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R2023-191 2023-08-28RESOLUTION NO. R2023-191 A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in a cooperative purchase agreement with the Buyboard Purchasing System for the purchase of five (5) Traffic Signal Cabinets and five (5)Traffic Signal Detection Cameras, to Cubic Trafficware, in the amount of $204,545.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That cooperative pricing for the purchase of five (5) Traffic Signal Cabinets and five (5) Traffic Signal Detection Cameras has been obtained. Section 2. That the City Council hereby awards a contract to Cubic Trafficware, in the amount of $204,545.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of five (5) Traffic Signal Cabinets and five (5) Traffic Signal Detection Cameras. PASSED, APPROVED and ADOPTED this the 28th day of August, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 6 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO #C0723-20 For Traffic Signal Equipment THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Cubic ITS, Inc. (“Contractor"), and consisting 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: Description of Supplies: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: Cubic ITS, Inc. 522 Gillingham Lane Sugar Land, TX 77478 Contractor will provide traffic signal equipment, for the City of Pearland, as needed, per specifications of BuyBoard Contract #608-20. $204,545.00 August 29, 2023 August 28, 2024 0 R2023-191, BuyBoard #608-20 Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *Signed by:Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority:Superintendent/Manager – up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Vice President & General Manager 8/7/2023 DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 8/29/2023 | 10:05 AM CDT 8/29/2023 | 10:13 AM CDT Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 6 II.Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies (“Supplies”) in response to BuyBoard # 608-20 (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Contract is for (1) one year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to (0) additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Contract is for an amount not to exceed $204,545.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Francesca Beltran Department: Engineering and Public Works Phone: 281.652.1946 Email: fbeltran@pearlandtx.gov 5.Insurance; Bonds. (A)Before performance can begin under this Contract, the Contractor must deliver a DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 6 Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B)I Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract y. 6.Purchase Release Order. For multiple-release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Supplies shall not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, replacement Supplies may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8.Warranty. (A)The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is incorporated into this Contract. 9.Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10.Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 6 11.Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Supplies in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12.Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 13.Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 14.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 15.Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Mario Tellez Title: Traffic Superintendent Address: 2016 Old Alvin, Pearland TX 77581 Phone: 281.997-5990 IF TO CONTRACTOR: Cubic ITS, Inc. Attn: Jeff Majeski Title: Account Executive Address: 522 Gillingham Lane, Sugar Land, TX 77478 Phone: 281.240.7233 16.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. DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 6 17.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. 18.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. 19.Termination. (A)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 Supplies provided in accordance with this Contract to the date of termination. (B)Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide 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 fails 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 pursuant to 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. 20.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21.Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 22.Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 23.Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 24.Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 6 to the documents in the following order of priority: A.this Contract (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 25.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by City Council. 26.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 27.H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 28.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 29.Entire Contract. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. III.Special Terms and Conditions. None. IV.Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: BuyBoard #608-20. Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 ATTACHMENT A – SCOPE OF WORK Vendor shall provide traffic signal equipment to the City of Pearland, as needed, per the specifications of BuyBoard # 608-20. Pricing is as follows per contractor’s response to the same, as listed per Attachment B. DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 ATTACHMENT B – BID/PRICING SCHEDULE DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 ATTACHMENT C – INSURANCE REQUIREMENTS City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids@pearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types 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. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers’ Compensation Employers’ Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30- day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30-day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a)Premises/Operations b)Products/Completed Operations c)Independent Contractors d)Personal Injury e)Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a)Owned/Leased vehicles b)Non-owned vehicles c)Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids@pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids@pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if 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 be 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/Bid # Company: Signature and PrintedName: Cubic ITS, Inc. Contract #C0723-20 (Jeffery Price) DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. $ CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE OTHER: LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ $ INSD ADDL WVD SUBR N / A $ (Ea accident) (Per accident) The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE $ $ $ $ $ UMP3Y9AX 10/01/2023 City of Pearland 3519 Liberty Drive Pearland, TX 77581 1,000,000 1,000,000 713-877-8975 713-877-8974 Continental Casualty Company American Casualty Company of Reading, Pennsylvania 1,000,000 20494 10/01/202310/01/2022 10/01/202310/01/2022 1,000,000 1,000,000 3,000,000 20443 A Transportation Insurance Company 6075838847 A B C D 3,000,000 N McGriff Insurance Services, Inc. 10100 Katy Freeway, #400 Houston, TX 77043 Cubic ITS, Inc. Trafficware Group, Inc. 522 Gillingham Drive Sugar Land, TX 77478 09/23/2022 10/01/2022 WC6072902292 - AZ, OR, MA, WI WC6072902258 - CA WC6072902177 - AOS 1,000,000 City of Pearland is included as Additional Insured as respects to General Liability and Automobile Liability. A Waiver of Subrogation is provided as respects to General Liability, Automobile Liability and Workers' Compensation. In the event of cancellation by the insurance companies, the policies have been endorsed to provide (30) days Notice of Cancellation (except for 10 days for non-payment of premium) to the certificate holder shown below. All where required by written contract subject to policy terms, conditions and exclusions. 1,000,000 6075780061 20427 Continental Insurance Company X X X X X X X X X X X X Page 1 of 1 DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 ATTACHMENT D – WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship, and title. DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 Client:Intersection/Notes: Mr. Mario Tellez Company: City of Pearland 2559 Hillhouse Road Pearland, TX 77584 These products are available on Buyboard Contract 608-20 Highway Safety and Traffic Control Products Reference: Quote # 2304-711-TXB2 Contact:Jeff Majeski Re: Traffic Cabinets Date: 7/14/2023 Phone: Email: 832-677-8219 jeff.majeski@cubic.com QUOTATION FOR GOODS AND SERVICES Thank you for your quotation request. We are pleased to offer this quotation for good and services as outlined under the terms and conditions noted below. QUANTITY DESCRIPTION PART NUMBER $ / UNIT 5 Trafficware Size 5 Configuration 3 per bid specification 70006-3060-WCB3011300-02 16,555.00$ 82,775.00$ Enclosure: 44" Wide x 26" Deep x 68" Tall, Base Mount, Natural Aluminum Exterior Finish, Painted White Interior with Black Anodized Panels, Front and rear doors. Each includes: 1 Trafficware 980ATC Controller 980ATC-41024010 1 EDI Smart Monitor MMU2-16Leip 9000-1201-102 3 BIUs 9000-1190-000 1 Trafficware Shelf Mount Supply 50128-2101 16 Loadswitch in/out LEDs 9000-0023 1 Flasher 9000-0001 6 Flash Transfer Relay with indicator 4501-0020-1 1 Cabinet preconfiguration and Turn-on Technical Support 96902-1000 5 1 APC 1300 W BBU Installed within cabinet - each includes: APC 1300 BBU Inverter 8005-0123-APC-1300W $6,200.00 incl 31,000.00$ 1 Transfer Switch 8005-0123-APC-BYPASS incl 1 Harness Kit 8005-0123-APC-HARNESS-12 incl 4 Batteries - UPS, Battery, GEL 109AH 8005-0113-BTY-240XTV incl 2 Battery shelf 30684-0003 incl 5 CAT5e Cable 1000’GS-3-CAT5 518.00$ 2,590.00$ 5 GS3 System GS3-SYS 12,495.00$ 62,475.00$ 5 Smartmount X GS-3-SMK-X 3,951.00$ 19,755.00$ 5 Smartmount X pole GS-10270 618.00$ 3,090.00$ 5 TS2 Cable GS-3-TS2 182.00$ 910.00$ 5 TS2 Module GS3 GS3-TS2-OPT 195.00$ 1,950.00$ Subtotal=204,545.00$ Freight=Not Included Total=204,545.00$ TERMS AND NOTES: Terms: • QUOTE VALID FOR 90 DAYS. • PRICES ARE IN US FUNDS. • NET 30 DAYS. • FREIGHT - FOB ORIGIN / FREIGHT PREPAID AND ADDED TO INVOICE • TAXES ARE NOT INLCUDED. ALL ITEMS SUBJECT TO APPLICABLE TAXES. IF TAX EXEMPTION APPLIES PLEASE FURNISH NUMBER OR RESALE CERTIFICATE WITH PURCHASE ORDER. • DELIVERY 60 - 90 DAYS AFTER RECEIPT OF ORDER, FOR STANDARD ITEMS. FOR NON STANDARD ITEMS PLEASE ADD AN ADDITIONAL 60 DAYS • THIS QUOTATION IS FOR PRODUCT ONLY. QUOTE DOES NOT INCLUDE TRAINING OR TURN-ON ASSISTANCE, UNLESS STATED IN QUOTE. Notes: • ALL ORDERS ARE SUBJECT TO CREDIT APPROVAL. • CREDIT APPROVAL DELAYS MAY ADVERSLEY AFFECT STANDARD DELIVERY TIMES. • CANCELLED ORDERS ON STANDARD ITEMS ARE SUBJECT TO A 25% RESTOCKING FEE. RESTOCKING FEE FOR CANCELLED ORDERS ON SPECIALTY OR CUSTOM MADE ITEMS WILL BE HIGHER. • PLEASE SEND ALL PURCHASE ORDERS TO TRAFFICWARECUSTOMERCARE@CUBIC.COM & MADE OUT TO CUBIC ITS, INC. Compliance: warrants that, in connection with the marketing, sales and distribution of Trafficware Products, customer has complied and will comply Your Trafficware Business Development Mgr $ / TOTAL We appreciate the opportunity to provide this quotation! Regards, CUBIC ITS, INC. 522 Gillingham Lane Sugar Land, TX 77478 (281) 240-7233 Phone (281) 240-7238 Fax trafficwarecustomercare@cubic.com www.trafficware.com DocuSign Envelope ID: D55AA0CD-C836-418F-BEF8-AD2D37B335F6 ¡MAP PREPARED: AUGUST 2023 CREATED WITH WEB PRINT TOOL This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 inch = 4,167 feet 0 0.45 0.9 mi Traffic Signal Cabinets & Cameras Purchase- AIR-23-350 CITY OF PEARLAND S o uthd o w n D r MillerRanchRdH u g h e s R a n c h R d Tom B ass Regional I P ark &Dog P ar k S outhwy c k Golf Course Clear C reek Golf CoursePearland GC at Co un tr y Plac e DelBelloRdCurryRdMorganRdN o rth fo r k D r E P l u m S tMaxRdM axRdWoodyRdHatfieldRdS p r i n g f i e l d A v e P a t r i d g e D rWOaksBlvd MykawaRdK n a p p R d McLeanRdRoyRdRoyRdM c H ard R d F i t e R d WagontrailS c o t t L n WellsDrBerryRdAllenRdOldChocolateBayouRdB a h l e r A v e CR-831L ongwoodDrHallRdAstoriaBlvdSagedowneL n S a g e y orkDrKirkvilleDrSagea s p e n L n Bo g e y Way S a g e p a r k L nKirkfairDr SForkBlvd45 E l Franco Lee P ar k Golfc r es t Countr y Club Tim ber Creek Golf Club P E A R L A N D R u stic L n W e stfield R d Clover Field Airport F R I E N D S W O O D BROA D W A Y S T STONERDM C H A R D R D H U G HES R A N C H R D F I T E R D Hickory Slough C l e a r Creek CR90M ORGANRDCULLENPKWYMAGN O L I A P KWY B A I L E Y R D MAINSTB R O A D W A Y S TGARDENRDBROOKSIDERDMYKAWARDWORANGEST P E ARLANDPKWYF I T E R D HATFIELDRDM C H A R D R D ODAYRDOLDALVINRDROYRDMAXRDHUGHESRDH i c k o r y S lo u g h Marys Creek Clear Creek MAI NSTMANVELRDFM1128MAG N O L I A P K W Y VETERANSDRB A I L E Y R DHARKEYRD DIXIEFARMRDPE A R L A ND P K W YMCLEANRD DIXIE F A R M R D YOSTBLVDTurkeyCreek B R OADWAY ST DIXIEFARMRDMarys Creek GALVESTONCOUNTYCity of Houston, HPB, Texas Parks & Wildlife, CONANP, Esri, HERE, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA