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HomeMy WebLinkAboutContract 61418City Secretary Contract No. 61418 FORT WORTH, N* VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through, its duly authorized Assistant City Manager, and Mobotrex, Inc. ("Vendor"), a Texas Corporation, and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A — Scope of Services 3. Exhibit B — Price Schedule; 4. Exhibit C — Verification of Signature Authority Form Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Vendor shall provide traffic signal cabinets, isolators, adapters, displays, and other various traffic signal cabinet components. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire one year ("Expiration Date") after completion of the Services, unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to Four (4) renewal options, at City's sole discretion. 3. Comuensation. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," — Price Schedule. Total payment made under this Agreement for the first year by City shall be in an amount up to Three Hundred Thirty Thousand Dollars ($330,000.00). Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement City Secretary Contract No. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor 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 City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City 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 City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City 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 Vendor Services Agreement City Secretary Contract No. 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 Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. Indeuendent Contractor. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors and sub -vendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and Subvendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees or Subvendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or Subvendor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or Subvendor. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR 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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING 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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City'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 City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all Vendor Services Agreement City Secretary Contract No. negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City 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, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City 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, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City 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 City'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 City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. Assignment and Subcontracting. 9.1 Assiiu went. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate Vendor Services Agreement City Secretary Contract No. 10.2 (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, 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 City to evidence coverage. General Reauirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City 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 City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City 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 Vendor Services Agreement City Secretary Contract No. 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 City 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 City prior to Vendor proceeding with any work pursuant to this Agreement. 11. ComDliance with Laws. Ordinances. Rules and ReLyulations. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 11.1 Federal ComDliance: Vendor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, domestic preference and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Vendor shall notify each potential subcontractor or supplier of the Vendor's federal compliance obligations. These may Include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; (g) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (h) applicable provisions of the Davis -Bacon Act under 40 USC § 3141 — 3148, and the Contract Work Hours and Safety Standards Act under 40 USC § 3701 — 3708; (i) applicable provisions of the Rights to Invention Made Under Contract or Agreement Act under 37 CFR Part 401; 0) applicable provisions of the Clean Air Act under 42 USC § 7401 — 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251-1387, and the Energy Policy Conservation Act under 42 USC § 6201; (k) compliance with all Buy America requirements under 23 USC 313 and 23 CFR 635.410, which require a domestic manufacturing process for any steel or iron products; (1) Compliance with Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment under 2 CFR §200.216 and §200.471; (m) Compliance with Procurement of Recovered Materials under 2 CFR §200.323; (n) compliance with federal assistance programs under Executive Order 12549, Debarment and Suspension, which prohibit participation of debarred or suspended or otherwise excluded from or ineligible vendor or its suppliers using federal funds; (o) compliance with federal restriction on lobbying expenditures under 2 CFR 200 clauses: (p) consistent with Domestic preferences for procurements under 2 CFR §200.322, which provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States as appropriate and to the greatest extent practicable. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, Subvendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor Services Agreement City Secretary Contract No. Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. 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 CITY: To VENDOR: City of Fort Worth Mobotrex, Inc. Attn: Jesica McEachern, Assistant City Manager Attn: Vincent Holdridge 200 Texas Street 15825 Impact Way, Bldg. 1 Suite 100 Fort Worth, TX 76102-6314 Pflugerville, TX 78660 Facsimile: (817) 392-8654 Facsimile: NA With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Emulovees. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Vendor Services Agreement City Secretary Contract No. 19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 26. Immigration Nationalitv Act. Vendor 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 City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor 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 Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in Vendor Services Agreement City Secretary Contract No. conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. Signature Authoritv. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Change in Comvanv Name or Ownership. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 31. Prohibition on Bovcotting Energv Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City Vendor Services Agreement City Secretary Contract No. 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 Vendor 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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. 33. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. (signature page follows) Vendor Services Agreement ACCEPTED AND AGREED: CITY OF FORT WORTH: By: C>1-1—v Name: Jesica McEachern Title: Assistant City Manager Date: May 15, 2024 APPROVAL RECOMMENDED: By: Name: Lauren Prieur Title: Director- Transportation & Public Works Department ATTEST: By: Name: Jannette S. Goodall Title: City Secretary VENDOR: MoboTrex, Inc By: Name: Vincent Holdridge Title: Inside Sales Rep. Date: 04/30/2024 F FORT°�aa Pao o�1d °duo o=d° aa�p TBZA5o4'.d nUnuao� CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 4°'°"' Name: Aziz Rahman Title: Engineering Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Jeremy Anato-Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0194 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES The City of Fort Worth (City) seeks a bid to finalize an agreement for Traffic Signal Cabinets and related components for the Transportation and Public Works Department on an "as needed" basic. The quantities listed on the price submittal are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City is obligated to pay for only those services actually ordered by an authorized City employee and then received as required and accepted by the City. Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. Vendor Services Agreement — Exhibit A EXHIBIT B PRICE SCHEDULE Vendor Services Agreement — Exhibit B FORT WORTH. PRICING SHEET (revised) Event ID Page Submit To: City of Fort Worth CFWO1-21-0017 1 Event Round Version FINANCIAL MANAGEMENT SERVICES 1 2 FINANCE - City Hall Purchasing Event Name 200 Texas St. RFP Traffic Signal Cabinets Fort Worth TX 76102-6314 Start Time Finish Time United States 12/13/2023 15:00:00 CST 01/18/2024 13:30:00 CST Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 2 Description: Qtv Unit UnitPrice Total Model 352i Cabinet with 16 Channels 15.00 EA $15,840.00 $237,600.00 Alternate Brand: MoboTrex Model: 352i-16 Line: 3 Description: Qtv Unit UnitPrice Total Model 352i Cabinet with 32 Channels 10.00 EA $22,180.00 $221, 800.00 Alternate Brand: MoboTrex Model: 352i-32 Line: 4 Description: Qtv Unit UnitPrice Total Model 350i Cabinet with 32 Channels 1.00 EA $25,740.00 $25,740.00 Alternate Brand: MoboTrex Model: 350i-32 Line: 5 Description: Qtv Unit UnitPrice Total Model 356i Cabinet with 16 Channels 1.00 EA $15,330.00 $15,330.00 Alternate Brand: MoboTrex Model: 356i-16 Line: 6 Description: Qtv Unit UnitPrice Total Model 357i Cabinet with 8 Channels 5.00 EA $13,510.00 $67,550.00 Alternate Brand: MoboTrex Model: 357i-8 Line: 7 Description: Qtv Unit UnitPrice Total Model 332A Cabinet Shell 10.00 EA $2,720.00 $27,200.00 Alternate Brand: MoboTrex Model: ELS3322LF Line: 8 Description: Qtv Unit UnitPrice Total DC 242L EDI Isolator 56.00 EA $52.00 $2,912.00 Alternate Brand: Eberle Desian Model: 242E Line: 9 Description: Qtv Unit UnitPrice Total 252 AC Isolator 41.00 EA Alternate Brand: pnr. Model: 252 AC $35.00 $1,435.00 FORT WORTH. PRICING SHEET (revised) Event ID Page Submit To: City of Fort Worth CFWO1-21-0017 2 Event Round Version FINANCIAL MANAGEMENT SERVICES 1 2 FINANCE - City Hall Purchasing Event Name 200 Texas St. RFP Traffic Signal Cabinets Fort Worth TX 76102-6314 Start Time Finish Time United States 12/13/2023 15:00:00 CST O1/18/2024 13:30:00 CST Email: FMSPurchasingResponses@fortworthtexas.gov Line: 10 Description: Qtv Unit UnitPrice Total CMU 2018 KCLiP 2.00 EA $1,080.00 $2,160.00 