4 Liability. Contractor shall not be relieved of liability to DRCOG for damages sustained
by DRCOG due to any breach of the Contract by the Contractor, and DRCOG may withhold any
payments to the Contractor for the purpose of setoff until such time as the exact amount of
damages due DRCOG from the Contractor is determined.
8.5 Remedies. If the Contractor violates or breaches terms of this Contract, DRCOG, at its
discretion, may institute such administrative, contractual or legal remedies available to DRCOG
as may be appropriate. DRCOG may take one or more of the following actions, as appropriate in
the circumstances:
1. Temporarily withhold payments pending correction of deficiency by the Contractor.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Wholly or partly suspend or terminate the Contract, including suspending the Contract
and services provided under the Contract pending any audit or other investigation.
4. Withhold further Contracts with Contractor.
5. Take any other remedies that may be legally available.
8.6 Corrective Action. If the Contractor fails to fully expend the contracted funds in a timely
manner or fails to conform to the terms and conditions of this Contract, then DRCOG may, in its
sole discretion and in addition to any other remedies it may have, require that a corrective action
plan be prepared by a date specified by DRCOG and suspend payments under the Contract until
Contractor prepares a corrective action plan satisfactory to DRCOG. Further, DRCOG shall have
the right, upon issuance of notice to the Contractor and without necessity of an amendment, to
retain and reallocate any of the funds remaining under this Contract in the event of any termination
or any failure of the Contractor to provide the Work in accordance with this Contract or a corrective
action plan. Nothing in this subsection shall require that DRCOG accept a corrective action plan
in lieu of exercising its rights to terminate this Contract.
8.7 Project Material. In the event of termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, and reports or other material prepared
by the Contractor under this Contract shall, at the option of DRCOG, become its property, and the
Contractor shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
8.8 The Parties understand and acknowledge that Contractor is subject to Article X, § 20
of the Colorado Constitution ("TABOR"). Neither party intends to violate the terms and
requirements of TABOR by the execution of this Contract. It is understood and agreed that this
Contract does not create a multi-fiscal year direct or indirect debt or obligation within the meaning
of TABOR and, therefore, notwithstanding anything in this Contract to the contrary, all payment
obligations of the Contractor are expressly dependent and conditioned upon the continuing
availability of funds for the Contractor beyond the term of the Contractor’s current fiscal period
ending upon the next succeeding December 31. Financial obligations of the Contractor payable
after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available in accordance with the rules, regulations, and
resolutions of the individual paying party and other applicable law. Upon the failure to appropriate
such funds, this Contract shall be terminated.
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9.0 MISCELLANEOUS TERMS
9.1 Subcontractors. Contractor may utilize subcontractors to assist with non-specialized
services as necessary to complete the Work provided that it first submits any proposed
subcontractor and the description of their services to DRCOG for its written approval. DRCOG
will not work directly with the subcontractors. The terms and conditions of this Contract shall flow
down to all tiers of subcontractors. Contractor is responsible for ensuring its subcontractors
adhere to the terms of conditions of this Contract.
9.2 Independent Contractor. Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Neither Contractor nor any agent or employee
of Contractor shall be deemed to be an agent or employee of DRCOG. Contractor shall not have
authorization, express or implied, to bind DRCOG to any agreement, liability or understanding,
except as expressly set forth herein. Contractor and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through DRCOG and
DRCOG shall not pay for or otherwise provide such coverage for Contractor or any of its
agents or employees. Contractor shall pay when due all applicable employment taxes and
income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i)
provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (ii) provide proof thereof when requested by
DRCOG, and (iii) be solely responsible for its acts and those of its employees and agents.
9.3 Safeguarding Personally Identifiable Information. If Contractor will or may receive
personally identifiable information (PII) under this Contract, Contractor shall comply with the
obligations of a “Third-Party Service Provider” as defined in C.R.S. § 24-73-103(1)(i), including
but not limited to: (a) implementation and maintenance of reasonable security procedures and
practices that are appropriate to the nature of the PII disclosed to Contractor and reasonably
designed to help protect PII from unauthorized access, use, modification, disclosure, or
destruction; and (b) complying with the statutory duty to notify and cooperate with DRCOG in the
event of a security breach that compromises personal information in the most expedient time and
without unreasonable delay. For purpose of this Contract, “PII” shall be as defined in C.R.S. § 24-
73-103(1)(g).
9.4 Litigation Reporting. If Contractor is served with a pleading or other document in
connection with an action before a court or other administrative decision making body, and such
pleading or document relates to this Contract or may affect Contractor’s ability to perform its
obligations under this Contract, Contractor shall, within 5 days after being served, notify DRCOG
of such action and deliver copies of such pleading or document to DRCOG.
9.5 No Third Party Beneficiaries. It is expressly understood and agreed that enforcement
of the terms and conditions of this Contract, and all rights of action relating to such enforcement,
shall be strictly reserved to DRCOG and Contractor, and nothing contained in this Contract shall
give or allow any such claim or right of action by any other third party on such Agreement.
9.6 Assignment. This Contract shall not be assigned by Contractor without the prior
written consent of DRCOG.
9.7 Choice of Law, Venue, Jurisdiction. Colorado law, and rules and regulations issued
pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
Contract. Any provision included or incorporated herein by reference which conflicts with said
laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall
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be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City
and County of Denver.
9.8 Employing Workers Without Authorization. Exhibit C, the “DRCOG Contractor
Services Contract Addendum-Prohibition Against Employing Workers Without Authorization”, is
attached hereto and incorporated herein by reference. If the amount of this Agreement is more
than $3,000, Contractor must also comply with the E-Verify Federal Contractor Rule as further
explained in Exhibit D, attached hereto and incorporated herein by reference, which requires the
Contactor to use the E-Ve rify program to verify the employment eligibility of all employees
assigned to the Agreement and all new hires. If Contractor uses one or more subcontractors to
provide services under the Agreement, Contractor shall include the language set forth in Exhibit
D in any subcontract that is: (1) for commercial or noncommercial services or construction; (2)
has a value of more than $3,000; and (3) includes work performed in the United States.
9.9 CORA Disclosure. To the extent not prohibited by federal or state law, this Contract
and the Work are subject to public release through the Colorado Open Records Act, CRS § 24-
72-200.1, et seq., as may be updated from time to time.
9.10 Exhibits. The parties agree that this Contract is also subject to the provisions set forth
in Exhibits A, B, C and D, attached hereto and incorporated herein by reference.
