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HomeMy WebLinkAboutContract 56367 FORT WORTH CSC No. 56367 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement("Agreement")is entered into by and between Intelicom Inc. dba LiteSys Inc. ("Seller") and the City of Fort Worth, ("Buyer"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A—City's Terms and Conditions; 3. Exhibit B—Conflict of Interest Questionnaire. 5. Exhibit C—Seller's Quote, Scope of Services or Purchase Order; 6. Exhibit D—Cooperative Agency Contract(e.g.,NJPA, DIR, BuyBoard); and Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Seller agrees to provide Buyer with the services and goods included in Exhibit C pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. In the event of a conflict between Exhibit A—City's Terms and Conditions and Exhibit D — [Cooperative Agency Contract], then Exhibit A — City's Terms and Conditions shall control, but only to the extent allowable under the [Cooperative Agency Contract]. Buyer shall pay Seller in accordance with the fee schedule in Exhibit C and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by Buyer shall be in the amount not to exceed One Hundred Thousand Dollars ($100,000.00). Seller shall not provide any additional items or services or bill for expenses incurred for Buyer not specified by this Agreement unless Buyer requests and approves in writing the additional costs for such services. Buyer shall not be liable for any additional expenses of Seller not specified by this Agreement unless Buyer first approves such expenses in writing. The term of this Agreement shall be for one year beginning on November 1, 2020 and ending on October 31,2021. Buyer shall be able to renew this agreement for four(4) one-year renewal options by written agreement of the parties. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including $y: JtsusJ.Chapa(Sep 4,202117:47CDT) ensuring all performance and reporting Name: Jesus J. Chapa requirements. Title: Deputy City Manager Date: Sep 24,2021 BY: Kell end(Sep 23,202114:50 CDT) APPROVAL RECOMMENDED: Name: Kelly Cleveland Title: Acting Sr. Contract Compliance Specialist Neil Nog,Kes By: Neil Noakes(Sep 23,202115:24 CDT) APPROVED AS TO FORM AND Name: Neil Noakes LEGALITY: Title: Chief of Police 'C o0000000 ��oo 00 By: Nico Arias(Sep 24,202115:28 CDT) 0,04 0 ATTEST: 016.o 0 Name: Nico Arias P o =d Title: Assistant City Attorney 0000Ay 000000000 Ay d�a�nExAS��p CONTRACT AUTHORIZATION: By: M&C: N/A Name: Ronald P. Gonzales Title: Acting City Secretary VENDOR: By: Name: Kendall Kanning Title: Corporate Sales Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A CITY OF FORT WORTH, TEXAS STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and subcontractors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER The Vendor(s), consultant, supplier, its officers, agents, servants, employees, vendors and subcontractors, or other provider of goods and/or services who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 TERM The term of this Agreement shall be for one year beginning on November 1, 2020 ("Effective Date")and shall expire on October 31,2021("Expiration Date"),unless terminated earlier in accordance with this Agreement ("Initial Term"). Buyer shall have the option to renew this Agreement under the same terms and conditions, for up to four(4) one-year renewal options, by written agreement of the parties 4.0 PUBLIC INFORMATION Buyer is a government entity under the laws of the State of Texas and all documents held or maintained by Buyer are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary,Buyer shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by Buyer, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Parties agree that nothing contained within this Agreement is considered proprietary or trade secret information and this agreement may be released in the event that it is requested. 5.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest,direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter). 6.0 ORDERS 6.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers,purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a) (1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 6.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery,return of goods at the Seller's cost and/or non-payment. 7.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice.Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d)Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 8.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 9.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 10.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed. 11.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 12.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 13.0 INVOICES 13.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill,when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 13.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 12.3 Payment. All payment terms shall be "Net 30 Days" unless otherwise agreed to in writing. Before the 1st payment is due to Seller, Seller shall register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website". 14.0 PRICE WARRANTY 14.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission,percentage, brokerage or contingent fee,excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s),to cancel this contract without liability and to deduct from the contract price such commission percentage,brokerage or contingent fee, or otherwise to recover the full amount thereof. 15.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 16.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately 17.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The Buyer may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 18.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 18.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 18.2 SELLER shall be liable and responsible for any and all claims made against the Buyer for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the Buyer's continued use of the Deliverable(s) hereunder; 18.3 SELLER agrees to defend, settle, or pay, at its own cost and expense, any claim or action against Buyer for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from Buyer's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if Buyer modifies or misuses the software and/or documentation. So long as SELLER bears the cost and expense of payment for claims or actions against Buyer pursuant to this section, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Buyer shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect Buyer's interest, and Buyer agrees to cooperate with SELLER in doing so. In the event Buyer, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against Buyer for infringement arising under this Agreement, Buyer shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, SELLER shall fully participate and cooperate with Buyer in defense of such claim or action. Buyer agrees to give SELLER timely written notice of any such claim or action,with copies of all papers Buyer may receive relating thereto. Notwithstanding the foregoing, Buyer's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify Buyer under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, SELLER shall, at its own expense and as Buyer's sole remedy, either: (a) procure for Buyer the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect Buyer's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to Buyer;or(d)if none of the foregoing alternatives is reasonably available to SELLER terminate this Agreement, and refund all amounts paid to SELLER by Buyer, subsequent to which termination Buyer may seek any and all remedies available to Buyer under law; and 18.4 The representations, warranties, and covenants of the parties contained in section 13 through 17 of this Agreement will survive the termination and/or expiration of this Agreement. 19.