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Home My WebLink AboutContract 59852FORT WORTH CSC No. 59852 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Trastar, Inc. ("Vendor") and the City of Fort Worth ("City"), 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 — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract - Purchasing Cooperative of America Contract No. OD-383-23; and 4. Exhibit C — Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed One Million Dollars ($1,000,000.00) Vendor shall not provide any additional items or 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. The term of this Agreement shall be for one year beginning on July 7, 2023 and ending on July 6, 2024. City shall be able to renew this agreement for up to four (4) one-year renewal options by written agreement of the parties. Each renewal shall increase in annual spend authorization by 25% (Renewal 1: up to $1,250,000.00; Renewal 2: up to $1,562,500.00; Renewal 3: up to $1,953.125.00; and Renewal 4: up to $2,441,407.00). Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, 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 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX COOP PCA OD-383-23 Traffic Control 1 of 71 Federal Compliance: 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 40 1; 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 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; (n) compliance with federal restriction on lobbying expenditures under 2 CFR 200 clauses: (o) 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. 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 Trastar, Inc. Attn: William Johnson, Assistant City Manager Melanie Bingham, General Manager 200 Texas Street 860 N. Dorothy Dr. Suite 600 Fort Worth, TX 76102-6314 Richardson, TX 75081-2770 Facsimile: (817) 392-8654 Facsimile: 972-480-8884 With copy to Fort Worth City Attorney's Office at same address COOP PCA OD-383-23 Traffic Control 2of71 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: By: William Johnson (J 27, 202315:53 CDT) Name: William Johnson Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: Lauren Prieur (Jul 24, 202316:02 CDT) Name: Lauren Prieur Title: Director, PublicWorksandTransportation gouopp A. o o �U ATTEST: p f—RT *ov��o 0!n ° �10 ?vo o=a ad1* 000 000*IV aa44 rEXASoAp B �daaaa°' Name: Jannette S. Goodall Title: City Secretary VENDOR: Trastar, Inc. By: Name: Melanie Bingham Title: General Manager Date: 07/24/2023 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: a,1 c-ac-.at- Name: Brandon Callicoat Title: Transportation and Public Works Superintendent APPROVED AS TO FORM AND LEGALITY: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0587 Type text here OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX COOP PCA OD-383-23 Traffic Control 3of71 EXHIBIT A TraStar Inc. Duralight° Traffic Signals and Street Lighting 2023 Price List 3/20/2023 MODEL DESCRIPTION Quanity UNIT PRICE Total Blank -out Sians With Sinale Messaae IJXM-BLK2424 24"x24" Blank Out Sign 1 $1,430.00 $1,430.00 IJXM-BLK2430 24"x30" Blank Out Sign 1 $1,730.00 $1,730.00 IJXM-BLK2436 24"x36" Blank Out Sign 1 $2,030.00 $2,030.00 IJXM-BLK3030 30"x30" Blank Out Sign 1 $2,030.00 $2,030.00 IJXM-BLK3036 30"x36" Blank Out Sign 1 $2,430.00 $2,430.00 IJXM-BLK3636 36"x36" Blank Out Sign 1 $2,830.00 $2,830.00 IJXM-BLK3648 36"x48" Blank Out Sign 1 $3,430.00 $3,430.00 1 Lane Control Sians With Sinale Messaae $0.00 JXM-LC1818 18'X18" Lane Control Sign 1 $1,130.00 $1,130.00 IJXM-LC2424 24'X24"Lane Control Sign 1 $1,430.00 $1,430.00 IJXM-LC3030 30'X30"Lane Control Sign 1 $2,030.00 $2,030.00 IJXM-LC3036 30'X36"Lane Control Sign 1 $2,430.00 $2,430.00 IJXM-LC3636 36'X36"Lane Control Sign 1 $2,830.00 $2,830.00 1 8" LED Balls $0.00 IJXC200-HFR 8" Red LED - Hi Flux, Tinted Lens 1 $ 36.00 $36.00 IJXC200-HFY02 8" Yellow LED - Hi Flux, Tinted Lens 1 $ 37.20 $37.20 IJXC200-HFG 8" Green LED - Hi Flux, Tinted Lens 1 $ 36.00 $36.00 1 12" LED Balls $0.00 JXC300-HFR-C 12" Red LED - Hi Flux, Clear Lens 1 $ 37.80 $37.80 JXC300-HFY-C 12" Yellow LED - Hi Flux, Clear Lens 1 $ 40.20 $40.20 JXC300-HFG-C 12" Green LED - Hi Flux, Clear Lens 1 $ 37.80 $37.80 IJXC300-HFTR04 12" Red LED - Hi Flux, Tinted Lens 1 $ 37.80 $37.80 IJXC300-HFTY04 12" Yellow LED - Hi Flux, Tinted Lens 1 $ 40.20 $40.20 IJXC300-HFTG04 12" Green LED - Hi Flux, Tinted Lens 1 $ 37.80 $37.80 1 12" LED Arrows $0.00 JXJ300-07R04 12" Red LED Arrow - Incandescent Looking, Omni- 1 $ 43.20 $43.20 JXJ300-07Y04 12" Yellow LED Arrow - Incandescent Looking, Omni- 1 $ 43.20 $43.20 JXJ300-07G04 12" Green LED Arrow - Incandescent Looking, Omni- 1 $ 47.40 $47.40 JXJ300-07TR03 12" Red LED Arrow - Incandescent Looking, Omni- 1 $ 43.20 $43.20 JXJ300-07TY03 12" Yellow LED Arrow - Incandescent Looking, Omni- 1 $ 43.20 $43.20 JXJ300-07TG03 12" Green LED Arrow - Incandescent Looking, Omni- 1 $ 47.40 $47.40 1 8" LED DC Balls $0.00 IJXC-200HFTDCR 8" Red LED, 9-30VDC, Hi Flux, Tinted Lens 2 $ 55.20 $110.40 IJXC-200HFTDCY 8" Yellow LED, 9-30VDC, Hi Flux, Tinted Lens 2 $ 55.20 $110.40 IJXC-200HFTDCG 8" Green LED, 9-30VDC, Hi Flux, Tinted Lens 2 $ 55.20 $110.40 1 12" LED DC Balls $0.00 IJXC-300HFTDCR 12" Red LED, 9-30VDC, Hi Flux, 5W 25 $ 64.80 $1,620.00 IJXC-300HFTDCY 12" Yellow LED, 9-30VDC, Hi Flux, 5W 25 $ 64.80 $1,620.00 IJXC-300HFTDCG 12" Green LED, 9-30VDC, Hi Flux, 5W 25 $ 64.80 $1,620.00 IJXC-300HFTDCRL 12" Red LED, 9-30VDC, Hi Flux, 8W 25 $ 66.00 $1,650.00 IJXC-300HFTDCYL 12" Yellow LED, 9-30VDC, Hi Flux, 9.5W 25 $ 66.00 $1,650.00 IJXC-300HFTDCGL 12" Green LED, 9-30VDC, Hi Flux, 8W 25 $ 66.00 $1,650.00 1 Pedestrian & Countdown Pedestrian $0.00 jJXM-400VIEIL01 16"x18" Pedestrian Countdown LED - Incandescent 1 $ 142.80 $142.80 IJXM-40OVIAIL 16"x18" Pedestrian LED - Filled hand and man 1 $ 118.80 $118.80 IJXM-20OVIE 12"x12" Countdown LED 1 $ 91.20 $91.20 IJXM-200VIHM 12"x12" Pedestrian LED - Filled HIM Overlay 1 $ 106.80 $106.80 1 Bike & U-Turn $0.00 IJXC-200BIKR-IL 8" Red Hi -Flux LED Bike 1 $ 60.00 $60.00 IJXC-200BIKY-IL 8" Yellow Hi -Flux LED Bike 1 $ 60.00 $60.00 IJXC-200BIKG-IL 8" Green Hi -Flux LED Bike 1 $ 60.00 $60.00 IJXC-300BIKR-IL 12" Red Hi -Flux LED Bike 1 $ 73.20 $73.20 COOP PCA OD-383-23 Traffic Control 4of71 IJXC-300BIKY-IL 12" Yellow Hi -Flux LED Bike 1 $ 73.20 $73.20 IJXC-300BIKG-IL 12" Green Hi -Flux LED Bike 1 $ 73.20 $73.20 IJXC-300HFRDT 12" Red Hi -Flux LED U-Turn 1 $ 73.20 $73.20 IJXC-300HFYDT 12" Yellow Hi -Flux LED U-Turn 1 $ 73.20 $73.20 IJXC-300HFGDT 12" Green Hi -Flux LED U-Turn 1 $ 73.20 $73.20 1 DURA-ST COBRAHEAD $0.00 (DURA-ST10 40W DURA-ST LED Cobrahead Roadway Lighting 150 $198.00 $29,700.00 (DURA-ST15 65W DURA-ST LED Cobrahead Roadway Lighting 150 $208.00 $31,200.00 DURA-ST20 10OW DURA-ST LED Cobrahead Roadway Lighting 150 $248.00 $37,200.00 DURA-ST25 140W DURA-ST LED Cobrahead Roadway Lighting 150 $278.00 $41,700.00 (DURA-ST40 185W DURA-ST LED Cobrahead Roadway Lighting 150 $298.00 $44,700.00 DURA-ST40S 220W DURA-ST LED Cobrahead Roadway Lighting 150 $338.00 $50,700.00 (DURA-ST25-CM 140W DURA-ST LED Cobrahead Roadway Lighting With C 150 $1,098.00 $164,700.00 (DURA-ST40-CM 185W DURA-ST LED Cobrahead Roadway Lighting With C 150 $1,198.00 $179,700.00 1 DURA-STR COBRAHEAD $0.00 DURA-STR10 40W DURA-ST LED Cobrahead Roadway Lighting 150 $148.00 $22,200.00 DURA-STR10A 55W DURA-ST LED Cobrahead Roadway Lighting 150 $158.00 $23,700.00 DURA-STR15 65W DURA-ST LED Cobrahead Roadway Lighting 150 $168.00 $25,200.00 DURA-STR20 10OW DURA-ST LED Cobrahead Roadway Lighting 150 $188.00 $28,200.00 DURA-STR25 120W DURA-ST LED Cobrahead Roadway Lighting 150 $208.00 $31,200.00 (DURA-STR25B 140W DURA-ST LED Cobrahead Roadway Lighting 150 $218.00 $32,700.00 (DURA-STR25C 150W DURA-ST LED Cobrahead Roadway Lighting 150 $228.00 $34,200.00 DURA-STR40 185W DURA-ST LED Cobrahead Roadway Lighting 150 $298.00 $44,700.00 DURA-STR40D 220W DURA-ST LED Cobrahead Roadway Lighting 150 $338.00 $50,700.00 1 JXM-ST COBRAHEAD $0.00 JXM-ST140-3 10OW JXM-ST LED Cobrahead Roadway Lighting 25 $208.00 $5,200.00 IJXM-ST140 130W JXM-ST LED Cobrahead Roadway Lighting 25 $258.00 $6,450.00 JXM-ST140-4 150W JXM-ST LED Cobrahead Roadway Lighting 25 $278.00 $6,950.00 JXM-ST180-3 170W JXM-ST LED Cobrahead Roadway Lighting 25 $288.00 $7,200.00 IJXM-ST180 20OW JXM-ST LED Cobrahead Roadway Lighting 25 $308.00 $7,700.00 JXM-ST180-4 240W JXM-ST LED Cobrahead Roadway Lighting 25 $398.00 $9,950.00 JXM-ST180-4-1 285W JXM-ST LED Cobrahead Roadway Lighting 25 $458.00 $11,450.00 IJXM-ST180-4-2 320W JXM-ST LED Cobrahead Roadway Lighting 25 $488.00 $12,200.00 JXM-ST11OLED 135W JXM-ST LED Shoebox Roadway Lighting 25 $528.00 $13,200.00 1 JXM-STSB Shoe Box $0.00 IJXM-ST15SB 150W JXM-STSB LED ShoeBox Roadway Lighting 1 $348.00 $348.00 JXM-ST20SB 20OW JXM-STSB LED ShoeBox Roadway Lighting 1 $368.00 $368.00 IJXM-ST30SB 30OW JXM-STSB LED ShoeBox Roadway Lighting 1 $479.00 $479.00 jJXM-STSB-S40 40OW JXM-STSB LED ShoeBox Roadway Lighting 1 $498.00 $498.00 jJXM-STSB-S45 450W JXM-STSB LED ShoeBox Roadway Lighting 1 $508.00 $508.00 jJXM-STSB-S50 50OW JXM-STSB LED ShoeBox Roadway Lighting 1 $518.00 $518.00 1 HIGH MAST LUMINAIRES $0.00 JXM-ST-HM6-A 50OW LED High Mast Luminaires 1 $858.00 $858.00 jJXM-ST-HM6-B 50OW LED High Mast Luminaires 1 $858.00 $858.00 jJXM-ST-HM6-S 50OW LED High Mast Luminaires 1 $858.00 $858.00 jJXM-ST-HMBR High Mast Mounting Bracket Fixture Accessory 1 $128.00 $128.00 jJXM-ST-HMNFL High Mast Neighborhood Friendly Lens Fixture Accessory 1 $198.00 $198.00 jJXM-ST-HMNS High Mast Nuisance Shield Fixture Accessory 1 $128.00 $128.00 DURA-OBR Obstruction Lights 1 $428.00 $428.00 1 LED FLOOD LIGHT $0.00 jJXM-ST-A1 35W LED Flood Light 1 $112.00 $112.00 jJXM-ST-A2 65W LED Flood Light 1 $138.00 $138.00 jJXM-ST-A3 130W LED Flood Light 1 $208.00 $208.00 jJXM-ST-A4 185W LED Flood Light 1 $338.00 $338.00 jJXM-ST-A5 240W LED Flood Light 1 $378.00 $378.00 jJXM-ST-A5L 30OW LED Flood Light 1 $428.00 $428.00 1 LED WALL & CANOPY LIGHTINGS $0.00 jJXM-ST-WPK1 30W LED Wall Pack 1 $108.00 $108.00 jJXM-ST-WPK2 60W LED Wall Pack 1 $158.00 $158.00 jJXM-ST-WPK3 80W LED Wall Pack 1 $168.00 $168.00 JXM-ST-LB40 55W LED Low Bay Fixtures 1 $208.00 $208.00 JXM-ST-LB80 75W LED Low Bay Fixtures 1 $208.00 $208.00 jJXM-ST-HB 150W LED High Bay Fixtures 1 $298.00 $298.00 jJXM-ST-HB1 20OW LED High Bay Fixtures 1 $328.00 $328.00 jJXM-ST-HB2 30OW LED High Bay Fixtures 1 $368.00 $368.00 1 Grand Total $999,909.40 NOTE: FOB Destination COOP PCA OD-383-23 Traffic Control 5of71 615 8th Street • O'Donnell, TX 79351 April 12, 2023 Trastar, Inc. Jennifer Murray, Admin. Assistant 860 N. Dorothy Dr, Suite 600 Richardson, TX 75081 Ofc:806-428-3239 • Fax:806-428-3440 Subject: PURCHASING COOPERATIVE OF AMERICA CONTRACTAWARD LETTER PCA OD-383-23 Traffic Control, Road Safety & Related Products and Services Dear Ms. Murray, Congratulations! The City of O'Donnell has awarded your company a contract for the above -referenced solicitation. Your contract number will be the same as the solicitation number: PCA OD-383-23. The contract number is to be on all Invoices for proper reporting. You are responsible for keeping PCA up to date with your current contact information and for submitting monthly reports. For months with inactivity, complete the company/contact information and simply input 'No Activity'. We send out the Members list monthly, in response to your organization emailing the monthly report. The contract is effective for the dates on the Contract Acceptance and Signatures Page and may be renewed up to four (4) additional years; unless notified otherwise, the renewal will be automatic. For any inquiries about your contract, please contact ocamericaPDcamerica.ore & we will assist you! We will contact you for an orientation meeting and for content for your vendor page on the PCA web site. PCA looks forward to working with you! Sincerely, Kim Parker, Mayor City of O'Donnell The award packet includes: • Award Letter • Signed Contract Acceptance and Signatures Page (exceptions, if any) • Instructions for Monthly Report and Administrative Fee Tab 3 • Monthly Report Form & Instructions • Welcome to PCA! COOP PCA OD-383-23 Traffic Control 6of71 PURCHASING COOPERATIVE OF AMERICA RFP 00-383-23 Traffic Control, Road Safety & Related Products and Services FORM A OFFER ACCEPTANCE AND CONTRACT SIGNATURES FORM Complete and sign and upload. Offer by Vendor Vendor acknowledges and certifies that they have examined this solicitation, contract terms and conditions, scope and specifications, accompanying forms, etc. (the entire Contract) and hereby offers to furnish products and/or services in strict compliance with the entire Contract and Vendor's response. N NO EXCEPTIONS. Vendor assures Awarding Agency of compliance with the entire Contract and response with no further changes. WITH EXCEPTIONS. Proposed changes to Contract Terms and Conditions. See RESPONSE INSTRUCTIONS for presenting Vendor's proposed changes. NOTE: Freight & Delivery, if charged to customer, is not considered an exception. Company Narne: Trastar, Inc. Address: 860 N. Dorothy Dr. Suite 600 City/State/zip: Richardson, TX 75081-2770 Phone: 9724800888 Email- jenniferm a@trastarusa.com Printed Name, Title: Jennifer Murray, Administrative Assistant Signature: 6 ***a***********,*********VENDOR DO NOT WRRE BELOW THIS uNE Tt_t-t Contract Number: (�� 3`(�i �—' Z-3 Contract Exceptions — PCA L/None ❑ All Rejected Negotiated, Agreed To, and Attached PCA Authorized Signature: Printed Name: Date: Offer Acceptance by PCA Awarding Agency Term of Contract: 411 �— 2-- to Unless otherwise stated, this Contract is for an initial period of one (1) year with an option to renew annually for an additional four (4) years if agreed upon by Awarding Agency and Vendor. Renewal shall be automatic on the anniversary date unless informed otherwise. Awarding Agency Authorized Si nature: Printed Name: KA Wi Date: 1 1 I 1 Page 28 of 52 COOP PCA OD-383-23 Traffic Control 7of71 PURCHASING COOPERATIVE OF AMERICA PCA OD-383-23 Traffic Control, Road Safety & Related Products and Services 31. PCA Administrative Fee • PCA Administrative Fee ("Admin Fee") for this solicitation/any subsequent Contract is found in SECTION 6-PRICING. • Awarded Contractor shall honor and pay the Admin Fee for all sales that occur resulting from this Contract within thirty (30) days from the date Awarded Contractor receives payment from PCA Member, whether for progress payment, completion of work, or payment for delivered goods. • In the event that Awarded Contractor's PCA contract expires or is terminated, Awarded Contractor agrees to pay the Admin Fee for all projects extending beyond the expiration or termination date for those Purchase/ Delivery/Job Orders received prior to expiration or termination. • Pass -Through Costs that are subtracted from the gross contract/purchase order amount before calculating the Admin Fee include items such as specialty insurance, taxes, cost of bonds, delivery costs. • Awarded Contractor shall make the check payable to "Purchasing Cooperative of America" and send the check to `Purchasing Cooperative of America', P.O. Box 604, Hico, TX 76457. • The check may be mailed with the monthly report. Include the PCA contract number. • Failure to pay the Admin Fee in a timely manner may result in suspension or termination of this Contract. Monthly Report • Vendor shall provide PCA with a detailed monthly report and pro forma showing the total dollar volume of all sales under this Contract for the previous month in Microsoft Excel, in the format and with the information specified by PCA. • Reports are due on the fifteenth (15) day of the month after the close of the previous month. • Vendor is responsible for collecting and compiling all sales under this Contract from all PCA Members and submitting one (1) consolidated monthly report. + The monthly report shall include, at a minimum, the date of each PCA Member/customer P. 0. with scheduled start and completion date, sale/project description, P. 0. number, Member/customer name, city/town, and P. 0. total dollar amount. • Include an overview of pending projects (the "pro forma") on the Monthly Report. • Awarded Contractor (Vendor) shall submit a copy of PCA Member/customer Purchase Order and/or supplemental agreement along with the mandatory monthly report, as well as change orders made prior to project completion. • Reports shall be submitted in Excel format to Purchasing Cooperative of America at P.O. Box 604, Hico, Texas 76457, or electronically to Reoorts0ocamerica.ore. • The Monthly Report form is at www.pcamerica.org on the Forms Tab. 32. Additional Fees and Reporting Information. Some states and other government/non-profit agencies require an additional fee to use another state's or agency's contracts in their jurisdiction. If an additional fee is requested and Awarded Contractor agrees, Awarded Contractor shall submit copies of the purchase orders involved and pay the additional fee to PCA who will then pay the entity involved. Additional fees must be discussed with PCA prior to acceptance of additional fee charges. If this contract is adopted by another cooperative or entity, Awarded Contractor for this contract is still responsible for PCA fees based on the work performed for that entity, cooperative and/or that cooperative's Members. All such work shall be reported on the PCA Monthly Report and fees paid accordingly. Awarded Contractors may not use PCA contract to request a contract from another agency or purchasing cooperative without the written approval of PCA. To do so without PCA written approval will automatically violate the provisions of this contract resulting in its immediate cancellation. Other cooperatives desiring to utilize PCA contracts must sign an Interlocal Agreement or contract with PCA defining the contract's use and PCA payment requirements. COOP PCA OD-383-23 Traffic Control 8of71 MONTHLY REPORT 0;� 4C Name -Awarded Contractor: Contract Number: Report Mo.lYr.: ADMIN FEE: CURRENT PROJECT TOTALS: # PROJECT — MEMBER/ II DESCRIPTION CUSTOMER NAME 1. O v D C D 00 �w iv n o_ PENDING/FUTURE PROJECTS: # PROJECT MEMBERI DESCRIPTION CUSTOMER NAME 1. 2. 3. 4. ** Attach copies of Purchase Order(s). Please use additional pages as necessary. Please complete all fields. Contact Name: Phone Number: email: CITY 'PURCHASE PROJECT DATES INVOICE TOTAL EST. FEE PER VENDOR CHECK TO PCA STATE ORDER # P.O. AMOUNT AMOUNT ADMIN FEE INVOICE START END DATE AMOUNT Would you like a confirmation of receipt of PCA fee payment? Yes No CITY ESTIMATED EST. PROJECT DATES Attach copies of POsllnvcices of current projects & put check in mail to STATE PROJECT NOTES PCA PO Box Address below & POF Repo rt&POslinvo ices to TOTAL. START END ocamerica(a),ocamerica.orca Also located here: www.pcamerica.org/forms Send CHECKS to PCA, PO Box 604, Hico, TX 76457 Questions? Call 844-722-6374 Rev 2/21 O MONTHLY REPORT EXAMPLE REPORT * Please complete a8 IWWS Name -Awarded ?CA Contractor ABC Company Contact Name: Alpha beta Contract Number: PCAX-XX)(-XX Phone Number. 111-222-3333 Report 10o Nr, December 2019 email: ADIJIN FEE: R'n CURRENT PROJECT TOTALS: PROJECT MEMBER/ CITY n PROJEW DATES P.O. INVOICE TOTAL EST. FEE PER VENDOR CHECK TO PCA ' DESCRIPTION CUSTOMER NAME PURCHASE STATE START END AMOUNT AMOUNT ADNIN FEE INVOICE DATEAMOUNT I?�t 9, Walkway School -Name LSDHouston, TX 6 �1`� 7 12/12619 12302019 S 10D,000 S 2,070.00 Fill in the CURRENT PROJECT section with active approved P.O.s. If None, report NO ACTIVITY. Copies of purchase orders are supplemental to your contract and may be attached to the Monthly Report or sent to PCA separately. ALL POs / Invoices should reference contract number. For purchase orders that have Progress payment U.OD $ SgOL`0 $ S,DO12l15202D $ 1,000.00 ect for afwvapro)- mobilization (project start-up) or Additional upgrade to SchouH:!9maISD Houston, TX 8D#1357 121,B2019 12J302019 s 5,0DD s 5,000 s 100.00 $ 2fm.DD COMPLHE $ 1,100.00 r� p Y payments payments, list these walkway change order progress on separate lines and pay the PCA fee as Final Payment $ 5D,000 $ 1,DDO.00 1W3WG20 COMPLETE instructed in the contract. 2. Stadium Lighting Different School- Dallas, TX �'-- 12J12019 1211-2019 s 25,0W S 25,000 S Si S 500.00 121152020 $ 500.00 Name ISD '31. 