9.11 Authority. The undersigned signatories of Contractor represent that they have been
duly authorized to execute this Contract and have full power and authority to bind Contractor to
the terms and conditions hereof, and certify that their signatures below, whether handwritten,
electronic, or digital or submitted by facsimile or electronic mail are their own. Contractor further
understands and agrees that no further certification authority or third-party verification is
necessary to validate any signature hereto and that the lack of such certification or verification
will not in any way affect the enforceability of the Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the ________
day of __________________________, 20___.
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
CITY OF ENGLEWOOD
By: By: ________________________________
Douglas W. Rex
Executive Director
ATTEST: ATTEST:
By: By: ________________________________
Jenny Dock
Division Director, Administration and Finance
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EXHIBIT A: SCOPE OF WORK AND CONDITIONS
Denver Regional Council of Governments (DRCOG)
Title of
Project
Malley Senior Center Sidewalk Improvements
Recipient City of Englewood DUNS # 075750133
Contact
Name
Jake Warren Phone # 303-762-2517
Address 1000 Englewood
Parkway
Englewood, CO 80110
Email: jwarren@englewoodco.gov
Total Project Budget
Funding Source Amount
Contracted Funds $220,000.00
Cash Match $55,000.00
In-kind Match $0.00
Program Income $0.00
Agency Overview
The City of Englewood is a local municipality in the state of Colorado.
Service: Capital project – Sidewalk Improvements
A. Service Description
• The city will make significant sidewalk, crosswalk, and curb ramp improvements near the
Malley Senior Recreation Center (MSRC) located at 3380 S. Lincoln St. This project will
replace the existing sidewalk near the MSRC to remove trip hazards, replace deteriorated
sidewalk, and bring all the sidewalk into compliance with federal ADA guidelines.
• The city will replace 1,925 linear feet of sidewalk including the sidewalk along the east
side of S Lincoln Street between E Hampden Avenue and E Floyd Avenue. The
Sidewalk/drive-way access to the parking lots on the west wide of Lincoln to the west of
the MSRC. The sidewalk on both sides of the E Girard Avenue between S Lincoln Street
and S Sherman Street. (Attachment A: MSRC Sidewalk Replacement Map)
• The city will replace 5 curb ramps in accordance with current ADA standards. And repaint
5 crosswalks in the area. Crosswalks repaints will include curb extensions/”Paint & Post”
curb bulb outs at crosswalks where Rectangular Rapid-Flashing Beacons will be placed.
• In accordance with the Pedestrian Traffic Control Plan (Attachment B):
o The city will maintain access to all adjacent properties during construction,
including access for individuals with disabilities.
o The city may close parking lanes adjacent to proposed work
o The city shall not encroach on travel lanes
o Where multiple driveways access a property, contractor shall maintain full access
to at least one driveway
o Where only one driveway exists, the city shall construct in two phases to
maintain access.
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o The city will coordinate with RTD to relocate bus stops during construction; the
city will provide information signage about relocation
• In accordance with the Communication Plan (Attachment C) the city shall communicate
with businesses and residents about impacts in the area prior to beginning construction.
• Work on this project cannot begin until approval of the NEPA Categorical Exclusion is
provided by the Federal Transit Administration.
B. Service Budget
Award
Funding Source Project
#
CFDA
#
Amount
Contracted Funds 412022 20.513 $220,000.00
Cash Match $55,000.00
In-kind Match $0.00
Program Income $0.00
Federal Award Information
Federal Awarding Agency Federal Transit Administration
FAIN CO-2022-022-00
Federal Award Date 08/17/2022
Indirect Rate Charged to
Grant
0%
Expenses
Personnel $0.00
Travel $0.00
Equipment $0.00
Contractual Services $275,000.00
Consultant Design Fee for PS&E; Construction Contracting
Staff Training/Education $0.00
Supplies $0.00
Indirect $0.00
Other Expenses $0.00
Total $275,000.00
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C. Projected Units and Clients/Milestones
Milestone Est Date of
Completion Description
Design Phase 12/20/2022 City will design project and execute
communications plan
Construction
Phase 1 06/03/2023 Demo, Frame, Pour/cure sidewalk
Construction
Phase 2 06/25/2023 Demo, Frame, Pour/cure sidewalk
Construction
Phase 3 07/11/2023 Demo, Frame, Pour/cure sidewalk
Construction
Phase 4 07/29/2023 Demo, Frame, Pour/cure sidewalk
Construction
Phase 5 08/05/2023 Demo, Frame, Pour/cure sidewalk
Project
Complete 08/31/2023 Time allotted for cleanup
Performance Standards
1. Performance will be reviewed throughout the grant agreement. Contractor will need to
report to the DRCOG Project Manager whenever one or more of the following occurs.
a. Budget changes in excess of 10% of the total budget or project schedule changes.
b. Project outcomes were not met.
c. Identification of problem areas and how the problems will be solved.
d. Expected impacts and the efforts to recover from delays.
2. Contractor will need to submit to DRCOG quarterly progress reports. These reports will be
submitted through DRCOG’s Contracts and Reimbursement System due on the 15th of the
following months: April, July, October, and January. If the 15th of the month falls on a weekend
or holiday, reports will be due the business day before.
3. Requests for reimbursement for project costs will be paid to Contractor upon presentation
of invoice(s) to DRCOG for eligible costs incurred after the date of execution of this Grant
through and within the limits of this Grant. Invoice(s) must be submitted to DRCOG monthly
on the 15th of the month following the month expenses were incurred. For example, for
expenses incurred in January, invoice(s) should be submitted by February 15. If the 15th falls
on a weekend or holiday, the reimbursement request will be due the business day before.
Failure to submit the reimbursement request on time may delay payment until the following
month.
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EXHIBIT B
TERMS AND CONDITIONS FOR SECTION 5310 FUNDING
The provisions of this Exhibit are required because this Contract is funded in whole or in part by the United
States Department of Transportation (USDOT), Federal Transit Administration (FTA). The requirements in
this Exhibit are in addition to and, unless inconsistent and irreconcilable, do not supplant requirements
found elsewhere in this Contract. If any requirement of this Exhibit is inconsistent with a provision found
elsewhere in this Contract and is irreconcilable with such provision, the requirement in this Exhibit shall
prevail.
ARTICLE 1 - ETHICS, POLITICAL ACTIVITY, DISQUALIFICATION, AND CRIMINAL ACTIVITY
(a) Standards of Conduct. Contractor agrees that it will establish and maintain written Standards
of Conduct covering conflicts of interest that:
(1) Apply to the following individuals who have a present or potential financial interest, or
other significant interest, such as a present or potential employment interest in the selection, award,
or administration of a third party contract or subcontract: (i) Contractor ’s officers, employees, board
members, or agents engaged in the selection, award, or administration of any subcontract; (ii) The
immediate family members or partners of those listed above; and (iii) An entity or organization that
employs or is about to employ any person that has a relationship with any of the individuals listed
above.
