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R2019-170 2019-07-22 RESOLUTION NO. R2019-170 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a contract with Trafficware, in the amount of$83,619.50,for the purchase of new traffic management equipment associated with the Bailey Road Intersection Improvement Pilot Program. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Trafficware, a copy of which is attached hereto and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute, and the City Secretary to attest, a contract with Trafficware for the purchase of new traffic management equipment. PASSED, APPROVED and ADOPTED this the 22nd day of July, A.D., 2019. :gt' y: TOM REID 7-.\ MAYOR, ATTEST: C 111.11�t_d,�.�• � MARIA RODRIGUEZ '12 INTERIM CITY SECRETA' APPROVED AS TO FORM: DARRIN M. K R CITY ATTORNEY Resolution No. (ek`44)* R2019-170 r City of Pearianc til, OrTAV1SA _ 3519 Liberty Drive j;,;q� �`` Pearland,TX 77581 • General Services Contract • This Contract(Contract) is made between the City of Pearland, Texas (City), and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments • I. Summary of Contract Terms. Contractor: Trafficware 522 Gillingham Lane Sugar Land, TX 77478 Description of Services: Providing the equipment and 24 hours of technical support turning on the new equipment per the quote. Contract Amount: $83,619.50 Effective Date: July 9, 2019 Termination Date: December 31, 2019 Renewal: None Available Ii. Signatures. By signing below, the parties agree to the terms of this Contract: CITY PEARLAND* CON •R - � 13� i � Purchasi "i fficer Date Title: Q e President-Finance & Strate. • r Date: v : • Sig�ed by. D e; =Z�i--i 'City ager Assistant City Manager Director Program Manager *Contract Signature Authority: Program Manager-$5,999 or less • Director-$6,000 to $30,000 City Manager/Assistant City Managers-$30,001 to $50,000 City Council Resolution -$50,000+ iii.Standard Contractual Provisions. A. Definitions. Contract means this Standard Services Contract. Services means the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and.Payment. Contractor will furnish Services to the City In accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days,except for the final billing.The City shall pay Contractor for the Services In accordance with the terms of this Contract,but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2)Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party falls to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default falls to cure the default as specified in the notice,the party giving the notice of default may terminate this Contract by written notice to the other party,specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party_to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. (3)Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year In which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City'ssale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise,each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's negligent acts or omissions In the performance of this Contract in accordance with applicable law.This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third-party defendant as allowed by law. • E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City, F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiotion located in or having jurisdiction in Brazoria County,Texas. 0, Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations,representations,or contracts,either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. Contractor 'shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct,or control the Contractor or Contractor's officers or employees in the means,methods,or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract Is not inherently dangerous,that Contractor will perform the work in a workmanlike manner,and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees, I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. if either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties.The parties will each pay one-half of the mediator's fees. J. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit, K. Severability, If a court finds or rules that any part of this Contract is invalid or unlawful,the remainder of the Contract continues to be binding on the parties. IV.Special Terms or Conditions, None. V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. A. Contractor's Additional Contract Documents: Exhibit A—Contractor's Scope of Services B. City's Additional Contract Documents: 1. Scope of Services. 2. City standard insurance requirements EXHIBIT A T. CONTRACTOR'S SCOPE OF SERVICES >t are Engineered by Cjt Naztec Oily of Pmatfand 622 Gillingham Lane Mg Hillhouse Road Sugar Land,7X 77478 Peadand,Texas 77684 (281)240.7233 Phohe Alto:Ed Kuprorer.Sr. (281)240.7238 Fax Phone:(281)887.5480 customercmaTltoffcwaro.curn Emeif:okupfera: paadendhcgov wvv.lrefltcware.cont .. _ �' ., .�C1'!31� :1 �.� 5 ice• r ��: • .� al E1 �� F�+,l Od c�"s Quote II: QUO.018B-t-G3GDG8 Rev A Contact: 13II1 lathe RE: Bailey Pau Call (214)285.5258 Malay all-let-key and f3elroy ay.FM1128 Phone: BelleyatVeterans,Halley elMcLean Email: 13181sche ilcwore.com Dm: June 14,2018 u-�Ia�vW'PZc'�r'3tN1Y 'S4•.X lam. • •yam • 2 eye• e -N�� •�:�' �$ •v r ;��=tet ,y sF,.iLi .�'-_s';`�`^v'"'-+1,�':r:¢ �:.E^?`c-=�_.. ?4�,u r�..•' '��`''yc. , oyn. ..-:f:Fc4;. rr�,a.:t „i;r..:� Y•.Yf?•';• ..i�r`-?: y�t:r-fir.'- '''_' ��:� ��l`��?�tY"Y„i��.�:-�.zY` Thor*twrratya4rgvutaUonrequest.WeotopleawJleeirerltdtyvolattontatpuudsandietomatouutnedwuturOw(5mardeuruut0+uhelsiWow PARC NUMEER CITY DESCRIPTION $f EACH $f TOTAL MATO- 4 NEMA 980ATC TS2 Type 1 $2,300.00 69,200.00 11024010 50165-2500 4 LCD MMU with Ethernet for Flashing Yellow Arrow $660.00 $3,440.00 50311-2100-1 4 Rack Mount Base Station Kit(POD) $3,160,00 612,600.00 50311-20004 Rack Mount Base Station Card(POD) 5400-0003 Omni Antenna to mount on top of cabinet(POD) 0005-0304 RPTNC to RPSMA RF Cable(POD) 50286-2000 Pod Power Panel 60284-2103 5 Access Point Kit(POD) $2,750.00 $13,750.00 00284-2003 Access Point,(3)Radios(POD) 50204.6000 Interface Connector MI for Access Point(POD) 5400-0001 Omni Antenna,900 MHz(POD) 8005-0301 RP Cable,6 ft for Omni Antenna(POD) 3A310-2000 Mounting Bracket for Omni Antenna(straps not Inc.)(POD)- 000D-0352M Lightning Suppression for Antenna(POD) 9201-3009-120 Mounting Bracket for Antenna Mount,120"(POD) 2845-921155 4 114"Washer,Mounting Hardware(POD) 2644-9211SS 4 Nut,114-20,Mounting Hardware(POD) 50287-2000 5 Panel Antenna Kit(POD) $645.00 $3,225.00 5400-0002 5 Antenna,Panel Directional,900 MHz(POD) $170.00 $850.00 • 9000-0352M 5 Lightning Suppression for Antenna(POD) $220.00 $1,100.00 Trafficware Engineered by 0Naztec 6015-1604 1,250 16 awg two conductor shielded with bare 16 awg ground(POD) $1.00 $1,250.00 50264-6000 1 EIA-486 Lightning Suppression(POD) $317.00 $317.00 6018-2404A 250 EIA•486 Cable(per ft)(POD) $0.76 $187.50 60286-2000 100 Pod Sensor(wl Clamshell) $900.00 $40,000.00 9000-2000 100 Epoxy,Joint natant(POD) $35.00 83,600.00 96902-1000 24 Cabinet I Intereeclion Turn On Assistance(per hour) $175.00 $4,200.00 Jn.�, • • sial ;91-14,1910 Dlsgognt419.t Ainoun 4Y 11^w�•yi.*_•1 '^"'z :Sl'4_ ti�,t.,.-.YS: ��i 1::: =}54: =—� _ `::l�Y-.:'r:�— _ F� G'i�lY •` R EQ y^ipy rte: �lY,r z 3 iS is._aysr yY Y� .� _ .e.Yi 'terms: • QUOTE VALID FOR 90 DAYS. • PRICES ARE IN US FUNDS. • NETS!)DAYS, • FREIGHT.FOB ORIGIN/FREIGHT INCLUDED • TAXES ARE NOTINCLUDED. ALL ITEMS SUBJECT TO APPLICABLE TAXES. IF TAX EXEMPTION APPLIES PLEASE FURNISH NUMBER OR RESALE CERTIFICATE WITH PURCHASE ORDER. • DELIVERY 50.90 DAYS AFTER RECEIPT Op ORDER,FOR STANDARD ITEMS.POR NON STANDARD ITEMS PLEASE ADD AN ADDITIONAL 00 DAYS. . • THIS QUOTATION IS FOR EQUIPMENT ONLY, QUOTE DOES NOT INCLUDETRAINING OR TURN-ON ASSISTANCE,UNLESS$TATER 114 QUOTE. • Notes: • ALL ORDERS ARE SUBJECT TO CREDIT APPROVAL • CREDIT APPROVAL DELAYS MAY ADVERSELY AFFECT STANDARD DELIVERY TIMES. • CANCELLED ORDERS ON STANDARD ITEMS ARE SUBJECT TO A 2M'RESTOCKING FEE, RESTOCKING FEE FoR CANCELLED ORDERS ON SPECIALTY ITEMS MAY BE HIGHER. • ITEM NUMBERS FOR PSI PRODUCTS(ATRAFFICWARE COMPANY)BEGIN WITH"P'TO HELP OUR PSI CUSTOMERS DISTINGUISH PSI PARTS.THESE PARTS CAN BE ORDERED WITH oR WITHOUT USING THE°P-PREFIX. • PLEASE SEND ALL PO'S TO CUSTOMERCARE@TRAFFICWARE,COM We appreciate the opportunity to provide this quolalloni ,P 4-1%4 a..