10C Rehab -Annex Municipality Name Hidalgo, TX $1DD22 019 6130f2019 s 250,OW COMPLETE s 5,0D0.00 Add any P.O. changes, additional work . ® or items that qualify to be added to the e. \ P.O. on additional lines. Send copy of P.O. extension to PICA. PENDINGIFUTURE PROJECTS: ESTIMATED Would you like a confI made of receyl of PCA fee p7aYm`p; qt? Yes No\ copies of Povlrv61 6F our nt & tl� in PROJECT MEMBER/ # CITY PROJECT EST. PROJ ECT DATES NOTES Anach projects put f meS: {� PCA PO Bit Atltlress aelav 6 PDF RepontiPOylmroim Irt DESCRIPTION CU STONER NAME STATE START END J I I d DATE f h k I PCA 1_ Renovation CRy Hag El Paso, City of 2 3, 4 TOTAL to Pce _1X8Me,r1Wora N nC U e o C eC approva . EIPeso,TX s 11,0W BulQ019 103021119 wartingonPO understands that accounting may take �S yr several more days to process a request «4, for payment, Add COMPLETE if project - or P.O. has been completed. Attach copies of Purchase Order(s). 1. Also on http/Puwwpcamerica.org/forms Please use additional pages as necessar Send a MECk5 to: PCA, PO tfox 604, nisi 't'A 76457 QuesflrI? Call 844-722-6374 Rev 2/21 Pending or possible future projects or purchase orders shall be listed here. When approved and signed P.O. is received, move to the Current Project section. If purchase order is not received or project is cancelled, remove from list. There is no reason to continue to report. All Admin Fees shall be paid upon receipt of vendor payment. Use the notes section to convey any important or informational items. IThe Monthly Report Form is located: ht# www.ocamerica.or forms for download Welcome to PCA! Your Contract Number is: PCA OD-383-23 Traffic Control, Road Safety & Related Products and Services When selling to a PCA Member/Customer please make sure they & your sales personnel know to put your contract number on the Purchase Orders/Invoices: PCA OD-3XX-XX & name (if it fits) on the Purchase Orders & on your Invoices. Make sure that you set up a system, with your sales personnel, to report sales to your company PCA Contract Admin, so that they will have the information to send in the monthly report to PCA. The contract number assists the PCA Member/Customer pass their audits & helps with your PCA contract reporting. • The monthly report forms for reporting your PCA fees, are included in the contract, but can also be found at htti)://www.i)camerica.org/forms under the "AWARDED CONTRACTORS ONLY:" Section. o Include PO numbers on the report & a copy of the POs sent in with the report, if you have a copy. o Submit reports monthly, even if you have had no sales— put "No Activity' on the first line & any prospective customers listed in the area on the bottom. • For payment of fees, please make check out to "Purchasing Cooperative of America" (not PCAmerica which is our website domain only). • Reports are due by the 15th of the following month, 2 weeks after the month ends. o Ex. the June report is due by July 151n • For paying fees: If able, attach the monthly report to the check. Larger companies are sometimes unable, since they usually have a checking dept. or do direct deposit, so we need some kind of assistance in matching amounts to the reports. In the memo or notation area on the check or direct deposit notice, please state what monthly report(s) the check goes with & if you have multiple contracts with us, list which amount goes to which contract. COOP PCA OD-383-23 Traffic Control 11 of 71 FORM M - REQUIRED VENDOR QUESTIONNAIRE Answer all the questions or fill in the blanks and upload. 1 2 3 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services Company information. a. Company legal name, as it appears on the contract: TraStar, Inc. b. Corporate address: street/city/state/zip code: 860 N. Dorothy Dr. #600, Richardson, TX 75081 Other company names (dba, associate, abbreviation, etc. and location info) C. Dun & Bradstreet number and rating: 14-903-3123 AND/OR Company's Unique Entity Identifier (UEI) issued by GSA for organizations doing business with the Federal government (used on SAM.gov): FSZ9ZQWRM6L5 0 e f If a Dun & Bradstreet rating is not provided, the following financial information may be requested at any point during the procurement process, before or after contract award: (1) If public, Company's income statement, balance sheet, and cash flow statement for the latest audited year, OR (2) If private, Company's audited financial statements for the latest fiscal year available. Vendor agrees: Federal tax identification (EIN) number: 16-1636966 ®Yes ❑No Brief description Vendor's products and/or services: LED Traffic Signals, LED Luminaires, LED Signs Number of years company has been in the business activity described in this solicitation. 21 PCA requires at least 2 years (company and/or principal officers) experience to be considered for a contract award. Vendor will provide principal officer's resume to supplement Company experience: g. Number of full-time employees: 10 Which best describes Vendor: ❑ Manufacturer direct ® Manufacturer marketing through reseller ❑ Authorized distributor * ❑ Certified education/government reseller ❑ Value -add reseller * ❑ Other: *Must provide letters of authorization/certification from the manufacturer; see Form F. Check all states and territories where Vendor intends to pursue work (and may use a PCA contract, if awarded) —current and future. ® All States ❑ Alabama ❑ Kentucky ❑ Louisiana ❑ North Dakota ❑ Ohio Page 39 of 52 COOP PCA OD-383-23 Traffic Control 12 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services ❑ Alaska ❑ Maine ❑ Oklahoma ❑ Arizona ❑ Maryland ❑ Oregon ❑ Arkansas ❑ Massachusetts ❑ Pennsylvania ❑ California ❑ Michigan ❑ Rhode Island ❑ Colorado ❑ Minnesota ❑ South Carolina ❑ Connecticut ❑ Mississippi ❑ South Dakota ❑ Delaware ❑ Missouri ❑ Tennessee ❑ Florida ❑ Montana ❑ Texas - see below also ❑ Georgia ❑ Nebraska ❑ Utah ❑ Hawaii ❑ Nevada ❑ Vermont ❑ Idaho ❑ New Hampshire ❑ Virginia ❑ Illinois ❑ New Jersey ❑ Washington ❑ Indiana ❑ New Mexico ❑ West Virginia ❑ Iowa ❑ New York ❑ Wisconsin ❑ Kansas ❑ North Carolina ❑ Wyoming ❑ District: Washington D.C. ® All U.S. Territories ❑ Guam ❑ Puerto Rico ❑ American Samoa ❑ Midway Islands ❑ U.S. Virgin Islands ❑ Fed. States of ❑ Northern Mariana Micronesia Islands USMCA ® Canada ® Mexico Texas Education Service Center Area Map (see below) ❑ All ESCs ❑ ESC 7 ❑ ESC 1 ❑ ESC 8 ❑ ESC 2 ❑ ESC 9 ❑ ESC 3 ❑ ESC 10 ❑ ESC 4 ❑ ESC 11 ❑ ESC 5 ® ESC 12 ❑ ESC 6 ❑ ESC 13 ❑ ESC 14 ❑ ESC 15 ❑ ESC 16 ❑ ESC 17 ❑ ESC 18 ❑ ESC 19 ❑ ESC 20 Page 40 of 52 COOP PCA OD-383-23 Traffic Control 13 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services Texas Education Service Center Area Map Special Noticing Requirements of Other States Lists of political subdivisions and local governments eligible to register with PCA, and access the contract award made pursuant to this solicitation, in the above referenced states/districts may be found at htti3s://www.usa.Rov/state-tribal-eovernments. 4. References. Provide references from at least 3 customers, preferably public sector entities, that Vendor has provided services to within the last 2 years. Attach additional page(s) if you wish to provide additional references. ❑ Check here if Vendor prefers to supply 3 current reference letters from public sector customers on letterhead including contact information. Attach the list. PCA reserves the right to check the references and will not be held responsible for references that will not respond after two (2) attempts by phone or email. (1) Reference 1 Contact Name: Oscar Valle Company: City of Arlington Address: 801 W. Main St. Arlington, TX 76013 Phone numbers: 817 459-6562 Email: oscar.valle@arlingtontx.gov (2) Reference 2 Contact Name: Micheal Driggers Company: City of Dallas Address: 3204 Canton St. Dallas, TX 75226 Phone numbers: 214-871-8973 Email: micheal.driggers@dallascityhall.com Page 41 of 52 COOP PCA OD-383-23 Traffic Control 14 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services 5 11 7 (3) Reference 3 Contact Name: Cliff York Company: City of Garland Address: 1755 Gasoline Alley, Garland, TX 75040 Phone number: 972-205-3713 Email: cyork@gpltexas.org Corporate Resources and Commitment CONSTRUCTION -TYPE PROJECTS ONLY/JOC If Not Applicable, initial here This is an important indicator of the Company's commitment and ultimate success. Vendor, check 'Yes' or 'No' for each statement: a) A corporate officer been assigned to the program. ®Yes ❑No b) Company understands the requirement for prompt payment of subcontractors. ®Yes ❑No c) Vendor has business processes and a corporate officer assigned to this program that comply with the contract. ®Yes ❑No d) Vendor has committed people and resources to this program for continuity. ®Yes ❑No e) Corporate acknowledges PCA Member's right to propose changes in key personnel and/or personnel for any reason? ®Yes ❑No Cooperative contracts currently held by Vendor. ❑ Check here, if none. Provide co-op name, discount offered, and contract expiration date: Texas SmartBuy Contract NA Texas BuyBoard Contract NA 6/31 /2023 3/31 /2024 Company Contact Information. Vendor must keep this information up-to-date throughout the term of a contract when awarded. Email Dcamerica(@Dcamerica.org with changes as they occur. a. ADMINISTRATIVE SUPPORT SERVICES. Responsible for monthly reporting, payment of administrative fees, website updates, etc.: Name: Jennifer Murry Title: Administrative Assitant Address if different than Corporate: City/State/Zip: Office Phone: 972-480-0888 Cell: E-mail: Jenniferm@trastarusa.com Page 42 of 52 COOP PCA OD-383-23 Traffic Control 15 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services b. SALES AND MARKETING CONTACT. Responsible for sales/marketing to PCA Members: Name: Melanie Binqham Title: General Manager Address if different than Corporate: City/State/Zip: Office Phone: 972-480-0888 Cell: E-mail: melanieb@trastarusa.com C. CONTRACT MANAGEMENT. This contact person will be responsible for: • Acting as liaison/contact with Purchasing Cooperative of America • Receiving the award packet or non -award letter • Distributing the content throughout the Company, as necessary Name: Jennifer Murry Title: Administrative Assitant Address if different than Corporate: City/State/Zip: Office Phone: 972-480-0888 Cell: E-mail: Jenniferm@trastarusa.com 8. If awarded a contract, Vendor would participate in an orientation session. ❑Yes ®No Contact name/title: Contact phone and email: 9. Your feedback will be very much appreciated: a. How did you hear about PCA: Internet b. How did you hear about this solicitation: Bid Service C. Ease of understanding instructions for response: d. Amount of time it took to prepare a response: e. Would you like to be contacted by PCA? Contact name and information: To find future PCA solicitations, go to www.pcamerica.org Thank you. Page 43 of 52 COOP PCA OD-383-23 Traffic Control 16 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services r PH: (844) 722-6374 www.i3camerica.org PCA is issuing this RFP on behalf of PCA Awarding Agency and PCA Members Request for Proposal - RFP # OD-383-23 for Traffic Control, Road Safety & Related Products and Services Submittal Deadline and Electronic Bid Opening: Thursday, March 21, 2023 at 11 a.m. CT Proposals must be submitted by the date/time above. Bonfire electronic bidding software will lock down on this date/time and any additional vendor uploads/activity will be refused. Questions regarding this RFP must be submitted in Bonfire; questions and answers will be posted in Bonfire. The deadline for questions is five (5) business days prior to the submittal deadline. PROPOSAL CALENDAR (Subject to change; if there is a change, an addendum will be issued) 1st Newspaper Notice — Thursday, February 9, 2023 Pre -Proposal Meeting (Optional) —Tuesday, February 21, 2023, 10-11 a.m. CT - For more info, go to Nww.13camerica.org email iocamerica@pcamerica.org Deadline to Submit Questions RE RFP —Tuesday, March 14, 2023, 11 a.m. CT Submittal Deadline (Bonfire closes) —Tuesday, March 21, 2023, 11 a.m. CT Page 1 of 52 COOP PCA OD-383-23 Traffic Control 17 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services TABLE OF CONTENTS SECTION PAGE NUMBER SECTION 1. Solicitation Overview: Intent, Introduction, Evaluation and Award of Contract, and Glossary........................................................................................ Page 3 SECTION 2. About PCA................................................................................................................ Page 8 SECTION 3. Contract Terms and Conditions........................................................................... Page 11 SECTION 4. Solicitation Response Instructions and Forms ..................................................... Page 25 A. Offer Acceptance and Contract Signatures Form B. Solicitation Addendum C. Vendor Certification Form D. Antitrust Certification Statement E. W-9 Request for Taxpayer Identification Number and Certification F. Certification Regarding Debarment, Suspension and Other Responsibility Matters G. Insurance Certificate H. Cybersecurity Maturity Model Certification (CMMC) I. Bond Letter J. Certifications, Awards and Business Licenses K. Distributors/Resellers Only: Manufacturer's Authorization L. Vendor Questionnaire M. Company Logo SECTION 5. Scope and Specifications............................................................................................. Page 45 SECTION6. Pricing ............................................................................................................................. Page 50 Page 2 of 52 COOP PCA OD-383-23 Traffic Control 18 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services SECTION 1-SOLICITATION OVERVIEW City of O'Donnell ("Awarding Agency'), located at 615 8th Street, O'Donnell, Texas 79351, an agency of the State of Texas, is awarding this contract for use by all current and future Purchasing Cooperative of America ("PCA") Members. PCA is soliciting vendors to provide products and services related to Traffic Control and Road Safety. Respondents are expected to be experienced and qualified in supplying these products and/or providing these services to PCA Members using the resulting contract, if any, that can be used either on a national, statewide, regional or local basis. A response to this Request for Proposal ("RFP") is an Offer to Contract with Awarding Agency based upon the terms, conditions, scope of work, and specifications contained in this solicitation. Solicitation and Vendor response do not become a contract unless and until a contract is awarded by the Awarding Agency's approving Board, Council or other Authority. INTENT It is the intent of Awarding Agency/PCA to establish an annual contract on behalf of Awarding Agency and PCA Members, current and future, with one or more vendors per solicitation. This contract meets the statutes and purchasing criteria for Texas and certain other states with similar laws. Supplemental agreements between PCA Member and Awarded Contractor may be entered into in order to accommodate additional federal, state or local laws and requirements. INTRODUCTION Awarding Agency/PCA is seeking to contract on a local, regional, statewide and/or national basis with one or more companies with the requisite experience and qualifications. Responses may be made for any or all products and services Vendor routinely offers to public sector entities. Products and/or services considered for award shall equal or exceed a minimum quality level of industry standard(s) as defined within this solicitation and shall comply with all applicable federal, state and local technical, environmental, and performance standards and specifications. Awards will be made to the successful proposer(s) for the total line of services submitted. Awards will be based on the criteria set forth within this document. PCA encourages all vendors (national, regional, state, local, USMCA) to respond and provide products/service to public and non-profit/non-taxed entities that utilize cooperative purchasing in the areas that Vendor proposes to work in. Benefits of a PCA Contract Award ✓ Multi -year contracts ✓ Comprehensive contracts ✓ Fair and open competition Maximum Annual Aggregate of the Contract In compliance with TEX. GOV7. CODE § 2269.403(b), PCA is establishing the maximum annual aggregate contract price for each of the contracts awarded pursuant to this solicitation for the PCA cooperative program at $100 million in aggregate per Member per year. The amount may be increased at each of the contract renewal periods or at the request of Vendor or Member and based upon project requirements. Page 3 of 52 COOP PCA OD-383-23 Traffic Control 19 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services No Guarantee of Usage/Quantities Awarding Agency/ PCA makes no guarantee or commitment of any kind concerning quantities that will actually be purchased under this solicitation and the resulting contract(s), if any. Awarding Agency /PCA makes no guarantee or commitment of any kind regarding usage of any contract(s) resulting from this RFP. Addendums to Solicitation Changes to this solicitation will be made by addendum. Addendum information will prevail over original solicitation or previous addendum(s). Addendum must be signed by Vendor's authorized representative and be included in Vendor's response. It is Vendor's responsibility to check the website for addendums prior to finalizing their submission. Purchasing Cooperative of America, acting on behalf of the PCA Awarding Agency, is the sole authority for the issuance of any addendum related to this solicitation. EVALUATION AND AWARD OF CONTRACT In accordance with applicable laws, rules, and regulations for public procurement, recommendation for award(s) will be made to the responsible vendor whose proposal is determined, per review by the evaluation committee, to be the best value and most advantageous to PCA Members. Failure to sign the Contract Offer and Acceptance Form shall disqualify Vendor's submittal from being evaluated (Texas law). Vendors are responsible for making sure, when using Electronic Signatures, that the signatures are actually transferring to the documents being uploaded into Bonfire. In addition, failure to do the following may result in a recommendation for non -award or rejection of the entire response: ✓ Submit any documents/information requested ✓ Less than two years' company history and/or personnel experience in the business activity described in this solicitation. May submit personnel resumes to qualify. Evaluation Factors and Point Values Qualifications/Evaluation Considerations Products/Services: Do products/services meet the requirements/intent of the solicitation? Description of products/services offered. Variety and availability of products and services offered. Ancillary costs related to Member's use/purchase of products and services. Qualification and Experience: Company profile. Years in business relevant to solicitation, including officers' experience. Personnel qualifications and experience. Experience in public sector. Understanding of cooperative purchasing. Performance Capability: Ability to deliver products/services locally, statewide, regionally or nationally. Freight and Delivery. Customer service. Marketing Plan; contract implementation. Bonding. Location and number of personnel. Vendor Website. References: Minimum 3 references. Vendor performance per reference checks. Maximum Value 20 points 20 points 20 points 15 points Page 4 of 52 COOP PCA OD-383-23 Traffic Control 20 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services Pricing: 25 points Discount offered. Delivery costs. Construction -type coefficient. Pricing in required format or directions to online catalog. SUBTOTAL — QUALIFICATIONS POINTS: 100 points Additional Qualifying Points 'Value Add' Products/Services: 7 points Products/services offered. Description. Pricing. Certifications: 3 points Supporting documentation provided for ISO and HUB -related certifications. HUB subcontractors. GRAND TOTAL — POSSIBLE POINTS: 110 points Disadvantaged Business Enterprises Awarding Agency/PCA encourages the use of Historically Under-utilized (HUB) companies, including, but not limited to, Minority and Women's Business Enterprise (MWBE), Veteran Owned Small Business (VOSB), and Small Business Enterprise (SBE) businesses. Some PCA Members have specific goals for HUB requirements and will require that a plan be presented by Vendor to help them meet their goals. Clarification and/or Negotiation During the review process, PCA may request clarification from Vendor for the purpose of eliminating minor errors, clerical errors, and/or non -substantive irregularities. Clarification does not give Vendor the opportunity to revise, change, or modify its proposal in any way except to the extent of correction of the error. Discussion between PCA and Vendor can only take place after the deadline to receive proposals. PCA reserves the right to conduct discussions with all, some, or none of the vendors submitting proposals. PCA will not assist any vendor in the revision or modification of its proposal nor will PCA assist any vendor in bringing its proposal to the same level of other proposals received by PCA. Preferences PCA may apply applicable preferences for Texas resident vendors in the event of a tie. Preferences must be explicitly claimed by Vendor and may not be applicable in procurements and/or contracts involving federal funds. TEX. GOV'T. CODE §2252.001-.004. These Texas provisions above are provided as a reference for Vendors and Members, as the awarding authority is a Texas Agency. Vendor responses to solicitations are reviewed and points are assigned by evaluators according to the evaluation criteria stated in the solicitation. PCA functions as a National Purchasing Cooperative in compliance with applicable Texas and other states' laws and regulations concerning cooperative contracting. Vendors responding to solicitations provide services in various locations across the United States and its Territories and offer a variety of products and services in response to any given Solicitation. It is often not practical to compare product or services pricing. Further, where multiple contracts and individual contracts of an Indefinite Delivery Indefinite Quantity (IDIQ) nature are being awarded and where federal Funds may be used under a Contract, consideration of preferences is not required. Accordingly, the Texas provision concerning the evaluation of 'state preference' and the preference consideration requirements of any other state will not generally be considered as part of the evaluation process. If an evaluation of the preferences is appropriate for any given solicitation, this will be recorded as part of the evaluation process. Page 5 of 52 COOP PCA OD-383-23 Traffic Control 21 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services Multiple Awards Awarding Agency/PCA reserves the right to award multiple contracts. Contract awards will be made to the successful respondent(s) for the total line of services submitted based on the criteria set forth within this document. Because PCA is a national cooperative, it may be in PCA Members best interests to offer multiple contract awards. Awarding Agency/PCA reserves the right to award multiple contracts for the following reasons: 1) Geographic location of offices/services; 2) Different offerings, such as product lines; 3) 'Value Add' offerings; 4) Vendor qualifications/market presence; 5) Small businesses and large companies offering quality products/services; and 6) Other reasons Vendor provides value to PCA membership. GLOSSARY In this solicitation and resulting Contract, if any, the following terms shall have meanings as follows: Purchasing Cooperative of America ("PCA") — a national cooperative purchasing program managing and administering innovative contracts administered by an Awarding Agency of the State of Texas. Addendum/Addenda — changes/corrections to the solicitation after it has been published. Administrative Fee ("Admin Fee", "Fee") — the fee paid by Vendors with awarded contracts to fund the cost of the PCA program. The Fee is included in the Vendor's price as overhead and not issued as a separate line item in any quote or invoice issued to Members. Awarding Agency— an agency of the State of Texas; PCA Awarding Agencies are members of PCA and as such, are eligible to use PCA contracts. Best Value — the method by which a contract is awarded, in accordance with applicable laws, rules, and regulations, and includes experience, references, quality of Vendor's products/services, and price. Contract — the entire written agreement between Parties. Contract, Amendment — a permanent change in a contract; i.e., a correction of an error, an addition to, deletion from, or correction or modification of an existing contract. Contract, Supplemental —a separate, additional contract entered into between a Member and Vendor to further define the level of service and/or product requirements over and above the minimum defined in the solicitation/Contract; example SAAS, etc. Contract, Term — Period of time, whether an initial term or a renewal term. Contractor (also Vendor, Company) — a seller/provider of goods/services; the entity/person responding to this solicitation; a PCA Awarded Contractor is the person/entity to whom a contract has been awarded. EDGAR — U.S. Department of Education's Education Department General Administrative Re>?ulations. PCA complies with EDGAR regulations in accordance with our role as a purchasing cooperative. PCA recommends that PCA Members conduct their own price/cost analysis as it is impracticable or impossible for PCA to perform them as required by law before the exact purchase amount has been determined. HUB ("historically underutilized businesses") — local, state or federal designation to businesses deemed to be underutilized in the past, including but not limited to VOSB (Veteran Owned Small Page 6 of 52 COOP PCA OD-383-23 Traffic Control 22 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services Business), MWBE (Minority- and Women -Owned Business Enterprise), and SBE (Small Business Enterprise), etc. IDIQ "Indefinite Delivery Indefinite Quantity' contracts — contracts that provide for an indefinite quantity of goods/services for a fixed term. Member(s) PCA ("PCA Member(s)", "Member(s)") — Eligible entities are public sector entities including educational entities, governmental agencies and non -taxed non-profit organizations throughout the United States and U.S. Territories, Canada and Mexico, pursuant to the TEX. GOVT. CODE § 791, and TEX. LOCAL GOVT. CODE, Chapter 271, Subchapter F, and similar statutes in other states. Pass -Through Costs — Costs that Vendor will subtract from the gross contract/purchase order amount before calculating the PCA Administrative Fee; items including specialty insurance, taxes, cost of bonds, and delivery costs. Procurement — Buying, purchasing, renting, leasing or otherwise acquiring materials and services; also includes all functions that pertain to the obtaining of products and services including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration. Purchase Order (PO) — Member(s written order for Vendor to proceed with providing goods and/or services. Special terms and conditions agreed to by Vendor and Member may be added as to the PO, including such items as requirements concerning certificates of insurance and small -or - disadvantaged business goals. Scope of Work —overview of the work to be agreed upon between Vendor and Member. Solicitation — Various formats including invitation to bid (ITB), request for proposals (RFP), request for qualifications (RFQ), or other format by which a Vendor is invited to participate in a procurement. Specifications — a description of purchase or project requirements. Value Add — other products/services provided by Vendor that are adjunct to this solicitation that may be offered as they would be beneficial to Members. Vendor — also Company, Contractor; a seller/provider of goods/services; the entity/person responding to this solicitation. A PCA Awarded Contractor is the person/entity to whom a contract has been awarded a PCA Contract. Page 7 of 52 COOP PCA OD-383-23 Traffic Control 23 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services SECTION 2-ABOUT PCA PCA Membership and Interlocal Contracting Authority PCA Membership is open to public sector entities including educational institutions such as public and private schools, independent school districts and charter schools, education service centers, and higher education colleges and universities; and local, state and federal governmental agencies such as municipalities, counties, political subdivisions, federal agencies, other governmental agencies, and non - taxed non-profit organizations throughout the United States and U.S. Territories that follow local governing authority allowing them to utilize contracts procured by PCA and administered by Awarding Agency, pursuant numerous states' joint powers statutes such as, but not limited to: • TEX. GOV'T. CODE, Title 7, Intergovernmental Relations, Chapter 791, Subchapter C; • State of Arizona Statutes, Title 11, Chapter 7, Intergovernmental Operations, Article 3, Joint Exercise of Powers, - State of New Mexico Statutes, Chapter 11, Intergovernmental Agreements and Authorities, Article 1, Joint Powers Authority, - State of Louisiana Title 39, Subtitle 111, Chapter 17, Part VII and Title 38 Public Contracts,, • State of Arkansas, Title 19, Chapter 11, Sub -chapter 2 — Arkansas Procurement Law; • State of Oklahoma, Title 74 State Government, Chapter 31 Interlocal Cooperative Act; and • Other states' joint powers codes may be found listed on the PCA website: www.ijcamerica.ore. A government agency that purchases products and services under the Interlocal Cooperation Act satisfies the requirement of the local government to seek competitive quotes for the purchase of products and services. By using PCA, eligible entities can provide the legally required competition for contracts of commonly purchased products and services, thereby saving the individual entity the time and cost of performing the procurement process. This PCA Contract will allow agencies to purchase on an "as needed" basis from a competitively awarded contract. Vendors are encouraged to sign up their current customers with PCA to continue a positive working relationship. Members benefit by having a multi -year contract and by saving the time and expense of developing solicitations and evaluating responses from numerous vendors. In states other than Texas, eligible public sector entities using the PCA contract automatically become PCA Members. Responsibility to Know and Follow Federal, State and Local Laws It is the responsibility of the Vendor and Member to be sure all state purchasing laws/requirements are met in the jurisdiction where they are operating. All Local Governments, Municipalities, Counties, K-12 Schools, higher education, state and federal agencies may use this contract when awarded. Each Member is subject to its own and jurisdictional requirements. The use of this contract by a PCA Member, along with their signed purchase order or other Page 8 of 52 COOP PCA OD-383-23 Traffic Control 24 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services extension of the contract, constitutes acceptance of the contract and completes the interlocal agreement (if required by the entity) between the Awarding Agency and PCA Member. All Vendors shall also be familiar with Arizona Statutes and shall adhere to these requirements under this contract when working in Arizona, and adhere to other states' statutes, as appropriate. PCA Members are responsible for ensuring that they are NOT engaged and doing business with any contractor doing business with those individuals, entities or countries sanctioned by the U.S. Government. Effective February 1, 2017, each new PCA contract for the procurement of goods or services includes a clause that requires the contractor to certify that the contractor does not have scrutinized business operations with any countries sanctioned by the U.S. Government. Also, if the contractor subsequently does business in/with a country that is sanctioned by the U.S. Government, the contractor will immediately notify the PCA Member. If successful in being awarded a contract, Vendor shall be responsible for obtaining all necessary permits, fees, and licenses as may be required by local authorities having jurisdiction. Vendor is responsible for verifying compliance with local authorities having jurisdiction prior to commencing work. All documents prepared, along with manufacturer's data sheets and spec sheets, shall be submitted for review and approval by authorities having jurisdiction. Specific applicable sections of federal and state statutes, procedures, or regulations, as well as local requirements, may be added as a Supplemental Contract or on the Purchase Order being issued under this contract as deemed necessary and jointly agreed to by PCA Member and Awarded Contractor. USMCA and PCA Contracts Known in the United States as the United States —Mexico —Canada Agreement (USMCA); in Canada, it is officially known as the Canada —United States —Mexico Agreement (CUSMA) in English and the Accord Canada—Etats-Unis—Mexique (ACEUM) in French; and in Mexico, it is called the Tratado entre Mexico, Estados Unidos y Canada (T-MEC). Future trade agreements replacing, modifying, or superseding USMCA may also be used when ratified, as allowed by the signatories. USMCA allows the United States, Mexico and Canada to contract to buy and sell goods and services. The uniqueness of any contract or how it may be procured is not specified under the provisions of the treaty. It is therefore left to the laws of each of the signatories. Contracts can be accessed through PCA if the U.S., Mexican or Canadian entity involved has the statutory authority and requests its use. Several Canadian provinces have written into their Joint Powers Statutes the ability for their agencies to exercise mutual joint powers and cooperative agreements. Similarly, the Government of Mexico, its departments and agencies, may be able to sign an intergovernmental contract with PCA for the use of PCA contracts. An intergovernmental contract is not required by PCA or State of Texas. U.S., Canadian and Mexican entities will know their own contracting requirements and laws governing the use of PCA contracts and the purchasing and the expenditure of funds by their individual agencies. Financing of PCA There is no fee to eligible public sector entities join PCA as a member and use PCA contracts. The cost of the PCA program is funded through an Administrative Fee paid by Awarded Contractors (vendors) based Page 9 of 52 COOP PCA OD-383-23 Traffic Control 25 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services on a percentage of Vendor gross sales, less expenses as described in the contract (pass through costs), or similar calculation, that varies per contract. 'Value Add' Products/Services PCA solicitations stress the importance of including'Value Add' items to Vendor's response to emphasize the concept of "bestvalue" other than "low price". 'Value Add' products and services offered must include pricing to be considered for award. 'Value Add' components may include: 1. Expert advice/consultation. 2. Bundling and packaging of desirable packages, purchasing levels and a series of added benefits that are significant in value and are, themselves, a whole lot more valuable than simply the product is by itself. 3. Different levels of service based upon customer's size or amount of purchase. 4. Frequent buyer programs. 5. Transition or education teams to help Members utilize Vendor's products/services. 6. Recognition and reward levels for Members based upon their utilization of Vendor's product/service or buying at certain volume levels. 7. Training. 8. Dedicated personnel to handle customer accounts personally. 9. Free or reduced -price delivery and/or set up charges. 10. Related components or parts or services. 11. Products/services that are adjunct to the contract. 12. Installation services if applicable. Purchasing Process Using PCA Contracts • Contracts are awarded by PCA's Awarding Agencies' governing bodies following open competition, in compliance with, at a minimum, all applicable Texas procurement rules and regulations. • PCA contracts are IDIQ contracts (indefinite delivery indefinite quantity); Therefore, Vendor and Member negotiate and agree to the specific scope and specifications of goods and services from Vendor. • Public sector entities use PCA contracts and join for free. • Member works directly with Vendor. Member sends their purchase order, with the PCA contract number and title referenced, directly to Vendor. Vendor delivers products/services to Member and then invoices the Member. Vendor should not provide goods or perform services without first receiving a properly executed purchase order or other purchase document • Within the parameters of the approved contract Pricing, Member will pay Vendor timely, in accordance with agreed upon term/local policy/state statute. Copies of purchase orders/other approved work orders or purchase documents are part of due diligence and allow the Member entity to pass audits. It is in the interest of Parties to have all purchasing documents properly issued; including having the contract number noted on the documents, with proper signatures/approvals and dates. PCA is not responsible for lost sales or revenue because a PCA Member failed to properly allocate funds for a purchase under state and/or federal Laws. Page 10 of 52 COOP PCA OD-383-23 Traffic Control 26 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services SECTION 3-CONTRACT TERMS AND CONDITIONS This Contract is entered into between PCA Awarding Agency and Vendor, having submitted a response to Traffic Control, Road Safety Related Products and Services issued by Purchasing Cooperative of America ("PCA", "Cooperative") and whose offer has been accepted and a contract has been entered into by PCA Awarding Agency. In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Awarding Agency and Awarded Contractor, intending to be legally bound and subject to the terms, conditions, and provisions of this Contract, agree as follows: 1. Entire Agreement. The term "Contract" as used in this document represents the entire agreement between the Parties, and includes the comprehensive collection of the Solicitation; Contract Terms and Conditions; Completed and signed forms; Awarded Contractor's solicitation response; addendums to the solicitation, if any; attachments and exhibits, if any; negotiated items in writing that become amendments to the contract; additional agreements ("supplemental contracts") in writing between Member and Awarded Contractor; and additional terms, conditions, or instructions contained in each individual purchase order issued by PCA Member. This Contract supersedes all other representations, agreements, arrangements, negotiations, or understandings, oral or written, between the Parties to this Contract. In the event of a conflict between this Contract and the solicitation or Awarded Contractor's response to the solicitation, this Contract shall control. A supplemental contract between Awarded Contractor and PCA Member may be established to further detail the terms and conditions and scope and specifications of the PCA Member's specific project. In the event of a conflict between this Contract and the Supplemental Contract as to the PCA Member and Awarding Agency/PCA, this Contract shall prevail. In the event of a conflict between this Contract and the Supplemental Contract, as to the PCA Member and Awarded Contractor, the supplemental contract shall prevail unless the supplement contract states otherwise. The supplemental contract may be added to the PCA Member's purchase order. 2. Exceptions to Contract Terms and Conditions. Any and all limitations, exceptions, qualifications, special conditions, or deviations from the Contract Terms and Conditions or any of the item specifications must be clearly noted in writing by Vendor at the time of submission of the solicitation response. In the absence of such limitations, exceptions, qualifications, special conditions, or deviations being submitted, Awarded Contractor will be held accountable to Awarding Agency/PCA and PCA Members to perform in strict accordance with all Contract Terms and Conditions and all item specifications as written. 3. Paragraph Titles. Paragraph titles in the Contract Terms and Conditions are for convenience and reference only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any paragraph of this document. Unless otherwise stated, any listing of factors or criteria in this document does not constitute an order of preference or importance. Page 11 of 52 COOP PCA OD-383-23 Traffic Control 27 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services 4. Use of Contract by PCA Members; Addition of New Members. Awarded Contractor agrees and understands that this solicitation and Contract may be used to accomplish work for both current and future PCA Members. TEX. GOVT. CODE § 2269.407. It is a benefit to the Awarded Contractor to bring their customers wishing to utilize their products and services into the PCA Cooperative. 