(2) Prohibit those individuals listed above from: (i) Engaging in any activities involving the
Contractor’s present or potential subcontractors at any tier, including selection, award, or
administration of a subcontract in which the individual has a present or potential financial or other
significant interest; and (ii) Accepting a gratuity, favor, or anything of monetary value from a present
or potential subcontractor, unless the gift is unsolicited and has an insubstantial financial or nominal
intrinsic value; and
(3) Establish penalties, sanctions, or other disciplinary actions for violations, as permitted
by state or local law or regulations, that apply to those individuals listed above.
(b) Lobbying Restrictions. Contractor agrees that it will not use federal assistance to influence any
officer or employee of a federal agency, member of Congress or an employee of a member of Congress,
or officer or employee of Congress on matters that involve the Contract, including any extension or
modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes: (i) The Byrd Anti-
Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) U.S. DOT regulations, “New Restrictions
on Lobbying,” 49 CFR Part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and
(iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of
federal assistance for any activity concerning legislation or appropriations designed to influence
the U.S. Congress or a state legislature; and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or
guidance, such lobbying activities described above may be undertaken through the Contractor ’s
proper official channels.
(c) Trafficking in Persons.
(1) Legal Authorities. Contractor agrees to comply with federal requirements and
guidance, including: (i) Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended, 22 U.S.C. § 7104(g); and (ii) The terms of this section 4(f), which have been derived
from U.S. OMB regulatory guidance, “Award Term for Trafficking in Persons,” 2 CFR Part 175, per
U.S. OMB’s direction
(2) Provisions Applicable to Contractor. Contractor agrees to, and assures that it will: (i)
Provide Information. Inform FTA immediately of any information it receives from any source alleging
a violation of the prohibitions listed in in this Section; and (ii) Include the following provision in any
subagreement it enters into with a private entity as defined above: “XXX agrees that it and its
employees that participate in the Contract, may not: engage in severe forms of trafficking in persons
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during the period of time that the Contract is in effect, procure a commercial sex act during the
period of time that the Contract is in effect, or use forced labor in the performance of the Contract
or subagreements thereunder.”
(d) Federal Tax Liability and Recent Felony Convictions.
(1) Transactions Prohibited. (i) Contractor hereby agrees and certifies that it: (A) Does not
have any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(B) Was not convicted of a felony criminal violation under any Federal law within the preceding 24
months.
(2) Flow-Down. Contractor shall flow this requirement down to participants at all lower tiers,
without regard to the value of any subagreement.
(e) Debarment and Suspension. Contractor agrees to the following:
(1) It will comply with the following requirements of 2 CFR Part 180, subpart C, as adopted
and supplemented by U.S. DOT regulations at 2 CFR Part 1200.
(2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§
180.220 and 1200.220) with any subcontractor that is, or whose principal is, suspended, debarred,
or otherwise excluded from participating in covered transactions, except as authorized by— (i) U.S.
DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR Part 1200; (ii) U.S. OMB
regulatory guidance, “Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement),” 2 CFR Part 180; and (iii) Other applicable federal laws, regulations, or
requirements regarding participation with debarred or suspended contractors.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded
from Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations,
2 CFR Part 1200.
(4) It will ensure that its subcontracts contain provisions necessary to flow down these
suspension and debarment provisions to all lower tier covered transactions.
(5) Contractor must not enter into a subcontract with any party listed on the
governmentwide exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note,
51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and
Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549. As such, Contractor shall: (i) comply with federal debarment
and suspension requirements; and (ii) reviews the SAM at https://www.sam.gov, if necessary to
comply with U.S. DOT regulations, 2 CFR Part 1200.
ARTICLE 2 - PAYMENT, AUDITS AND RECORDS
(a) Access to Records. Contractor agrees that it will and will require each of its subcontractors to
provide: (1) The U.S. Secretary of Transportation and the Comptroller General of the United States, the
state, or their duly authorized representatives, access to all third party contract records (at any tier) as
required under 49 U.S.C. § 5325(g); and (2) Sufficient access to all third party contract records (at any tier)
as needed for compliance with applicable federal laws, regulations, and requirements or to assure proper
management of the grant as determined by FTA.
(b) Access to the Sites of Performance. Contractor agrees to permit, and to require its
subcontractors, to permit FTA to have access to the sites of performance of the Work, the Contractor and
to make site visits as needed in compliance with applicable federal regulations.
(c) Completion, Audit, Settlement, and Closeout.
(1) Completion. Within ninety (90) calendar days after completion or termination of the
Work (or an earlier date as agreed upon by DRCOG and Contractor, the Contractor agrees to
submit to DRCOG: (i) Its final Federal Financial Report, either electronically or on Federal Financial
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Report Standard Form 425 (SF-425); (ii) A certification of expenses incurred that implement the
Contract; and (iii) The necessary audit reports of its Contract.
ARTICLE 3 - CIVIL RIGHTS
(a) Civil Rights Requirements Contractor agrees that it must comply with applicable federal civil
rights laws, regulations, and requirements, and follow applicable federal guidance.
(b) Nondiscrimination in Federal Public Transportation Programs. Contractor agrees to, and
assures that it and each subcontractor will:
(1) Prohibit discrimination based on race, color, religion, national origin, sex (including
gender identity), disability, or age.
(2) Prohibit the: (i) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332; (ii) Denial of program benefits in employment or a
business opportunity identified in 49 U.S.C. § 5332; or (iii) Discrimination identified in 49 U.S.C. §
5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. §
5332.
(3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and
Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance; but (ii) FTA does not require an Indian Tribe
to comply with FTA program specific guidelines for Title VI when administering its Underlying
Agreement supported with federal assistance under the Tribal Transit Program.
(c) Nondiscrimination – Title VI of the Civil Rights Act. The Contractor agrees to, and assures that
each subcontractor will:
(1) Prohibit discrimination based on race, color, or national origin,
(2) Comply with: (i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d,
et seq.; (ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part
21; and (iii) Federal transit law, specifically 49 U.S.C. § 5332; and
(3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and
Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance; (ii) U.S. DOJ, “Guidelines for the
enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3; and (iii) All other applicable
federal guidance that may be issued.
(d) Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Contractor agrees to, and assures that each
subcontractor will, prohibit discrimination based on race, color, religion, sex, sexual orientation,
gender identity, or national origin, and: (i) Comply with Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e, et seq.; (ii) Facilitate compliance with Executive Order No. 11246,
“Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by
any later Executive Order that amends or supersedes it in part and is applicable to federal
assistance programs; (iii) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided
in section 12 of this Master Agreement; (iv) FTA Circular 4704.1 “Equal Employment Opportunity
(EEO) Requirements and Guidelines for Federal Transit Administration Recipients;” and (v) Follow
other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions
against discrimination on the basis of disability.
(2) Specifics. Contractor agrees to, and assures that each subcontractor will: (i) Affirmative
Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor
regulations (41 C.F.R. chapter 60), take affirmative action that includes, but is not limited to: (A)
Recruitment advertising, recruitment, and employment; (B) Rates of pay and other forms of
compensation; (C) Selection for training, including apprenticeship, and upgrading; and (D)
Transfers, demotions, layoffs, and terminations; but (ii) Recognize that Title VII of the Civil Rights
Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer;” and
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(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when
undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 C.F.R. chapter 60; and (ii) Executive Order No. 11246, “Equal
Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note
(30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes
it, referenced in 42 U.S.C. § 2000e note.
(e) Disadvantaged Business Enterprise. Contractor will facilitate, participation by small business
concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs) as follows:
(1) Contractor agrees and agrees to obtain the agreement of each of its subcontractors to
include the following assurance in every subcontract it signs: (A) Contractor and each subcontractor
must not discriminate based on race, color, national origin, or sex in the award and performance of
any FTA or U.S. DOT-assisted subcontract, as applicable, and the administration of its DBE
program or the requirements of 49 CFR Part 26; (B) Contractor and each subcontractor must take
all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award
and administration of U.S. DOT-assisted subcontracts; (C) Failure by Contractor or any
subcontractor to carry out the requirements of this subparagraph is a material breach of this
Contract or any subcontract, as applicable; and (D) The following remedies, or such other remedy
as DRCOG deems appropriate, include, but are not limited to, withholding monthly progress
payments, assessing sanctions, liquidated damages, and/or disqualifying the Contractor or
subcontractor from future bidding as non-responsible
(f) Nondiscrimination on the Basis of Sex. Contractor agrees to comply with federal prohibitions
against discrimination based on sex, including: (1) Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. § 1681, et seq.; (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Financial Assistance,” 49 CFR Part 25; and (3) Federal
transit law, specifically 49 U.S.C. § 5332.
(g) Nondiscrimination on the Basis of Age. Contractor agrees to comply with federal prohibitions
against discrimination based on age, including: (1) The Age Discrimination in Employment Act, 29 U.S.C.
§§ 621 – 634, which prohibits discrimination based on age; (2) U.S. Equal Employment Opportunity
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 CFR Part 1625; (3) The
Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101, et seq., which prohibits discrimination
against individuals based on age in the administration of Programs, Projects, and related activities receiving
federal assistance; (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of
Age in Programs or Activities Receiving Federal Financial Assistance,” 45 CFR Part 90; and (5) Federal
transit law, specifically 49 U.S.C. § 5332.
(h) Nondiscrimination on the Basis of Disability. Contractor agrees to comply with the following
federal prohibitions against discrimination based on disability:
(1) Federal laws, including: (i) Section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination based on disability in the administration of federally
assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as
amended, 42 U.S.C. § 12101, et seq., which requires that accessible facilities and services be
made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III
of the ADA apply; but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA
does not apply because it exempts Indian Tribes from the definition of “employer;” (iii) The
Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151, et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities; (iv) Federal
transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for
discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to
access for seniors or individuals with disabilities.
(2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation
Services for Individuals with Disabilities (ADA),” 49 CFR Part 37; (ii) U.S. DOT regulations,
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“Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting
from Federal Financial Assistance,” 49 CFR Part 27; (iii) Joint U.S. Architectural and Transportation
Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities
(ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part
38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,”
49 CFR Part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State
and Local Government Services,” 28 CFR Part 35; (vi) U.S. DOJ regulations, “Nondiscrimination
on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR Part
36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,” 29 CFR Part 1630; (viii) U.S. Federal Communications Commission
regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for
Persons with Disabilities,” 47 CFR Part 64, subpart F; 58 (ix) U.S. ATBCB regulations, “Electronic
and Information Technology Accessibility Standards,” 36 CFR Part 1194; (x) FTA regulations,
“Transportation for Elderly and Handicapped Persons,” 49 CFR Part 609; (xi) FTA Circular 4710.1,
“Americans with Disabilities Act: Guidance;” and (xii) Other applicable federal civil rights and
nondiscrimination regulations and guidance.
ARTICLE 4 - EMPLOYEE PROTECTIONS
(a) Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 – 3708). For contracts in
excess of $100,000 that involve the employment of mechanics or laborers, Contractor shall comply with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic
and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required
to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
(b) Awards Involving Construction. The Contractor agrees to comply and assures that each
subcontractor with all federal laws, regulations, and requirements providing protections for construction
employees involved in each project or related activities with federal assistance, including the:
(1) Prevailing Wage Requirements of: (i) Federal transit laws, specifically 49 U.S.C. §
5333(a), (FTA’s “Davis Bacon Related Act”); (ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144,
3146, and 3147; and (iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction (also Labor Standards
Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety
Standards Act),” 29 CFR Part 5.
(2) Wage and Hour Requirements of: (i) Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. §
3701, et seq.; and (ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction (also Labor Standards Provisions
Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards
Act),” 29 CFR Part 5.
(3) “Anti-Kickback” Prohibitions of: (i) Section 1 of the Copeland “Anti-Kickback” Act, as
amended, 18 U.S.C. § 874; (ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40
U.S.C. § 3145; and (iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States,” 29 CFR
Part 3. 81
(4) Construction Site Safety of: (i) Section 107 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. §
3701, et seq.; and (ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and
Illnesses,” 29 CFR Part 1904; “Occupational Safety and Health Standards,” 29 CFR Part 1910; and
“Safety and Health Regulations for Construction,” 29 CFR Part 1926.
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(c) Awards Not Involving Construction. The Contractor agrees to comply and assures that each
subcontractor will comply with all federal laws, regulations, and requirements providing wage and hour
protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701, et
seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR Part 5.
(d) Awards Involving Commerce. The Contractor agrees to comply and assures that each
subcontractor will comply with the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq. to the extent
that the FLSA applies to employees performing work with federal assistance provided through the Contract
involving commerce, and as the Federal Government otherwise determines applicable.