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses,evaluations,reports,memoranda,letters,ideas,processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Seller for the Buyer pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be considered "work(s) made for hire" and will be and remain the exclusive property of the Buyer.To the extent that the Work Product,under applicable law,may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 20.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies,which Buyer may have in law or equity. 21.0 TERMINATION 20.1 Written Notice. The purchase of goods under this order may be terminated in whole or in part by Buyer,with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 20.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by Buyer in any fiscal period for any payments due hereunder, Buyer will notify Seller of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Buyer of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 20.3 Duties and Obligations of the Parties.Upon termination of this Agreement for any reason, Seller shall only be compensated for items requested by the Buyer and delivered prior to the effective date of termination, and Buyer shall not be liable for any other costs, including any claims for lost profits or incidental damages. Seller shall provide Buyer with copies of all completed or partially completed documents prepared under this Agreement. In the event Seller has received access to Buyer Information or data as a requirement to perform services hereunder, Seller shall return all Buyer provided data to Buyer in a machine readable format or other format deemed acceptable to Buyer. 22.0 ASSIGNMENT/DELEGATION No interest, obligation or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights,interests, or obligations to another entity.The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 23.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 24.0 MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any attachments and exhibits. This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement.No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, and the Seller's Quote. 26.0 APPLICABLE LAW/VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or"UCC"is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT CONTRACTOR(S) Seller shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and subcontractors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees,vendors and subcontractors.Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees,vendors and subcontractors. 28.0 LIABILITY AND INDEMNIFICATION. 27.1 LIABILITY- SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 27.2 GENERAL INDEMNIFICATION- SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND BUYER, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'SBUSINESSAND ANYRESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF SELLER,ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. 27.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Seller agrees to defend, settle, or pay, at its own cost and expense, any claim or action against Buyer for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from Buyer's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend,settle or pay shall not apply if Buyer modifies or misuses the software and/or documentation. So long as Seller bears the cost and expense of payment for claims or actions against Buyer pursuant to this section,Seller shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Buyer shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect Buyer's interest, and Buyer agrees to cooperate with Seller in doing so. In the event Buyer, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against Buyer for infringement arising under this Agreement, Buyer shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Seller shall fully participate and cooperate with Buyer in defense of such claim or action.Buyer agrees to give Seller timely written notice of any such claim or action,with copies of all papers Buyer may receive relating thereto. Notwithstanding the foregoing, Buyer's assumption of payment of costs or expenses shall not eliminate Seller's duty to indemnify Buyer under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Seller shall, at its own expense and as Buyer's sole remedy, either: (a) procure for Buyer the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing,provided that such modification does not materially adversely affect Buyer's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to Buyer; or(d)if none of the foregoing alternatives is reasonably available to Seller terminate this Agreement, and refund all amounts paid to Seller by Buyer, subsequent to which termination Buyer may seek any and all remedies available to Buyer under law. 28 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement,which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 29 FISCAL FUNDING LINIITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 30 NOTICES TO PARTIES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other party by United States Mail, registered,return receipt requested, addressed as follows: TO BUYER: TO SELLER: City of Fort Worth Intelicom Inc. dba LiteSys Inc. Attn: Jesus Chapa, Deputy City Attn: Kendall Kanning, Corporate Sales Manager Manager 200 Texas Street P.O. Box 239 Fort Worth, TX 76102-6314 Belgrade,MT 59714 Facsimile: (817) 392-8654 kendall@litesys.com With copy to Fort Worth City Attorney's Office at same address 31 NON-DISCRIMINATION Seller, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Seller's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY SELLER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORS OR SUCCESSORS IN INTEREST,SELLER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND BUYER AND HOLD BUYER HARMLESS FROM SUCH CLAIM. 32 IMMIGRATION NATIONALITY ACT Seller shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I- 9). Upon request by Buyer, Seller shall provide Buyer with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Seller shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Seller employee who is not legally eligible to perform such services. SELLER SHALL INDEMNIFY BUYER AND HOLD BUYER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. Buyer, upon written notice to Seller, shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 33 HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 34 RIGHT TO AUDIT Seller agrees that Buyer shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Seller involving transactions relating to this Agreement at no additional cost to Buyer. Seller agrees that Buyer shall have access during normal working hours to all necessary Seller facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Buyer shall give Seller reasonable advance notice of intended audits. The Buyer's right to audit, as described herein, shall survive the termination and/or expiration of this Agreement. 35 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its subcontractors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend,indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subcontractors against Buyer arising out of Seller's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 36 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute,breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60)days of the date of receipt of the notice of the dispute,then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties submit the dispute to non- binding mediation and cannot resolve the dispute through mediation,then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 37 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Seller has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the Buyer is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Seller certifies that Seller's signature provides written verification to the Buyer that Seller: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. 38 PROHIBITION ON BOYCOTTING ENERGY COMPANIES. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1)does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The terms "boycott energy company" and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 39 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1)does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 40 INSURANCE REQUIREMENTS 38.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Seller, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to Buyer to evidence coverage. 38.2 General Requirements (a) The commercial general liability and automobile liability policies shall name Buyer as an additional insured thereon,as its interests may appear. The term Buyer shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of Buyer. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to Buyer. Ten (10) days' notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager, Buyer of Fort Worth, 200 Texas Street, Fort Worth,Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of Buyer to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the Buyer prior to Vendor proceeding with any work pursuant to this Agreement. Exhibit B —CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the Buyer, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the Buyer. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents.The form is also available at http://www.ethics.state.tx.us/forms/CIo.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the Buyer, state Seller name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the#4 box in all cases. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local GovemmentCode, Date Received by avendorwho has abusiness relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator ofhe local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Gode.An offense under this section is a misdemeanor. t Name of vendarwho has a business relationship with local governmental entity. Intelicom Inc. d.b.a LiteSys Inc. Gheckthis box Ifyou are Ming an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate_) 3 Name of local government officer about whom the information In this section is being disclosed. N/A Name of Officer This section(item 3 including subparts A, B. C, & D) must be completed for each officer with whom the vendor has ar employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additionai pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the vendor? N/A F] Yes F7 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? N/A F_1 Yes F—] No C. Is the filer of this questionnaire employed by a corparatian or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more? N/A 0 Yes 0 No D. Describe each employment or business and family relationship with the local government officer named in this section. N/A 4 cz - � 9/16/2021 Signature of vendor doing business with the governmental entity Date Adapted SM2415 Exhibit C — Seller's Quote, Scope of Services or Purchase Order; LiteSysm Inc IRIMM Parts Department Phone:(406)388-9317 "Safety 8egins with Goad Communication— Fax:(406)388-9319 support@litesys.com Quotation:21081201 Date:Aug 1Z,2021 Bill To: Ship To: Maria E.Canoura Maria E.Canoura Fort Worth Police Fort Worth Police Quote Expires:Oct 31,2021 Department Department Est.Ship Date:4-6 Weeks ARO 1100 Nashville Ave 1100 Nashville Ave Fort Worth TX 76105 Fort Worth TX 76105 Est.Delivery: 5-7 Weeks ARO (817)392-4310 (817)392-4310 maria.canoura@fortworthtex maria.canoura@fortworthtex as.gov as.gov Price listed below is based on Minnesota Contract 184575,for the LiteReader VCM5 Products.Contract 184575 is part of the Cooperative Purchasing Venture(CPV). Description Product Code Unit Price Qty Amount LiteReader VCMS Model 1030E-4 with Full Mount 1030E 4/W/AV0R $12.599.36 6 $75,596.16 Price reflects a 15%discount from retail price. Package Includes: 1)3 Line IU",Full Matrix LED Changeable Message Sign 2)Sign Controller w/backlit screen&keypad 3)30'Power&Communication Cables 4)Upper Mount w/vibration dampening&actuator 5)Actuator Control Box to raise and lower sign 6)Bed Rail Lower Mount *This package is for installing on a pickup truck See Contract 184575 Price Sheet for the LiteReader VCMS Products. LiteReader VCMS Powered Swivel Mount Accessory MTS:Pslo $3,795.25 6 $22,771.50 Price reflects a 15%discount from retail price. Multi-position swivel,allows the operator to turn the message sign to be positioned and locked into any viewing position using a handheld controller.The controller has sign position indicator lights and is located in the cab of the vehicle. See Contract 184575 Price Page#2 under"Optional Upgrades"for the LiteReader VCMS Products. Total Price $98,367.66 Payment Terms Net 36 Required When Ordering:Purchase Order Freight.FOB Destination Taxes:Taxes Not Included 1 Year Manufacturer's Warranty This quotation contains confrdential informotion.Prices and terms listed apply only to the recipient(s)named above.This document and the information may not be disclosed to any third party or used for any other purpose without the express written permission of LiteSys Exhibit D— Cooperative Agency Contract (e.g., NJPA, DIR, BuyBoard Admin Minnesota Office of State Procurement Room 112 Administration Bldg.,50 Sherburne Ave.,St.Paul,MN 55155.Phone:651.296.2600,Fax:651.297.3996 Persons with a hearing or speech disability may contact us thrcugh the Minnesota Relay Service by dialing 711 or 1.800.627.3529 CONTRACT RELEASE: A-21 Q(5) DATE: NOVEMBER 1,2020 PRODUCTISERVICE: MOBILE TRAFFIC CONTROL AND SAFETY DEVICES CONTRACT PERIOD: NOVEMBER 1,2020,THROUGH OCTOBER 31,2021 EXTENSION OPTIONS: UP TO 48 MONTHS ACQUISITION MANAGEMENT SPECIALIST/BUYER: KAREN MCINTYRE PHONE: 651.201.3124 E-MAIL:karen.mointyreMtate.mn.us WEB SITE: www.mmd.admin.state.mn.us NOTIFICATION OF MULTIPLE AWARDS THIS RELEASE CONTAINS MULTIPLE AWARDS FOR SIMILAR OR LIKE ITEMS.STATE AGENCIES AND CPV MEMBERS SHOULD REVIEW AND COMPARE ALL MULTIPLE AWARD CONTRACT VENDORS IN ORDER TO ENSURE THE BEST VALUE FOR THEIR POTENTIAL PURCHASE.FACTORS SUCH AS,BUT NOT LIMITED TO, COST,EQUIPMENT WARRANTY TERMS,VENDOR LOCATION,DELIVERY LEAD TIMES,AVAILABLE SUBSTITUTES,SELECTED OPTIONS AND CURRENT FLEET AND EQUIPMENT OR PARTS INVENTORY LEVELS ALL MAY CONTRIBUTE TO THE TOTAL COSTIVALUE OF AN INDIVIDUAL PURCHASE.MULTIPLE VENDORS MAY BE ABLE TO SATISFY THE REQUIREMENTS OF THE PURCHASER AND THEREFORE IT IS IMPORTANT FOR THE PURCHASER TO REVIEW ALL CONTRACTS AND CONTRACT PRICES BEFORE EXECUTING AN ORDER. CONTRACTVENDOR CONTRACT NO. TERMS DELIVERY ENERGY ABSORPTION 184574 NET 30 45 Days SYSTEMS,INC. 70 W MADISON STREET STE 2350 CHICAGO IL 60602 VENDOR NO.: CONTACT: Christina Jones PHONE:312-705-8455 0000303391 Email christina.lanes(d?trin.net FAX:800-770-6755 ------------------------------------------------------------------------------------ CONTRACTVENDOR CONTRACT NO. TERMS DELIVERY INTELICOM,INC. 184575 NET 30 45-60 Days DBA LITESYSa,INC. 150 Pollywog Lane Belgrade, MT 59714 VENDOR NO.: CONTACT: Kendall Kanning PHONE: 406-388-9317 0000223206 Email: kendallCo2lltesVs.COm FAX:406-388-9319 TOLL FREE: 800-533-7441 ------------------------------------------------------------------------------------ Page 1 of 14 CONTRACTVENDOR CONTRACT NO. TERMS DELIVERY INTELLISTROBE SAFETY 184579 NET 30 30 Days SYSTEMS P.O.Box 9187 Springfield, MO 65801 VENDOR NO.: 0000975137 CONTACT: Michael Church PHONE:417-883-7720 Email. mchurcht-intellistrobe.com FAX:417-883-7730 CONTRACTVENDOR CONTRACT NO. TERMS DELIVERY STREET SMART RENTAL,LLC 184580 NET 30 45 Days 7526 4th Avenue Lino Lakes, MN 55014 CONTACT: Matt Krengel PHONE:651-653-4648 Email:mkrengel(astreetsmartrental.com FAX:651-653-4631 VENDOR NO.: 0 00 02 34 81 9 --------------------------------------------------------------------------- CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY WARNING LITES OF MN INC. 184682 NET30 1-3 Weeks 4700 Lyndale Ave N Minneapolis, MN 55430 VENDOR NO.: 0000863098 CONTACT: Mike Leaf PHONE:612-521-4200 Email: mleaf(cDwarninglitesmn.com FAX: 612-521-0646 TOLL FREE: 800-766-5483 -------------------------------------------------------------------------------------- CONTRACT USERS. This Contract is available to the following entities as indicated by the checked boxes below ® State agencies ® Cooperative Purchasing Venture(CPV)members AGENCY ORDERING INSTRUCTIONS. Drders are to be placed directly with the Ccntract Vendor. State agencies should use a Contract release order(CRO)or a blanket purchase order(BPC). The person ordering should include his or her name and phone number.Orders may be submitted via fax. SPECIAL TERMS AND CONDITIONS SCOPE. To provide mobile traffic control and safety devices such as attenuators,arrowboards,changeable message signs,auto flaggers and portable traffic control signals for all State agencies and members of the Cooperative Purchasing Venture(CPV)program. 