Alternate Brand: Eberrle Desiqn Model: CMU 2018 KCLIP Line: 11 Description: Qtv Unit UnitPrice Total CMU Data Key Programmer (USB) 50.00 EA $530.00 $26,500.00 Alternate Brand: Eberle Desiqn Model: CMU DATA KEY PROG Line: 12 Description: Qtv Unit UnitPrice Total Auxiliary Unit Display 100.00 EA $570.00 $57,000.00 Alternate Brand: Eberle Design Model: AUD Line: 13 Description: Qtv Unit UnitPrice Total LS, 2202-HV-MC HDSP/Flasher Unit ATC 50.00 EA $246.00 $12,300.00 Alternate Brand: Eberle Design Model: Line: 14 Description: Qtv Unit UnitPrice Total SIU, 2218 ATC 5.00 EA $298.00 $1,490.00 Alternate Brand: EhPrIP Design Model: SIU 2218 Line: 15 Description: Qtv Unit UnitPrice Total CMU, 2212-HV-MC (ip) 32 CH with Ethernet 1.00 EA Port, ATC $765.00 $765.00 Alternate Brand: Eberle Desiqn Model: 2212-HV Line: 16 Description: Qtv Unit UnitPrice Total EDI Power Supply 2216 (24,48VDC) 1.00 EA $510.00 $510.00 Alternate Brand: Eberle Design Model: 221E-PS Line: 17 Description: Qtv Unit UnitPrice Total Model 204 Flasher 2.00 EA 204 $30.00 $60.00 Alternate Brand: PDC Model: Line: 18 Description: Qtv Unit UnitPrice Total Model 200 Load Switch 50.00 EA Alternate Brand: PDC Model: 200 $29.00 $1,450.00 FORT WORTH. PRICING SHEET (revised) Event ID Page Submit To: City of Fort Worth CFW01-29-0017 3 Event Round Version FINANCIAL MANAGEMENT SERVICES 1 2 FINANCE - City Hall Purchasing Event Name 200 Texas St. TTB Traffic Signal Cabinets Fort Worth TX 76102-6314 Start Time Finish Time United States 12/13/2023 15:00:00 CST 01/18/2024 13:30:00 CST Email: FMSPurchasingResponses@fortworthtexas.gov Line: 19 Description: Qtv Unit UnitPrice Total 430 Transfer Relay 100.00 EA $24.00 $2,400.00 Alternate Brand: Struthers dunn Model: PAR335 Line: 20 Description: Qtv Unit UnitPrice Total P Base Adapter 25.00 EA $378.00 $9,450.00 Alternate Brand: MoboTrex Model: AQC11186P004 Line: 21 Description: Qtv Unit UnitPrice Total Kit, ATC Cabinet Input Test Panel 2.00 EA $930.00 $1,860.00 Alternate Brand: Mithcell Disolav Model: 578E-1A Total Bid Amount: $715,512.00 mobotrey.,e MOBII ITY S7 TRAFFC FXR�n S 33.2 Executive Summary — MoboTrex has been manufacturing traffic products for 55 years. We have a full state of the art manufacturing facility in Pflugerville, TX. We employ some 100 employees at that facility and produce traffic signals, cabinets, and other traffic products. We routinely build custom traffic cabinets for customers across the country. We have full engineering department committed to catering to specific cabinet needs. 33.3 Company History and Ownership- MoboTrex has been manufacturing traffic products for 55 years. We have a full state of the art manufacturing facility in Pflugerville, TX. We are privately owned by the Schiltz family. No subcontractors are used in manufacturing processes. 33.4 Company Experience- MoboTrex has been manufacturing traffic products for 55 years. We have a full state of the art manufacturing facility in Pflugerville, TX. We employ some 100 employees at that facility and produce traffic signals, cabinets, and other traffic products. We routinely build custom traffic cabinets for customers across the country. We have full engineering department committed to catering to specific cabinet needs. We have been servicing the City of Fort Worth for several years, providing traffic products and services. 33.5 The Proposer shall demonstrate they have the preferred minimum experience of five (5) years of experience for which the Proposer has provided Traffic Signal Cabinets to customers similar to the size of the City- MoboTrex has been manufacturing traffic products for 55 years. We have a full state of the art manufacturing facility in Pflugerville, TX. We employ some 100 employees at that facility and produce traffic signals, cabinets, and other traffic products. We routinely build custom traffic cabinets for customers across the country. We have full engineering department committed to catering to specific cabinet needs. Please refer to our references provided as a sample of traffic cabinets we have provided to a few others. 33.6 The Proposer shall submit a report of their traffic signal cabinet sales in the last three (3) years- MoboTrex has been manufacturing traffic products for 55 years. We sell hundreds of cabinets through our dealer and distributor network across the Country. Proposer's approach to providing Traffic Signal Cabinets shall reflect the abilitv to meet requirements in accordance with Exhibit A - We routinely build custom traffic cabinets for customers across the country. We have full engineering department committed to catering to specific cabinet needs. Organization chart for kev personnel and iob descriptions indicating the qualifications and experience of kev personnel - President Robert Clamp>Channel Sales Director Brent Katauskas>lnside Sales Rep Vince Holdridge Proposer's financial and litigation historv- MoboTrex has been manufacturing traffic products for 55 years. We have a full state of the art manufacturing facility in Pflugerville, TX. We employ some 100 employees at that facility and produce traffic signals, cabinets, and other traffic products. We do business with more than 50 other suppliers, vendors, and companies. 