(e) Public Transportation Employee Protective Arrangements. As a condition of award of federal
assistance appropriated or made available for FTA programs involving public transportation operations, the
Contractor agrees to comply and assures that each subcontractor will comply with the following employee
protective arrangements of 49 U.S.C. § 5333(b):
(1) Special Arrangements for Underlying Agreements for Federal Assistance Authorized
under 49 U.S.C. § 5310. The Contractor agrees, and assures that any subcontractor providing
public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former
49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply
the conditions of 49 U.S.C. § 5333(b) to any Contractor participating in the program to provide
public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves
the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all
transfers of funding authorized under title 23, United States Code (flex funds), and make other
exceptions as it deems appropriate.
ARTICLE 5 - ENVIRONMENTAL PROTECTIONS
(a) General. The Contractor agrees to, and assures that its subcontractors will, comply with all
applicable environmental and resource use laws, regulations, and requirements, and follow applicable
guidance, now in effect or that may become effective in the future, including state and local laws,
ordinances, regulations, and requirements and follow applicable guidance.
(b) National Environmental Policy Act. The Contractor agrees to, and assures that its
subcontractors will:
(1) Comply and facilitate compliance with federal laws, regulations, and requirements,
including, but not limited to: (i) Federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C.
§ 139; (ii) The National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321,
et seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 CFR Part 1500 –
1508; (iii) Joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23
CFR Part 771 and 49 CFR Part 622; (iv) Executive Order No. 11514, as amended, “Protection and
Enhancement of Environmental Quality,” March 5, 1970, 42 U.S.C. § 4321 note (35 Fed. Reg.
4247); and (v) Other federal environmental protection laws, regulations, and requirements
applicable to DRCOG or the Grant.
(2) Follow the federal guidance identified herein to the extent that the guidance is
consistent with applicable authorizing legislation: (i) Joint FHWA and FTA final guidance, “Interim
Guidance on MAP-21 Section 1319, Accelerated Decision making in Environmental Reviews,”
January 14, 2013; (ii) Joint FHWA and FTA final guidance, “SAFETEA-LU Environmental Review
Process (Public Law 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and (iii) Other federal
environmental guidance applicable to the DRCOG or the Grant.
(c) Environmental Justice. The Contractor agrees to, and assures that its subcontractors will,
promote environmental justice by following:
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(1) Executive Order No. 12898, “Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, (59
Fed. Reg. 7629, 3 C.F.R. 1994 Comp., p. 859) as well as facilitating compliance with that Executive
Order;
(2) U.S. DOT Order 5610.2(a), “Department of Transportation Updated Environmental
Justice Order,” 77 Fed. Reg. 27534, May 10, 2012; and
(3) The most recent edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance
for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with
applicable federal laws, regulations, requirements, and guidance.
(d) Other Environmental Federal Laws. The Contractor agrees to comply or facilitate compliance,
and assures that its subcontractors will comply or facilitate compliance, with all applicable federal laws,
regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean
Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the
Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act,
Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and
Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order No.
11988, as amended, “Floodplain Management.”
(e) Use of Certain Public Lands. The Contractor agrees to comply, and assures that its
subcontractors will comply, with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as “section
4(f)”), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and
Historic Sites,” 23 CFR Part 774, and referenced in 49 CFR Part 622.
(f) Clean Air Act (42 U.S.C. §§ 7401 – 7671q.) and the Federal Water Pollution Control Act (33
U.S.C. §§ 1251 – 1388), as amended. For contracts in excess of $150,000, Contractor shall comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401 –
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 – 1388). Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
(g) Solid Wastes. Contractor must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
ARTICLE 6 - PROCUREMENT, PROPERTY AND EQUIPMENT STANDARDS
(a) Procurement. All procurement transactions for supplies, equipment and services shall be
conducted in a manner to provide, to the maximum extent practicable, open and free competition as
provided in 49 U.S.C. § 5325(a) and as determined by FTA.
(b) Use of Real Property, Equipment, and Supplies.
(1) Federal Interest. Contractor agrees that the Federal Government retains a federal
interest in all real property, equipment, and supplies acquired or improved for use in connection
with the Work (Project property) until, and to the extent that, the Federal Government removes its
federal interest.
(2) FTA Requirements and Guidance for Use of Project Property. Contractor agrees that:
(i) Satisfactory Continuing Control. It will maintain continuing control of the use of its Project
property as satisfactory to FTA, which is defined as the legal assurance that Project property will
remain available to be used for its originally authorized purpose throughout its useful life or until
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disposition. (ii) Appropriate Use. It will use its Project property for appropriate purposes (including
joint development purposes as well as uses that provide program income to support public
transportation) for the duration of the useful life of its Project property, which may extend beyond
the duration of the Contract, and consistent with other requirements FTA may impose. (iii) Delay or
Failure to Use Project Property. The Federal Government may require it to return the entire amount
of federal assistance spent on its Project property if, during the useful life of its Project property, it
has unreasonably delayed using its Project property, or failed to use its Project property. (iv)
Notification. It will notify DRCOG and FTA immediately when it uses any of its Project property in a
manner substantially different from the representations in its Scope of Work or other documents
submitted in support of the Contract, or the requirements of the Contract, or it withdraws any of its
Project property from appropriate use. (v) FTA Guidance. It will consult FTA guidance through its
circulars or other written documents for ways in which FTA property requirements should be
implemented. FTA guidance will apply unless FTA determines otherwise in writing.
(3) General Federal Requirements. Contractor agrees to comply with the applicable U.S.
DOT property management provisions as provided in applicable U.S. DOT regulations. Contractor
also agrees to follow FTA’s reimbursement provisions pertaining to premature dispositions of
certain equipment, as provided in the Master Agreement and FTA guidance.
(4) Maintenance. As provided in federal laws, regulations, requirements, and guidance, the
Contractor agrees to maintain its Project property in good operating order, and comply with FTA
regulations, “Transit Asset Management” and “National Transit Database,” 49 CFR Parts 625 and
630.
(5) Property Records. Contractor agrees to keep satisfactory records of its use of its Project
property, and, upon request, it will provide FTA the necessary information required to assure
compliance with the Master Agreement.
(6) Incidental Use. (i) Contractor agrees that any incidental use of Project property will not
exceed what is permitted under applicable federal requirements and federal guidance. (ii) As
provided in 49 U.S.C. § 5323(p), it may permit nontransit public entities and private entities to have
incidental use of its federally assisted alternative fueling facilities and equipment, only if: (a) The
incidental use does not interfere with public transportation operations or violate the provisions of
the Contract; (b) It fully recaptures all the costs related to the incidental use from any nontransit
public entity or private entity that uses the alternative fueling facilities or equipment; (c) It uses
revenues it receives from the incidental use in excess of costs for planning, capital, and operating
expenses that are incurred in providing public transportation; and (d) Private entities pay all
applicable excise taxes on fuel.