1. Right to Add. During the term of the contract,the State reserves the right to add additional equipment and accessories, upon mutual agreement between the State and the Contractor(s)through a duly executed amendment to the contract. 2. Buying"Off'Contract. The State reserves the right to issue an additional RFBIEvent, separate and aside from this RFB, if deemed in its best interest.The State may use whatever RFB/Event procedure that is most advantageous to the State.The State also reserves the right to issue another RFBIEvent if new makes and models become available that would be of interest and benefit to the State or CPV members. 3. Equipment Literature. Upon request by a State agency or CPV member,the Contractor shall provide equipment sales literature at no cost to the requester.Equipment sales literature should include items such as, but not limited to,product information,product functionality, and operation instructions.A link to the manufacturer's website that includes technical data must be provided and should be included with the response to the Solicitation. Page 2of14 4. Equipment Orientation. Unless the cost of orientation is itemized on the Price Schedule,the cost of the equipment includes orientation to familiarize the end user on how the vehicle will operate,the mounting and removal of accessories and options, and all operating and safety instruction.The Contractor must provide orientation where the ordering entity takes possession, unless otherwise requested by the ordering entity.Orientation for drop shipped goods may be accomplished via video or other means as approved by the ordering entity- S. Miscellaneous Items. State agencies may purchase incidental miscellaneous parts;accessories and labor that are not listed on the Price Schedule but are directly related to a specific item(s) included on the Contract.The total cost for these miscellaneous items may not exceed$5,000.00 for an individual purchase order. If the Customer's entity requires a lower threshold for competitive bidding other than$5,000.00,they must follow their local entity's requirements.Any purchase order must be issued to the Contractor. B. discontinued and Replacement Models. All equipment offered must be available during the initial terms of the contract. If the manufacturer discontinues a model number during the initial term of the contract,the contractor must notify the AMS as soon as possible of the change. No replacement models will be allowed unless confirmed in writing by the AMS through a fully executed amendment. The State is under no obligation to accept a replacement model. UNSPSC. 46161700 Mobile Traffic Control&Safety Devices. 46161508 Security&Safety Equipment Supplies VERIFYING THE CONTRACT PRICES. The following information explains the methods for calculating andlor confirming the contract prices. The contracts for traffic control and safety devices under this release contain FIXED and PERCENTAGE DISCOUNT OFF OF LIST pricing. ■ For FIXED pricing,the pricing offered must match or be lower than that detailed on this release on the MnDOT web page. ■ For PERCENTAGE DISCOUNT OFF OF LIST pricing,calculate the contract price by following these steps: 1) Locate the appropriate price list using this release and the MnDOT web page. 2) Calculate the Contract Price by applying the Percentage Discount Off of the Appropriate Price List to the appropriate Price List. 3) Confirm the price offered is equal to,or lower than,the price calculated in step 2. Only accept contract vendor quotes that provide itemized contract pricing(lump sum price quotes must be rejected and revised by the contract vendor to show itemized State contract pricing). Prior to accepting an order andlor issuing an invoice,inspect the products received to ensure they match both the terms and pricing of the contract. Contact the AMS detailed on the first page of this release to report any pricing discrepancies or for assistance in confirming/calculating contract pricing. PRICES. At no time should the ordering entity pay more than the Contract price.Agencies must contact the AMS immediately and fill out a Vendor Performance Report if there is a discrepancy between the price on the invoice and the Contract price. 1. Installation Services. The Contractor must apply a charge as a separate line item for installation or mounting services if such service is requested in writing by the ordering entity.The price for equipment,attachments,or options does not include installation or mounting costs unless otherwise indicated in the Contract or Price Schedule. Page 3of14 2. Transportation. Freight under this contract is Price per Loaded Mile. Price per Loaded Mile is the delivery charge per loaded mile from the delivery starting point(city,state,and zip code)to the ordering entity's delivery point.Freight must be included on the quote,and the amount invoiced may not exceed the amount quoted for freight unless the ordering entity agrees otherwise in writing.The State will not accept a flat,fixed price for shipping.If the Price per Loaded Mile is"No Charge" or"$0.00,"or that field on the Price Schedule is blank,delivery is included in the product cost.Mileage distance will he determined using an industry-standard product. 3. Taxes. Do not add sales tax to the prices being offered.State Agencies hold a Direct Payment Authorization Letter which is used to pay applicable taxes directly to the Department of Revenue.Contractors may go to http://www.revenue,state.mn.us to learn about the applicable sales tax(search"Fact Sheet 142"). EQUIPMENT LIST AND PRICING Detailed Price Pages by Equipment type is available on the M nDCT web page hftp://www.dot.state.mn.us/maintenance/fleet.htmi Select"Current list of equipment contracts"on the MnQCT Web page ENERGY INTELICOM INC., Contract Vendor ABSORPTION DBA LITESYSO, INTELLISTROBE STREET SMART Name SYSTEMS,INC. INCORPORATED SAFETY RENTAL,LLC WARNING LITES OF MN INC. Contract Number 184574 184575 184579 184780 184582 Arrowboards x x Truck Mount x x x Attenuators Auto Flagger x x x Portable Changeable x x Message Board Mobile Trailer X Portable Traffic Control signals x Sign Trailer x x •WTSP-LSAC 25-LED Solar Trailer Unit •WFB8-LSAC 48"46"25-LED Manual •W68-LSAC48"x96"Truck Tilt Mou nt A rro w boa rd •WFB PS-LSAC 48"06"25-LED Power •W66-LSAC Truck Mount Tilt90-degree Arrowboard •WVMB-2LP Truck Mount3-Li ne CMS •WVMB-3LP Truck Mount •WTLMB Solar Trailer 3-1-ine Full Size Items Awarded by Matrix,3-Line CMS CMS,Hydraulic Lift Vendor •WSDT3-S Radar Speed •WTMMB Solar Trailer Full Matrix CMS, Trailer-Full Matrix Hydraulic Lift •WSDT3-SP❑Radar Speed •WVTM SobrTrailer Mini Matrix CM5, Tra iler for Law Enforcement Manual Lift •WVTMM-M SolarTrailer Metro- Medium CMS,Manual Lift •WVT3 Solar Trailer 3-Line Mini CMS, Manual Litt Page 4 of 14 EQUIPMENT REQUIREMENTS ARROWBOARDS(GROUP 11);CHANGEABLE MESSAGE BOARS;and TRUCK&TRAILER MOUNTED ATTENUATORS 1. General Equipment Requirements 1.1. This equipment must be the most current advertised production model,as modified per specifications and approved by Mn/DOT 1.2. This equipment must I be furnished with all standard equipment advertised,whether or not specifioally called for here, except where the item is replaced by optional over standard equipment or conflicting equipment is specified. 