=- - -.:�ii�i'��.�..'+1.&as;:s�^tvF•'•�:,f '..n•;5 s ,�j:i.e;i`!�i�< ?,,=;:<�'`'.S: :��:rs`._:'_ ,.,T-c,- .,,o£..,'-_`;:»v'=t�� a� �.e> _p��?.��t�:q�..:'r:^�'fsi.-tr�=��-�' .� ��:�-.; c , 1.�,�t;��:=+z�7C'��,',•��- ;..-c-' Customer represents and warrants that,in connection will the marketing,sales,end dlelrtbuilon of Trafgewaro Products,customer has compiled and will comply With all applicable laws,Inctudi lg but not Melted to:(1)anU.corrupllon laws(such as the U.S,Foreign Corrupt Preclicos Act)that prohibit directly or indirectly gMng,offering,promising,roquesting or accepting anything of value for Ma corrupt purposo of gaining a commercial bonetitor advantage:and(2)U.S.export control and sanctions laws that regulate the disposition or Us...origin goods,softwsrc,end technology. • • <u~;�, -:•e:. Purchasing DepartmentCity of Pearland 281.682.1767 or 3618 Liberty Drive 281.652,1790 a�? Pearland,TX 77881 Fax 281.862.1738 Contractor Insurance Requirements&Agreement Requirements Contractors performing work on City property or public right-of--way for the City of Pearland shall provide the City a certificate of insurance ora copy of their Insurance polloy(e)evidencing the coverages and coverage provisions Identified herein. Contractor's insurance will be primary payer,Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages es required herein or that the subcontractors ere Included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact buslnnes in the State of Taxes end must be acceptable to the City of Pearland. Listed below ere the typos and amounts of insurances required,The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPEOFlRBURANCE AMOUNT OPJN6URANCE PROVt910NG 1. Workers'Compensation 'Statutory Limits city Is to be Hated as additional Employers'Liability $100,000 per occurrence Insured with wavier of subrogation and 30 clay notice of can2. Commercial General(Public) Personal injury-61,000,000 per coverage, or material change In Liability to Include coverage for, person;Property Damage- a) Premises/Operations $1,000,000 per occurrent); b) Products/Completed Generai Aggregate-$1,000,000 Operations c) independent Contractors d) Personal injury e) Contractual Liability 3, Business Auto Liability to include Combined Single Limit- coverage for: 81,000,000 a) Owned/Leased vehicles b) Non•ewned vehicles o) Hired vehicles Certificate of insurance forms may be emailed to:Purchasing Department et ehidraneadandtx.env, Questions regarding required Insurance should be directed to City of Pearland Purchasing Department,at ehidsr8ineariandlx,eov, This form must be signed and returned with your bid/quotation,You are stating that you do have the required insurance and it selected to perform work for the City,will provide a certificate of Insurance,and a copy of insurance policy with the above requirements to the City, A purchase order will not bo Issued without evidence of required Insurance, Agreement I agree to provide the above described insurance coverages within 10 working days If selected to perform work for the City of Pearland,I also agree to provide the City evidence of Insurance coverage on any and all subcontractors performing work on the project, Project/aid# Company: 8tgnaturo and Printed Names II 3 House Bill 89 Verification 1, Joe Custer (Person name), the undersigned representative (hereafter referred to as "Representative") of Trafficware Group, Inc. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term"boycott Israel"is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that Is intended to penalize, Inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlle• -rritory, but does not include an action made for ordinary business purposes. I SIGNAT�'E OF REPRESENTATIVE 51- SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this i day of J cdt.(y 2o1.7 . 4110 Notary Public 40'4;ti; CAROLA.TERRANDO .% k) My Notary ID#11719946 • ,th ,.,' Expires January 25,2021