(7) Encumbrance of Project Property. Absent the express consent of the Federal
Government in writing, Contractor agrees to preserve the federal interest in its Project property,
and to maintain satisfactory continuing control of its Project property as follows: (i) Written
Transactions. Contractor agrees that it will not execute any documents that would either adversely
affect the federal interest in or impair its continuing control of the use of its Project property
including, but not limited to, lease, transfer of title, lien, pledge, mortgage, encumbrance, third party
contract, subagreement, grant anticipation note, alienation, innovative finance arrangements, such
as a cross-border or leveraged lease, or other types of innovative financing arrangements, or any
restriction, constraint, or commitment that may apply to the Project property. Upon request, the
Contractor will provide a copy of any document described above to FTA. (ii) Oral Transactions.
Contractor agrees it will not obligate itself in any way through an oral statement to any third party
with respect to its Project property that would either adversely affect the federal interest in or impair
its continuing control of the use of its Project property. (iii) Other Actions. Contractor agrees that it
will not take any other action that would either adversely affect the federal interest in or impair its
continuing control of the use of its Project property.
(8) Useful Life of Project Property. Contractor agrees that: (i) Determining the Useful Life.
FTA may establish the useful life of Project property; (ii) Required Use. It will use its Project property
continuously and appropriately throughout the useful life of that property; (iii) Expired Useful Life.
When the useful life of its Project property has expired, it will comply with FTA’s disposition
requirements; and (iv) Premature Withdrawal. The Federal Government retains a federal interest
in the fair market value of Project property or remaining useful life in Project property calculated
based on straight line depreciation (including Project equipment acquired by a state). Therefore, if
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the Contractor withdraws that property from public transportation use prematurely, it will notify FTA
immediately when any of its Project property is prematurely withdrawn from appropriate use,
whether by planned withdrawal, misuse, or casualty loss. (a) Amount of Federal Interest. The
federal interest in the Contractor ’s or any of its subcontractors’ Project property will be determined
based on the ratio of the federal assistance provided for that property to the actual cost of that
property. (b) Financial Commitments to the Federal Government. Except as otherwise approved in
writing by the Federal Government, the Contractor agrees that if its Project property is prematurely
withdrawn from appropriate use: (A) It will return an amount equal to the remaining federal interest
in the withdrawn property to the Federal Government; or (B) With FTA approval, it will invest an
amount equal to the remaining federal interest in the withdrawn property in other transit property
eligible for federal assistance provided through the Underlying Agreement.
ARTICLE 7 - CHARTER SERVICE, MOTOR CARRIER SAFETY
(a) Prohibitions. The Contractor agrees that neither it nor any subcontractor will engage in charter
service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA
regulations, “Charter Service,” 49 CFR Part 604, any other federal Charter Service regulations, federal
requirements, or federal guidance.
(b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service
regulations, FTA has established the following additional exceptions to those restrictions:
(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with
the federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New
Freedom-type Project or related activities that would have been eligible for federal assistance under
repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the
Contractor uses that federal assistance for FTA program purposes only.
(c) Violations. If Contractor or any subcontractor engages in a pattern of violations of FTA’s Charter
Service regulations, FTA may require corrective measures and remedies, including withholding an amount
of federal assistance as provided in FTA’s Charter Service regulations, 49 CFR Part 604, appendix D, or
barring it or a subcontractor from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C.
§ 133, or 23 U.S.C. § 142.
(d) Financial Responsibility. The Contractor agrees to comply and assures that its subcontractor
will comply with the economic and insurance registration requirements of the:
(1) U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Minimum
Levels of Financial Responsibility for Motor Carriers,” 49 CFR Part 387, if it is engaged in operations
requiring compliance with 49 CFR Part 387, it is engaged in interstate commerce, and it is not
within a defined commercial zone; and
(2) The provisions of 49 U.S.C. § 31138(e)(4), which supersede inconsistent provisions of
49 CFR Part 387, and reduce the amount of insurance the Contractor must obtain to the highest
amount required by any state in which the public transportation provider operates, if it operates
within a public transportation service area located in more than one state, and receives federal
assistance under 49 U.S.C. §§ 5307, 5310, and 5311.
(e) U.S. FMCSA Requirements. The Contractor agrees to comply and assures that its
subcontractors will comply with: (1) The safety requirements of U.S. FMCSA regulations, “Federal Motor
Carrier Safety Regulations,” 49 CFR Parts 390 – 397, to the extent applicable; and (2) The driver’s license
requirements of U.S. FMCSA regulations, “Commercial Driver’s License Standards, Requirements, and
Penalties,” 49 CFR Part 383, 90 and “State Compliance with Commercial Driver's License,” 49 CFR Part
384, to the extent applicable, with the substance abuse requirements and guidance of U.S. FMCSA’s
regulations, “Controlled Substances and Alcohol Use and Testing,” 49 CFR Part 382, and implementing
federal guidance, to the extent applicable.
(f) Alcohol Misuse and Prohibited Drug Use.
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(1) Requirements. The Contractor agrees to comply and assures that its subcontractors
will comply with: (i) Federal transit laws, specifically 49 U.S.C. § 5331; (ii) FTA regulations,
“Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR Part 655;
and (iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace
Drug and Alcohol Testing Programs,” 49 CFR Part 40.
(2) Remedies for Non-Compliance. If FTA determines that the Contractor or subcontractor
receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR Part 655,
the Federal Transit Administrator may bar that Contractor or subcontractor from receiving all or a
portion of the federal transit assistance for public transportation it would otherwise receive.
ARTICLE 8 - DISPUTES, BREACHES, DEFAULTS, AND LITIGATION
(a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law,
regulation, or requirement, or any disagreement involving the Contract including, but not limited to, a default,
breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise.
(b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may
affect the Federal Government emerges, the Contractor must promptly notify the FTA Chief Counsel and
FTA Regional Counsel for the Region in which the Contractor is located. The Contractor must include a
similar notification requirement in its subcontracts and must require each subcontractor to include an
equivalent provision in its subcontracts at every tier, for any agreement that is a “covered transaction”
according to 2 C.F.R. §§ 180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major
dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a
legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Grant or the Contract, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
ARTICLE 9 – MISCELLANEOUS
(a) Rights to Inventions Made Under a Contract or Agreement. If the Contract involves the
performance of experimental, developmental, or research work and the Contractor wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that “funding
agreement,” the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(b) Architectural Engineering and Related Services. If the Contract involves architectural
engineering or related services, the Contractor agrees to comply and assures that each of its subcontractors
will comply with 49 U.S.C. § 5325(b).