5. Non -Exclusivity. Nothing in this Contract may be construed to imply that Awarded Contractor has the exclusive right to provide products and/or services to PCA Members. During the Term of this Contract, PCA Members reserve the right to use all available resources to procure other products and/or services as needed and doing so will not violate any rights of Awarded Contractor. 6. No Agency or Endorsements. It is the intention of Parties that Awarded Contractor is independent of the Awarding Agency, is an independent contractor, and not an employee, agent, joint venture, or partner of any PCA Member. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venture or partner, between the Awarding Agency/PCA and Awarded Contractor; any PCA Member and Awarded Contractor; PCA, Awarding Agency and any of Awarded Contractor's agents, or any PCA Member and any of Awarded Contractor's agents. Awarded Contractor has no power or authority to assume or create any obligation or responsibility on behalf of Awarding Agency/PCA or any PCA Member; and Awarding Agency/PCA and PCA Members have no power or authority to assume or create any obligation or responsibility on behalf of Awarded Contractor. This Contract shall not be construed or deemed an endorsement of a specific company or product. Awarded Contractor agrees that Awarding Agency/PCA, its administration, employees, agents, governing board, and contractors, and PCA Members have no responsibility for the conduct of any of Awarded Contractor's employees, agents, representatives, contractors, or subcontractors. 7. Amendments To This Contract. No amendment of this Contract between Awarding Agency/PCA and Awarded Contractor shall be permitted or shall have any effect unless and until a written amendment to this Contract is approved and executed by PCA. The terms and conditions of this Contract and subsequent written contract amendments shall govern all procurements conducted hereunder. No pre -published terms on Awarded Contractor's estimate or quote, acknowledgments, invoices, or other forms shall have any force or effect unless expressly agreed to by the PCA Member and Awarded Contractor. 8. Term of Contract; Renewal of Contract. The initial Term of this Contract is for a period of one (1) year, with PCA having the option to renew the Contract for four (4) additional one-year terms, at Awarding Agency/PCA's sole discretion. TEX. GOVT. CODE § 2269.409. Consequently, Term of the Contract is for a period of five (5) years. All of the annual renewals take place automatically unless Awarded Contractor is notified otherwise 30 days prior to the date of renewal. The phrase "Term" in this Contract shall mean the then -current Term of the Contract, whether an initial term or a renewal term. Awarding Agency/PCA reserves the right to make a contract award for a longer initial term period if it is determined to be in the best interest of the Awarded Agency/PCA and/or PCA Membership. Page 12 of 52 COOP PCA OD-383-23 Traffic Control 28 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services Upon mutual written agreement of both Parties, this contract may be extended beyond the contract expiration date if allowed by state and/or local jurisdiction. 9. Awarded Contractor Assignment of Contract to Others. Awarded Contractor may not assign this Contract or any of its rights, duties or obligations hereunder without the prior written approval of Awarding Agency/PCA. Any attempted assignment of this Contract by Awarded Contractor shall be null and void. Any Purchase/Job Order made as a result of this Contract may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Awarded Contractor without the prior written approval of Awarding Agency/PCA and, if applicable, the PCA Member. 10. Compliance with Laws. Awarded Contractor and their subcontractors shall certify compliance with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable: • Federal Agencies may incorporate by reference FAR and DFARs sections that are appropriate to their projects. • TEX. EDUC. CODE § 44.031(a)(4) "..all school district contracts for the purchase of goods and services, except contracts for the purchase of produce or vehicle fuel, valued at $150,000 or more in the aggregate for each 12-month period shall be made by the method... that provides the best value for the district [including] an interlocal contract..." • TEX. EDUC. CODE § 51.9335(a)(4) ':..each institution of higher education, as that term is defined by Tex. Educ. Code § 61.003, including each public junior college to the extent possible, "may acquire goods or services by the method that provides the best value to the institution, including ... a group purchasing program." • TEX. EDUC. CODE § 73.115(a)(4) "...University of Texas at El Paso "may acquire goods or services by the method that provides the best value to the institution, including... a group purchasing program." • TEX. EDUC. CODE § 74.008(a)(4) "...University of Texas Medical Branch at Galveston "may acquire goods or services by the method that provides the best value to the medical branch, including ... a group purchasing program." Other Texas Universities are also covered under Texas Codes with the some text. • TEX. LOCAL GOV'T. CODE Chapter § 271.01, Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments. • TEX. LOCAL GOV'T. CODE Chapter § 26Z Purchasing and Contracting Authority of Counties. • 24 C.F.R. 85.36(b)(5) Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments. "To foster greater economy and efficiency, grantees and sub -grantees [of federal funds/grants] are encouraged to enter into state and local intergovernmental agreements for procurement or use of common goods and services." • All contracts made by the non-federal entity under a federal award must contain the appropriate provisions of 2 CFR, Part 200-Appendix ii. • Workers Compensation laws • Minimum/maximum salary and wage statutes and regulations; prompt payments • Licensing laws and regulations • Davis -Bacon Act (40 U.S.C. § 276a/29 CFR Part 5) Page 13 of 52 COOP PCA OD-383-23 Traffic Control 29 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services • Copeland "Anti -Kickback" Act (18 U.S.C. § 874129 CFR Part 5) • Equal Employment Opportunity (in compliance Executive Order 11246, amended by E.O. 11375 and supplemented by DOL Reg. 41 CFR Part 60) • Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-330129 CFR Part 5) • McNamara -O'Hara Service Contract Act (41 U.S.C. 351) • Section 306 of the Clean Air Act (42 U.S.C. § 1857.h.) • Section 508 of the Clean Water Act (33 U.S.C. § 1368) • Executive Order 11738, EPA regulations (40 CFR Part 15) • Administrative Requirements for Grants and Cooperative Contracts to state-, local- , and federally -recognized Indian tribal governments (24 CFR Part 85) • Mandatory standards and policies contained in applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) • FEMA Requirements, If Applicable • A non-federal entity receiving federal funds, such as a Public Assistance award to restore a damaged building, must comply with the conditions attached to the grant. A non-federal entity must comply with the procurement requirements imposed by federal law, executive orders, and federal standards and regulations, as these exceed the authority over non-federal requirements, such as local or state procurement standards, to the extent they conflict with federal requirements. A non-federal entity must not make any award or permit any award at any tier to parties listed on the governmentwide exclusions in the System for Award Management (SAM), which can be found at www.sam.aov. In response to this requirement, PCA requests that Form F in Section 4 be signed and dated. For Arizona Purchase Orders under this contract: • AZ 34-607 as revised, will apply, and all applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and those mandated by federal agencies making awards of federal funds to Members • Arizona "Cancellation or Conflict of Interest" A.R.S. 38-511 • Records Retention: School Code R7-2-1083 by A.R.S. 35-214 and 35-215 • A.R.S. 41-4401 and 23-214(A) "Federal Immigration and Nationality Act" (FINA) • A.R.S. 15-512(H) provides for fingerprinting for contractors and subcontractors, and Awarded Contractors to be fingerprinted where frequent or regular services are performed on school grounds Construction Projects -All States. Awarded Contractor is responsible to: • Maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Contract. All permits will be acquired by Awarded Contractor and invoiced to the PCA Member, at cost, as part of the Purchase Order, unless otherwise provided by the PCA Member. • Comply with all state and local building code requirements unless other -wise specifically provided in the Member's Purchase Order or Job Order, and Awarded Contractor must pay all fees and charges for connections to outside services and for use of property outside the project site. Page 14 of 52 COOP PCA OD-383-23 Traffic Control 30 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services • Be acquainted with and complying with the regulations and laws of each state and jurisdiction (where they operate) that govern payment retention and progress payments for public projects. 11. Additional DFARs Federal Security Requirements for PCA Members and Awarded Contractors. Some federal agencies require certifications from contracted primary and sub -tier Awarded Contractors that conform to the Cybersecurity Maturity Model Certification (CMMC) and other requirements, as mandated by the U.S. Department of Defense under FAR Clause 52.204-21, NIST Special Publication 800-171 per the Defense Federal Acquisition Regulation Supplement (DFARs) 252.204-7012 (3, 4, and 5). PCA contracts allow federal agencies the ability to have a supplemental contract that meets their additional requirements; and these additional requirements would take precedent with total project/contract control with that agency. Sub -tier companies working on those projects have to be certified. Universities working under the above contract certifications will be required to have the appropriate certification level(s); this includes the university's sub -tier contractors. 12. Force Majeure. Force Majeure shall include, but is not limited to, governmental restraints or decrees, provided they affect all companies in the Awarded Contractor's industry equally and are not actions taken solely against the Awarded Contractor; acts of God (except natural phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take place); acts of man such as work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, or sabotage. Parties will be required to use due caution and preventive measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred shall rest on the Party seeking relief under this paragraph. The Party seeking relief due to Force Majeure will be required to promptly notify the other Party in writing, citing the details of the Force Majeure event, and will be required to use due diligence to overcome obstacles to performance created by the Force Majeure event, and shall resume performance immediately after the obstacles have been removed, provided the contract has not been terminated in the interim. Delay or failure of performance, by either Party to this contract, caused solely by a Force Majeure event shall be excused for the period of delay caused solely by the Force Majeure event, provided the affected Party has promptly notified the other Party in writing. Neither Party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure. Neither PCA nor PCA Members will be responsible for any costs incurred by an Awarded Contractor because of the Force Majeure event unless the PCA Member has requested, in writing, that the Awarded Contractor incur such costs in connection with any delay or work stoppage caused by the Force Majeure event. Notwithstanding any other provision of this paragraph, in the event the Awarded Contractor's performance of its obligations under this contract is delayed or stopped by a Force Majeure event, Awarding Agency/PCA shall have the option to terminate this Contract. Furthermore, this paragraph shall not be interpreted as to limit or otherwise modify any of the PCA Member's rights as provided elsewhere in this contract. Page 15 of 52 COOP PCA OD-383-23 Traffic Control 31 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services 13. Governing Law and Exclusive Venue. The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this Contract. Any dispute under this Contract involving Awarding Agency must be brought exclusively in the state and federal courts located in County of Harris County, Texas, and the parties hereby submit to the exclusive jurisdiction of said courts. Any dispute not involving Awarding Agency but involving a PCA Member and Awarded Contractor shall be governed by the laws of the state of the PCA Member, without regard to its provisions on conflicts of laws, and exclusive jurisdiction and venue shall lie in the city, county, and state of the Member. In any contract dispute arising between PCA Members and Vendors every effort should be made by the parties to negotiate in good faith before legal action is taken. The parties may elect to use an impartial Ombudsman or Arbitrator to work with both parties to negotiate an amical settlement. 14. Indemnification. AWARDED CONTRACTOR SHALL INDEMNIFYAND HOLD HARMLESS AWARDING AGENCY, PCA, AND EACH PCA MEMBER, INCLUDING MEMBERS' DIRECTORS, OFFICERS, ADMINISTRATORS, EMPLOYEES, AND AGENTS, FROM ALL CLAIMS, LIABILITIES, COSTS, SUITS OF LAW OR IN EQUITY, EXPENSES, ATTORNEYS' FEES, FINES, PENALTIES OR DAMAGES ARISING FROM ACTS OR OMISSIONS OF AWARDED CONTRACTOR, AWARDED CONTRACTOR'S EMPLOYEES, AGENTS, OR SUBCONTRACTORS, IN CONNECTION WITH THIS CONTRACT, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM CLAIMED INFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHT OR OTHER CORRESPONDING RIGHT(S) WHICH IS RELATED TO ANY ITEM AWARDED CONTRACTOR IS REQUIRED TO DELIVER. AWARDED CONTRACTOR'S OBLIGATIONS UNDER THIS CLAUSE SHALL SURVIVE ACCEPTANCE AND PAYMENT BY AWARDING AGENCY, PCA OR THE MEMBER. 15. Non -Appropriation "Funding Out" Clause. Awarded Contractor acknowledges that many Texas governmental entities, including educational entities, are required to include a funding out clause in accordance with TEX. LOCAL GOVT. CODE§ 271.903 concerning non -appropriation of funds for multi -year contracts. Other states may have similar statutes. Parties acknowledge that this Contract, any Supplemental Contract, any Purchase/Delivery/Job Orders are commitments of the current revenue of PCA Member only. 16. Notice. Any notice provided under the terms of this Contract by one Party to the other Party shall be in writing and shall be sent by hand -delivery, by certified or registered mail, return receipt requested, or by email Dcamerica@pcamerica.ore and require a read receipt. Notice shall be deemed effective upon receipt. Electronic signature is legal and acceptable. 17. Notification of Material Change in Awarded Contractor Operations. Awarded Contractor is required to notify Awarding Agency/PCA of any material change in operations, including, but not limited to, changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within thirty (30) business days of such change, or as soon as is practicable. 18. Equal Opportunity; Equal Employment Opportunity (EEO) Disclosures. It is the policy of Awarding Agency/PCA not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Awarded Contractor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except Page 16 of 52 COOP PCA OD-383-23 Traffic Control 32 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services where based on a bona fide occupational qualification), gender (except where based on a bona fide occupational qualification) or race, color, religion, national origin or ancestry, handicapping condition, marital status, political affiliation or belief, or veteran status. Awarded Contractor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract. A final, non -appealable judgment by a court of competent jurisdiction under which Awarded Contractor was proven to discriminate in violation of this paragraph will constitute Awarded Contractor's material breach of this Contract, whereupon Awarding Agency/PCA may terminate this Contract. 19. Working on PCA Member's Property. Awarded Contractor, its employees, subcontractors, and subcontractor's employees may not use or possess any weapons, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on PCA Member's property, nor may such workers be intoxicated or under the influence of alcohol or drugs on PCA Member's property. 20. Subcontractors, If Applicable. Awarded Contractor shall be fully responsible to the PCA Member for all acts and omissions of the subcontractors used in the performance of any part of this Contract. Nothing in this Contract shall create any obligation on the part of Awarding Agency/PCA or PCA Members to pay or to see to the payment of any monies due any such subcontractor except as may otherwise be required by law. Prime contractors agree that they are knowledgeable about 2 C.F.R. § 200.321 and will be able to demonstrate that they took the "six affirmative steps" when selecting subcontractors. 21. Insurance. Vendor is required to provide a Certificate of Insurance with its solicitation response and provide PCA Member with copies of certificates of insurance, naming the Member as additional insured for Texas Workers Compensation and General Liability Insurance, within fourteen (14) business days of receipt of purchase order from PCA Member. Certificates of Insurance including policy number, name and address of Awarded Contractor, limits of liability, and policy effective dates shall be delivered to Member prior to commencement of any work under this Contract. The insurance company insuring Awarded Contractor shall be licensed in the state in which Member is located and shall be acceptable to the Member. Awarded Contractor shall give Member a minimum of ten (10) days' notice prior to any modifications or cancellation of said policies of insurance. Awarded Contractor shall, at all times during the Term of this Contract, maintain insurance coverage with not less than the type and state statutory requirements. Awarded Contractor shall require all subcontractors performing any work under or relating to this Contract to maintain coverage with comparable limits of liability. Such insurance is to be provided at the sole cost of the Awarded Contractor. Specialty insurance, such as "marine insurance", if required for a Purchase Order, may be listed as a line item and passed through to the Member. All policies of insurance shall waive all rights of subrogation against PCA Members, and Members' officers, employees and agents. Page 17 of 52 COOP PCA OD-383-23 Traffic Control 33 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services Minimum Insurance Requirements • Auto Liability Coverage: Comb. Single Limit, each accident/any auto • Commercial General Liability, each occurrence: Damage to Rented Premises, each occurrence Medical Expenses, any one person Personal and Advertising Injury General Aggregate Products-Comp/Op Aggregate • Umbrella Liability, each occurrence: Excess Liability, aggregate • Workers Compensation: Employers' Liability (E. L.), each accident E. L. disease -each employee E. L. disease -policy limit $1,000,000 $1,000,000 $50,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $1,000,000 state's statutory limit $1,000,000 $1,000,000 $1,000,000 22. Performance and Payment Bonds, if Applicable. Awarded Contractor agrees to provide performance bonds and/or payment bonds to PCA Member, as required by law, based on the amount or estimated amount of any Purchase Order or Job Order. In Texas, TEX. GOV'T. CODE § 2269.411; TEX. GOV'T. CODE § 2253.021; TEX. TRANSP. CODE, Subchapter D, Chapter 22; and TEX. TRANSP. CODE, Chapter 22 apply. Other states may have similar statutes. Awarded Contractor shall submit a letter from a registered bonding (surety) company stating the maximum bonding capacity per project and in aggregate. If possible, also list the bond rate. 23. Customer Support. Awarded Contractor shall provide timely and accurate technical advice to Awarding Agency and PCA staff and PCA Members. Awarded Contractor shall provide reasonable training to PCA staff and PCA Members regarding products/services supplied under this contract by the Awarded Contractor, at no additional charge, upon request. 24. Damage to Member's Property. In the event and to the extent of loss, damage, or destruction to property owned by PCA Member is caused by Awarded Contractor or it's representative, agent, employee, or subcontractor, Awarded Contractor shall indemnify PCA Member and pay to PCA Member of or the full cost of repair or replacement of such property, whichever is greater. Payment shall be due within thirty (30) days of Awarded Contractor's receipt of written notice of PCA Member's determination of the amount due. If Awarded Contractor fails to make timely payment, PCA Member may obtain such money from Awarded Contractor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Awarded Contractor by PCA Member. 25. Website Support. Awarded Contractor agrees to cooperate with PCA in publicizing contract information on the PCA website. Awarded Contractor also agrees to work with PCA in updating and maintaining current information on Awarded Contractor activities related to the Contract on the PCA website. Awarded Contractor agrees to provide an electronic version of its logo for use on the PCA website upon request and provide other information as reasonably requested by PCA to help ensure that the PCA website is current and consistently updated. Awarded Contractor agrees to promote its PCA contract by prominently displaying the PCA logo on its website, per company policy, and provide a link to its website from the PCA website at www.i3camerica.ora. Page 18 of 52 COOP PCA OD-383-23 Traffic Control 34 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services 26. Promotion of Contract Marketing Plan. The marketing of Awarded Contractor's company, products and/or services shall be the sole responsibility of Awarded Contractor. PCA may supply Awarded Contractor with the PCA Members List. Members will know the requirements for PCA Membership in the jurisdictions in which they operate. PCA will work with Awarded Contractors to assist their customers to complete the PCA Membership process. Other items geared toward the joint -marketing of PCA and Awarded Contractor's company and its products/services shall be at PCA's sole discretion. For so long as this Contract is valid and enforceable between the parties, Awarded Contractor agrees to promote its PCA contract with its current customers and future customers/PCA Members, as agreed to, including the display of the PCA seal in its marketing materials and on Awarded Contractor's website. Awarded Contractor shall submit promotional materials to PCA and obtain written approval before Awarded Contractor finalizes or publishes promotional material bearing the PCA name or seal. Awarded Contractor may not release any press release or other publication regarding this Contract or PCA unless and until PCA first approves the press release or publication in writing. Encouraging Members to circumvent this Contract by purchasing directly from Awarded Contractor may result in suspension or termination of Awarded Contractor's PCA contract. 27. New Products/Job Order Contracting -Construction Only. New products and pricing, or non -pre - priced, will be handled as defined in the Unit Price Book used by Awarded Contractor. Sales and installation of proprietary new technology, software and equipment may be accomplished by taking the manufacturer's published retail price on equipment and installation and applying the contractor's bid coefficient and local cost index. 28. Engineering Services. Awarded Contractors doing work in Texas may NOT provide Engineering Services via this contract per TEX. GOVT. CODE § 2254.004 and 791.011. In Texas, if engineering or architecture is required, the selection for such professional services shall be made by the PCA Member per Texas law. Awarded Contractors working in states other than Texas shall follow the requirements of those jurisdictions. 29. Title and Risk of Loss, If Applicable. Whenever a PCA Member is purchasing (and not leasing) a product under this contract, title and risk of loss shall pass upon the later of Member's acceptance of the product or payment of the applicable invoice. 30. Records Retention. Awarded Contractor shall maintain its records and accounts in a manner that shall assure a full accounting for all products/services provided by the Awarded Contractor to Awarding Agency/PCA Members under this Contract. These records and accounts shall be retained by Awarded Contractor and made available for review by Members for a period agreed to by PCA Member Awarded Contractor, or as required by law. If an audit or contract compliance review has been announced, the Awarded Contractor shall retain its records and accounts until such audit or compliance review has been completed. 31. PCA Administration Fee and Monthly Report Page 19 of 52 COOP PCA OD-383-23 Traffic Control 35 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services PCA Administrative Fee • PCA Administrative Fee ("Admin Fee") for this solicitation/any subsequent Contract is found in SECTION 6-PRICING. • Awarded Contractor shall honor and pay the Admin Fee for all sales that occur resulting from this Contract within thirty (30) days from the date Awarded Contractor receives payment from PCA Member, whether for progress payment, completion of work, or payment for delivered goods. • In the event that Awarded Contractor's PCA contract expires or is terminated, Awarded Contractor agrees to pay the Admin Fee for all projects extending beyond the expiration or termination date for those Purchase/ Delivery/Job Orders received prior to expiration or termination. • Pass -Through Costs that are subtracted from the gross contract/purchase order amount before calculating the Admin Fee include items such as specialty insurance, taxes, cost of bonds, delivery costs. • Awarded Contractor shall make the check payable to "Purchasing Cooperative of America" and send the check to 'Purchasing Cooperative of America', P.O. Box 604, Hico, TX 76457. • The check may be mailed with the monthly report. Include the PCA contract number. • Failure to pay the Admin Fee in a timely manner may result in suspension or termination of this Contract. Monthly Report • Vendor shall provide PCA with a detailed monthly report and pro forma showing the total dollar volume of all sales under this Contract for the previous month in Microsoft Excel, in the format and with the information specified by PCA. • Reports are due on the fifteenth (15) day of the month after the close of the previous month. • Vendor is responsible for collecting and compiling all sales under this Contract from all PCA Members and submitting one (1) consolidated monthly report. • The monthly report shall include, at a minimum, the date of each PCA Member/customer P. O. with scheduled start and completion date, sale/project description, P. O. number, Member/customer name, city/town, and P. O. total dollar amount. • Include an overview of pending projects (the "pro forma") on the Monthly Report. • Awarded Contractor (Vendor) shall submit a copy of PCA Member/customer Purchase Order and/or supplemental agreement along with the mandatory monthly report, as well as change orders made prior to project completion. • Reports shall be submitted in Excel format to Purchasing Cooperative of America at P.O. Box 604, Hico, Texas 76457, or electronically to ReportsPocamerica.om. • The Monthly Report form is at www.pcamerica.ore on the Forms Tab. 32. Additional Fees and Reporting Information. Some states and other government/non-profit agencies require an additional fee to use another state's or agency's contracts in their jurisdiction. If an additional fee is requested and Awarded Contractor agrees, Awarded Contractor shall submit copies of the purchase orders involved and pay the additional fee to PCA who will then pay the entity involved. Additional fees must be discussed with PCA prior to acceptance of additional fee charges. If this contract is adopted by another cooperative or entity, Awarded Contractor for this Page 20 of 52 COOP PCA OD-383-23 Traffic Control 36 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services contract is still responsible for PCA fees based on the work performed for that entity, cooperative and/or that cooperative's Members. All such work shall be reported on the PCA Monthly Report and fees paid accordingly. Awarded Contractors may not use PCA contract to request a contract from another agency or purchasing cooperative without the written approval of PCA. To do so without PCA written approval will automatically violate the provisions of this contract resulting in its immediate cancellation. Other cooperatives desiring to utilize PCA contracts must sign an Interlocal Agreement or contract with PCA defining the contract's use and PCA payment requirements. 33. Right to Review, Audit and Inspect. Awarding Agency/PCA, PCA Members, any federal agency that has awarded federal funds/grants to Member for applicable products/services, the Comptroller General of the United States, and authorized representatives, shall, upon written notice, have the right to reasonably audit and examine Awarded Contractor's records and accounts relating to this Contract and inspect projects performed by Awarded Contractor relating to this Contract. Records shall be open to inspection and audit review and/or reproduction to the extent necessary to adequately permit evaluation and verification of: a. Awarded Contractor's compliance with this Contract and the requirements of the solicitation. b. Compliance with procurement laws, policies, and procedures, including, without limitation, reviewing/comparing pricing on invoices for Awarding Agency or PCA Members. C. Compliance with provisions for computing billings to Members. 34. Supplemental Contracts Awarded Contractor and PCA Member may enter into a separate, supplemental contract per purchase order. Any supplemental contract developed in addition to this Contract and/or the solicitation is exclusively between the PCA Member and Awarded Contractor and shall have no effect or impact on Awarding Agency, PCA, any other PCA Member, or this Contract. Any supplemental contract between Awarded Contractor and PCA Member may be subject to immediate cancellation by the PCA Member (without penalty to the PCA Member) if, in the opinion of the PCA Member, the quality, service, specification requirements, and/or the terms and conditions are not maintained as stated in the supplemental contract. Copies of all supplemental agreements and purchase orders shall be sent to PCA by Awarded Contractor as part of this contract. 35. PCA Member Tax Exempt Status. PCA Members that are Texas governmental agencies are exempt from payment of Texas State Sales Taxes under TEX. TAX CODE § 151.310 for the purchase of tangible personal property. Other states may have similar laws. PCA Members shall not be liable for any taxes resulting from this Contract, except where otherwise required by law. 36. Awarded Contractor -Tax Responsibilities and Indemnification for Taxes. Awarded Contractor is responsible for complying with the federal government's and all states' tax laws of states in which they work. Awarded Contractor and all subcontractor(s) of Awarded Contractor shall pay all federal, state, and local taxes applicable to Awarded Contractor's operation, any persons employed by Awarded Contractor, and all subcontractors of Awarded Contractor. Awarded Contractor shall require all subcontractors to hold Awarding Agency /PCA and the PCA Member harmless from any responsibility for taxes, damages, and interest. If applicable, contributions required under federal, state, and/or local laws and regulations and any other costs, including, Page 21 of 52 COOP PCA OD-383-23 Traffic Control 37 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services but not limited to, transaction privilege taxes, unemployment compensation insurance, Social Security, and Workers Compensation, shall be the sole responsibility of Awarded Contractor. 37. Sales Tax -Texas Only. Upon request and as appropriate, each Member will provide a Tax Exemption Certificate to the Awarded Contractor. Texas government entities that are public jurisdictions that are exempt from Texas sales, excise, and use taxes. Unless otherwise specified in this solicitation, Texas sales tax will not be included in any delivery order or purchase order or invoice submitted by any Awarded Contractor unless the Awarded Contractor has requested a Texas Sales Tax Exemption Certificate from the Member in writing and failed to receive the same within a reasonable period of time. The Limited Sales, Excise, and Use Tax Laws recognize the inclusion of tax exemption information as part of a purchase order document to be as binding as if it had been submitted separately, and by responding to this solicitation, Awarded Contractor has agreed to accept tax exemption information in such form. 38. Taxpayer Identification Number and Certification, W-9. To receive payment under this Contract, Awarded Contractor shall have a current IRS W-9 Form on file with PCA Member. 39. Tax Requirements of States Other than Texas. Payment of taxes by PCA Members Outside of Texas —PCA Members outside of Texas will pay only the rate and/or amount of taxes per the purchase order sent to the Awarded Contractor as appropriate to the specific PCA Member. State and Local Transaction Privilege Taxes — The PCA Member is subject to all applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sales of products and are the sole responsibility of Awarded Contractor, as the seller, to remit. Failure to remit taxes from the PCA Member, as the buyer, does not relieve Awarded Contractor, as the seller, from its obligation to remit taxes. 40. Severability. In the event any one or more of the provisions contained in this Contract 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 provisions, and the Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 41. Waiver. No claims or rights arising out of a breach of this contract can be discharged in whole or part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved Party. No failure on the part of either Party at any time to require the performance by the other Party of any term hereof shall be taken or held to be a waiver of such term or in any way affect such Party's right to enforce such term, and no waiver on the part of either Party of any term hereof shall be taken or held to be a waiver of any other term hereof or the breach thereof. No waiver, alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by duly authorized representatives of the parties hereto. 42. Remedies for Non -Performance of Contract and Termination of Contract. Should the participating PCA Member suspect or find that the Awarded Contractor or any of its subcontractors are not in compliance, PCA Member may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and Page 22 of 52 COOP PCA OD-383-23 Traffic Control 38 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services suspension and/or debarment of the contractor. All costs necessary to verify compliance are the responsibility of the Contractor. In any contract dispute arising between PCA Members and Vendors every effort should be made by the parties to negotiate in good faith before legal action is taken. The parties may elect to use an impartial Ombudsman or Arbitrator to work with both parties to negotiate an amicable settlement. This Contract shall remain in effect until: a. Contract expires by its terms. b. Terminated For Convenience: Awarding Agency/PCA Contractor may terminate this Contract, in whole or in part, without penalty and without cause, by giving thirty (30) days' written notice to Contractor. C. Terminated For Cause: Awarding Agency/PCA may terminate this contract if Contractor fails to perform as agreed or is not performing to the standards expected by PCA Member and PCA. d. Contract is terminated by mutual consent of PCA and Awarded Contractor with thirty (30) days' written notice. All active purchase orders must be completed. Awarding Agency/PCA further reserves the right to terminate the Contract immediately in the event Awarded Contractor fails to: e. Meet schedules, deadlines, and/or delivery dates within the time specified in the solicitation, this Contract, and/or a Purchase/Job Order; f. Make any payments owed; or g. Otherwise perform in accordance with this Contract and/or the solicitation. Awarding Agency/PCA may terminate the Contract with written notice to Awarded Contractor if PCA believes, in its sole discretion, that it is in the best interest of Awarding Agency, PCA or PCA Members to do so. Awarded Contractor agrees that Awarding Agency/PCA shall not be liable for damages in the event that Awarding Agency/PCA declares Awarded Contractor to be in default or breach of this Contract and/or the solicitation. In the event of a breach or default of the Contract and/or the solicitation by Awarded Contractor, Awarding Agency reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of Awarding Agency PCA Members. 43. Disclosure of Interested Parties -Texas Requirement. Pursuant to TEX. GOUT. CODE § 2252.908 the Texas Ethics Commission (TEC) has adopted a certificate of interested parties form (Form 1295) and rules requiring business entities and state agency personnel to file Form 1295 on the TEC website at https://www.ethics.state.tx.us/tec/1295-Info.htm. It is Awarded Contractor's responsibility to comply with all disclosure laws including Chapter 2252. Disclosure will not be handled by Awarding Agency/PCA on behalf of PCA Member. 