15825 Impact Way, Building 1, Suite 100, Pflugerville, TX 78660 1 MoboTrex.com YGAGE SECTION B-B CAGE BOTTOM (4) PLACES SCALE 0.375 CITY 2 QTY2A-A QTY 2 9 LACES15 PLACES SCALE 0.375 16 ^ ' L 66.62 B 30.25�6 24.25 SCALE 0.062 22 CITY 6 SCALE 0.120 RAISED TO SHOW MOUNTINC OF ITEMS 21 R 22 Q' CITY DETAIL C SCALE 0.312 VIEW rge,!! � W05 tv �. / DETAIL SCALE 0.187 EE SECTION A -A 4 VIEW DETAIL C PROE o­ fB. ERROWN �K �...a,�....,„ ,. CABINET ASSY, 332L, W/FAN eEE �M ZONE m� PANEL ELS3322LF 2018KCL Type 170/207018 Channel Signal Monitor The EDI 2018KCL Signal Monitor is designed to upgrade the capabilities of the basic 210 12010 monitor used in Type 1701179 Output Files. The unit is fully compatible with the requirements of the 170, 179, and 2070 Controller Units. The 2018KCL utilizes enhanced monitoring functions to increase cabinet fault coverage, providing additional assurance that equipment malfunctions will be detected and diagnosed properly. M,1,,� A removable DatakeyTM memory device contains all the monitor set-up information and comDletely eliminates the need for a diode Proaram Card, soldered iumDers and DIP switches. Model 2018KCLip: 18 channel with Ethernet Port Model 2018KCL: 18 channel with EIA-232 Port OPERATIONAL FEATURES Enhanced 210 Monitoring Functions: The 2018KCL meets all requirements of the Caltrans "TSCE Specifications 1189" and Caltrans TEES, March 2009. Basic fault coverage includes Conflict, 24Vdc, and CU Watchdog monitoring. Red Monitoring senses the absence of signals on a channel, and requires the output file to be wired for Red signals. Dual Indication Monitoring detects simultaneous active signals on a channel. Clearance Monitoring ensures sequencing of signals with a proper minimum yellow clearance interval for both vehicle and pedestrian channels. AC Line Monitoring detects and responds to low AC Line voltages as well as interruptions with a minimum flash interval. Datakey Configuration Memory: Complete 2018KCL programming is provided by an interchangeable DatakeyTM nonvolatile memory device. This rugged key stores all 2018KCL configuration parameters and completely eliminates monitor programming using jumpers, diodes, or DIP switches. Ethernet network parameters are also included (firmware version xx56 or greater). Setup Wizard: Use the MonitorKey® Setup Wizard to automatically and accurately configure the Enhanced settings of the 2018KCL by answering a short series of questions regarding intersection geometry and operation. Event Logging: The 2018KCL monitor maintains a 100 record nonvolatile event log which contains records of fault events showing the complete intersection status as well as AC Line events, configuration changes, monitor resets, cabinet temperature and true RMS voltages. A real time clock time - stamps each log event with time and date. RYG Full Intersection Display: The Full Intersection display uses Red, Yellow, and Green LEDs to show active colors of all channel inputs simultaneously for real-time intersection status. EDI RMS-Engine: A DSP coprocessor converts ac input measurements to True RMS voltages, virtually eliminating false sensing due to changes in frequency, phase, or sine wave distortion. LEDguard®: This EDI innovative signal thresholding technique is used to increase the level of monitoring protection when using LED based signal heads. Recurrent Pulse Detection: The Recurrent Pulse (RP) Detection function supplements the Conflict, Dual Indication, and Red Fail algorithm. RP Detection works in conjunction with the RMS-Engine to detect faults that are pulsing or intermittent in nature. Flashing Yellow Arrow PPLT: Three operational modes are built-in for support of the MUTCD Flashing Yellow Arrow PPLT operation depending on the number of load switches in the cabinet. Communications to Controller Unit or PC: An EIA-232 serial port or optional Ethernet port (2018KCLip) provides access to status and event logs by a local or TMC computer running EDI ECcom Windows based software. Signal Sequence History Display: Five Signal Sequence History logs stored in nonvolatile memory each graphically display 30 seconds of signal status prior to each fault event. The resulting display eases diagnosing of intermittent and transient faults by viewing the exact signal states that the monitor sensed. Datakey is a trademark of Datakey Electronics Inc. MonitorKey and LEDguard are trademarks of Eberle Design Inc. EBERLE DESIGN INC. 3510 East Atlanta Avenue Tel [4B01 966-6407 \ / Phoenix, AZ B5040 USA Fax (602) 437-1 99B www.E01treffic.com 2018KCL Catalog Sheet—082819 Designed, Manufactured and Tested in the United States of America ISO 9001:2015 Registered Auxiliary Display Unit ATC / ITS Cabinet CMU Auxiliary Display Unit (ADU) The EDI Auxiliary Display Unit (ADU) is a rack mounted display module that provides an LED four color by thirty- two channel Full Intersection Display along with an LCD SmartMonitor° technology menu driven interface to the CMU-212 and CMU-2212 Cabinet Monitor Unit (CMU). The unit installs in a 1 U height 19" rack space and provides a menu driven user interface to the enhanced features of the CMU monitor including the built-in Diagnostic Wizard. Data is passed between the CMU and the Auxiliary Display Unit via the cabinet Serial Bus #3. No modifications to the cabinet wiring are necessary. ❑ Use a built-in DIAGNOSTIC WIZARD to automatically diagnose cabinet malfunctions and pinpoint faulty signals. ❑ Automatically