(c) Veterans Preference. As provided in 49 U.S.C. § 5325(k), to the extent practicable, the
Contractor: (1) Will give a hiring preference to veterans, as defined in 5 U.S.C. § 2108, who have the skills
and abilities required to perform construction work required under a third party contract in connection with
a Capital Project supported with federal assistance appropriated or made available for 49 U.S.C. chapter
53; and (2) Will not require an employer to give a preference to any veteran over any equally qualified
applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former
employee.
(d) Patent Rights. Contractor agrees that: (1) Its rights and responsibilities in any federally
assisted invention, improvement, or discovery will be determined as provided in applicable federal laws,
regulations, requirements, and guidance, including any waiver thereof; and (2) Unless the Federal
Government determines otherwise in writing, irrespective of its status or the status of the Contractor as a
large business, small business, state government, state instrumentality, local government, Indian tribe,
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nonprofit organization, institution of higher education, or individual, the Contractor will transmit the Federal
Government’s patent rights to FTA, as specified in 35 U.S.C. § 200, et seq., and U.S. Department of
Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR Part 401.
(e) Rights in Data and Copyrights.
(1) Definition of “Subject Data.” As used in this section, “subject data” means recorded
information, whether or not copyrighted, that is delivered or specified to be delivered as required
by the Contract. Examples of subject data include, but are not limited to computer software,
standards, specifications, engineering drawings and associated lists, process sheets, manuals,
technical reports, catalog item identifications, and related information, but do not include financial
reports, cost analyses, or other similar information used for performance or administration of the
Underlying Agreement.
(2) General Federal Restrictions. The following restrictions apply to all subject data first
produced in the performance of the Contract: (i) Prohibitions. Contractor may not publish or
reproduce any subject data, in whole, in part, or in any manner or form, or permit others to do so.
(ii) Exceptions. The prohibitions do not apply to publications or reproductions for Contractor’s own
internal use, an institution of higher learning, the portion of subject data that the Federal
Government has previously released or approved for release to the public, or the portion of data
that has the Federal Government’s prior written consent for release.
(3) Federal Rights in Data and Copyrights. Contractor agrees that: (i) General. It must
provide a license to its subject data to the Federal Government that is royalty-free, non-exclusive,
and irrevocable. The Federal Government’s license must permit the Federal Government to
reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use
the subject data provided those actions are taken for Federal Government purposes; and (ii) U.S.
DOT Public Access Plan – Copyright License. Contractor grants to U.S. DOT a worldwide, non-
exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under
copyright, to any and all Publications and Digital Data Sets as such terms are defined in the U.S.
DOT Public Access plan, resulting from scientific research funded either fully or partially by this
funding agreement. Contractor herein acknowledges that the above copyright license grant is first
in time to any and all other grants of a copyright license to such Publications and/or Digital Data
Sets, and that U.S. DOT shall have priority over any other claim of exclusive copyright to the same.
(f) Special Provision for Promoting Covid-19 Safety; Compliance with CDC Mask Order. (1) The
Contractor agrees that it will comply, and will require all subcontractors to comply with the Centers for
Disease Control and Prevention (“CDC”) Order of January 29, 2021, titled Requirement for Persons to Wear
Masks While on Conveyances and at Transportation Hubs (“CDC Mask Order”). One of the objectives of
the CDC Mask Order is “[m]aintaining a safe and operating transportation system.” Contractor agrees that
it will comply, and will require all subcontractors to comply, with the CDC Mask Order. (2) Enforcement for
non-compliance. The Contractor agrees that FTA may take enforcement action for non-compliance with the
CDC Mask Order, including: (i) Enforcement actions authorized by 49 U.S.C. § 5329(g); (ii) Referring the
Contractor to the CDC or other Federal authority for enforcement action; (iii) Enforcement actions
authorized by 2 CFR §§ 200.339 – .340; and (iv) Any other enforcement action authorized by Federal law
or regulation.
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EXHIBIT C
DRCOG Contractor Services Contract Addendum
Prohibition Against Employing Workers Without Authorization
Prohibition Against Employing Workers Without Authorization. Contractor shall not knowingly
employ or contract with a worker without authorization to perform work under this contract.
Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor
that the subcontractor shall not knowingly employ or contract with a worker without authorization
to perform work under this contract.
Contractor will participate in either the E-verify program or the Department program, as defined
in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the
employment eligibility of all employees who are newly hired for employment to perform work under
the public contract for services. Contractor is prohibited from using the E-verify program or the
Department program procedures to undertake pre-employment screening of job applicants while
this contract is being performed.
If Contractor obtains actual knowledge that a subcontractor performing work under this contract
for services knowingly employs or contracts with a worker without authorization, Contractor shall:
Notify the subcontractor and DRCOG within three days that the Contractor has actual knowledge
that the subcontractor is employing or contracting with a worker without authorization; and
Terminate the subcontract with the subcontractor if within three days of receiving the notice
required pursuant to this paragraph the subcontractor does not stop employing or contracting with
the worker without authorization; except that the Contractor shall not terminate the contract with
the subcontractor if during such three days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with a worker without
authorization.
Contractor shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the Department is undertaking pursuant
to the authority established in C.R.S. Section 8-17.5-102(5).
If Contractor violates a provision of this Agreement required pursuant to C.R.S. Section 8-17.5-
102, DRCOG may terminate the contract for breach of contract. If the contract is so terminated,
the Contractor shall be liable for actual and consequential damages to DRCOG.
This Exhibit does not apply to the following types of contracts: (1) intergovernmental agreements;
(2) agreements for information technology services or products and services; or (3) agreements
relating to the offer, issuance, or sale of securities; (4) agreements for investment advisory
services or fund management services; (5) any grant, award, or contract funded by any federal
or private entity for any research or sponsored project activity of an institution of higher education
or an affiliate of an institution of higher education that is funded from moneys that are restricted
by the entity under the grant, award, or contract, pursuant to C.R.S. § 8-17.5-101(6)(b).
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Pre-Contract Certification in Compliance with C.R.S. Section 8-17.5-102(1)
The undersigned hereby certifies as follows:
That at the time of providing this certification, the undersigned does not knowingly employ or
contract with a worker without authorization; and that the undersigned will participate in the E-
Verify program or the Department program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-
101(3.7), respectively, in order to confirm the employment eligibility of all employees who are
newly hired for employment to perform under the public contract for services.
Contractor:
__________________________
By_________________________
Title:_______________________
___________________________
Date
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EXHIBIT D
E-VERIFY FEDERAL CONTRACTOR RULE
EMPLOYMENT ELIGIBILITY VERIFICATION
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply that is—
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which it is sold in
the commercial marketplace; and
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.