1.3. This equipment must be complete with all equipment required for immediate operation to function as listed in the equipment specifications and must meet all applicable codes and safety standards. 2. ARROWBOARD&TRAILER 2,1, Mn/DOT will only purchase arrowboards that are on Mn/DOT's qualified products list.Contractors can view and obtain information regarding Mn/DOT's qualified product list and evaluation process at Mn/DOT'sTraffic Engineering'swebsite. htts)://www.dot,state.mn.us/trafficeng/products/index.html 2.2, The Contractor shall ensure equipment meets all current Federal and Minnesota safety codes,the requirements of the Manual on Uniform Traffic Control Devices(MUTCD).View at: http://www.dot.state.m n.us/trafficenF-/otepu bl/m utcd/i ndex.htm 1 2.3. The portable sign system shall not overturn or change orientation when it is either fully deployed and raised (sign face parallel to axle)or in the transport position(sign face perpendicular to axle).This shall be based on a 3 second wind gust speed of 72 M.P.H.,directed to the front face or rear wall of display(NEMA standards). 2.4. Arrowboard shall have a minimum of 14 elements comprised of amber sealed beams,halogen bulbs,flip discs or LEDs plus an indicator lamp on the reverse side of the panel.5olderless connectors are not acceptable.Lamps must be hooded. 2.5. Arrowboard display elements shall be capable of at least 50%dimming from full brilliance.This shall be controlled by a potentiometer or a photocell located on the bottom channel where it is protected from direct ambient light. 2.6. The electrical system for arrowboard shall be protected from weather and damage. 23. Control box shall be weather protected with sealed touch membrane switches or enclosed in a sealed compartment.Panel shall indicate switch choices and/or positions. 2.8. Sola r-cha rgi ng systems shall be sufficient to operate in Minnesota without external charging. 2.9, The minimum element on time shall be 50%for the flashing mode,with equal intervals of 25%for each sequential phase. 2.10. The flashing rate shall not be less than 25 or more than 40 flashes per minute with the following mode selections: 2.10.1. A flashing arrow,sequential arrow or sequential chevron mode. 2.10.2. A flashing double arrow mode. 2.10.3. A flashing caution mode with four or more elements that does not indicate any direction. 2.11, The Contractor shall offer an option so Mn/DOT units can have the left and right sequential stem arrow function disabled if standard. 2.12, Manufacturer's standard color is acceptable,however paint must be lead free. 2.13. Each unit shall be supplied with one set of parts,service and operations manuals,as well as a complete wiring diagram. 2.14, The Contractor must give adequate training in mounting and removal,operation,safety and maintenance of supplied equipment at delivery site,before the purchase will be considered complete. Page 5of14 2.15. The Contractor must furnish a standard manufacturer's warranty.The Contractor shall be responsible for the cost of any inspections,adjustments,parts,labor,travel,pickup and/or delivery charges that are a result of equipment failure(s)during the warranty period.This shall be performed without any delay.This warranty shall commence when the unit is put into service.The Contractor shall state warranty for all items requested on the pricing page. 3. TRUCK&TRAILER-TRUCK MOUNTED ATTENUATORS 3.1, TRUCK MOUNTED ATTENUATOR REQUIREMENTS 3.1.1. Mn/DOT will only purchase truck mounted attenuators that are on Mn/DOT's qualified products list.Contractors can view and obtain information regarding Mn/DOT's qualified product list and evaluation process at Mn/DOT's Traffic Engineering's website. http://www.dot.state.m n.uslp rod ucts/index.htmi. 3.1.2. TMA and mounting hardware must meet federal MASH requirements per the AASHTO Manual for Assessing Safety Hardware. 3.1.3. TMA and mounting hardware must meetor exceed NCHRP 350 Test Level 2(TL-2),Test#50 or the latest tests with an 1,800-pound Inertial massvehicle. 3.1.4_ TMA and mounting hardware must meetor exceed NCHRP 350 Test Level 2(TL-2),Test#51 or the latest tests with a 4,500-pound inertial mass vehicle. 3.1.5. TMA and mounting hardware must meetor exceed NCHRP 350 Test Level 2(TL-2),Tests 52,and 53. 3.1.6. TMA must be furnished with a standard trailer lighting system including brake,tail,turn signal,and ICC bar lights that are visible in the lowered and 90M tilt position. 3,1.7. The Contractor must provide an optional light hook-up capable of being connected to a Mn/DOT truck with a standard ICC 7-pin connector and be compatible with Mn/DOT's wiring pattern(per attached Min DOT wiring diagram). 3.1.8. TMA must be equipped with two heavy-duty,double-wheeled jacks at the front end of the TMA and one-wheel jack at the rear center. 3.1.9. TMA cartridge must be painted yellow with 4"-wide black inverted'V"chevrons on the rear.All steel members on the quick mount shall be primed and painted. Paint must not contain lead. 3.1.10. Each unit shall be supplied with one set of parts,service,and operations manuals as well as a complete wiring diagram. 3.1.11. The Contractor must give adequate training in mounting and removal,operation,safety and maintenance of supplied equipment at delivery site,before the purchase will be considered complete. 3.1.12. The Contractor shall furnish a standard manufacturer's warranty.The Contractor shall be responsible for the cost of any inspections,adjustments,parts,labor,travel,pickup and/or delivery charges that are a result of equipment failures)during the warranty period.This shall be performed without any delay.This warranty shall commence when the unit is put into service.The Contractor shall state warranty for all items requested on the pricing page. 3.2. TRAILER-TRUCK MOUNTED ATTENUATOR REQUIREMENTS 3.2.1. Mn/DOT will only purchase trailer,truck mounted attenuators(Trailer TMA)that are on Mn/DOT's qualified products list.Contractors can view and obtain information regarding Mn/DOT's qualified product list and evaluation process at Mn/DOT's Traffic Engineering's website. http:llwww.dot.state.m n.usltra ff ice ng/prod uctsli ndex.htm I. 3.2.2. TMA and mounting hardware must meet federal MASH requirements per the AASHTO Manual for Assessing Safety Hardware. 3.2.3. Trailer TMA and mounting hardware must meetor exceed NCHRP 350Test Level 3(TL-3),Test#50 or the latest tests with a 1,800-pound inertial mass vehicle. 3.2.4. Trailer TMA and mounting hardware must meetor exceed NCHRP 350Test Level 3(TL-3),Test#51 or the latest tests with a 4,400-pound inertial mass vehicle. Page 6 of 14 3.2.5. Trailer TM and mounting hardware must meet or exceed NCHRP 350Test Level 3(TL-3),Tests 52, and 53. 3.2.6. Trailer TM must meet all current Federal and Minnesota safety codes. 3.2.7. TMA cartridge shall be painted yellow with 4"-wide black inverted"V"chevrons on the rear.All steel members on the quick mount shall be primed and painted. Paint must not contain lead. 3.2.8. Manufacturer's standard color is acceptable but must have 4"-wide black/yellow inverted"V" chevrons on the rear.Paint must not contain lead. 3.2.9. Each unit shall be supplied with one set of parts,service,and operations manuals as well as a complete wiring diagram. 3.2.10. The Contractor shall give adequate training in mounting and removal,operation,safety and maintenance of supplied equipment at delivery site,before the purchase will be considered complete. 3.2.11. The Contractor shall furnish a standard manufacturer's warranty.The Contractor shall be responsible for the cost of any inspections,adjustments,parts,labor,travel,pickup and/or delivery charges that are a result of equipment failures)during the warranty period.This shall be performed without any delay.This warranty shall commence when the unit is put into service.The Contractor shall state warranty for all items requested on the pricing page. 4. CHANGEABLE MESSAGE SIGN(PCMS) 4J. CHANGEABLE ME55AGE SIGN(PCMS) REQUIREMENTS 4.1.1. Mn/DOT will only purchase changeable message signs that are on Mn/DOT's qualified products list. Contractors can view and obtain Information regarding Mn/DOrs qualified product list and evaluation process at Mn/DOT's Traffic Engineering's website. httpi//www.dot.state.mn.us/trafficeng/products/index.htrni 4.1.2. Mn/DOT shall only purchase PCMS's with messages listed on Mn/DOT's Traffic Engineering website. 