isolate and identify problems generated by the Controller from actual load bay and field issues. ❑ Use a MENU DRIVEN LCD interface to view vital cabinet operational details such as field signal voltages, historical event logs, and monitor configuration data. ❑ Upgrade the CMU Cabinet Monitor to include SmartMonitor® capabilities with the addition of the CMU Auxiliary Display Unit. No cabinet wiring changes are necessary. • Model ADU-2220 ATC Cabinet, powered by 48 Vdc • Model ADU-2220C ATC Cabinet, powered by 48 Vdc, Compact 14" size • Model ADU ITS Cabinet, powered by 120 Vac ADU OPERATIONAL FEATURES Basic Functions: 0 32 channels of Red, Yellow, Green LED indicators display Full Intersection status 0 32 Blue Fault Status LED indicators identify faulty channels 0 Menu Driven LCD provides operation over full -340C to +7411C NEMA temperature range 0 Context sensitive Help screens 0 Provides proper electrical termination to Serial Bus #3 LED Display Indicators: 32 channels of Red, Yellow, Green LED indicators display Full Intersection status. 32 blue Fault Status LED indicators identify faulty channels. The ADU-2220C provides 16 channels plus 4 virtual channels. Liquid Crystal Display: 4 Line by 20 Character menu driven Liquid Crystal Display with backlight and heater. CMU & Cabinet Status: Display CMU and cabinet status including field voltages, currents, and fault status. Review event logs, get Help, and launch the Diagnostic Wizard. Diagnostic Wizard: The CMU Diagnostic Wizard automatically pinpoints faulty signals and offers trouble -shooting guidance. Automatically isolate and identify problems generated by the CU from actual load bay and field issues. Event Logging: View the CMU time -stamped nonvolatile event log records with the complete intersection status as well as AC Line events, configuration changes, monitor resets, temperature and true RMS voltages. Help System: The integrated Help System provides context sensitive operational assistance. Dimensions: ADU & ADU-2220: 1.75 inches High (1 U) x 19.0 inches Wide x 4.0 inches Deep ADU-2220C: 1.75 inches High (1 U) x 14.0 inches Wide x 4.0 inches Deep EBERLE DESIGN INC. 3510 East Atlanta Avenue Tel (460) 966-6407 Phoenix, AZ B5040 USA Fax (602) 437-1996 www.EDltraffic.com CMU-ADU Catalog Sheet — 080816 Designed, Manufactured and Tested in the United States of America ISO 9001:2000 Registered Manufactured under US Patent No 7,246,037 SmartMonitor is a trademark of Eberle Design Inc. Muni MonmitorKey CMU Data Key Programming Tool The DatakeyTM device replaces the traditional conflict monitor Programming Card and eliminates the need for mechanical switches, jumpers, and diode cards. This rugged DatakeyT"^ serial memory device is used to store all the configuration parameters for the monitor system and is completely removable and interchangeable. The EDI MonitorKey® CMU Data Key Programming Tool provides the hardware programming interface between a Personal Computer (PC) and the DatakeyTM serial memory. This compact tool connects to a serial port of the PC and uses the included MonitorKey° software to read, write, and verify the contents of the DatakeyTM device. Software Wizards are provided to simplify the initial setup of the parameter database as well as check for data consistency errors. The EDI MonitorKey® software supports all programming parameter requirements of the CMUip-2212, CMU(ip)-212, and the EDI model 2018KCL(ip) signal monitors. nice+ "y Standard Model: • MonitorKey-USB uses a USB cable to connect to the PC 0- MonitorKeyo Programming Tool Standard Features: Parameter Forms: Easy to use Parameter Forms are provided for each category of configuration data depending on the monitor model being programmed; Unit Data, Permissive Matrix, Lack of Signal, Multiple Input, Clearance, Current Sense, Field Check, Yellow Disable, Virtual Channels, etc.. DatakeyT"" Operations: The programming tool provides the capability to Read and Write data from the DatakeyTM device. A Verify operation will then confirm that the data contained in the DatakeyTM device matches that in the Parameter Forms. File Management: Each DatakeyTM parameter database can be stored or retrieved from a disk file. Initial Setup Wizard: The Parameter Setup Wizard assists a user in setting up the initial programming for a monitor. Answering a series of questions related to intersection geometry and phase assignments provides the necessary input to the Wizard to automaticallv configure the parameter database for most parameter forms. The Setup Wizard minimizes the need to understand complex and often confusing monitor terminology needed to correctly and accurately program the monitor configuration. Parameter Check Wizard: The Parameter Check wizard will apply a set of basic configuration rules to the parameter database and provide detailed warnings that configuration conflicts may exist. Parameter Report: The contents of the parameter data buffer can be displayed in a hex format for numerical analysis. A report can also be printed that specifies all parameter settings in a natural language format. Install Program: The MonitorKey® software comes with a simple to use installation program and is compatible with Microsoft WindowsTM XP, Vista, and Windows 7l8 (32 & 64 bit). Compatible Monitor Products: The MonitorKey® software is