44. Awarding Agency/PCA Reservations. PCA reserves the right to: • Cancel this solicitation in whole or in part, at the sole discretion of PCA. • Accept, reject, or negotiate modifications in any terms of the Awarded Contractor's proposal or any parts thereof. Page 23 of 52 COOP PCA OD-383-23 Traffic Control 39 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services • Conduct oral interviews/discussions or presentations necessary to select the best value Awarded Contractor and/or to obtain competitive pricing. • Reject and/or disqualify any or all proposals received, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interest of Awarded Agency/PCA and/or PCA Members. • Waive any formalities, technicalities, or other defects if deemed in the best interest of PCA and/or PCA Members; Request clarification and/or correction of Awarded Contractor(s) for the purpose of eliminating minor errors, clerical errors, and/or non -substantive irregularities. • Award one or more contracts, in part or in whole, to a single or to multiple Awarded Contractors, in PCA sole discretion. • Make all decisions regarding this solicitation, including, without limitation, the right to decide whether a proposal substantially complies with the requirements of this solicitation. • Remove, for cause, any Awarded Contractor personnel working under this contract. Page 24 of 52 COOP PCA OD-383-23 Traffic Control 40 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services SECTION 4-SOLICITATION RESPONSE INSTRUCTIONS AND FORMS Electronic Solicitation Response and Submission PCA utilizes the Bonfire eProcurement system for posting solicitations and receiving Vendor responses to solicitations. Questions regarding the Bonfire application will be answered by Bonfire Vendor Support Team at support@eobonfire.com. Current minimum system requirements for Bonfire: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Submission Restrictions Bonfire restricts individual documents larger than 1,000 MB. Documents larger than the requirement will need to be divided into smaller sizes and uploaded as separate documents. If Vendor is submitting a large catalog online, Vendor must provide the URL, login and password to access the site/file. Questions regarding the PCA solicitation will be accepted up to 5 business days prior to the due date and must be submitted online in Bonfire. Questions and answers will be posted in Bonfire and emailed to all potential responders who have already downloaded the solicitation. Vendors are responsible for making sure, when using Electronic Signatures, that the signatures are actually transferring to the documents being uploaded into Bonfire. PCA/Awarding Agency cannot accept responsibility for technical difficulties that Vendor may encounter when submitting documents electronically. Vendor must inform PCA as soon as possible of upload problems. If the problem cannot be fixed quickly, a deadline extension (in an addendum) may be issued and posted on the website for download and inclusion in submittal. PCA and Awarding Agency assume no financial responsibility for any costs incurred by Vendor in developing and submitting a response, addenda or participating in pre -proposal meetings, in any type of negotiation sessions or discussions, or any other costs incurred by Vendors pursuant to this solicitation. Exceptions to Contract Terms and Conditions Any and all limitations, exceptions, qualifications, special conditions, or deviations from the Contract Terms and Conditions or any of the item specifications must be clearly noted in writing by Vendor at the time of submission of the solicitation response. In the absence of such limitations, exceptions, qualifications, special conditions, or deviations being submitted, Awarded Contractor will be held accountable to Awarding Agency/PCA and PCA Members to perform in strict accordance with all Contract Terms and Conditions and all item specifications as written. Confidential Information in Vendor Response Vendor should not include any information in Vendor's response to this solicitation that they consider proprietary or confidential. Page 25 of 52 COOP PCA OD-383-23 Traffic Control 41 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services PCA Awarding Agency is an agency of the State of Texas and subject to the Texas Public Information Act. Texas Government Code, Chapter 552, gives the public the right to access government records. All government information is presumed to be available to the public. Proposals submitted to PCA as a result of this solicitation may be subject to release as public information before PCA Member decides to work with an Awarded Contractor or after contracts are executed or the procurement is terminated. PCA Awarding Agency and PCA cannot be held responsible for releasing any information in Vendor's response that Vendor may consider proprietary or confidential. PCA Awarding Agency/PCA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Vendors. Page 26 of 52 COOP PCA OD-383-23 Traffic Control 42 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services VENDOR RESPONSE INSTRUCTIONS Questions using Bonfire? support C@eobonfire.com General questions about the RFP? Specific questions about the RFP cannot be answered while the RFP is out for response. For general questions, go to the corresponding RFP in Bonfire and enter your question in the 'Messages Section' in the Public Notice Tab. Answers will be posted there also. In Bonfire: Step 1. Upload completed Form A (found in RFP SECTION 4). A. Offer Acceptance and Contract Signatures Form Step 2. If Vendor checked "WITH EXCEPTIONS" on Form A, upload exceptions here. Instructions for creating a separate document: • Put RFP # and Title in the heading on the left margin. • Put Company name in the heading on the right margin. Example: RFP OD-XXX-XX Widgets ABC Company, LLC Instructions for proposing exceptions: Exceptions are proposed changes to Contract Terms and Conditions ("T&Cs"). Do not mark changes on the original solicitation Contract Terms and Conditions. List T&C #, paragraph #, justification and change. Example: T&C #3 — paragraph 2 — Justification: Company policy Changed to: Type in Vendor exception/proposed verbiage Step 3. Upload completed Signature Forms B — L (found in RFP SECTION 4). B. Solicitation Addendum C. Vendor Certification Form D. Antitrust Certification Statement E. W-9 Request for Taxpayer Identification Number and Certification F. Certification Regarding Debarment, Suspension and Other Responsibility Matters G. Insurance Certificate H. Cybersecurity Maturity Model Certification I. Bond Letter J. HUB, etc. and ISO Certifications K. Distributors/Resellers Only: Manufacturer's Authorization L. Vendor Questionnaire Step 4. Upload Company Logo — Form M (found in RFP SECTION 4) as an .png, .jpg, or .jpeg file. M. Company Logo Step S. Upload Vendor's Response to RFP SECTION 5-SCOPE AND SPECIFICATIONS.* Step 6. Upload Vendor's Response to RFP SECTION 6-PRICING.* * When adding additional pages, follow the 'Instructions for creating a separate document' above. Page 27 of 52 COOP PCA OD-383-23 Traffic Control 43 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services FORM A OFFER ACCEPTANCE AND CONTRACT SIGNATURES FORM Complete and sign and upload. Offer by Vendor Vendor acknowledges and certifies that they have examined this solicitation, contract terms and conditions, scope and specifications, accompanying forms, etc. (the entire Contract) and hereby offers to furnish products and/or services in strict compliance with the entire Contract and Vendor's response. NO EXCEPTIONS. Vendor assures Awarding Agency of compliance with the entire Contract and response with no further changes. WITH EXCEPTIONS. Proposed changes to Contract Terms and Conditions. See RESPONSE INSTRUCTIONS for presenting Vendor's proposed changes. NOTE: Freight & Delivery, if charged to customer, is not considered an exception. Company Name: Address: City/State/Zip: Phone: Email: Printed Name, Title: Signature: ********************VENDOR DO NOT WRITE BELOW THIS LINE ******************** Contract Number: Contract Exceptions — PCA ❑ None ❑ All Rejected ❑ Negotiated, Agreed To, and Attached PCA Authorized Signature: Printed Name: Date: Offer Acceptance by PCA Awarding Agency Term of Contract: to Unless otherwise stated, this Contract is for an initial period of one (1) year with an option to renew annually for an additional four (4) years if agreed upon by Awarding Agency and Vendor. Renewal shall be automatic on the anniversary date unless informed otherwise. Awarding Agency Authorized Signature: Printed Name: Date: Page 28 of 52 COOP PCA OD-383-23 Traffic Control 44 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services FORM B SOLICITATION ADDENDUM If issued; sign and upload. An Addendum, if issued, will be noticed in Bonfire and on the PCA website, www.i)camerica.org on the Solicitation Tab. The Addendum will clearly state the addition, change or deletion to the solicitation and require an acknowledgement by Vendor by signature. Download the Addendum, sign and date, and submit the Addendum with Vendor's submission. If Vendor has already submitted a proposal in Bonfire before the notice is posted, Vendor may select to 'UNSUBMIT'their response and after uploading the Addendum, select 'FINAL SUBMISSION' again. Check here if there are NO Addendums. Page 29 of 52 COOP PCA OD-383-23 Traffic Control 45 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services TEXAS CERTIFICATIONS: FORM C VENDOR CERTIFICATION FORM Initial each certification, sign and upload. CERTIFICATE OF INTERESTED PARTIES A governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties. Form 1295 must be filed with the Texas Ethics Commission at www.ethics.state.tx.us. TEX. GOV'T. CODE, Chapter 2252.908. Does Vendor agree? If YES, provide the initials of an Authorized Representative CRIMINAL HISTORY BACKGROUND CHECKS TEX. EDUC. CODE, Chapter 22 requires Vendors for public school districts to review state and national criminal histories of employees or subcontracted employees who will have direct contact with students, and certain convictions will disqualify that employee from service to the school district. Also go to tasb.ore. Does Vendor agree? If YES, provide the initials of an Authorized Representative DOING BUSINESS WITH INDIVIDUALS, ENTITIES OR COUNTRIES SANCTIONED BY TEXAS AND OTHER STATES TEX. GOV'T. CODE, Chapter 2252 prohibits Texas governments from contracting with companies that do business with listed foreign terrorist organizations, as updated; other states have similar laws. Does Vendor agree? If YES, provide the initials of an Authorized Representative INVESTMENTS AND CONTRACTS WITH COMPANIES THAT BOYCOTT ENERGY COMPANIES Subtitle A, Title 8, TEX. GOV'T. CODE, Chapter 809. Contracts for goods/services between a governmental entity and a company (excluding a sole proprietorship) with 10 or more full-time employees that has a value of $100,000 or more to be paid wholly or in part from public funds. Vendor certifies that Vendor • Does not boycott energy companies, and • Will not boycott energy companies during the term of the contract. Does Vendor agree? If YES, provide the initials of an Authorized Representative TEXAS FAMILY CODE Section 14.52 of the TEX. FAMILY CODE, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993): all responders must complete and submit the following affidavit: I, the undersigned Vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an Owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is eligible to respond or receive a state contract. Does Vendor agree? If YES, provide the initials of an Authorized Representative CONTRACTS WITH COMPANIES THAT DISCRIMINATE AGAINST FIREARM INDUSTRY TEX. GOV'T. CODE, Subtitle F, Chapter 2274 - Effective date, September 1, 2021. For contracts for goods/services between a governmental entity and a company (excluding a sole proprietorship) with 10 or more full-time employees that has a value of $100,000 or more to be paid wholly or in part from public funds, Vendor certifies that Vendor Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and Will not discriminate against a firearm entity/ firearm trade association during the term of the contract. Does Vendor agree? If YES, provide the initials of an Authorized Representative Page 30 of 52 COOP PCA OD-383-23 Traffic Control 46 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services TEXAS FELONY CONVICTION NOTICE TEX. EDUC. CODE § 44.034, Notification of Criminal History of Vendor s, provides: (a.) A person or business entity that enters into a contract with a Texas school district must give advance notice to the district if the person or an Owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. (b.) A Texas school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. (c.) This section does not apply to a publicly held corporation. Does Vendor agree? If YES, provide the initials of an Authorized Representative STATE OF TEXAS FRANCHISE TAX Vendor certifies that Vendor is not currently delinquent in Vendor's payment of any franchise taxes or other taxes owed to the State of Texas. Does Vendor agree? If YES, provide the initials of an Authorized Representative FEDERAL CERTIFICATIONS: BUY AMERICA PROVISIONS Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Buy American Act (1933) applies to direct U.S. Federal procurement, covers specified products, and requires the U.S. government to prefer domestic goods and services unless the head of the agency involved in the procurement has determined that the prices of the domestic suppliers are "unreasonable" or that the purchase would be "inconsistent with the public interest." The Act contains exceptions in terms of trade agreements. Buy America Act (1983) applies only to mass -transit -related procurements such as highways, bridges, transit systems and terminal programs valued over $100,000 and funded at least in part by Federal grants issued by the Federal Transit Administration and Federal Highway Administration. Under Buy America, Federal -aid funds may not be obligated for a project unless iron and steel products used in such projects are manufactured in the United States -- with some exceptions. Does Vendor agree? If YES, provide the initials of an Authorized Representative REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS — APPENDIX II TO CFR PART 200 In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non - Federal entity under the Federal award must contain provisions covering the following, as applicable: (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Does Vendor agree? If YES, provide the initials of an Authorized Representative (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement. Does Vendor agree? If YES, provide the initials of an Authorized Representative (C) Equal Employment Opportunity - Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "Federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319. 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 Page 31 of 52 COOP PCA OD-383-23 Traffic Control 47 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Does Vendor agree? If YES, provide the initials of an Authorized Representative (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148) - When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5. "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. All Texas laws regarding prevailing wage rates, including, but not limited to, TEX. GOV'T. CODE § 2258, applicable to the construction of a public work, and any related Federal requirements, including the Davis -Bacon Act (40 U.S.C. Section 276a et seq.), and its subsequent amendments. In the event TEX. GOV'T. CODE § 2258 applies to a product or service provided by Vendor to a Member, Vendor and any subcontractor(s) shall comply with the prevailing wage rates set by the Member. Certified payroll shall apply and must comply with FEMA requirements for equipment rentals and expendables. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract, per TEX. GOV'T. CODE § 2258.023. Also, McNamara -O'Hara Service Contract Act (41 U.S.C. 351). Does Vendor agree? If YES, provide the initials of an Authorized Representative (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) - Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Does Vendor agree? If YES, provide the initials of an Authorized Representative (F) Rights to Inventions Made Under a Contract or Agreement - If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Does Vendor agree? If YES, provide the initials of an Authorized Representative Page 32 of 52 COOP PCA OD-383-23 Traffic Control 48 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services (G) Clean Air Act (42 U.S.C. 7401-7671ci.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671ci) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Does Vendor agree? If YES, provide the initials of an Authorized Representative (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Does Vendor agree? If YES, provide the initials of an Authorized Representative (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. Does Vendor agree? If YES, provide the initials of an Authorized Representative CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT Vendor certifies that Vendor is in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). Does Vendor agree? If YES, provide the initials of an Authorized Representative CERTIFICATION OF COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS IN EXCESS OF $100,000 OF FEDERAL FUNDS Vendor certifies that Vendor is in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)); Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. Does Vendor agree? If YES, provide the initials of an Authorized Representative FERPA CONFIDENTIALITY Vendor agrees to cooperate with Awarding Agency/PCA to secure the confidentiality of all information and records in accordance with applicable Federal and state laws, rules, and regulations. Vendor understands that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232(g), governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable. Does Vendor agree? If YES, provide the initials of an Authorized Representative CERTIFICATION OF NON -COLLUSION STATEMENT Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity. Does Vendor agree? If YES, provide the initials of an Authorized Representative OSHA Page 33 of 52 COOP PCA OD-383-23 Traffic Control 49 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services Vendor, its sub-vendor(s), and their respective employees shall comply fully with all applicable Federal, state, and local safety and health laws, ordinances, rules, and regulations in the performance of services under this Contract, as applicable, including, without limitation, the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all safety guidelines and standards as required by PCA Members. Vendor shall indemnify and hold Awarding Agency /PCA, PCA agents, and/or PCA Member(s) harmless from and against all claims, demands, suits, actions, judgments, fines, penalties, and liability of every kind arising from the breach of Vendor's obligations under this provision. Does Vendor agree? If YES, provide the initials of an Authorized Representative RECORDS ACCESS AND RETENTION REQUIREMENTS 2 C.F.R. § 200.336. Vendor agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. 2 CFR § 200.333. When Federal funds are expended by PCA Members for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. Vendor further certifies that Vendor will retain all records for a period of three years after grantees or sub grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does Vendor agree? If YES, provide the initials of an Authorized Representative DOING BUSINESS WITH INDIVIDUALS, ENTITIES OR COUNTRIES SANCTIONED BY U.S. GOVERNMENT Vendor certifies that it is not engaged and doing business with individuals, entities or countries sanctioned by the U.S. Government, including, but limited to, those on the Listing of Specially Designated Nationals and Blocked Persons (the "SDN List"). Does Vendor agree? If YES, provide the initials of an Authorized Representative CERTIFICATION Vendor agrees to comply to all Federal, state and local provisions, laws, acts, regulations, as applicable. It is further acknowledged that Vendor certifies compliance with the provisions, laws, acts, regulations, etc. noted above. PCA Members may have additional provisions, laws, acts, regulations they will require Vendor to agree to, and adhere to, which will be added to the purchase order and/or in a supplemental contract. Vendor Company Name: Address, City, State and Zip Code: Printed Name and Title of Authorized Representative: Phone Number: Email Address: Signature of Authorized Representative: Date: Page 34 of 52 COOP PCA OD-383-23 Traffic Control 50 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services FORM D ANTITRUST CERTIFICATION STATEMENT TEX. GOV'T. CODE §2155.005 Required if Vendor wants to work with Texas State Agencies, per the Texas Attorney General. For more information, go to: httDs://texasattornev>-eneral.gov/sites/default/files/files/divisions/antitrust/PublicPurchasersGuideAntitrust.pdf Vendor wants to work with Texas State Agencies: ❑Yes ❑No If 'No', a signature is not required. If 'Yes', complete the areas in red and sign: I affirm under penalty of perjury of the laws of the State of Texas that: (1) 1 am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual ("Company") listed below; (2) In connection with this proposal, neither I nor any representative of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, TEX. BUS. & COMM. CODE Chapter 15; (3) In connection with this proposal, neither I nor any representative of the Company have violated any Federal antitrust law; and (4) Neither I nor any representative of the Company have directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. Vendor Bidder [Company] [Contact signature Other than Official Below] Printed Name Address Position with Company Official Authorizing Signature Phone Proposal Fax FORM E Printed Name Position with Company Page 35 of 52 COOP PCA OD-383-23 Traffic Control 51 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services W-9 Additional information for completing this form is available at www.irs.eov. W_9 Request for Taxpayer Give Form to tl,a 1. Fev.Outabar,018� Identification Number and Certification requester. Do not neparmwrcwlheneasry sand to the IRS. mmmml pmsnm 5avIW ■ Go tD w Jrs vrForrrr"for rnstructimE d the latest infornation- �mcluan 1 1 Nar Ise shown on yoW ncome tax realm}. Narne lred on this the; do not later this Ine Na nk 12 auanees nameldara}arded entity name. Ir drTareut fmrn abo 2 C-E-Kapp reprtate bm fdr WaM tax clasElflcatlon mthe pBrsm whose name h entered Dri Ire 1. check only die or the 4 Exemptkrls{codas appN mlyto rn raiicwingaercrn buxae. tartan wMW not ndMduale; see nstmctlone on prase 31= c ❑ rnomdu3vecie popretoror ❑ 0Corpor ion ❑ 5Corpxabnn ❑ PadnerEhlp ❑TYuatleetate g6 sngle-metnow LLC Exmpt paj— oDd"PTarY4 9 ❑ urnma Ilabiny DDrrlp rty. EntEr true tax Gasel =I3n F—C carporitlzrn, S-S Dxporldnn, P-PEMIBrslllp) ■ `d I Note Check the appropriate box In the Ire above Tor the tax cLamncation Df the single -member owner- Ca not check Exemption from FATC:A raportng 0 LLC If the LLC s iAmsllled as a elrxja-maVi nlier LLC et 19 dlerecgardad rrorm the oxmer unless the owner of the LLC b cooe 7 MIA arWer L.LCMW Isnet disregarded TrD n1W ownarfDr U.S. %canal tax pirpWes- OtllNW%G, a single -member LLC that ,E Is dilanm egardEd frothe owner rhoukt check the apprepdate box for the tax chmilloatlon of ha owner. ❑ OamBf {gee Innnud11oro P. att uc fraj N 5 Addy (nrT W. street, and apt. or m1ts no.} See fttn CDorte. Rsgjaeters name and address {Dpm Dnait a Chy, sWq erhd 2JPCDde .� 7 List v rrt numbael here (optional} Taxpayer Identification Number (TIN) FnIeryorr T1N in the appropriale bo� The TN provided must match the name given on line 1 to avoid I Satlal security number 1 backup withholding. For indivicuale. Uris is generally your social secunty number (SSN). I-bweaer, for a m residenntity t slian, sole proprietor- or disregarded e, see the i netructions for Part I, later- Fa other entde , b is your employer idantificaticn number (EIN). Ifyou do not have a number, see Hcnv ro get TON, later. or Note: If the account is in mere than one name, see the instructiona for line 1. ,Wao see 6W4 t Mane and I EmFHGY +Idenmrlcat]on number Akmnher To G*e the Requester for guidelines on whose number to &mar. m - JjM Certification U nderpanabias of perjury. I certify that: I -The number ahown on this form is my comect taxpayer identification number (or I am waiting fora numbarto be isaoed to me); and 2- 1 am not subject to backup withholding bacauae: (a) I m an" exempt from backup withholding, a (b) I have not been hooted by the Ifrternal Revenue Service QRS) that I am subject to backup withholding as a resuh of a failure to report ell inmreat ordividarhda, a"One IRS hoe notified me that I an rho- longer subject to backup withholding; and 3. I am a U.S. cititten or other LLS. person (daflmd below); and 4. The FATGA code(e) entered on this form ;if any) indicating that I am exempt from FATCA reporting ie correct. Cerfification imbuctiorte. You must cross ou- item 2 above if you hays been notified by die IRS thal you are currerdly subject to backup w lFholding because you have WWI to reperi all ihlareet and dMdendls on your taxrehrn. For real Estate trarlaactiorrs. hem 2 doesnot apply. FormdrNage intBreEl paid, acquidtlon or ebandonnr_nt of seared pmperly, oanoella-icn of debt, contrixAk a to an individual retirement aranganem ORA). and genaelly, payments ofNa than iniereot and di•idendr you are ndI required to sign the cert"ien, but you mxw provide your cortsct TIN. See the instructions for Part 11, later. Sign SYljetre Df Here U-S. person► General Instructions Section rafarenceE are to the Internal Revenue Code unless otherwise noted - Future developments. For the latest information about developments related to Form VN-9 and its instructions, such m JBoislation enacted after they ware publiamed, go In ww Jm.govlFa M. Purpose of Form An individual or entity (Form W" regmm te)wha h required to file an information retum with the IRS must obtain your correct taxpayer identHicaton number MMj which may ba you aerial aecurity number (SSN), individual layer identification number(mN), adoption taxpayer idenbfcation number (ATIN), oremployar identification number (EI N), to report on an information return the amount paid to you, or other amount reportable on an information raturn. Examples of information returns include, but are not limited to, the following. • Farm 1099-INT (interest earned or paid) Cat. No. 1 U31X Dora► • Form 1ON-DIV (dividends, ind uding thoaa from atacka or mutual • Form 169g-MISC (various typea o1 income, prizes, awards, or gross procsede) • Form 1ON-B (stock or mutual fund salve and certain other transactiona by brokers) • Form 1039-S fpnocaads from reel estate transactiona) • Form 1099-K (merchant card and third party network tranaections) • Form 1CQD home mortgage interest), 109&E (student loan intEraetj, low—T(tuition) • Form 1ON-C (canceled debt) • Form 1ON-A(aoWulJon or abaldcrmenl of secured property) Ultra Form W-9 only if you are a U-S. person (including a resident alien). to provide your oxrect Tl N- tf you do not mtum Fort W- 9 to the raqu h r naGh a TTAL yve' rrrgM be mAhput to backup wrHrhok*rrg. Sea Whet n backup withholding. Jeter FDMI W-1D (Rel. 142ma) Page 36 of 52 COOP PCA OD-383-23 Traffic Control 52 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services FORM F CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Instructions A signed Certification is due upon submittal of an offer and during the annual contract renewal period. A PCA Member may also request and receive a Certification prior to purchase of goods or commencement of work. Inability of Vendor to provide the certification below will not necessarily result in disqualification of the Vendor's submittal or non -renewal of the Awarded Contractor's/Vendor's contract. The Vendor/Awarded Contractor shall submit an explanation of why it cannot provide the certification. The certification or explanation will be considered in connection with Awarding Agency/PCA's determination whether to award a contract/terminate an existing contract. However, failure of Vendor to furnish a certification or an explanation shall disqualify such Vendor from being awarded a contract or the Awarded Contractor from renewal of an existing contract. Certification is a material representation of fact upon which reliance is placed when Awarding Agency awards/renews a contract. If it is later determined that Vendor/Awarded Contractor knowingly rendered an erroneous certification, Awarding Agency may terminate the contract for cause or default. Vendor/Awarded Contractor shall provide immediate written notice to PCA Member if at any time Vendor/Awarded Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of Vendor/Awarded Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Vendor certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency, or state agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this submittal/renewal had one or more public transactions (Federal, state or local) terminated for cause or default. Where Vendor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Authorized Signature Printed Name & Title Date Page 37 of 52 COOP PCA OD-383-23 Traffic Control 53 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services G. T J. L. PCA FORMS G - L Check if applicable and upload this completed form/documents in Step 3. Submitting Additional Pages if necessary • Put RFP # and Title in the heading on the left margin. • Put Company name in the heading on the right margin. • Upload documents, except for Company Logo, in .pdf format. Insurance Certificate -Required Required for all submittals. Submit an Insurance Certificate from Vendor's insurance carrier. Vendor is insured by: Cybersecurity Maturity Model Certification (CMMC)-if Applicable ❑Yes ❑No Is Vendor CMMC certified? Certification not required at this time. Some PCA Members want this information. Bond Letter, if Required ❑Yes ❑No If required, submit letter from bonding company. Certifications, Awards and Business Licenses, if Applicable If 'Yes', Vendor must submit documentation for point credit. a. ISO Certification ❑Yes ❑No Vendor is certified by: b. Certifications for HUB, MWBE, VOSB, SBE, etc. ❑Yes ❑No Type of certification/awarding agency: Type of certification/awarding agency: NOTE: Some PCA Members have specific goals for use of HUBs, etc., and will require that a plan be submitted to meet their goals. C. Awards. List environmental, social or industry standards awards or recognition Vendor has received and provide a copy. ❑Yes ❑No d. Licenses. Provide a list of states and territories where Vendor is currently licensed. Attach additional page(s) if necessary. ❑Yes ❑No Distributors/Resellers Only: Manufacturer's Authorization, if Applicable ❑Yes ❑No Distributors/Resellers must submit manufacturer's letters. FORM M - REQUIRED VENDOR QUESTIONNAIRE Answer all the questions or fill in the blanks and upload. Page 38 of 52 COOP PCA OD-383-23 Traffic Control 54 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services 1 2 3 Company information. a. Company legal name, as it appears on the contract: b. Corporate address: street/city/state/zip code: Other company names (dba, associate, abbreviation, etc. and location info) C. Dun & Bradstreet number and rating: AND/OR Company's Unique Entity Identifier (UEI) issued by GSA for organizations doing business with the Federal government (used on SAM.gov): If a Dun & Bradstreet rating is not provided, the following financial information may be requested at any point during the procurement process, before or after contract award: (1) If public, Company's income statement, balance sheet, and cash flow statement for the latest audited year, OR (2) If private, Company's audited financial statements for the latest fiscal year available. Vendor agrees: ❑yes ❑No d. Federal tax identification (EIN) number: e. Brief description Vendor's products and/or services: f. Number of years company has been in the business activity described in this solicitation. PCA requires at least 2 years (company and/or principal officers) experience to be considered for a contract award. Vendor will provide principal officer's resume to supplement Company experience: g. Number of full-time employees: Which best describes Vendor: ❑ Manufacturer direct ❑ Manufacturer marketing through reseller ❑ Authorized distributor * ❑ Certified education/government reseller ❑ Value -add reseller * ❑ Other: *Must provide letters of authorization/certification from the manufacturer; see Form F. Check all states and territories where Vendor intends to pursue work (and may use a PCA contract, if awarded) —current and future. ❑ All States ❑ Alabama ❑ Kentucky ❑ Louisiana ❑ North Dakota ❑ Ohio Page 39 of 52 COOP PCA OD-383-23 Traffic Control 55 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services ❑ Alaska ❑ Maine ❑ Oklahoma ❑ Arizona ❑ Maryland ❑ Oregon ❑ Arkansas ❑ Massachusetts ❑ Pennsylvania ❑ California ❑ Michigan ❑ Rhode Island ❑ Colorado ❑ Minnesota ❑ South Carolina ❑ Connecticut ❑ Mississippi ❑ South Dakota ❑ Delaware ❑ Missouri ❑ Tennessee ❑ Florida ❑ Montana ❑ Texas - see below also ❑ Georgia ❑ Nebraska ❑ Utah ❑ Hawaii ❑ Nevada ❑ Vermont ❑ Idaho ❑ New Hampshire ❑ Virginia ❑ Illinois ❑ New Jersey ❑ Washington ❑ Indiana ❑ New Mexico ❑ West Virginia ❑ Iowa ❑ New York ❑ Wisconsin ❑ Kansas ❑ North Carolina ❑ Wyoming ❑ District: Washington D.C. ❑ All U.S. Territories ❑ Guam ❑ Puerto Rico ❑ American Samoa ❑ Midway Islands ❑ U.S. Virgin Islands ❑ Fed. States of ❑ Northern Mariana Micronesia Islands USMCA ❑ Canada ❑ Mexico Texas Education Service Center Area Map (see below) ❑ All ESCs ❑ ESC 7 ❑ ESC 1 ❑ ESC 8 ❑ ESC 2 ❑ ESC 9 ❑ ESC 3 ❑ ESC 10 ❑ ESC 4 ❑ ESC 11 ❑ ESC 5 ❑ ESC 12 ❑ ESC 6 ❑ ESC 13 ❑ ESC 14 ❑ ESC 15 ❑ ESC 16 ❑ ESC 17 ❑ ESC 18 ❑ ESC 19 ❑ ESC 20 Page 40 of 52 COOP PCA OD-383-23 Traffic Control 56 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services Texas Education Service Center Area Map Special Noticing Requirements of Other States Lists of political subdivisions and local governments eligible to register with PCA, and access the contract award made pursuant to this solicitation, in the above referenced states/districts may be found at htti3s://www.usa.Rov/state-tribal-eovernments. 4. References. Provide references from at least 3 customers, preferably public sector entities, that Vendor has provided services to within the last 2 years. Attach additional page(s) if you wish to provide additional references. ❑ Check here if Vendor prefers to supply 3 current reference letters from public sector customers on letterhead including contact information. Attach the list. PCA reserves the right to check the references and will not be held responsible for references that will not respond after two (2) attempts by phone or email. (1) Reference 1 Contact Name: Company: Address: Phone numbers: Email: (2) Reference 2 Contact Name: Company: Address: Phone numbers: Email: Page 41 of 52 COOP PCA OD-383-23 Traffic Control 57 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services 5 0 (3) Reference 3 Contact Name: Company: Address: Phone number: Email: Corporate Resources and Commitment CONSTRUCTION -TYPE PROJECTS ONLY/JOC If Not Applicable, initial here This is an important indicator of the Company's commitment and ultimate success. Vendor, check 'Yes' or 'No' for each statement: a) A corporate officer been assigned to the program. ❑Yes ❑No b) Company understands the requirement for prompt payment of subcontractors. ❑Yes ❑No c) Vendor has business processes and a corporate officer assigned to this program that comply with the contract. ❑Yes ❑No d) Vendor has committed people and resources to this program for continuity. ❑Yes ❑No e) Corporate acknowledges PCA Member's right to propose changes in key personnel and/or personnel for any reason? ❑Yes ❑No Cooperative contracts currently held by Vendor. ❑ Check here, if none. Provide co-op name, discount offered, and contract expiration date: 7. Company Contact Information. Vendor must keep this information up-to-date throughout the term of a contract when awarded. Email pcamerica(@r)camerica.org with changes as they occur. a. ADMINISTRATIVE SUPPORT SERVICES. Responsible for monthly reporting, payment of administrative fees, website updates, etc.: Name: Title: Address if different than Corporate: City/State/Zip: Office Phone: Cell: E-mail: Page 42 of 52 COOP PCA OD-383-23 Traffic Control 58 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services b. SALES AND MARKETING CONTACT. Responsible for sales/marketing to PCA Members: Name: Title: Address if different than Corporate: City/State/Zip: Office Phone: Cell: E-mail: C. CONTRACT MANAGEMENT. This contact person will be responsible for: • Acting as liaison/contact with Purchasing Cooperative of America • Receiving the award packet or non -award letter • Distributing the content throughout the Company, as necessary Name: Title: Address if different than Corporate: City/State/Zip: Office Phone: Cell: E-mail: 8. If awarded a contract, Vendor would participate in an orientation session. ❑Yes ❑No Contact name/title: Contact phone and email: 9. Your feedback will be very much appreciated: a. How did you hear about PCA: b. How did you hear about this solicitation: C. Ease of understanding instructions for response: d. Amount of time it took to prepare a response: e. Would you like to be contacted by PCA? Contact name and information: To find future PCA solicitations, go to www.pcamerica.org Thank you. Page 43 of 52 COOP PCA OD-383-23 Traffic Control 59 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services FORM M COMPANY LOGO - REQUIRED Instructions. Upload in Step 4 in Bonfire. Required for all submittals. Submit in .jpeg png OR jpg format. Page 44 of 52 COOP PCA OD-383-23 Traffic Control 60 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services SECTION 5-SCOPE AND SPECIFICATIONS SCOPE It is the intent of Awarding Agency/Purchasing Cooperative of America (PCA) to establish a contract with one or more vendors to furnish and/or deliver products and services related to Traffic Control, Road Safety & Related Products and Services on behalf of PCA Members, present and future, meeting the selection criteria for Texas and other states with similar laws. Vendors are requested to offer the total line of available products and services that are commonly purchased by government agencies and educational institutions. The scope of this contract excludes the cost for labor not otherwise included in product and/or maintenance costs. This is an IDIQ solicitation (Indefinite Delivery Indefinite Quantity) and not for a specific job or project. This is a competitive procurement process to qualify awarded contractors for future projects to be determined directly between PCA Members and PCA Awarded Contractor. Any reference to requirements for specific projects should be construed as suggestions for response. Awarding Agency/PCA is seeking to contract on a local, regional, statewide or national basis with vendors with the requested experience and qualifications. Vendor will meet the compliance requirements for working with public sector entities including, but not limited to, local, state, special districts, and federal government agencies, hospitals, law enforcement agencies and courts, community public sport association facilities; educational institutions including K-12, public, private, charter schools, etc. and higher education including junior college systems and universities, etc.; as well as non -taxed non-profit organizations and religious institutions. Vendor may elect to limit their proposals to products only, a single service within one of the categories, or multiple services in any or all categories. PCA also requests any 'Value -Add' commodities or services adjunct to this solicitation that Vendor can provide. Types of products for the scope of this RFP include, but are not limited to: • Stationary and Portable Traffic Lights • Emergency Traffic Control Requirements • Construction Related Requirements • Generators and Batteries • Traffic Cones and Directional Requirements • Barricades • Highway and Other Road Signs • Product Maintenance and Repair Services • Traffic and Safety Consulting and/or Engineering • Related Management Services NIGP Codes Include, but are not limited to: 75000: road and highway building materials (not asphaltic) 75500: road and highway equipment and parts 55000: markers, plaques and traffic control devices 91894: traffic consulting Page 45 of 52 COOP PCA OD-383-23 Traffic Control 61 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services 91892: urban planning consulting 91893: security/safety consulting 92593: traffic and transportation engineering 93685: traffic counting devices, maintenance and repair 93686: traffic control devices, maintenance and repair 95890: traffic safety program management services 96880-96885: traffic signals and signs List your suggested NIGP code(s) for consideration here: PCA recognizes that single or ongoing installation and maintenance may be part of Vendor's response, if offered. Available services should be described in Vendor's response. SPECIFICATIONS Compliance with Laws Vendor, his agents and employees, shall comply with all laws, ordinances, rules and regulations of the State, County, and the City of the PCA Member, and all governing bodies having jurisdiction applying to work done or to be done under these specifications. Products and Services Vendors are requested to offer their full line of available products that are commonly purchasing by public sector entities. Vendors are encouraged to offer any product or service that they currently perform in their normal course of business. Vendor shall detail skills, knowledge, capabilities, experience, financial stability, available human and physical resources, historical background, past and present performance and licenses to perform and do business with PCA members. It is the responsibility of dealers or distributors or manufacturer's representative submitting a response to this RFP for products listed herein to include the following with their proposal: • If Vendor is a re -seller, Vendor must be approved by a manufacturer to sell the brand of products submitted by supplying manufacturer's authorization letters, and include the regions the vendor is authorized to sell their product. • Manufacturer and licensed manufacturer's distributor/representative may sub- contract projects to licensed applicators/installers. • If Vendor will provide design services to PCA Members, they must provide evidence that Vendor is qualified and experienced to assess existing conditions and develop and submit manufacturer acceptable solutions for the product lines offered. If applicable, provide the certification. • Vendor must provide evidence that they have a good track record with the products they represent. • Vendor must provide training or instructions to the PCA Member, if requested. Page 46 of 52 COOP PCA OD-383-23 Traffic Control 62 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services 'Value Add' PCA encourages Vendor to offer all 'Value Add' products/services that are adjunct to this solicitation. These services may include, but are not limited to: • Providing expert advice/consultation. • Bundling and packaging desirable packages, purchasing levels and a series of added benefits that are significant in value and are, themselves, a whole lot more valuable than simply the product is by itself. • Service levels to differentiate yourself not only by providing a higher level of service but by adding different levels of service based upon someone's size, frequency or amount of purchase. For example, you may want to have gold or platinum or silver levels of service that people qualify for, are willing to pay for, and receive when they do business with you. • Frequent buyer programs. • Transition and education teams to help them to be better able to utilize the products or services that you sell them. • Recognition and reward levels to clients or customers based upon their ability to utilize your product/service, maximize its potential, buy certain levels from you, etc. • Training. • Dedicated personnel to handle your customer's accounts personally. • Free or reduced -price delivery and/or set up charges. • Related components or parts or services. • Products/services that are adjunct the contract. VENDOR RESPONSE NOTE: Respond with the requested information. Instructions are in red. 1. Company Profile. Required. a. Provide a brief company history and organizational summary. b. Include brief biographical information regarding the personnel who would be directly responsible for the management and local supervision of projects under a PCA contract. C. Provide documentation of Vendor's safety record in performing similar services, including safety violations, assessments or citations issued by applicable governmental agencies in the past five (5) years. d. Performance Bond. If required. 2. Products/Services. Required. a. Discuss whether Vendor will be (1) offering products only; (2) offering products and services; or offering services only. b. Confirm that the products/services proposed meet the intent of the solicitation. C. Describe products/services Vendor is offering to provide PCA Members. Vendors are requested to offer their line of available products and services that are commonly purchased by public sector entities that they currently perform in their normal course of business. d. State if Vendor provides expert advice/consultation. Page 47 of 52 COOP PCA OD-383-23 Traffic Control 63 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services e. Discuss whether Vendor routinely uses or plans to use Subcontractor or perform all work as agreed to by PCA Member using his own equipment and personnel. f. Vendor agrees to advise PCA Member when work is expected to be hazardous to students, employees, the public and/or other workers. 3. Sample Project. Required. Provide a project completed for a public sector customer (desired). Do not identify the customer unless prior written approval has been obtained. Do not submit confidential information. Cover: a. Size of customer b. Sample user agreement/supplemental agreement/purchase order, if applicable. C. List of personnel used. d. Scope of work. e. Duration of the project. f. Overall cost. 4. Marketing Plan. Required. Show how Vendor plans to use the PCA contract to market its products/services. It could include sample handouts/flyers, lunch and learn programs, and conferences. 5. Training Program. If Not Applicable, initial here Describe program for training for PCA Member on equipment and operation, if applicable. Cost should be included in SECTION 6. 6. 'Value Add' Products and Services. If Not Applicable, initial here Describe 'Value Add' items Vendor can provide to PCA Members. Include specifications for each product/service listed and provide pricing in SECTION 6. Failure to include description and pricing may result in 'Value Add' items not being considered for or included in a contract award. 7. Detail Vendor Freight, Delivery, Inspection & Acceptance Policy and Capabilities. If Not Applicable, initial here All deliveries requiring Inspection and Acceptance shall be Freight Prepaid, F.O.B. Destination, Full Freight Allowed, Inside Delivery and shall be included in Vendor pricing unless otherwise clearly stated in writing in Vendor's proposal to PCA Member. Deliveries shall be made during PCA Member's business hours. Delivery NOTES: PCA suggests(DOES REQUIRE) free delivery. Charging for delivery is not an exception to this contract. Detail Vendor delivery practices/charges. a. State standard delivery charges b. Minimum order for free delivery C. State standard delivery timeframe d. Expedited delivery capabilities/charges PCA Member issuing the Purchase Order may request emergency delivery. Vendor must use its best efforts to comply with rush or emergency requested. However, if Vendor is unable to fulfill the emergency delivery request, PCA Member may procure its needs from alternative sources without penalty. 8. Warranty Information. If Not Applicable, initial here Page 48 of 52 COOP PCA OD-383-23 Traffic Control 64 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services a. State length of standard warranty on parts/equipment/materials. b. Length of standard warranty on installation/service. C. Does Vendor offer extended warranty or maintenance contract? Yes No If 'Yes', provide the cost as a separate line item on the Price List in SECTION 6. All products shall EITHER be NEW and free from defects OR refurbished as authorized by PCA Member. If defective or incorrect products are delivered, the PCA Member may make the determination, at its sole discretion, to return the products to Vendor at no cost to the PCA Member. Vendor agrees to pay all shipping and handling costs for return shipment. Vendor also shall be responsible for arranging the return of the defective or incorrect products. Page 49 of 52 COOP PCA OD-383-23 Traffic Control 65 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services SECTION 6 - PRICING Instructions: Fill in the blanks below and/or provide price lists or catalogs or online pricing. Vendor is encouraged to offer any and all products or services that they currently perform in their normal course of business. Vendor may offer products only or products and installation. Vendor should be clear and concise in the presentation. Pricing will include the PCA Administrative Fee ("Fee") of two percent (2%) to be included as part of overhead cost on delivery/purchase orders and invoices and not listed as a separate line item. The Fee will be calculated: 0.02 X (gross purchase order/contract amount LESS the specified pass -through amounts) Best Price Vendor will provide best pricing for PCA Members. PCA expects Vendor's response to include their Best Price offered all governmental, cooperative or retail customers. Additional discounts may be negotiated between the Vendor and Member as long as other Member agencies who meet the exact same criteria are offered an equal discount. The purchase order must reflect any additional discounts agreed upon. Bundling, if Applicable PCA contracts may be bundled by vendors holding other current PCA contracts (PCA Awarded Contractors) where it is allowed for the benefit of PCA Members. 'Value Add' Bundling and/or packaging desirable packages, purchasing levels and a series of added benefits that are significant in value are, in themselves, a whole lot more valuable than simply the product is by itself and may be offered as 'Value Add'. Signage may be a 'Value Add' product. Best and Final Offer PCA may request Vendor to submit a Best and Final Offer. Vendors must submit their Best and Final Offers in writing. EDGAR For jurisdictions (primarily K-12) requiring EDGAR, price validation may use the non -pre -priced method for validation and inclusion into the cost books. The number of line items being validated may vary and left up to the PCA Member and Vendor to agree upon. Craftsman welcomes this approach and will use this to update their cost books. PCA Member Discount Offer Vendor may offer percent off catalog or price list for products/services: Products Services Discount: Discount: Page 50 of 52 COOP PCA OD-383-23 Traffic Control 66 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services OR Price Lists, Catalogs or Online Pricing Offer If Price Lists are used, present the PCA Member discount from your published standard price list for products, consulting rates, installation, delivery costs (if not already included in the product price) and any other costs. Provide a full description and pricing for 'Value Add' items that are to be considered for award. Also include explanations, procedures, or clarifications of pricing policies including volume price discounts and submit in a format that is easily understood. If catalogs are used, be cognizant of Bonfire's space limitations. If online pricing is used, provide necessary URL, login and password information to access the catalog/pricing. Pricing will be re -verified by PCA Member with Vendor. PCA may be contacted to review proposed and amended pricing. Delivery, If Applicable Please state fully your delivery terms and conditions including: a. Minimum order for free delivery b. Carriers, own trucks or common carrier (FedEx, UPS, USPS, etc.) C. Delivery time and fill rate PCA Contract Reference on Member Purchase Order and Vendor Invoice PCA Members will require a purchase order, a contract, supplemental contract, or other form to be completed to use Vendor's PCA awarded contract. Instruct your customer/PCA Member to refer to "PCA #OD-383-23 Traffic Control, Road Safety & Related Products and Services" on the purchase/job/work order or other form. This information is the PCA Member's purchase justification, keeps them compliant with state and local purchasing policies, and assists the PCA Member with their periodic audits. Likewise, Vendor will reference "PCA _#OD-383-23 Traffic Control, Road Safety & Related Products and Services" on the quote and invoice or other form. PCA Price Adjustment Policy Contract amendment discounts must be commensurate with the original discount offered. PCA must be given sufficient time to review the request. The contract amendment request letter format is available from PCA Vendor's letter should include: • Signature by company principal on company letterhead • Contract number and title • Product/service description • Justification/explanation • Contact information, and • Pricing/price list (may be an attachment) NEW PRODUCTS/SERVICES can be added to Vendor's contract as they become available; they must meet contract specifications. New products/services cannot be purchased under this contract until PCA has reviewed Vendor's request and accepted and executed a contract amendment. If new product line is Page 51 of 52 COOP PCA OD-383-23 Traffic Control 67 of 71 PURCHASING COOPERATIVE OF AMERICA RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services proposed, Vendor must submit a manufacturer's authorization letter. PRICE DECREASES are accepted for existing products/services at any time during the contract term. PRICE INCREASE requests must be tied to a market indicator such as the Cost Price Index (CPI) or Consumer Cost Index (CCI) or an equivalent justification. UPDATED AND NEW MODULE ADDITIONS (if applicable) may be accepted for existing products at any time during the contract term. Changes may be made to update or replace original contracted modules. New modules providing additional capabilities may be added as long as the discount offered is the same as the PCA discount from the published schedule. Page 52 of 52 COOP PCA OD-383-23 Traffic Control 68 of 71 EXHIBIT C CONFLICT OF INTEREST DISCLOSURE REQUIREMENT 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 Forms 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 City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.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 City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. COOP PCA OD-383-23 Traffic Control 69 of 71 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business wlth local governmental entity This quemionnaim reflects changes made io the law by H.B. 23, e4ih Leg., Regular Session. OFFICEUSEONLY This questionnaire is being liled in accordance with Chapter 176, Local Government Code, by a verrdor who Dal peosemd has a business relationship as defined by Section 176-Ooi(1-al with a local governmental entity and the vendor meets requirements under Section 176.006fa1- fay law this questionnaire must be liled with the records administrator of the local governmental entity not later than the 71h business day after the date the vendor becomes aware of fads that require the statement to be filed. See Section 176.006(a-1j, Local Gorvemment Code. A vendor commits an Dlfgnse if the vendor knowingly viDlates Section 176.006, Loral Government Code- An ofianse under this section is a misdemeanor. J Name of vendor who has a business relationshipwith local governmental entity, N/A Check th is box it you are filing an update to a previously fi led q uestionnai re. (The law requires that you file an updated cam pleted questionnaire with the appropriate filing authority not Eater than the 7th business day after the date on wh irh you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government otficaraboui whom the inforrnadon is being disclosed. Name of Officer 11 Describe each employment or other business relationship with the local government officer, or a tomity member of the officer.asdescrihedbySectionl76.443(a)(2)(A). Also describe any family relationship with the local govemrnentoff icer. Complete subparts A and B ior each employment or business relationship described. Attach additional pages to this Farm CIO as necessary. A_ Is the local goVernment officer or a family member of the officer receiwing or likely to ro3caiwe taxable income, other than investment income, from the vendor? Yes =No B- Is theverrdor receiving or likely to receive taxable income, other than investment income, from or of the direetion of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes =No Deseribeeach employment or business relationship that thevendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves asan officer-ordirector, or holds an ownership interest of one percent or more. J ❑ Check this boot if the Vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.00d(a)(2)(B). excluding guts described in Section 176-003(a-1 ). 07/24/2023 Signature of vendor doing business" rnmenial entity Um Form provided by Texas Elhics Commission wrrw.ethics.state.Ix. us Revised 111=11 COOP PCA OD-383-23 Traffic Control 70 of 71 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Gavemment Cade maybe found at hrtp l www. stakdes_legis.state.tx_us+ Docs+L +htrNLG_ 17B.tOm. For easy reference, below are some of the sections cited on this farm. Local Government Code lr 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not incl ude a con nection based on: (A) atransaction 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 exam i nation by, and reporting to. that agency. Local Gavemment Cade § 176.DD3(a)f2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statementwith respect to avendor if: (2) thevendor: (A) has an em ployment or other business rel ation sh ip 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 irnrestmend income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) acontract between the local governmental entity and vendor has been executed; or (i i) the local governmental entity is considering entering into a contract with the (B) has given to the localgovernment officer orafamily memberofthe off icerone ormore gitis 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 govern menial entity and vendor has been executed; or (i i) the local governmental entity is considering entering into a contract with the vendor_ Loca l Government Code § 176.O1]6(a) and (a-1I (a) A vendor shal I file a completed confI ict of i nterest questio nnaire 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 fam ily member of the officer, descri bed by Section 176.00 (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 val ue specified by Section 176.003(a)(2KB), excludi ng ary gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local govemmental entity_ {a-1) The completed conflict of interest questionnaire must be filedwith 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 ender into a contract with dhe Iocal governmental entity; or (B) subm its 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 mare gifts described by Subsection (a); or (G) of a family relationsh ip with a local government officer_ Form provided by Texas Ethics Commission www.ethics.state.tx.us ReOsed 111 2021 COOP PCA OD-383-23 Traffic Control 71 of 71 M&C Review Page 1 of 2 CITY COUNCIL AGENDA Create New From This M&C DATE: 6/27/2023 REFERENCE **M&C 23- NO.: 0587 Official site of the City of Fort Worth, Texas Fo RTC �' 13PCOOP PCA OD-383-23 LOG NAME: TRAFFIC CONTROL & RELATED PRODUCTS EC TPW CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with Trastar, Inc. Using Purchasing Cooperative of America Contract No. OD-383-23 For Traffic Control, Road Safety and Related Products and Services for an Annual Amount Up to $1,000,000.00 and Authorize Four, One -Year Renewal Options for Up to $1,250,000.00 for Renewal 1, $1,562,500.00 for Renewal 2, $1,953,125.00 for Renewal 3 and $2,441,407.00 for Renewal 4 for the Transportation and Public Works Department RECOMMENDATION: It is recommended that the City Council authorize execution of an agreement with Trastar, Inc., using Purchasing Cooperative of America Contract No. OD-383-23 for Traffic Control, Road Safety and Related Products and Services in an annual amount up to $1,000,000.00 and authorize four one-year renewal options in an annual amount up to $1,250,000.00 for renewal 1, $1,562,500.00 for renewal 2, $1,953,125.00 for renewal 3 and $2,441,407.00 for renewal 4 for the Transportation and Public Works Department. DISCUSSION: The Transportation and Public Works Department (TPW) approached the Purchasing Division to finalize an annual agreement with Trastar, Inc., under Purchasing Cooperative of America OD-383- 23 Traffic Control, Road Safety and Related Products and Services on an as -needed basis. This cooperative agreement has a term through April 11, 2028. The Transportation and Public Works Department will use the agreement with Trastar, Inc. for the purchase of street lights and other similar equipment for City projects. The annual amount allowed under this agreement will be up to $1,000,000.00, for the first term and rising by 25\% in each of the four renewals, if exercised. However, the actual amount used will be based on the need of the department and the available budget. Funding is budgeted in the TPW Dept Highway & Street Department's General Capital Projects Fund for the purpose of funding the FY 23 PayGo MMA and Street Poles project, as appropriated. State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. Purchasing Cooperative of America contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. ADMINISTRATIVE CHANGE ORDERS - In addition, 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. RENEWAL OPTIONS — The Agreement may be renewed in accordance with the terms and conditions of the Purchasing Cooperative of America contract No. OD-383-23 which has a term of April 12, 2023 through April 11, 2028. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. COOP PCA OD-383-23 Traffic Control 72 of 73 http://apps.cfwnet.org/council_packet/mc review.asp?ID=31214&councildate=6/27/2023 6/24/2023 M&C Review Page 2 of 2 This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the FY 23 PayGo MMA & Steel Poles project to support the approval of the above recommendation and execution 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 I Department Account Project Program Activity Budget I Reference # I Amount ID ID Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) Submitted for Citv Manager's Office bv: Reginald Zeno (8517) William Johnson (5806) Originating Department Head: Reginald Zeno (8517) Lauren Prieur (6035) Additional Information Contact: Jo Gunn (8525) Eugene Chandler (2057) ATTACHMENTS 13PCOOP PCA OD-383-23 TRAFFIC CONTROL & RELATED PRODUCTS EC TPW funds availabilitv.pdf (CFW Internal) FORM 1295 COFW.pdf (CFW Internal) SAM Search.pdf (CFW Internal) TraStar FID Table.xlsx (CFW Internal) COOP PCA OD-383-23 Traffic Control 73 of 73 http://apps.cfwnet.org/council_packet/mc review.asp?ID=31214&councildate=6/27/2023 6/24/2023