4.1.3. The Contractor shall ensure equipment meets all current Federal and Minnesota safety codes,and the requirements of the Manual on Uniform Traffic Control Devices(M UTCD). View at: http://www.dot.state.m n.us/tra fficeng/publ/m utcd/index.h t m I. 4.1.4. PCMS elements shall be comprised aluminum indium phosphide LEDs(approx.590nm)of flip disk/LEDs. 4.1.5. Except for Type A and flip disk PCMS's,a pixel shall be comprised of four LEDs. 4.1.6. Unit shall be NTCIP compliant and shall allow for remote accessing via cellular phone system of the 5tate's choice or wireless internet. 4.1.7. The sign system shall not overturn or change orientation when it is either fully deployed and raised (sign face parallel to axle)or in the transport position(sign face perpendicular to axle).This shall be based on a 3 second wind gust speed of 72 MPH,directed to the front face or rear wall of display (NEMA standards). 41.8. Control box shall be weather protected with sealed,touch membrane switches or be enclosed in a sealed compartment. Panel to indicate switch choices and/or positions. 4.1.9. Solar charging capacity shall be sufficient to operate year-round in Minnesota without external charging and with no loss of battery charge. 4.1,10, The electrical system for PCMS shall be protected from weather and damage. 41.11. Manufacturers standard color is acceptable. The paint must be powder coated and lead-free. 4.1A2. Each unit shall be supplied with one set of parts,service,and operations manuals as well as a complete wiring diagram. 4.1.13. The Contractor shall give adequate training in mounting and removal,operation,safety and maintenance of supplied equipment at delivery site,before the purchase will be considered complete. Page 7of14 4.1.14. The Contractor shall furnish a 3-year manufacturer's warranty.The Contractor shall be responsible for the cost of any inspections,adjustments,parts,labor,travel,pickup and/or delivery charges that are a result of equipment failures)during the warranty period.This shall be performed without any delay.This warranty shall commence when the unit is put into service.The Contractor shall state warranty for all items requested on the pricing page. 4.2. PCMS TRAILER REQUIREMENTS 4.2.1. Deck shall be constructed to be structurally adequate to serve both as a carrier of,and as an operation platform for,all components of the PCMS. 4.2.2. Trailer shall be designed for unlimited highway travel. 4.2.3. Tire size shall be largest available(minimum 13"). 4.2.4. Trailer shall have heavy-duty fenders. 4.2.5. Trailer shall be equipped with electric brakes if required by state and federal standards. 4.2.6. The trailer shall be equipped with a lighting system consisting of taillights,stoplights,and turn signal lights along with the required reflex reflectors.All lights shall be protected. 4.2.7. Trailer wiring shall be protected against weather and damage. 4.2.8. The Contractor shall provide an optional light hook-up capable of being connected to a Mn/DOT truck with a standard ICC 7-pin connector and be compatible with Mn/DOT's wiring pattern(per attached Mn DOT wiring diagram). 4.2.9. Flitch shall have screw jack,with locking pin,that rotates for transporting. 4.2.10. Contractor shall have four screw jacks with locking pins for leveling the trailer deck. 5. AUTOMATED FLAGGER ASSISTANCE DEVICES 5.1. Mn/DOT will only purchase changeable message signs that are on Mn/DOT's qualified products list. Contractors can view and obtain information regarding Mn/DDT's qualified product list and evaluation process at Mn/DOT's Traffic Engineering's website. http://www.dot.state.m n.us/tra fficeng/products/index.htm 1 5.2. Automated Flagger Assistance Devices(AFADs)enable a fIagger(s)to be positioned out of the lane of traffic and are used to control road users through temporary traffic control zones. These devices are designed to be remotely operated either by a single Flagger at one end of the TTC zone or at a central location,or by separate flaggers near each device's location. 5.1. There are two types of AFADs: 5.3.1. An AFAD that uses a remotely controlled STOP/SLOW sign on either a trailer or a movable cart system to alternately control right-of-way. 5.3.1.1. A STOP/SLOW Automated Flagger Assistance Device(AFAD)shall include a STOP/SLOW sign that alternately displays the STOP(111-1)face and the SLOW(W20-8)face of a STOP/SLOW paddle. 5.3.1.2. The AFAD STOP/SLOW sign shall have an octagonal shape,shall be fabricated of rigid material,and shall be mounted with the bottom of the sign a minimum of 6 feet above the pavement on an appropriate support. 5.3.1.3. The size of the STOP/SLOW sign shall be at least 36 x 36 inches with letters at least 12 inches high. 5.3.1.4. The background of the STOP face shall be red with white letters and border. 5.3.1.5. The background of the SLOW face shall be diamond shaped and orange with black letters and border. 5.3.1.6. Both faces of the STOP/SLOW sign shall be retro-ref!ectorized. Page 8 of 14 5.3.2. An AFAD that uses remotely controlled red and yellow lenses and a gate arm to alternately control right-of-way. 5.3.2.1. The AFAD STOP/SLOW sign shall have a means to positively lock,engage,or otherwise maintain the sign assembly in a stable condition when set in the STOP or SLOW position. 5.3.2.2. The AFAD STOP/SLOW sign shall be supplemented with active conspicuity devices by incorporati ng either: 5.3.2.2.1. White or red flashing lights within the STOP face and white or yellow Hashing lights within the SLOW face to meet the provisions contained in Section 6E.3 of the Minnesota Manual on Uniform Traffic Control Devices; or 5.3.2.2.2. A Stop Beacon(see Section 4L.5 of the Minnesota Manual on Uniform Traffic Control Devices)mounted a maximum of 24 inches above the STOP face and a Warning Beacon(see Section 4L.3 of the Minnesota Manual on Uniform Traffic Control Devices)mounted a maximum of 24 inches above, below,or to the side of the SLOW face. The Stop Beacon shall not be Hashed or illuminated with the SLOW face is displayed,and the Warning Beacon shall not be flashed or illuminated when the STOP face is displayed. Except for the mounting locations,the beacons shall comply with the provisions of Chapter 4L of the Minnesota Manual on Uniform Traffic Control Devices. 5.3.2.3. Type B warning lights)(see Section 6F.83 of the Minnesota Manual on Uniform Traffic Control Devices)may be used in lieu of the Warning Beacon during the display of the SLOW face of the AFAD STOP/SLOW sign.If Type B warning lights are used in lieu of a Warning Beacon,they shall flash continuously when the SLOW face is displayed and shall not be Hashed or illuminated when the STOP face is displayed. 5.3.2.4. The faces of the AFAD STOP/SLOW sign may include louvers to improve the stability of the device in windy or other adverse environmental conditions.If louvers are used,the louvers shall be designed such that the full sign face is visible to approaching traffic at a distance of 50 feet or greater. 5.3.2.5. The STOP/SLOW AFAD should include a gate arm that descends to a down position across the approach lane of traffic when the STOP face is displayed and then ascends to an upright position when the SLOW face is displayed. In lieu of a stationary STOP/SLOW sign with a separate gate arm,the STOP/SLOW sign may be attached to a mast arm that physically blocks the approach lane of traffic when the STOP face is displayed and then moves to a position that does not block the approach lane when the SLOW face is displayed. 5.3.2.6. Gate arms shall be fully retro-reflectorized on both sides and shall have vertical alternating red and white stripes at 16-inch intervals measured horizontally.When the arm is in the down position blocking the approach lane: 5.3.2.6.1. The minimum vertical aspect of the arm and sheeting shall be 2 inches;and 5.3.2.6.2. The end of the arm shall reach at least to the center of the lane being controlled. 5.4. RED/YELLOW LENS AUTOMATED FLAGGER ASSISTANCE DEVICE(AFAD)REQUIREMENTS 5.4.1. A Red/Yellow Lens Automated Flagger Assistance Device(AFAD)must alternately display a steadily illuminated CIRCULAR RED lens and a Hashing CIRCULAR YELLOW lens to control traffic without the need for a Nagger in the immediate vicinity of the AFAD or on the roadway. Page 9 of 14 5A.2. Red/Yellow Lens AFADs must have at least one set of CIRCULAR RED and CIRCULAR YELLOW lenses that are 12 inches in diameter.Unless otherwise provided in this Section,the lenses and their arrangement,CIRCULAR RED on top and CIRCULAR YELLOW below,must comply with the applicable provisions for traffic signal indications in Part of the Minnesota Manual on Uniform Traffic Control Devices. 5.4.3. If the set of lenses is post-mounted,the bottom of the housing(including brackets)must be at least 7 feet above the pavement. If the set of lenses is located over any portion of the highway that can be used by motor vehicles,the bottom of the housing(including brackets)must be at least 15 feet above the pavement. 5.4.4. A Red/Yellow Lens AFAD must include a gate arm that descends to a dawn position across the approach lane of traffic when the steady CIRCULAR RED lens is illuminated and then ascends to an upright position when the flashing CIRCULAR YELLOW lens is illuminated. 5.4.5. The gate arm must be fully retro-re flecto rized on both sides and must have vertical alternating red and white stripes at 16-inch intervals measured horizontally.When the arm is in the down position blockingthe approach lane: 5.4.5.1. The minimum vertical aspect of the arm and sheeting must be 2 inches;and 5.4.5.2. The end of the arm must reach at least to the center of the lane being controlled. 6. PORTABLE TRAFFIC CONTROL SIGNALS 6.1, General Requirements 6.1.1, Portable Traffic Control Signals(PTCS)in this Section refer to Trailer-Mounted and Pedestal- Mounted Portable Traffic Control Signals. 6.1.2. Mn/DOT will only purchase Portable Traffic Control Signals(PTCS)that are on Mn/DDT's qualified products list.Contractors can view and obtain information regarding Mn/DOT's qualified product list and evaluation process at Mn/DOT's Traffic Engineering's website. http://www.dot.state.m n.us/products/index.html 6.1.3. The Contractor must ensure equipment meets all current Federal and Minnesota safety codes. All equipment offered must meet the applicable standards and specifications prescribed in Part 4 of the current Minnesota Manual on Uniform Traffic Control Devices and the applicable provisions of Minnesota Department of Transportation(Mn/DOT)2565,Mn/DOT 3834 and Mn/DDT Light Emitting Diode(LED)12 and 8 Inch Ball Traffic Control Signal Indication Specifications,except as specifically provided otherwise in this document. View at: http://www.dot.state.mn.us/trafficeng/pubi/mutcd/index.htmi. 6.1.4. All equipment offered must meet Institute of Transportation Engineers(ITE)LED requirements for: 6.1.4.1. Photometric 6.1.4.2. Colorimetric 6.1.4.3. Environmental 6.1.5. All equipment offered must meet the physical display requirements of conventional traffic signals as specified in Part 4 of the current Minnesota Manual on Uniform Traffic Control Devices (Mn MUTCD),and Mn/DOT specifications 2565 and 3834.Signal Heads must be cast aluminum or polycarhonate.All PTCS heads must have three 12-inch LED indications conforming to Mn/DOT LED 12-and 8-Inch Ba1I Traffic Control Signal Indication Specification.If polycarhonate signal heads are used,they must conform to MN/DOT Polycarbonate Signal Head Specification without Indications as specified in the Mn/DOT Approved Product List. 6.1.6, Signal Indications must be vertically arranged. 6.1.7. PTCS must have background shields and visors. 6.1.8. PTCS must be equipped with operating system having the N E M A TS1 or TS2 Standard capabilities.It must have the capabilities of being operated in a fixed time,actuated and/or manual mode. 6.1.9. PTCS must be capable of operating independently in the fixed time mode(each PTCS by itself). Page 10 of 14 6.1,10, PTCS must communicate between signals via hardwire connection and/or wireless radio link communication when operated in the actuation or manual mode.If the hardwire communication is utilized,the communication cable must be deployed in a manner that will not intrude in the direct work area of the project or obstruct vehicular and pedestrian traffic.If the radio link communication option is utilized,the radio system must conform to Federal Communication Commission requ irements a nd a1I applicable State and Local requirements. 6.1.11, PTCS must be capable of accommodating a pre-emption request which provides a priority green phase in the direction of approaching emergency vehicles. 6.1.12. PTCS must be equipped with diagnostic capabilities in the event of a system default. 6.1.13, PTCS must have a self-contained primary power source.The primary source of power must have sufficient capacity to operate the unit for at least 10 days continuously without external recharge and must be continuously operational as needed fora project. 6.1.14. PTCS must be constructed or equipped for legal transport on public highway system and must be able to travel at posted highway speeds. 61.15, The PTCS must be structurally stable,and all connections must conform with current AISC (American Institute of Steel Construction)standards. 6.1.16. PTCS must be equipped with stabilizing and leveling devices. 6.1.17. Each unit must be supplied with one set of parts,service,and operations manuals as well as a complete wiring diagram. 6.1.18. The Contractor must give adequate orientation in setup,operation,safety and maintenance of supplied equipment at delivery site,before the purchase will be considered complete. 6.1.19. The Contractor must furnish a minimum 3-year manufacturer's warranty.The Contractor must be responsible for the cost of any inspections,adjustments,parts,labor,travel,pickup and/or delivery charges that are a result of equipment failure(s)during the warranty period.This must be performed without any delay.This warranty must commence when the unit is put into service.The Contractor must state warranty for all items requested on the pricing page. 6.2. TRAILER-MOUNTED PORTABLE TRAFFIC CONTROL SIGNAL(PTCS)REQUIREMENTS 5.2.1. Trailer Mounted Portable Traffic Control Signal in this section is defined as those Portable Traffic Control Signals(PTCS)that have a mast arm with one signal head mounted vertically on the upright and with one or more signal head(s)mounted vertically on the mast arm. 6.2.2. PTCS must meet all the requirements listed in the 6.1 General Requirements section,as well as requirements listed in this section of this specification. 6.2.3, PTCS must be mounted with the centers of the signal heads at least 8 feet apart.The bottom of the signal housing(including brackets)of a signal face not located over a roadway must be at least 8 feet but not more than 19 feet above the sidewalk or,if there is no sidewalk,above the pavement grade at the center of the roadway.The bottom of the signal housing and any related attachments to signal face located over a roadway must be at least 17 feet and no more than19 feet above the pavement.The top of the signal housing of a signal face located over a roadway shall not be more than 25.6 feet above the pavement. 6.2.4. PTCS shall be able to withstand a 90mph wind speed in operating mode per AASHTO(2001) Standard Specification for Highway Signs,Luminaries and Traffic Signals.A proof of conformance shall be provided to Mn/DOT. 6.2.5. PTCS shall have four(4)2"X 72"long sections of Reflective Vehicle Conspicuity Tape located on the trailer,such that it is completely visible from all four directions. 