App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2),
“bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count,
in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into
intermodal equipment, except LASH or Seabee barges, is subject to mark and count and,
therefore, ceases to be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986,
who is directly performing work, in the United States, under a contract that is required to include the clause
prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the
employee—
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish
supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to
purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to
or for a prime Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia,
Puerto Rico, Guam, and the U.S. Virgin Islands.
(b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award,
the Contractor shall—
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days
of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Ve rify
program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the
Contractor, who are working in the United States, whether or not assigned to the contract, within 3
business days after the date of hire (but see paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract,
initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of
the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this
section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the
Contractor shall use E-Verify to initiate verification of employment eligibility of—
(i) All new employees.
(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of
all new hires of the Contractor, who are working in the United States, whether or not
assigned to the contract, within 3 business days after the date of hire (but see paragraph
(b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment
as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires
of the Contractor, who are working in the United States, whether or not assigned to the
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contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this
section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the
Contractor shall initiate verification within 90 calendar days after date of contract award or within
30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this
section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State
or local government or the government of a Federally recognized Indian tribe; or a surety performing under
a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor
may choose to verify only employees assigned to the contract, whether existing employees or new hires.
The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except
that any requirement for verification of new employees applies only to new employees assigned to the
contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all
existing employees hired after November 6, 1986, rather than just those employees assigned to the
contract. The Contractor shall initiate verification for each existing employee working in the United States
who was hired after November 6, 1986, within 180 calendar days of—
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option,
using the contact information provided in the E-Verify program Memorandum of Understanding
(MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the requirements
of the E-Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration
(SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance
with the terms of the MOU. In such case, the Contractor will be referred to a suspension or
debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension
or debarment official whether to suspend or debar, the Contractor is excused from its obligations
under paragraph (b) of this clause. If the suspension or debarment official determines not to
suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the
Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d) Individuals previously verified. The Contractor is not required by this clause to perform additional
employment verification using E-Verify for any employee—
(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify
program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to
confidential, secret, or top secret information in accordance with the National Industrial Security Program
Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials
pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification
Standard for Federal Employees and Contractors.
(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e)
(appropriately modified for identification of the parties), in each subcontract that—
(1) Is for—(i) Commercial or noncommercial services (except for commercial services that are part
of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications),
performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction;
(2) Has a value of more than $3,000; and
(3) Includes work performed in the United States.
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ATTACHMENT A
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ATTACHMENT B
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ATTACHMENT C
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ATTACHMENT AProposed Improvements - 5 curb ramp replacements - 5 crosswalk re-paints - 4-8 Flashing Beacon Posts - 1925 LF of SidewalkDocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCDDocuSign Envelope ID: C89A7C85-AB89-4845-8400-0D9711F9B4C9
Conceptual Pedestrian Traffic Control Plan - General Notes Malley Senior Recreation Center Pedestrian Improvements · Contractor shall maintain access to all adjacent properties · Contractor may close parking lanes adjacent to proposed work · Contractor shall not encroach on travel lanes · Where multiple driveways access a property, contractor shall maintain full access to at least one driveway · Where only one driveway exists (rear MSRC Parking lot, rear driveway for 125 Hampden Ave), contractor shall construct in two phases to maintain access · Will coordinate with RTD to relocate bus stops during construction; contractor to provide info sign about relocation o Will recommend to RTD that Girard Ave stop be shifted one block west o Will recommend to RTF that Lincoln St stop be shifted one block east to S Sherman SATTACHMENT BDocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCDDocuSign Envelope ID: C89A7C85-AB89-4845-8400-0D9711F9B4C9
Conceptual Pedestrian Traffic Control Plan - Phase 1 Malley Senior Recreation Center Pedestrian Improvements o t Malley Senior Recreation Center Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour RTD Bus Stops
Conceptual Pedestrian Traffic Control Plan - Phase 2 Malley Senior Recreation Center Pedestrian Improvements o o Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour Proposed Temporary RTD Bus Stops
Conceptual Pedestrian Traffic Control Plan - Phase 3 Malley Senior Recreation Center Pedestrian Improvements Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour RTD Bus Stops
Conceptual Pedestrian Traffic Control Plan - Phase 4 Malley Senior Recreation Center Pedestrian Improvements Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour RTD Bus Stops
1000 Englewood Parkway, Englewood, Colorado 80110; (303)762-2500
www.englewoodco.gov
Communications Plan
Malley Senior Recreation Center Pedestrian Improvements
The city is experienced with engaging with public to inform and solicit feedback and infrastructure
projects. The Public Works Department regularly collaborates with the city’s Communications
Department to utilize multiple tools for public outreach efforts. Below is a summary of the tools the city
will use to inform the public of the Malley Senior Recreation Center (MSCR) Pedestrian Improvements.
Since this project will not change the nature of how the public uses the public Right-of-Way, these
efforts will focus on notification of the project and do not include gathering feedback on the design.
Public Outreach Efforts
Englewood Engaged Webpage
The city’s project manager will coordinate with the city’s communication department to develop an
Englewood Engaged Project Webpage. Englewood Engaged is a public engagement platform the city has
been successfully using for multiple projects for about two years. The platform provides a hub for the
city’s major projects and programs, and is continuing to become more well-know and popular with
residents. The webpage will provide- at a minimum- to any interested party an overview of the project,
the project limits, the project schedule, and the contact information of the city’s project manager. The
webpage will be developed early in the design phase and will updated when any changes to the scope of
the project may occur.
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1000 Englewood Parkway, Englewood, Colorado 80110; (303)762-2500
www.englewoodco.gov
Postcard
Shortly prior to construction, the city will send postcards to residents of the area near the project. The
postcard will notify the residents of the upcoming construction, summarize the construction impacts,
and direct interested residents to the Englewood Engaged webpage. An example of a similar postcard
previously sent out by the city can be seen below.
Social Media Post
Shortly prior to construction, the city will send create a social media post to notify citizens of the
upcoming construction, inform them of what to expect during construction, and inform them of the
project goals.
RTD Coordination
The city will coordinate with RTD during the design phase of the project and look to leverage their
existing rider notification procedures and tools to inform riders that regularly use the on-site bus stops.
The city will inform RTD of any changes in scope or schedule so RTD can plan their service and rider
notification accordingly.
MSCR Coordination
The city’s project manager will make direct contact with Parks, Recreation, Library & Golf Department
leadership as well as the day-to-day management at the MSCR. The project manager will provide
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1000 Englewood Parkway, Englewood, Colorado 80110; (303)762-2500
www.englewoodco.gov
information on the project goals, project schedule, and the construction impacts to the area. The
project manager will work with the MSCR management to avoid impacting any large events held at the
MSCR.
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