compatible with the CMUip-2212, CMU-212, CMUip-212, 2018KCL, and 2018KCLip signal monitors. Datakey is a trademark of Dalakey Electronics Inc. MonitorKey is a trademark of Eberle Design Inc. /**0\E01 EBERLE DESIGN INC. 3510 East Atlanta Avenue Tel (460) 966-6407 Phoenix, AZ 65040 USA Fax (6O2) 437-1996 www.EOltraffic.com \0*/ MonitorKey Catalog Sheet 081613 Designed, Manufactured and Tested in the United States of America ISO 9001:2008 Registered PS-2216 High Efficiency ATC Cabinet Power Supply The EDI PS-2216 Series is a 19" rack mounted high power supply (175 watts) for the Advanced Transportation Controller Cabinet (ATCC). The compact 1 U height unit is designed to save important front rack space. The PS-2216 Series uses modern switching technology and provides full output regulation across changes in AC Line voltage and output load over the full operating temperature range of -34C to +74C without the need for a fan. Power Factor Correction is also provided. The 12VDC output is intended to power the Input Assemblies (detection), and can help save wasted power when operating many types of detectors at 24 Vdc. ❑ PS-2216-2412-HV 48VDC @1 Amp, 24VDC @5 Amp, and 12VDC @5 Amp (See Note#1) ❑ PS-2216-24-HV 48VDC @1 Amp, 24VDC @5 Amp PS-2216 OPERATIONAL FEATURES Basic Functions: The PS-2216-2412 provides 175 watts total power with a 48 Vdc auxiliary output, and two fully isolated 24 Vdc And 12 Vdc outputs over the full -34oC to +74oC NEMA operating temperature range. B 5 Amp Maximum Load Current capability for each isolated 24Vdc or 12Vdc output B 1 Amp Maximum Load Current for the 48 Vdc internal cabinet supply Ef Note #1: Total combined Output DC power (24Vdc+12Vdc+48Vdc) must be limited to 175 watts. RI Full Output Regulation +l- 2% over line and load RI High Efficiency 0 Power Factor Corrected Display Indicators: Separate green LED indicators display AC input status, DC output status and associated fuse integrity. Input Voltage Operating Range: 80 Vac to 270 Vac at 60 or 50 Hz Power Factor Corrected (PFC): A Power Factor Correction circuit ensures a full load power factor of 0.98 or better, reducing peak AC Line input current and associated stress on wiring. Inrush current limited. Output Protection: The outputs are fused for over -current protection. The outputs are also protected against voltage transients by a 1500 Watt suppressor. Output Connector Pins: Phoenix Contact 1825161 (mates with 1825352 male harness plug) Pin Function Pin Function 1 +48VDC 3 +24VDC 2 48VDC Ground 4 +12VDC 6 Earth Ground 5 24112 VDC Ground Dimensions: 1.75 inches High x 19.0 inches Wide x 7.5 inches Deep EE3ERLE [DESIGN INC. /0'\E01 3510 East Atlanta Avenue Tel (480) 968-6407 Phoenix, AZ 35040 USA Fax 16021 437-1996 www. Ealtr-affiic. com \W/ PS-2216 Catalog Sheet — 061616 Designed, Manufactured and Tested in the United States of America ISO 9001:2008 Registered cnnu-2�2 ITS CABINET MONITOR UNIT The EDI CMU-212 Cabinet Monitor Unit is intended to operate with the AMU- 214 Auxiliary monitor Unit to form a compact and modular cabinet malfunction management system for the ITS Cabinet. The CMU-212 functions as the main cabinet fault monitoring component. It offers the broadest fault coverage of any monitoring system and incorporates full event logging and status reporting, providing the signal technician with powerful monitoring and trouble -shooting tools to ensure that cabinet malfunctions are detected, diagnosed, and repaired with confidence. The CMU-212 meets all requirements of the ASHT011TE/NEMA Intelligent Transportation System Standard Specification for Roadside Cabinets version 01.02.17b, as well as the Caltrans TEES, August 2002 requirements. CMU-212 ENHANCED FEATURES Configuration: Capable of monitoring up to 28 physical load switch channels (RYG) plus 4 virtual channels for a total 32 channel capacity. CMU Programming: Complete CMU-212 programming is provided by an interchangeable DatakeyTM nonvolatile memory device. This rugged key stores all CMU-212 configuration parameters and eliminates programming using jumpers, diodes, or DIP switches. Monitor programming parameters can be easily developed using the software wizards provided by the EDI MonitorKeyTM Programming Tool. Standardized Communications: Real-time SDLC communications with the Advanced Transportation Controller (ATC) provides complete monitor status to the ATC including field status, fault status, and configuration programming. Load Current Monitoring: Using the load switch current information from the AMU-214, dark intersection approaches resulting from a no-load condition can be detected at the time of the fault rather than waiting for the signal to cycle. Field Check Monitor: The CMU-212 analyzes the ATC output commands and field input status to isolate whether the cabinet fault was caused by an ATC malfunction or a failure in the load bay or field wiring, and identifies the faulty channel and input directly. Event Logging: The CMU-212 maintains a nonvolatile event log recording the complete intersection status as well as previous fault events, AC Line events, configuration changes, monitor resets, cabinet temperature and true RMS voltages for all field inputs. A real time clock stamps each event with time and date. Signal Sequence History Log: The Signal Sequence History Log stored in nonvolatile memory