6.3. PEDESTAL-MOUNTED PORTABLE TRAFFIC CONTROL SIGNAL(PTCS)REQUIREMENTS 6.3.1_ Pedestal Mounted Portable Traffic Control Signal in this section is defined as those Portable Traffic Control Signals(PTCS)with pedestal and vertical upright mounted signal heads. 6.3.2. PTCS must meet all the requirements listed in 6.1 General Requirements section,as well as requirements listed in this section of this specification. Page 11 of 14 6.3.3. The bottom of the signal housing(including brackets)of a signal face not located over a roadway must be at least 8 feet but not more than 19 feet above the sidewalk or,if there is no sidewalk, above the pavement grade at the center of the roadway.Any part of the device located over a roadway must be at least 17 feet above the pavement. 6.3.4. PTCS must be able to withstand a 60-mph wind speed in operating mode.A proof of conformance must be provided to Mn/DOT. 6.3.5. PTCS must have four(4)2"X 72"I o n g sections of Reflective Vehicle Conspicuity Tape located on the trailer,such that it is completely visible from all four directions. 6.4. PORTABLE TRAFFIC CONTROL 51GNAL(PTCS)TRAILER REQUIREMENTS 6.4.1. Deck must be constructed to be structurally adequate to serve both as a carrier of,and as an operation platform for,all components of the PTCS. 6.4.2. Trailer must be designed for unlimited highway travel. 6.4.3. Tire size must be the largest available(minimum 13"). 6,4,4. Trailer must have heavy-duty fenders. 6.4.5. Trailer must be equipped with electric brakes if required by State and Federal standards. 6.4.6. The trailer must be equipped with a lighting system consisting of taillights,stoplights,and turn signal lights along with the required reflectors.All lights must be protected. 6.4.7. Trailer wiring must be protected against weather and damage. 6.4.8. The Contractor must provide an optional light hook-up capable of being connected to a MnJDOT truck with a standard ICC 7-pin connector and be compatible with Mn/DOT's wiring pattern(per attached MnDOT wiring diagram). 6.4.9. Hitch must have screw jack,with locking pin,that rotates for transporting. 6.4.10. Contractor must have four screw jacks with locking pins for leveling the trailer deck. 7, MOBILE TRAILERS 7.1, MOBILE TRAILER UNIT REQUIREMENTS 7,1.1. For purposes of this section,mobile trailers may include,but are not limited to:Speed Trailers, Radar Trailers,CCTV Trailers,Traffic Detection Sensors,Cell Modems,or any other Traffic Control/Traffic Monitoring equipped trailers. 7,1.2. Mn/DOT will only purchase items that are on Mn/DOT's qualified products list. Other entities/CPVs are not limited to this list.Contractors can view and obtain information regarding Mn/DOT's qualified product list and evaluation process at Mn/DOT's Traffic Engineering website. http://www.dot.state.mn.us/prod(icts/Index.litm1 7.1.3, The Contractor must ensure equipment meets all current Federal and Minnesota safety codes,as well as the requirements of the Manual on Uniform Traffic Control Devices(MUTCD).View at: http:/1www.dot.state.m n.usltra fficeng/publlm utcdlindex.htm I 7.1.4. The mobile trailer system must not overturn or change orientation when it is either fully deployed and raised(sign face parallel to axle)or in the transport position(sign face perpendicular to axle). This must be based on a 3 second wind gust speed of 72 M.P.H.,directed to the front face or rear wall of display(NEMA standards). 7.1.5. The electrical system must be protected from weather and damage. 7.1.6. All Boxes must be weather protected with sealed touch membrane switches or enclosed in a sealed compartment.Panel must indicate switch choices and/or positions. 7.1.7. Solar-charging systems must be sufficient to operate in Minnesota without external charging. 7.1.8. The Contractor must offer all options associated with trailer/system. 7,1.9. Manufacturers standard color is acceptable.The paint must be lead free. 7.1.10. Each unit must be supplied with one set of parts,service,and operations manuals,as well as a complete wiring diagram. Page 12 of 14 7.1.11. The Contractor must give adequate orientation in mounting and removal,operation,safety and maintenance of supplied equipment at delivery site,before the purchase will be considered complete. 7.1,12. The Contractor must furnish a standard manufacturer's warranty.The Contractor must be responsible for the cost of any inspections,adjustments,parts,labor,travel,pickup and/or delivery charges that are a result of equipment failures)during the warranty period.This must be performed without any delay.This warranty must commence when the unit is put into service.The Contractor must state warranty for all items requested on the pricing page. 7.2. TRAILER REQUIREMENTS 7.2.1. Deck must be constructed to be structurally adequate to serve both as a carrier of,and as an operation platform for,all components. 7,2.2, Trailer must be designed for unlimited highway travel. 7.2.3. Tire size must be largest available(13"minimum). 7.2.4. Trailer must have heavy-duty fenders. 7.2.5. Trailer must be equipped with electric brakes if required by State and Federal standards. 7.2.6. Trailer must have lighting that meets FMV55 108. 7.2.7. Trailer wiring must be protected against weather and damage. 7.2.$. The Contractor must provide an optional light hook-up capable of being connected to a Mn/DOT truck with a standard ICC 7-pin connector and be compatible with Mn/DOT's wiring pattern(per attached Mn/DOT wiring diagram). 7.2.9. Hitch must have a screw jack that rotates for transporting. 7.2,10. Unit must have outrigger-type jacks or sliding legs with locking pins for leveling the trailer deck. 8. MNDOT CUSTOM SIGN TRAILERS-This product is being removed from this contract and will be managed directly by a separate contract RFP process solicited and issued by MNDOT. Page 13 of 14 71,rn Vehicle Changeable Message Sign(VCMS) Product Price Sheet Se tentber 23,2020,IOff 2009231]1MNRetailcatalog 1rearwarranty -2vearwarranty ^3Yearwarramygrand Mdelount Padka ge options Item Part Na. unit Prim unit Price unitPncc unit ProtDeGspry ame Fixed Mount 1020A•41X $999500 $8495-75 $8,99575 Unit PriceLiteReader VCMS, 4so y.Mndel10J0A-4 rofileUpper Mount 1020A-41UWAC $11330-56 $9630-97 $10130-97 $106313.97 APO Full Mount 1020XIII-Iv/9R $11,622-78 $9,87936 $10,37936 $10,879.36 Exo Frame Fixed Mount 1020E-4/X $10,995-00 $9 345-75 $9 845-75 $10,345.75 LiteReader®VCMS, 45 city$ Model 102OF-4 Low Profile Upper Mount 102OF•4/UVIAC $12,330-56 1 $10 480-97 $10 980-97 $11,480.97 ARO Fu 11 Mount 1020F•4/uv/9P 12422-78 aaaa$10729-36 $1122936 $11729.36 LiteReader®VCMS, Exo-Frame Fixed Mount 1030A41X $11 840-00 $10 064-00 $10 564-00 $11,065 Clays 4.00 Low Profile Upper Mount 1031 A 410v/AC $13,175,S6 $11199-22 $1169922 $12,199.22 -0ARO Model 1030A-4 �0 Full Mount 1030A-41uv19P $13,467.78 511 447.61 $11,947.51 $12,447.61 LiteReader®VCMS, Ex0-Frame Fixed Mount 1039F•4/X $13,195,00 $11,215,75 $11,715-75 $12,215.75 45 Gaya Model 1030E-4 Low Profile Upper Mount 103DF•4/uvIAC $14,530,56 $12,350,98 $17"As]-98 $13,350.98 RRo Full Mount 103DF-4/UV/6P $14,822.78 $12,599.36 $13,099.36 $13,599.36 LlteReaderOVCMS, Exa-Frame Fixed Mount 77i0E-4Ix 51s495-00 513170.75 513,57a-75 $14170.75 fiD�ays Model 1230E-4 Low Profile Upper Mount 1230E-4/UVIAC 516 989-44 514 441=02 $14 941-92 $15 441.02 ARC Full Mount 1230E-4/UV/0R 517 289-44 510.696-02 $15 196-02 515 696-02 20 D9230IMN Unit Price Guide rtemlrCmalciQ rmn Prim:PriWS lister are from tip L:te.Reader venlcle Changeallle Message$lgn{VCM512020 Recall Products Pelce Catelug- i Ye-RIP.—ty torte Pace:Prices reflecta 1$%Di,,..nt from the LiteReader VCMS 2020 Retell Product&Price Catalog. 2 Yenr W—ty 03k Pace:Prices reflects 1$%D,,W,nt from the LiteReader VCMS 2020 Retail Product&Price C taleg,plus the 1 year extendecl w4t aney price of 5900-00. 3 Year Wwronty Unit Wee-Foes reflect a 15%Dismunt from thP.uteReadot VCMS 2020 RM. iI Product Price Catalog,plus the 2year P. -rwkd wa,,army prm of$1,OOD.DO- OleSys Inc.We Page:ww.frtesys.Com,DteMader VC.41S Prod un Psrochutes:w w.IRerature.lhesystom P.O.li4c 219,1513 Pollywog lane,9elgrade MY S9714,Phone:{406138&9317 Fax{406138&9317