graphically displays up to 30 seconds of signal status prior to the fault trigger event with 50ms resolution to ease diagnosing of intermittent and transient faults. ECcomTM PC Software: Access to the CMU-212 data is provided by the industry standard EDI ECcomTM Windows based software for status, event log retrieval, configuration, and data archival. MonitorKey Programming Tool: The EDI MonitorKey Programming Tool provides a simple but complete solution to programming the CMU-212 parameters into the DatakeyTM. The software includes a Parameter Setup Wizard that simplifies the initial set-up of the parameter database. EBERLE DESIGN INC. 3819 East Le Seale Street Tel 14801 968-6407 / Phoenix. AZ 85040 USA Fax 16021 437-1996 www.EOtraffic.com CMU-212 Catalog Sheet — 072607 Designed, Manufactured and Tested in the United States of America ISO 9001:2000 Registered ECcom and MonitorKey are trademarks of Eberle Design Inc.. Datakey is a trademark of Datakey Electronics 47.160 REF 4.000 26.500" REF. REF. 1.125" REF, TYP, REEF 4 PLCS. I I I I I I F - - I I I I I I I I I I I II I I I I I I I I I a 3 C II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I ------I I V V L J L = _ _ _ _ L I I I I I I I I I I I I C) a C I I I I I I I I I I I I I I I I I I I I L J I I I I f I 5.580 0 REF L- - - - - - - - - - - - - - - - - - - - L - - - - - 2 L - - - -- - - - - - - - - - - - - - - - - TEP VIEW -8 000 REF- �5.0001_ BMTTEM VIEW REF. VIEW FROM BOTTOM OF BASE TM1e inro�me4pn cpnreineE h—. is ft prp —r ptp d Mo—. end is EisclpseC wiM Me --d.,g Wrpose pMertlien MetfirwM1icM1°Eiscicsetl ar Ua tlppllcatetl iwr c W In wfipM or part nor Ga—d ror any mobotre�: A, I`„ °,°° wwN�ap.aax°p,. 332 BASE ADAPTER mAmR,aarw FOR "P" FOUNDATION nnpmprw� a.oa-.<� D waw sry EQCa171.865 21 / 136 Series - Flash Transfer Relay DPDT, 30 Amp Q� The 21 and 136 series flash transfer relays have a proven industry record of reliability. Their C 7`1 us rugged design has allowed the products to be plugged in and left, for years of service. E13224 Recent changes in lighting techniques from incandescent to LED have prompted us to respond 21 Series only with a redesigned relay better suited for the low currents of LED lighting, but equally usable with tungsten lamps. GENERAL SPECIFICATIONS (@ 25° C) Contacts: Contact Configuration Contact Material Contact Rating 120 / 240VAC Resistive 28VDC Resistive Motor 120VAC 1 Phase Motor 240VAC 3 Phase 120VAC Tungsten Contact Resistance, Initial Coil: Coils Available Nominal Coil Power Input Voltage Tolerance - AC Input Voltage Tolerance - DC Drop -out voltge Duty Timing: Operate Time (max) Release Time (max) Dielectric Strength: Across Open Contacts Between mutally insulated point Insulation resistance Temperature: Operating Storage Life Expectancy: Electrical (full load) Mechanical (no load) 21 Series DPDT Silver Alloy 30 Amp 30 Amp 1Hp 2Hp 20 Amp 100 milliohms max @ 6VDC AC and DC 2 AVA 70% to 110% of nominal 70% to 110% of nominal 10% of nominal Continuous 20 mS 20 mS 500Vrms 1500Vrms 10,000 Mohms min @ 50OVDC -34 to 74°C (-30 to 165°F) -40 to 105°C (40 to 221 °F) 200,000 5,000,000 136 Series DPDT Silver Alloy 30 Amp 20 Amp 1/4Hp 20 Amp 100 milliohms max @ 6VDC AC and DC 6VA 85% to 110% of nominal 75% to 110% of nominal 10% of nominal Continuous 20 mS 20 mS 500Vrms 1500Vrms 10,000 Mohms min @ 50OVDC -34 to 74°C (-30 to 165°F) -40 to 105°C (-40 to 221 °F) 100,000 5,000,000 Miscellaneous: Mounting Position Any Any Enclosure Clear Polycarbonate Clear Polycarbonate Weight 7.2oz (205 grams) 8.1oz (230 grams) The 21 series coil is rectified which provides chatter free operation in brownout conditions down to 85VAC and will not overheat up to 130VAC. Rectified coils also pro- vide less power consump- tion and less heating. Special Purpose Relays Wire Diagram Newly Available Ordering Code 21 XBX P 120VAC Series T 21 Contact Arrangement - XBX - (1 form C - DPDT) Optional Features Polycarbonate cover - CODE P LED for coil voltage indicator - CODE L *Gold diffused, serrated contacts - CODE 33 Coil Voltage AC: 120, 240 (Add VAC) DC: 12, 24 (Add VDC) Coil voltages and frequencies must be specified *Ideal for LED lamp applications 3. (91 Outline Dimensions Dimensions Shown in inches & (millimeters) 46 (11.8) 7 4) 2.12 (53.9) 0.06 f (1.5) 1.00 (25.4) 50 1.75 (12.7 (44.5) 0 0 0 t 43 0.25 \ Polarizing Pin (11.0) (6.3) 2.37 (60.3) - Legacy Part Number Chart Part numbers Voltage 21 ACPX-2 120VAC 21 ACPX-8 240VAC 136-62T3A1 120VAC EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY MOBOTREX, INC. 15825 IMPACT WAY, BLDG. 1 SUITE 100 PFLUGERVILLE, TX 78660 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Vincent Holdridge Position: Inside Sales Rep Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President / CEO Other Title: Date: Vendor Services Agreement — Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ 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 Government Code, by a vendor who Date Received has a business 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 filed with the records administrator of the 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 Code. An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. Vincent Holdridge/ MoboTrex, Inc J ❑ Check this box if you are filing 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.) J Name of local government officer about whom the information is being disclosed. N/A Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes Fx-1 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 or a family member of the officer AND the taxable income is not received from the local governmental entity? 71 Yes XI No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation 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. NONE J ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J v 04/30/2024 Signature of vendor doing busine with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 3/20/24. 6:58 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 3/19/2024 REFERENCE NO.. CODE: P TYPE Official site of the City of Fort Worth, Texas FoRTWORni **M&C 24- 13P RFP 24-0017 0194 LOG NAME: TRAFFIC SIGNAL CABINETS KQ CONSENT PUBLIC NO NO SUBJECT: (ALL) Authorize Execution of Non -Exclusive Agreements with Consolidated Traffic Controls, Inc. and MoboTrex, Inc. for the Purchase of Traffic Signal Cabinets and Related Components for the Transportation and Public Works Department in an Annual Amount Up to $830,000.00 and Authorize Four (4) One -Year Renewals (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive agreements with Consolidated Traffic Controls, Inc. and MoboTrex, Inc. for the purchase of Traffic Signal Cabinets and related components for the Transportation and Public Works Department in an annual amount up to $830,000.00 and authorize four (4) one-year renewals. DISCUSSION: The Transportation and Public Works Department (TPW) approached the Purchasing Division for assistance with securing an agreement for the purchase of Traffic Signal Cabinets and related components on an as -needed basis. The proposed agreement is for traffic signal cabinets, isolators, adapters, displays, and other various traffic signal cabinet components. Purchasing issued a Request for Proposal (RFP) that consisted of specifications for cabinet building and testing specifications to meet the City's needs. The RFP was advertised in the Fort Worth Star -Telegram on December 13, 2023, December 20, 2023, December 26, 2023, January 3, 2024, January 10, 2024, and January 17, 2024. The City received three responses. An evaluation panel consisting of representatives from the TPW and Development Services Departments reviewed and scored the submittals using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidder Consolidated Traffic Controls, Inc. MoboTrex, Inc Evaluation Factors a b c d 20.00 16.25 16.00 30.00 15.63 15.00 12.50 29.48 Paradigm Traffic Systems, 15.00 16.25 13.50 24.32 Inc. Best Value Criteria: a. Proposer's qualifications and related experience b. Proposer's ability to meet City's needs c. Proposer's approach to building and testing d. Pricing Total Score 82.25 72.61 69.07 After evaluation, the panel concluded that Consolidated Traffic Controls, Inc. and MoboTrex, Inc. presented the best value. Therefore, the panel recommends that Council authorize an agreement with apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31901 &counci ddate=3/19/2024 1 /3 3/20/24. 6:58 PM M&C Review Consolidated Traffic Controls, Inc. and MoboTrex, Inc. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor's proposal met specifications. Funding is budgeted in the 2022 Bond Program Fund for the TPW Dept Highway & Streets Department for the purpose of funding the TPW 2022 Bond Traffic Signal project, as appropriated. DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS: This agreement may be renewed for four (4) one-year terms. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the TPW 2022 Bond Traffic Signal project to support the approval of the above recommendation and award of the agreement. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity ID ID FROM Fund Department Account Project ID ID Submitted for City Manaqer's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 20TPW Cabinet FID Table.xlsx (CFW Internal) CTC 1295.pdf (CFW Internal) MoboTrex 1295.pdf (CFW Internal) SAM CTC Inc.pdf (CFW Internal) Program I Activity Budget Reference # Amount Year (Chartfield 2) Budget Reference # Amount Year (Chartfield 2) Reginald Zeno (8517) Jesica McEachern (5804) Reginald Zeno (8517) Lauren Prieur (6035) Jo Ann Gunn (8525) Karen Rotna Quintero (8321) apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31901 &counci ldate=3/19/2024 2/3 3/20/24. 6:58 PM M&C Review SAM MoboTrex Inc.pdf (CFW Internal) Waiver of Business Equity Goal Signed sjw (004),pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=31901 &cou ncild ate=3/1 9/2024 3/3 FORT WORTH. Routing and Transmittal Slip Transuortation & Public Works Department DOCUMENT TITLE: Mobotrex, Inc. For: New BID ITB-24-0017 for Traffic Cabinets M&C: 24-0194 CPN: _ Date: To: Name 1. Aziz Rahman 2. Anna Benavides 3. Martin Phillips 4. Lauren Prieur 5. Jeremy Anato-Mensah 6. Jesica McEachern 7. Ronald Gonzales 8. Jannette Goodall 9. Allison Tidwell 10. Tabitha Giddings 11. 10. CSO: Department Initials TPW-Signature ?"- TPW — Initials 16 TPW- Initials TPW- Signature MH Legal- Signature ACM- Signature a` CSO — Initial R CSO-Signature CSO-Assign CSC TPW-Admin DOC#: Date Out DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: []YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ❑YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs