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Item 06 Approval to Award RFP #22-004 Traffic Signal Management and Maintenance Term Contract, Including Pre-Event Federal Grant Funded Projects
ocoee florid° AGENDA ITEM COVER SHEET Meeting Date: July 19, 2022 Item #: Reviewed By: Contact Name: Joyce Tolbert Department Director: fiebecca Roberts Contact Number: 1516 City Manager: Robe r Subject: Award of RFP #22-004 Traffic Signal Management and Maintenanc erm Contract,L. Including Pre-Event Federal Grant Funded Projects Background Summary: In compliance with the City of Ocoee Purchasing Code Chapter 21 and the Code of Federal Regulations 2 C.F.R. Section 200.317-326, proposals were solicited from experienced contractors to provide emergency repair, planned maintenance and new installations of traffic lights, caution lights, school flashers, and roadway safety lighting throughout the City. This contract is also for any pre-event federal grant funded projects, such as through FEMA, FHWA, or other federal agency. Due to the projected workload, the City recommends award of this term contract to one (1) firm to perform the required services. The term contract of this contract will be for an initial one (1) year, with four (4) annual automatic renewals, and (1) 2-year optional renewal at the City's discretion. The RFP was advertised on April 24, 2022 and publicly opened on May 24, 2022. Two (2) proposals were received. The Public Works and Finance Departments reviewed the proposals and both were considered responsive. Complete copies of all responses are available in the Finance Department for your review. The two (2) responses were evaluated by the RFP Evaluation Committee, which was comprised of five (5) members appointed by the City Manager: Steve Krug, Public Works Director; Richard Campanale, City Engineer; Kiel Gajadhar, Assistant Public Works Director; Craig Smith, Public Works Traffic Technician; and Hseth Burch, Public Works Staff Engineer. The RFP evaluation committee meeting was held on June 21, 2022, with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria, please see the attached shortlist/evaluation form. The Evaluation Committee short-listed the following firms in ranked order, and recommends contracting with the top ranked firm, Traffic Engineering and Management, LLC dba Control Specialists, per the attached award recommendation from the Public Works Director. Control Specialists is also the City's current traffic signal contractor. Annual Mark-up for Parts Rank/Respondent Maintenance Cost 1. Traffic Engineering and Management, LLC dba $41,400.00 20`)/0 Control Specialists 2. Yunex, LLC $42,168.00 25% See the REP Checklist for other proposed service rates. Issue: Should the City Commission award the term contract for Traffic Signal Management and Maintenance Term Contract, including Pre-Event Federal Grant Funded Projects to Traffic Engineering and Management, LLC dba Control Specialists, as recommended by the Evaluation Committee? Recommendations: Staff recommends the City Commission award the term contract for RFP #22-004 Traffic Signal Management and Maintenance Term Contract, including Pre-Event Federal Grant Funded Projects to Traffic Engineering and Management, LLC dba Control Specialists, in the amount $41,400 for annual maintenance and for other hourly rates proposed for repairs and parts, and authorize the Mayor, City Clerk, and staff to execute all necessary contract documents; and issue purchase orders up to the budgeted amount each fiscal year for these services. Staff also recommends the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority, and up to the budgeted amount for these services each fiscal year. Attachments: 1. Award Recommendation from Public Works Director 2. Evaluation Form/Shortlist 3, RFP Checklist 4. Traffic Engineering & Management dba Control Specialists Proposal 5. Yunex Proposal 6. RFP #22-004 with Addenda #1 & #2 Financial Impact: The contract is adequately funded each fiscal year through the Public Works Department - Streets Division's annual budget. Type of Item: (please mark with an"x') O Public Hearing For Clerk's Dept Use 0 Ordinance First Reading 141 Consent Agenda O Ordinance Second Reading " 0 Public Hearing O Resolution 0 Regular Agenda E Commission Approval O Discussion&Direction LJ Original Document/Contract Attached for Execution by City Clerk IM Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 2 ocoee florida Rusty Johnson MEMORANDUM Ocoee Public works Team Mayor ift Commissioners Date: July 5, 2022 r Larry Brinson,Sr. • -ifj L-L• District 1 To: Joyce Tolbert, Procurement Manager ---- - Improving a great community Rosemary Wilsen District 2 From: Stephen C. Krug, P.E., Public Works Direct Richard Firstner District 3 RE: Contract Award Recommendation. George Oliver III District 4 RFP #22-004 Traffic Signal Management and Maintenance Term Contract City Manager Robert D.Frank Public Works recommends award of the Traffic Signal Management and Maintenance Term Contract, RFP #22-004, to Traffic Engineering and Management, doing business as Control Specialists, of Winter Park, Florida. The City received two (2) bids from interested contractors. The evaluation committee unanimously selected Control Specialists, a firm which has been in business since 1965 and has been successfully providing traffic signal management and maintenance for the City since 2009. Public Works has verified the pricing is in line with similar neighboring municipal contracts. The contract is adequately funded through the Public Works Department Streets Division. City of Ocoee•301 Maguire Road•Ocoee, Florida 34761 Phone: (407) 905-3170•www.ocoee.org RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS EVALUATION FARM/SHORTLIST Traffic Engineering and Management,LLC Respondent dba Control Specialists Yunex,LLC Evaluator 1 1 2 Evaluator 2 1 2 Evaluator 3 2 Evaluator 4 1 2 Evaluator 5 1 2 TOTAL.: 5,. 1.0. RANKING 1 2. Note:Lowest Total is Highest Ranking The Evaluation Committee recommends award to the top ranked firm,Traffic Engineering and Management LLC,dba Control Specialists. • Ev- b.• I V- RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT,INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS • INDIVIDUAL EVALUATION FORM • • individual Evaluation Form • Traffic Engineering and Management,LLC Evaluation Criteria ' dba Control Specialists Yunex,LLC Response Time:Response time to City's requests for routine and emergency calls. 1 P 1 1 (0-20 Points) Contractor's Resources: Number of certified techniCians and area of certification.Number , of emergency response Vehicles,. 1 / spare vehicles,specialized equipment etc. (0-25 Points) Price Proposal:Lump sum price proposal for scheduled e-2 maintenance.Service call rate for emergency service.Contractor i• mark-up on parts. (0-25 Points) Contractors qualifications and experience:Experience with similar service contracts.Overall experience of Contractor in traffic s signal maintenance and . installation.Active State license tf e(1; 1';•$)70 4,1,5 arid FOOT Prequalification. Contractor's references. (0-25 Points) Certified small or minority business,women's business enterprise,or labor surplus area firm. (0-5 Points) 5 • 0 TOTAL POINTS (0400'points) • -4 o t2) .• , ,• Member Ranking(1-2) r. • • V- Evaluator Name i-PCF-AJ (I. ti . • Evaluator Signature RFP.#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT,INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS. INDIVIDUAL EVALUATION FORM ElegAtCde Individual Evaluation Form Traffic Engineering and Management,LLC Evaluation Criteria dba Control Specialists Yunex,LLC Response Time:Response time to City's requests for routine and emergencycalls. (0-20 Points) 18 15. Contractor's Resources: Number of certified technicians and area of certification.Number of emergency response vehicles, spare vehicles,specialized equipment etc. (0.25 Points) 23 20 Price Proposal:Lump sum price proposal for scheduled maintenance.Service call rate for emergency service.Contractor mark-up on parts. (0-25 Points) 24 20 Contractors qualifications and ., experience:Experience with similar service contracts.Overall experience of Contractor in traffic signal maintenance and installation.Active State license and FOOT Prequalification. Contractor's references. (0-25 Points) 25 25 Certified small or minority business,women's business enterprise,or labor surplus area firm. (0-5 Points) . 5 0 TOTAL`POINTE (0400..points) _ 95 80 Member Ranking (1-2) F 1 2 Evaluator Namertar` .. 1:? > +7+ RFP#22-004 Aluder3 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT,INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS INDIVIDUAL EVALUATION FORM Individual Evaluation Form Traffic Engineering and Management,LLC Evaltration Criteria dba Control Specialists Yunex,LLC . . - Response Time:Response time to City's requests for rouline and , emergency calls. (0-20 Points) la 20 Contractor's Resources: Number of certified technicians and area of certification.Number of emergency response vehicles, , spare vehicles,specialized equipment etc. (0-25 Points) 25 15 Price Proposal:Lump sum price proposal for scheduled maintenance.Service call rate for emergency service.Contractor' mark-up on parts. (0-25 Points) 20 15 Contractors qualifications and experience:Experience with similar service contracts.Overall experience of Contractor In traffic , signal maintenance and installation.Active State license and FDOT Prequalificalion. Contractor's references. (0-25 Points) 20 25 Certified small or minority business,women's business enterprise,or labor surplus area firm. (0-5 Points) 5 0 TOTAL POINTS (0A00 points) .eo 75 Member Ranking (1-2) 1 2 Evaluator Name Mel at exelh 4 fre Evaluator Signature RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT,INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS INDIVIDUAL EVALUATION FORM Eva/lad-6r LI Individual Evaluation Form Traffic Engineering and Management,LIC Evaluation Criteria dba Control Specialists Yunex,LLC Response Time:Response time to City's requests for routine and emergency calls. calls. (0-20 Points) Contractor's Resources: Number of certified technicians and area of certification.Number of emergency response vehicles, go spare vehicles,specialized equipment etc. (0-25 Points) Price Proposal:Lump sum price proposal for scheduled 9 maintenance.Service call rate for ( () emergency service.Contractor mark-up on parts. (0-25 Points) Contractors qualifications and experience:Experience with similar service contracts.Overall experience of Contractor in traffic signal maintenance and installation.Active State license a6 and FDOT Prequalification. Contractors references. (0-25 Points) Certified small or minority business,women's business enterprise,or labor surplus area firm. (0-5 Points) 5 0 TOTAL POINTS (0-100 points) .5 0 Member Ranking (1-2) •S'.5 Le3 Evaluator Name Cfc4 CL( RFP#22-004 'gv&itifelor TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT,INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS INDIVIDUAL EVALUATION FORM Individual Evaluation Form Traffic Engineering and Management,LLC Evaluation Criteria dba Control Specialists Yunex,LLC Response Time:Response time to City's requests for routine and emergency calls. (e-go Points) • 12 16 Contractor's Resources: Number of certified technicians and area of certification.Number of emergency response vehicles, spare vehicles,specialized equipment etc. (0-26 Points) 20 20 •, Price Proposal:Lump sum price proposal for scheduled maintenance.Service call rate for emergency service.COntractor mark-up on parts. (0-26 Points) 2 24 20 Contractors qualifications and experience:Experience with i similar service contracts.Overall experience of Contractor in traffic signal maintenance and installation.Active State license and FOOT Prequalification. Contractor's references. (0-25 Points) 25 -25 Certified small or minority business,women's business enterprise,or labor surplus area firm. (0-5 Points) 5 0 TOTAL POINTS (0-100 ppints)-, 86 81 • ,[ Member Ranking(1-2) 2 . . Evaluator Name, .. c.c) Evaluator Signature _ • RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT,INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS CHECKLIST/TABULATION 5/24/22 2:00 P.M. Traffic Engineering and Management,LLC PROPOSER dba Control Specialists Yunex,LLC Acknowledge Addendum No.1 & 2 ✓ ✓ Bid Security$1,000 or 3 Years Active Sunbiz 7/5/2012 Bid Bond Company Info/Qualifications,Resources ✓ ✓ ' Sunbiz Verification ✓ ✓ FDOT Prequalification ✓ No,see explanation in proposal. Verified No Debarment or Suspension in SAM.gov ✓ ✓ Certified M/WBE or SBA or Labor Surplus Area Firm Small Business FOOT Cert. N/A Exceptions N/A Yes,see exceptions in proposal. Summary of Litigation ✓ ✓ Subcontractor Listing ✓ ✓ Equipment Listing V ✓ References/Experience V ✓ Drug-Free Workplace Form ✓ V Public Entity Crimes Form ✓ ✓ Non-Segregated Facilities Form ✓ ✓ Scrutinized Companies'Lists Form ✓ ✓ Nondiscriminatory Labor Practices Form ✓ ✓ Non-Collusion Affidavit Form ✓ ✓ Byrd Anti-Lobbying Certification Form ✓ ✓ Conflict of Interest Disclosure Form ✓ ✓ Company Information/Signature Sheet ✓ ✓ PROPOSAL;FORM a „ Mark up for Parts 20% 25% Discount for Parts (blank) N/A Response Time During Business Hours 2 hours 1 hour Response Time During Non Business Hours 2 hours 2 hours Contractor Offers 24-hour Live Dispatch Yes Yes DESCRIPTION ESTD QTY. UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bucket Truck per hour 1 $165.00 $165.00 $33.0D $33.00 Lift Truck per hour 1 $165.00 $165.00 $33.00 $33.00 Auger/Crane Truck per hour 1 $190.00 $190.00 $240.00 $240.00 Service Vehicle per hour 1 $77.00 $77.00 $33.00 $33.00 Monthly Maintenance Lump Sum 1 $3,450.00 $3,450.00± $3,514.00 $3,514.00 Annual Maintenance Lump Sum 1 $41,400.00 $41,400.00 $42,168.00 $42,168.00 Service During Business Hours per man hour 1 $115.00 $115.00 $113.00 $113.00 Service During Non Business Hours per man hour 1 $135.00 $135.00 $134.00 $134.00 Regular Time Emergency Maintenance per man hour 1 $135.00 $135.00 $113.00 $113.00 Overtime Emergency Maintenance per man hour 1 $135.00 $135.00 $134.00 $134.00 New Equipment Installation per man hour 1 .r $135.00 $135.00 $113,00 $113.00 _ - - Traffic Engineering and Management, LLC . dba/Control Specialists • imm Construction, Service and Maintenance CITY OF OCOEE REQUEST FOR PROPOSALS RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS DUE TUESDAY, MAY 24, 2022 AT 2:00PM VIA MERCEL SOURCE-TO-CONTRACT 707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)628-1965-Fax:(407)628-1932 t.' Traffic Engineering and Management, LLC • dba/Control Specialists =Ea 0 Construction, Service and Maintenance May 24,2022 City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Re: Request for Proposals RFP#22-004 Traffic Signal Management and Maintenance Term Contract, Including Pre-Event Federal Grant Funded Projects Greetings, Traffic Engineering and Management,LLC d/b/a Control Specialists is pleased to present this proposal to the City of Ocoee to provide traffic signal management and maintenance services as well as special funded related projects. Our company has a wonderful history of providing this service to local government and agencies for many years. Although Control Specialists was founded in 1965, it began providing traffic signal maintenance and operations services to the City of Maitland in 1973. We are proud to share that we have continued to service Maitland, without interruption, for 49 continuous years.In 2012,we divided the company into two separate organizations with one to focus on field services,maintenance and installations which is Traffic Engineering and Management,LLC. The other company,Belden and Associates,LLC, sells various products in the traffic engineering industry. Some of their products are included on the Florida Department of Transportation's Approved Products List(APL). It has been our honor to have served the City of Ocoee as your traffic signal maintenance provider for the past thirteen years. We hope to have this same privilege with this contract as well. We are the only specialized FDOT pre-qualified contractor who provides preventative monthly reviews and reports, emergency response with two (2)hours,special installation repairs and new installations. Thank you for the opportunity to have served you and we look forward to continuing to serve in the future. Very tru yours, W.Bruce O'Doii ghue, CEO 707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)628-1965-Fax:(407)628-1932 Traffic Engineering and Management, LLC dba/Control Specialists 4.• Construction, Service and Maintenance CITY OF OCOEE RFP 22-004 SECTION I 707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)628-1965-Fax:(407)628-1932 Traffic Engineering and Management, LLC dba / Control Specialists 111110 Construction, Service and Maintenance COMPANY INFORMATION Company Name: Traffic Engineering and Management, LLC Address: 707 Nicolet Ave,Suite 100 City, State,Zip: Winter Park, FL 32789 Office Phone: 407-628-1965 Key Personnel: Allen LaShier Director of Maintenance Cell: (321)431-7098 Email: alashier@controlspecialists.com Zach Moody Senior Signal Technician Cell: (407)416-6941 Email: zach@controlspecialists.com Dave Elliott Construction Manager Cell: (407)448-1708 Email: dave@controlspecialists.com An after hours on-call maintenance technician is available to be reached through our main office phone system. Call (407)628-1965,select Option 9 and leave a call back number. The tech h will return the phone call and respond accordingly. Attached for reference: - FDOT Contractor Prequalification - FOOT BDI Small Business Registration 707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)628-1965-Fax:(407)628.1932 htto:\\www.controlspecialists.com | ' Traffic Engineering and Management, LLC � Personnel Certification Matrix . |' TS Level 1 T5Lv2Field TS Lv3Field T5 |nspector OSHA TTC-!nt TTC-Adv ' | AJ|enLsShier Exp1J/6/24 Exp1J/6/24 |ss3/13/15 Exp1O/26/24 � Dave Elliott Exp3/2S/J4 Exp6/78/2S / David Winnet±( Exp2/I9/23 Exp6/30/Z4 Doug Mills |s57/6/86 [ Garrett Malcolm Exp7/6/74 Exp1O/JG/24 Exp12/11/Z3 | Jeremy Sills E|s Exp4/8/%� Exp11/I1/Z� xp J/6723 ]mhmnarE Thomas ExpR/�l/24 E�p�/l6/�5 � E. -'- ' � i Juan Garcia ba4/9/18 � /. � ]uanTeUez ExpZ/19/23 Exp2/1g/23 Exp1D/26/34 ! . � kevinCopenhaver Exp 1/9/18 Upl2/11/23 Exp 3/25/24 |ss4/20/18 Exp12/11/23 Exp ' Mike Sturgeon Exp4/O/I3 Exp7/17/Z3 ` Ewp2/6/23 � 7/G/7 ' Robert Dean 8p2�/� �p _� ' Exp2/5/J] ' 3ergnoSagastumne _ � ThomeoGoldie 6xp9/7/24 Exp 6xp9/7/24 |ss S Gxp1/2D/26 | ZachK0uodv Esp3/25/22 Exp1/16/73 Exp7/17/23 Exn1/G/JS '. ' ^ � 5/23/2022 ( | ' | � FDOT Florida Department of Transportation RON DESANTIS 605 Suwannee Street KEVIN J.THIBAULT,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY June 10, 2021 TRAFFIC ENGINEERING AND MANAGEMENT, LLC 707 NICOLET AVENUE WINTER PARK, FLORIDA 32789 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2022. However, the new application is due 4/30/2022. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: COMPUTERIZED TRAFFIC CONTROL, ELECTRICAL WORK, INTELLIGENT TRANSPORTATION SYSTEMS, ROADWAY SIGNING, TRAFFIC SIGNAL You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3) , Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You. can find the link to this report at the website shown above. ,�(JJSincerelyy,r,�� 47 Gety, Alan Autry, Manager Contracts Administration Office AA:cg Improve Safety, Enhance Mobility,Inspire Innovation www.fdot.gov F CP C:11 Florida Department of Transportation Construction, Maintenance, and other Contractual Services Firms Small Businesses by Activity or Specialty Area Note: Please refer to the following link for professional services small businesses:https://www.fdot.gov/procurement/IntemetReportsshtm#qual Activities or Specialty Areas •. aTiTITTACITIIVS's 1..om-aureersitin me-pit-one -lso Number DBE (YIN) 'TRAFFIC ENGINEERING AND MANAGEM 707 Nicotet Ave.Suite 100A Winter Park FL Bruce O'Donoghou 47428-1965 N 32789 Nil:taiThis Small Business listing provides a list of firms that haVe.self-tartifreci that they meet the definition of a small business in accordance with secion 337.027;F.S;`ancl have completed the Small'BuSin*Affi*vit,Form i*27 -c907pi.The Small Business listing is•pMvidecl-fpr itfpnrnaticinal'Otirriose*-and jsinot intanitaifilb to:lisliNta an alknejtiSsi4 list of p:op!I'buirlsir,T4,4:ieogitTIOttlI5O.s,,pq,ro'gpo-nsibirlityfal#1e,1ofcrrrioion-selftcoriifloOby fifrOs,fri the Snitill ; 1 Business Affidavit Form.Small business flrnjs included on this list are required to annually submit a new Small Business AfOttivitiii'reinaifractive on the Small _ Listing on this report does not constitute Contractor Prequalification wish FDOT.Contractors who wish to become qualified with FDOT in construction work classes should go to htto://wwwidot.novicontracts/PreQuaUnfo/prequalified.shtm.To verily Contractor Prequalification,please visit igtosliktotwpt.dot.state.fLusicontractorprequalificationfoublictPreaualifiedVendorSearch.a . Counties of Interest ALACHUA,BRADFORD.BREVARD,CITRUS,CLAY,DUVAL,RAGLER,HERNANDO,HILLSBOROUGH,INDIAN RIVER,LAKE,MANATEE,MARION, iMARTIN,OKEECHOBEE,ORANGE,OSCEOLA,PASCO,PINELLAS,POLK,PUTNAM,SEMINOLE,ST.JOHNS,ST.LUCIE,SUMTER,VOLUSIA Report Run on 5I17/20221 Traffic Engineering and Management, LLC . . • dba/Control Specialists Construction, Service and Maintenance CITY OF OCOEE RFP 22-004 SECTION 2 707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)628-1965 Fax:(407)6284932 11I 1Traffic Engineering and Management, LLC dba / Control Specialists Construction, Service and Maintenance SERVICES AND HISTORY Traffic Engineering and Management is uniquely qualified for this contract because of its capability to offer our clients technical services,products, installation and maintenance in one single source solution. This allows our clients the opportunity to retain one point of contact for emergency response,problem solving and overall accountability. Traffic Engineering and Management has been servicing municipal governments and private clients in the area of traffic engineering, signs and signalization since 1972 beginning with the City of Maitland, Florida. Currently Traffic Engineering and Management manages over 300 signalized intersections in Florida. Every client receives immediate response for emergency calls,24 hours per day, 365 days per year. A planned maintenance is coordinated with the client's contract manager and a monthly on-site preventative maintenance program keeps emergencies to a minimum. Traffic Engineering and.Management's client list for traffic signal maintenance services currently includes: The Cities of Belle Isle, Bushnell,;Inglis,Maitland, Ocoee, Sumter County, and Winter Garden. We also maintain Central Florida Expressway Authority and Reedy Creek Improvement District. Private Florida clients include: Champions Gate,Lockheed Martin, Sumter Landing and The Villages. Traffic Engineering and Management is pre-qualified by the Department of Transportation in the categories of traffic signalization,roadway signage, computerized signal systems, highway lighting and intelligent transportation systems(ITS). We are also an FDOT Business Development Initiative (BDI) registered small business. Traffic Engineering and Management is an award winning company: Florida DOT: I Made A Difference Award 2006 Inter-Traffic Innovation Award in Amsterdam: finalist. Traffic Engineering and Management will provide practical solutions and project completion on time and within an agreed budget. Our knowledge and experience will protect and assure you of maximum results. We look forward to serving you. 707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789 -Ph:(407)628-1965-Fax:(407)628-1932 http:\\www.controlspecialists.com 20. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) See Attached 21. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. 1 Dated 5/17/2022 No. 2 Dated 5/23/2022 No. Dated 22. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL ID. NO./CONTACT PERSON/PHONE#: Not Applicable (Attach additional sheets if necessary) By submitting a proposal, the Respondent certifies that it has investigated any subcontractor/temporary worker agency listed and has received and has in the Respondent's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE!NCL PRE-EVENT FEDERAL 20 r•...- Traffic Engineering and Management, LLC i e I dba / Control Specialists Construction, Service and Maintenance Paragraph 20 SUMMARY OF LITIGATION There is only one case or claim against the company in the past five(5)years which is still under consideration. - Luz Rivera v. City of Edgewood and Traffic Engineering and Management, LLC. On October 20,2017,Ms. Rivera stepped onto a pull box located within the sidewalk. The top lid of the pull box broke as Ms. Rivera stepped on the pull box lid and she fell down and was hurt. Traffic Engineering and Management,LLC(TEAM,LLC)received a call from the City of Edgewood asking for our company to repair the damaged pull box lid which we did the very next day.Ms. Rivera filed a claim against the City of Edgewood,who then included TEAM,LLC into the claim because TEAM, LLC was the contractor for traffic signal maintenance and operations for the City of Edgewood. The pull box in question was used in the cable run associated with the traffic signal operation. TEAM, LLC has taken the position that the pull box in question was installed as part of a project through the Florida Department of Transportation(FDOT)many years ago. All the items including the pull box in question were approved by the FDOT and the installation was accepted by the FDOT.The City of Edgewood has a traffic signal maintenance agreement with the FDOT for the location in question. Because the pull box in question was poured into the sidewalk there is no way for TEAM,LLC to predict if or when the lid of the pull box in question would break when someone steps on top of it. Our position and that of our insurance company, CNA, is that TEAM,LLC should not be held accountable for this accident. 707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)628-1965-Fax:(407)62&1932 httptWwww.controlspecialists.corn 23. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 2017 Kia Soul ATSI PCMT-8000 Conflict Monitor Tester 2018 Chevrolet Silverado 1500 Controller Assembly and Testing Lab 2022 Ford F-550 Bucket Truck 2017 Dodge 4500 Bucket Truck 2006 Ford F-550 Rack Truck 2021 Freightliner Boom/Crane Truck 2015 Caterpillar 301.7DCR Mini Excavator 24. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR CONTRACTS: The Respondent shall provide at least three (3) separate references of previous contracts with similar scope of work within the past.five (5) years, preferably with a governmental agency. Respondent must demonstrate ability to perform services of similar complexity, nature, and size. For each previous contract, the Respondent must provide a description of the scope, its location, and a contact person willing and able to discuss the Respondent's performance for that contract. Letters of References may also be provided. Only contracts for which the Respondent was the prime contractor will be considered to be relevant. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELEPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT, ETC (attach additional sheets if necessary). See Attached Have you any similar work in progress at this time? Yes x No Length of time in business 9 years 11 months. Bank or other financial references: Commerce Bank&Trust,1202 S Orlando Ave,Winter Park,FL 32789(407)622-8181,Bank Manager-Pat Sideman Dun and Bradstreet - DUNS#01-515-1700 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 21 PROJECT REFERENCES Refenenme#1 Company/Agency: central Florida Expressway Authority Address: 4974 Tower Rd, Orlando, FL3Z8O7 Contact: Don Budnovich Phone 407-690-5335 Fax: E-mail: Dnne{d.Budnovich@cfxway.com Project: [FK Traffic Signal Maintenance Contract$: 279,056.42(1/21-12/21) Date Completed: On-Going Reference#2 Company/Agency: Sumter County Address: 318 Anderson Ave, Bushnell, FL3SS13 Contact: lackey Jackson Phone: 352-569'6700 Fax: E-mail: ]ackeyJocksun(@5umterCountyFLgov Project: Sumter County Traffic Signal Maintenance Contract$: 254,446.86(1/21'12/21) Date Completed: On-Going Refenenoe#3 Company Agency; Reedy Creek Improvement District Address: 19O0 Hotel Plaza Blvd,Lake Buena Vista,FL3283O-017O Contact: Kathryn P. 0z|bo, PE Phone: 407-828-5230 Fax: E-mail: kko|bo@oid.orp, Project: RCD Traffic Signal Maintenance Contract$: 247,576.17(1/21-12/21) Date Completed: On-Going Referemce#4 Company/Agency: City of Winter Garden Address: 3OOVV Plant St,Winter Garden, FL34787 Contact: Ion Williams Phone: 407-656-4111x2263 Fax: E-mail: jwiUiams@cwgdn.00nx Project: Winter Garden Traffic Signal Maintenance Contract .19.11312.77 (1/21' . 1) Date Completed: On-Going Reference#5 Company/Agency: Florida Dept nf Transportation, District S Address: 71QS Woodland Blvd,DeLand, FL]272Q Contact: Carlton Daley Phone: 321'319'8139 Fax: E-mail: car|ton.da|ey@dot.state.fi.us Project: Traffic Signal atCunY Ford Rdand ConvxayRd, FOOT Contract E5OAO Contract$: 1,242'436.58 Date Completed: KAar2021 � � Reference#6 Company/Agency: JR Davis Construction Co, Inc for FDOT(Brevard County) Address: 4356 Fortune PI,Suite B, Melbourne, FL 32904 Contact: Marc Goodman Phone: 407-870-0066 Fax: E-mail: marc.goodmanPir-davis.com Project: T5591-1-95 at Viera Blvd Interchange Contract$: 1,353,396.63 Date Completed: July 2019 • Traffic Engineering and Management, LLC • dba/Control Specialists =NW •I Construction, Service and Maintenance CITY OF OCOEE RFP 22-004 SECTION 3 707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)6284965-Fax:(407)6284932 EXHIBIT "B" PRICE PROPOSAL FORM (Page 1 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 1. The Contractor shall charge the prevailing rental rate to the City on all standard construction equipment.The following specialized traffic light equipment shall be charged to the lesser of the prevailing rental rate for the City or the following designated cost per hour: -4" Raipmar# 'Ilicau'elfrirtbQur . - Bucket Truck $ 165 Dollars 00 Cents Written amount: One Hundred Sixty-Five Dollars and Zero Cents Lift Truck $ 165 Dollars 00 Cents Written amount: One Hundred Sixty-Five Dollars and Zero Cents Auger/Crane Truck 190 Dollars 00 Cents- Written amount: One Hundred Ninety Dollars and Zero Cents(4 Hour Minimum) Service Vehicle $ 77 Dollars on Cents Written amount: Seventy-Seven Dollars and Zero Cents 2. Lump sum amount for monthly maintenance for all items listed on EXHIBIT C: ."; LolIar and gwila: ' $ 3,450 Dollars no Cents Written amount: Three Thousand Four Hundred Fifty Dollars and Zero Cents (continued next page) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 31 EXHIBIT "B" PRICE PROPOSAL FORM (Page 2 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 3. Lump sum amount for annual maintenance for all items listed on EXHIBIT C: (Bid Item number 2 amount multiplied by twelve (12) months). -Milar grtiti ° e $ 41,400 Dollars 00 Cents Written amount: Fourty-One Thousand Four Hundred Dollars and Zero Cents 4. Man-hour rate to be charged for service during business hours (Monday-Friday, 7:00 AM to 5:00 PM): and'Orrirts t- • 4 $ 115 Dollars 00 Cents Written amount: One Hundred Fifteen Dollars and Zero Cents 5. Man-hour rate to be charged for service during non-business hours & holidays: (After 5:00 PM and before 7:00 AM, including weekends and holidays): Dollar and,eon)s , $ 115 Dollars 00 Cents Written amount: One Hundred Thirty-Five Dollars and Zero Cents (continued next page) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 32 EXHIBIT "B" PRICE PROPOSAL FORM (Page 3 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 6. Man-hour rate per hour for regular time emergency maintenance (Monday-Friday, 7:00 AM to 5:00 PM): Do tar.E4:10;14i) $ 135 Dollars on Cents Written amount: One Hundred Thirty-Five Dollars and Zero Cents 7. Man-hour rate per hour for overtime emergency maintenance (After 5:00 PM and before 7:00 AM, including weekends and holidays): • arid eAts . -I" • „ $ 135 Dollars on Cents Written amount: One Hundred Thirty-Five Dollars and Zero Cents 8. Man-hour rate per hour for new equipment installation: Dollar-M&;10 " $ 135 Dollars no Cents Written amount One Hundred Thirty-Five Dollars and Zero Cents (continued next page) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 33 EXHIBIT "B" PRICE PROPOSAL FORM (Page 4 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 9. Mark-up or discount offered for parts: 20 % Mark-up or %Discount 10.a) Response Time for Service during business hours: 2hr Omin minutes/hours b) Response Time for Service during non-business hours: 2hr. Omirt minutes/hours 11.Contractor offers 24-hour live dispatch: X Yes No The City reserves the right to delete any portion of the bid items above in order to meet budget constraints. Traffic engineering and Managemeut, LLC Company Name Contractor's License Number W. Bruce°Donoghue Authorize Officer(print) Authoriz S'gna e *0445 074 Date RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 34 EXHIBIT "C" List of the Current Traffic Signal Locations RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 1. COLONIAL DRIVE (SR 50) @ MAGUIRE ROAD (CR 439) 2. COLONIAL DRIVE (SR 50) @ BLUFORD AVENUE 3. COLONIAL DRIVE (SR 50) @ BLACKWOOD AVENUE 4. COLONIAL DRIVE (SR SO) @ CLARKE ROAD/SR 408 RAMP 5. COLONIAL DRIVE (SR 50) @ WEST OAKS MALL ENTRANCE 6. FRANKLIN STREET (SR 438) @ SB SR 429 RAMP 7. FRANKLIN STREET (SR 438) @ NB SR 429 RAMP 8. FRANKLIN ST (SR 438) @ OCOEE-APOPKA, RD (S-R 437 /438) H.M. BOWNESS RD 9. SILVER STAR ROAD (SR 438) @ OCOEE-APOPKA ROAD (CR 437/SR 437) 10.SILVER STAR ROAD (SR 438) @ BLUFORD AVENUE 11.SILVER STAR ROAD(SR 438) @ CLARKE ROAD 12.OLD WINTER GARDEN ROAD@ PROFESSIONAL CENTER BLVD (EMERGENCY SIGNAL) 13.OLD WINTER GARDEN ROAD@ HEMPEL AVENUE 14.OLD WINTER GARDEN ROAD@ S. BLUFORD AVENUE 15.OLD WINTERGARDEN ROAD @ BLACKWOOD AVENUE 16.CLARKE ROAD@ WEST OAKS MALL DRIVEWAY—SOUTH 17.CLARKE ROAD@ WEST OAKS MALL DRIVEWAY- NORTH 18.CLARKE ROAD @ WHITE ROAD 19.BLUFORD AVENUE@ ORLANDO AVENUE (FS1 PREEMPTION) 20.BLUFORD AVENUE@ GENEVA STREET 21.BLUFORD AVENUE @ McKEY STREET 22.MAGUIRE ROAD@ GENEVA STREET/STORY ROAD 23.MAGUIRE ROAD@ WESMERE PARKWAY/WESMERE VILLAGE BLVD 24.MAGUIRE ROAD@ MOORE ROAD/ROBERSON ROAD 25.MAGUIRE RD@ PLANTATION GROVE SHOPPING CTR DRIVEWAY (FS3 EMERGENCY SIGNAL) 26.MAGUIRE ROAD@ TOMYN BLVD . 27.MAGUIRE ROAD @ OLDWINTERGARDEN ROAD 28.A.D. MIMS ROAD@ CLARKE ROAD (RR PREEMPTION) 29.SILVER STAR ROAD (SR 438) @ OCOEE HILLS ROAD 30.FULLERSCROSS ROAD @ OCOEE APOPKA ROAD RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 35 TrafficEngineering and fitManagement, LLC dba/Control Specialists MIMIC • ion Construction, Service and Maintenance CITY OF. OCOEE RFP 22-004 SECTION 4 707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)628.1965.Fax:(407)6284932 b/ZU/GL,.1.1:O/AIVI limit oy may Name DIVISION OF CORPORATIONS 1 j.DIVEIOM of .410, fic.org c.:,D.rst:PD R AT 1,C)I1,-7j vorteartioetli NI eirkli State of Floral welkin.,. papartment of State / Division of Corporations / Search Record a I Search by Entity Name/ Detail by Entity Name Florida Limited Liability Company TRAFFIC ENGINEERING AND MANAGEMENT,LLC Filing Information • Document Number L12000073345 FEI/EIN Number 45-5448578 Date Filed 06/01/2012 Effective Date 06/01/2012 State FL Status ACTIVE Principal Address 707 NICOLET AVENUE WINTER PARK, FL 32789 Mailing Address 707 NICOLET AVENUE WINTER PARK,FL 32789 Registered Agent Name&Address O'DONOGHUE,WILLIAM B 707 Nicoiet Avenue WINTER PARK, FL 32789 Name Changed:04/19/2017 Address Changed:04/19/2017 Authorized Person(s)Detail Name&Address Title President,Member Manager,CEO O'DONOGHUE,WILLIAM BRUCE 707 NICOLET AVENUE WINTER PARK, FL 32789 Title Secretary O'Donoghue, Leigh httne.//echarrh conhi,rwrillnrol lindrirsrmnrofirnta.re+FI/Qaart-hP.6.tIfrlat.oil/inr.oinchma=PntiistAl.rnes/trirrar tinnTursta.initiolLeaarrhtslamgartrrtelr-IT1711PIPIr` 1/9 I o,zulee,'i'i:or/4M uetaii oy tnnty Name 707 NICOLET AVENUE • WINTER PARK,FL 32789 Title Asst.Secretary Zirpoli,Tony • 707 NICOLET AVENUE WINTER PARK, FL 32789 Annual Reports • Report Year Filed Date 2020 • 04/30/2020 2021 03/15/2021 2022 04/21/2022 • Document Images - 04/21/2022—ANNUAL REPORT View image in PDF format 03/15/2 21•-ANNUAL REPORT View image in PDF format 04/30/2020—ANNUAL REPORT View image in PDF format 04/28/2019—ANNUAL REPORT View image in PDF format • ' 08/30/2018—AMENDED ANNUAL REPORT View image in PDF format l 03/10/2018—ANNUAL REPORT View image in PDF format 04/19/2017—ANNUAL REPORT View image in PDF format 04/09/2016—ANNUAL REPORT View image in PDF format • 04/28/2015—ANNUAL REPORT View image in PDF format 03/31/2014—ANNUAL REPORT View image in PDF format 04/18/2013--ANNUAL REP RT View image in PDF format 06/01/2012—Florida Limited Liability, View image in PDF format l loiioa tioNotroeni of it:r5v.4i'rvision of r-;rrmnr,awpr • httnc.//caorrh cunhiv nmlinrn.indr nrnnrafinnRoarrhlcaarrhRaciJtrtataii9innninrhmarGntihtAtamaRriirortinnnina.initi.IRcoarrhAlnmarirrtar-TPAPc!r` 7/7 { 2022 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT FILED DOCUMENT#L12000073345 Apr 21, 2022 Entity Name:TRAFFIC ENGINEERING AND MANAGEMENT, LLC Secretary of State 3732611737CC Current Principal Place of Business: 707 NICOLET AVENUE WINTER PARK FL 32789 Current Mailing Address: 707 NICOLET AVENUE WINTER PARK, FL 32789 FEI Number:45-5448578 Certificate of Status Desired: No Name and Address of Current Registered Agent: O'DONOGHUE,WILLIAM B 707 NICOLET AVENUE WINTER PARK FL 32789 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: WILLIAM B. O'DONOGHUE. 04/21/2022 Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title PRESIDENT,MEMBER MANAGER, Title SECRETARY CEO Name O'DONOGHUE,LEIGH Name O'DONOGHUE,WILLIAM BRUCE Address 707 NICOLET AVENUE Address 707 NICOLET AVENUE City-State-Zip: WINTER PARK FL 32789 City-State-Zip: WINTER PARK FL 32789 Title ASST.SECRETARY Name ZIRPOLI,TONY Address 707 NICOLET AVENUE City-State-Zip: WINTER PARK FL 32789 • • • I hereby certify that the information indicated on this report or supplemental report Is true end accurate and that my electronic signature shall have the same legal effect as if made under oath;that lam a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:WILLIAM -BRUCE O'DONOGHUE CEO 04/21/2022 • Electronic Signature of Signing Authorized Person(s)Detail Date 2021 FLORIDA-LIMITED LIABILITY COMPANYANNUAL REPORT FILED DOCUMENT#L12000073345 Mar 15, 2021 Entity Name:TRAFFIC ENGINEERING AND MANAGEMENT, LLC Secretary of State 5355135637CC Current Principal Place of Business: 707 NICOLET AVENUE WINTER PARK FL 32789 Current Mailing Address: 707 NICOLET AVENUE WINTER PARK, FL 32789 FEI Number:45-5448578 • Certificate of Status Desired: No • Name and Address of Current Registered Agent: O'DONOGHUE,WILLIAM B 707 NICOLET AVENUE WINTER PARK FL 32789 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: WILLIAM B.O'DONOGHUE 03115/2021 Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title PRESIDENT,MEMBER MANAGER, Title SECRETARY • CEO Name O'DONOGHUE,LEIGH Name O'DONOGHUE,WILLIAM BRUCE Address 707 NICOLET AVENUE Address 707 NICOLET AVENUE City-State-Zip: WINTER PARK FL 32789 City-State-Zip: WINTER PARK FL 32789 Title ASST.SECRETARY Name ZIRPOLI,TONY • Address 707 NICOLET AVENUE City-State-Zip: WINTER PARK FL 32789 t hereby certify that the Information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that lama managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:WILLIAM B O'DONOGHUE CEO . 03115/2021 Electronic Signature of Signing Authorized Person(s)Detail Date 2020 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT FILED DOCUMENT#L12000073345 Apr 30,'2020 Entity Name:TRAFFIC ENGINEERING AND MANAGEMENT, LLC Secretary of State Current Principal Place of Business: 5741647374CC 707 NICOLET AVENUE WINTER PARK FL 32789 Current Mailing Address: 707 NICOLET AVENUE WINTER PARK, FL 32789 FEI Number:45-5448578 Certificate of Status Desired: No Name and Address of Current Registered Agent: O'DONOGHUE,WiLLIAM B 707 NICOLET AVENUE WINTER PARK FL 32789 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: WILLIAM B. O'DONOGHUE 04/30/2020 Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title PRESIDENT,MEMBER MANAGER, Title SECRETARY CEO Name O'DONOGHUE,LEIGH Name O'DONOGHUE,WILLIAM BRUCE Address 707 NICOLET AVENUE Address 707 NICOLET AVENUE City-State-Zip: WINTER PARK FL 32789 City-State-Zip: WINTER PARK FL 32789 Title • ASST.SECRETARY Name ZIRPOLI,TONY Address 707 NICOLET AVENUE City-State-Zip: WINTER PARK FL 32789 hereby certify that the Information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect es it made under oath;that lam a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:WILLIAM BRUCE O'DONOGHUE CEO, PRESIDENT 04/30/2020 Electronic Signature of Signing Authorized Person(s)Detail Date 2019 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT FILED DOCUMENT#L12000073345 Apr 28,'2019" Entity Name:TRAFFIC ENGINEERING AND MANAGEMENT, LLC Secretary of State 8889697524CC Current Principal Place of Business: 707 NICOLET AVENUE WINTER PARK FL 32789 Current Mailing Address: 707 NICOLET AVENUE WINTER PARK, FL 32789 FEI Number:45-5448578 Certificate of Status Desired: No Name and Address of Current Registered Agent: • O'DONOGHUE,WILLIAM B • 707 NICOLET AVENUE WINTER PARK FL 32789 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: WILLIAM B.O'DONOGHUE 04128/2019 Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title PRESIDENT,MEMBER MANAGER, Title SECRETARY CEO Name O'DONOGHUE,LEIGH Name O'DONOGHUE,WILLIAM BRUCE Address 707 NICOLET AVENUE Address 707 NICOLET AVENUE City-State-Zip: WINTER PARK FL 32789 City-State-Zip: WINTER PARK FL 32789 Title ASST.SECRETARY Name ZIRPOLI,TONY Address 707 NICOLET AVENUE City-State-Zip: WINTER PARK FL 32789 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above.or on an attachment with all other like empowered. SIGNATURE:WILLIAM BRUCE O'DONOGHUE PRESIDENT, 04/28/2019 - Electronic Signature of Signing Authorized Person(s)Detail Date 20. SUMMARY OF LITIGATION: Provide.a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) See Attached 21. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. 1 Dated 5/17/2022 No. 2 Dated 5/23/2022 No. Dated 22. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: Not Applicable (Attach additional sheets if necessary) By submitting a proposal, the Respondent certifies that it has investigated any subcontractor/temporary worker agency listed and has received and has in the Respondent's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 20 Exhibit"L" RFP#22-004 COMPANY INFORMATION&SIGNATURE SHEET FAILURE TO COMPLY WITH THESE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE"SCOPE OF WORK/ FEE RATES PROPOSAL FORM" ARE ACCURATE AND WITHOUT COLLUSION. THE RESPONDENT FURTHER AGREES TO COMPLY WITH ALL FEDERAL REQUIREMENTS IN THE PERFORMANCE OF THIS CONTRACT. /VA-611.ratAM (qj d62e 1165 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) (40) ag-/932 FAX (INCLUDE AREA CODE) M80 QCtavitSe-eeActlf5-13.C-04{: E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT THORIZED SI ATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: 1/11LBrwil-D1Dancliwut-- eel) NAME/TITLE(PLEASE PRINT) 707/0cdriAresicie gitite la9-14 STREET ADDRESS VdiwAr): F2- F21,9 CITY STATE ZIP FEDERAL ID# Individual; k7 Corporation; Partnership; Other(Specify) Sworn to and subscribed before me this 20 day of Mety ,20 2'2, Personally Known \% or Produced Identification Ft) L L Notary Public-State of PC7C4County of Dray/ (Type of Identification) rov20 Adriana Arguello ature of Notary u 11 Notary Public , State of Florida fithOn0 iOrOLCULCD 0". . Comm#HH105246 E Expires 3/16/202t.. Printed,typed or stammsy Commissioned name of Notary Public RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 45 EXHIBIT"K" RFP CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants,or any.FEMA, FHWA, FDOT employee, who owns assets or capital stock, directly or indirectly,in the Respondent's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services,Respondent agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112,Florida Statutes, the term "conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management,instruction,research,or other professional activities. Please check one of the following statements and attach additional documentation if necessary: VTo the best of our knowledge,the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm,by attachment to this form,submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: tr� E ,.tcerirtj 4nCl 13l44 J 14C Firm Name,me /71G1/--"/ Signature 441 iism..grace-.0'.Dvny9 �tP Name and Title(Print or Type)-' 77I7 RV 2P22 Date RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 44 Exhibit I'D" DRUG-FREE WORKPLACE CERTIFICATION vxdh�k���8tmtutm287J]87hermbvoe��aothmt�hamadn�o- Thaundersigned B�d��inaocun]onVa --_^ � �~ fnae program. }n order to have o program, a business shall: that the unlawful: � distribution, 1. Publish � �t���e� notifying �mpk��e� manufacture, dispensing, possession, or use of a controlled substance is prohibited in the workplace and. specifying the actions that will be taken against employees,for violations of such prohibition. 2. Inform employs about the dangers of drug abuse in the workplace, themuminess'o policy of maintaining a drug-free workplace,and available drug counseling,rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees furdrug abuse violations. 3. Give each employee engaged in providing the commodities br contractual services that are ' under bid o copy of the statement specified in subsection(1). 4. \D the statement s in s4bse��ionM>.noth emp loyees auond�ionmtvvoh�DQ o0 the oommod(d'es or contractual services' � that are under bid,the employee will abide bvthe henno of the statement and,will notifyv-the employer ofany'cnnviction of, or pleas of guilty or mold oonbynoere to, any violation of Chapter 883 or of-any controlled substance law of the United States or any state,for a Violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on, or require the satisfactory dnugabuse assistance or rehabilitation program is such is available in the employee's community, by any employee who immoconvicted. Q. Make a good faith effort ho continue ho maintain m drug-free workplace Ulrouohimplementation of this section. As the person authorized b3 sign the statement, | certify that this firm complies fully with the mbovenaquipemnonhs. Bidder: Signature ! By: (Print o,Type Name) Title: CFO ` Date / r 3G R�����|CG����MsNT�D����U���T�� , � EXHIBIT"E" SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. Traffic Engineering and Management, LL(: 1. This sworn statement is submitted to City of Ocoee, Florida by (Entity) by W. Bruce O'Donoghue CEO (Print individual's Name&Title) whose business address is 707 Nicolet Av Suite 100, Winter Park, FL 32789 2. I understand that a"public entity crime"as defined in Paragraph 287.133(1)(g), Florida Statutes,means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including,but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud,theft,bribery,collusion,racketeering, conspiracy,or material representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding ofguilt or a conviction of a public entity crime,with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,as a-result of a jury verdict,non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an"affiliate" as defined in Paragraph 287.133(1)(a),.Florida Statutes,means: a. A predecessor or successor of a person convicted of a public entity crime: or. b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term"affiliate"includes those officers, directors,executives,partners,shareholders,employees,members,and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a"person"as defined in Paragraph 287.133(1)(e),Florida Statutes,means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity,or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees,members,and agents who are active in management of an entity. 6. Based on information and belief,the statement I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 37 1/. Neither the entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity,nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement,or one or more of the officers,directors,executives, partners, shareholders, employees, members, or agents who are active in management of the entity,or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement,or one or more of the officers,directors,executives, partners, shareholders, employees, members, or agents who are active in management of the entity,or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However,there has been a subsequent proceeding concerning the conviction before a Hearing Officer of the State of Florida,Division of Administrative Hearings. The final order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Please attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH /Amy Zo, 2 02 Z. . I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. e) Date: 05* Z ge, an igfrilettlivilLC- "Rame of Bidder(Contractor) STATE OF Pare4 COUNTY OF PERSONALLY APPEARED BEFORE ME,the undersigned authority, divoc• giwe /20:7he_ who,after first being sworn by me, (Name of Individual Si ng) affixed his/her signature in the place provided above on this ZO -- day of Nay ,202.7-- Notary Publi tiCcQ1Ena,CZ466.111.1.0___.= Adriana Arguello Notary Public My Commission xpires: 3/i 7_13Z-zi State of Florida • Comm#HH105246 CE Expires 3/16/2025 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 38 EXHIBIT"F" CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location,under this control,where segregated facilities are maintained.The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing. areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that(except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provisions of the Equal Opportunity clause,and that he will retain such certifications in his files. Governing Law: The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date �� ZD ,2022 7 &;iteeririf 4/41,414,/yeirten- G 1�.0 By: 1,' /�-/� (Title) Official Address (including Zip Code): 70? icol.- 4✓€rvit'-, cso-6 - /OCR- 4 Win tr V'arK 'L 32 89 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 39 EXHIBIT "G" Certification Regarding Scrutinized Companies' Lists The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List,not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List,or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has been engaged in business operations in Cuba or Syria. • efli,n÷11.6 Name of Respondent: diec 4n By: (Authorized Signature) Title: et-o Date: /n4/ 4'2O22- RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 40 EXHIBIT "H" CERTIFICATION OF NONDISCRIMINATORY LABOR PRACTICES This certification relates to a construction contract proposed by the City of Ocoee Equal Opportunity Employment: The Contractor shall not discriminate on the basis of race, color, national origin, gender, age, handicapped status, veteran status, and/or religion in performing the work governed by this contract. The City is an Equal Opportunity Employer (EOE)and as such encourages all contractors to comply with EOE regulations. Any subcontract the Contractor may enter into shall include this clause with the same degree of application being encouraged. I am the undersigned prospective construction contractor or subcontractor. I certify that: (1) I V have/ _ have not participated in a previous contract or subcontract subject to the Equal Opportunity Clause and (2) if I have particip ed in a previous contract or subcontract subject to the Equal Opportunity Clause, I have/ have not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I understand that, if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause and have failed to file all reports due under the applicable filing requirements, I am not eligible,and will not be eligible,to have my bid or offer considered,or to enter into the proposed contract or subcontract, unless and until I make an arrangement regarding such reports that is satisfactory to the office where the reports are required to be filed. I agree that I will obtain identical certifications from prospective lower-tier sub-contractors when I receive bids or offers or initiate negotiations for any lower-tier construction subcontracts with a price exceeding$10,000. I also agree that I will retain such ertifications in my . Date May20 ,20 22 By: .` (Signature of Autho ed Official) Tr '� Esgin.eeri a.,' rr.Man* 1.14 LL c (Name of Prospective Construction Contractor or Subcontractor) 7o7 det2/kAW4jK,"6. 09-A 14 cy ar,c FL v797 (Address of Prospective Construction Contractor or Subcontractor) 47)6za,gi c �.5.3'9037 (Telephone Number) (Employer Identification Number) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 41 EXHIBIT"I" NON-COLLUSION AFFIDAVIT STATE OF f/0r7dtt ) COUNTY OF Or4aje_. ) lNi 1 I;4nt Orblex-- O'DoA►floe._ ,being first duly swore deposes and says: 1. He(it)is the Ow r1' //�� (Owner,Partner,Of�e,Representative or Agent) of Ti,A .�n i+uer;►�o,.4n d 11.4artijsan.t.rt - I1.0 , the Bidder that has submitted the attached Bid; dJ 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers,partners,owners,agents,representatives, employees,or parties in interest,including this affidavit,have in any way,colluded,conspired,connived or agreed,directly or indirectly, with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted;or to refrains from bidding in connection with such Contract;or have in any manner,directly or indirectly,sought by agreement or collusion,or communication,or conference with any Bidder, firm,or person to fix the price or prices in the attached Bid or of any other Bidder,or to fix any overhead,profit, or cost elements of the Bid price or the Bid price in any other Bidder, or to secure through any collusion, conspiracy,connivance,or unlawful agreement any advantage against(Recipient),or any person interested in the proposed Contract; 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents,representatives,owners, employees or parties in interest,including this affidavit. By: Title: Cf kJ ,7.022 Sworn and subscribe to befoke me this Z day of"li'r ,298g,in the State of riffs dtL ,City of it/ixtee M'a. r— Notary Public My Commission Expires: V 1 7 0 Adriana Arguello � Notary Public �;�. State of Florida `"'�r Comm#HH105246 • E 9' Expires 3/16/2025 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 42 EXHIBIT"J" BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION The undersigned,[Company] riA- yituesi,auCl frittrllieMAkicertifies,to the best of his or her knowledge,that: " UA— L No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§ 1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor, [Company J .. 1Jpitifles or affirms the truthfulness and accuracy of each statement of its certifica on and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.§ 3801 et seq.,apply to this certification and disclosure,if any. _4(z_, Signature of Contract 's Authorized Official Wijiitift grim-danP cep Name and Title of Contracf(r7Zithorized Official eify 2t,Date RFP • RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 43 /�1 TRAFENG-01 DSMITH2 '4�� CERTIFICATE OF LIABILITY INSURANCE DATE(MMID°""'�" 6129/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ' • IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - PRODUCER 'CO ACT Hub International Florida PHONE . ... .._..... 1560 Orange Avenue (A/C,No,Est):(407)894-5431 FAX FAX g WC No)(407)629-6378 Suite 750 _MSS,Certificates.FLA@HubInternational.com Winter Park,FL 32789 INSURER(S)AFFORDING COVERAGE : NAIL# .INSURER A:Transportation Insurance Company , ,._ _ _-20494 _ _ _ INSURED INSURERS Continental Casualty Company. .,, .20443 Traffic Engineering and Management,LLC dba Control INSURER C:Continental-Insurance Company of New Jersey42625. Specialistsp..Y_., 707 Nicoiet Avenue,#100A NsURE.R_p._National•Fire Insurance Company,of Hartford 20478,,_, Winter Park,FL 32789 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD • INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE .ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP INSD WVO IMM/DD/YYYYI IMMIDD/YYYYI• LIMITS A X COMMERCIAL GENERAL LIABILITY FACti OCCURRENCE_.. $ 1,000,000 • CLAIMS-MADE X OCCUR X X 5086443726 • 7/1/2021 7/1/2022 DAMAGE TO RENTED 5 300,000 PREMISES(Ea occurrence) X Standard Contractual _ -5,00- MED.EXP(Any one person) S 5,000 PERSONAL&ADP INJURY $ 1,000,000 GENE AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 •• POLICY X ECT LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: B AUTOMOBILE LIABILITY S COMBINED SINGLE LIMIT 1,000,000 (Ea accident) S X ANY AUTO BUA 5086443712 7/1/2021 7/1/2022 BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S AUTOS ONLY AUTOS ONLDY PROPERTY acciident) CAGE S X H(IQ00A0Comp Ded x Rat Coll Ded PIP 5 10,000 C X SUMBRELLA LIAR X OCCUR EACH OCCURRENCE S 3,000,000 EXCESS LIAB CLAIMS-MADE 6014082886 7/1/2021 7/1/2022 AGGREGATE g 3,000,000 DED RETENTION5 0 Over GL,AL,EL 5 D AND EMPLOY EMPLOYERS'COMPENSATION LIABILITY X STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X WC586443743 7/1/2021 7/1/2022 E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBEREXCLUDED? N N/A1,000,000 (Mandatory n NH) E_L.DISEASE-EA EMPLOYEE S _ MAMAdescribe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 A Equip.Lease/Rent 5086443726 7/1/2021 7/1/2022 $25K each/Annual> 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additio m nal Remarks Schedule,may be attached if more space Is required) City of Ocoee is automatically included as Additional Insured,including completed operations,both Primary&Noncontributory terms apply,&Waiver of Subrogation applies on General Liability&Workers'Comp,when required in a written contract or agreement with the Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ocoee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 150 N.Lakeshore Drive Ocoee,FL 34761 AUTHORIZED �+REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i T P A F F I C> y /7 , Aild z'''''''''--.-- -- ---' -4,41",.. op 4C;) 0. :City of Ocoee, FL :REP #22-004 Traffic Signal Management and Maintenance Term Contract, Including Pre-Event Federal Grant Funded Projects Yunex LLC '.92=25 Bee Cave Rd., Bldg B, Ste 201 `Austin, TX 78733 yunextraffic.com/us/ YunexTiaffio Response I RFP22-0O4 Contents Section 1 —Company Information 2 Yunex Traffic Business and Location [information ' 2 State Electrical Contractor License Information 3 FD[D-Preq4a|ificahVO 4 Subcontractor Statement 4 Key Project Pmnoonne4 5 Field Services 5 Management and Support 6 Section 2—Company Experience 7 Description and Resources ofYunexTraffic 7 � Yunax Traffic Overview and History 7 YUDex Traffic History and Growth .........................................................................................1O Our Present 10 Yunax Traffic Legal Overview 11 YVDaXTraffic Project References 12 Equipment....................................................................................................... 15 YuneX Traffic Statement ofSuitability 16 Yuner Traffic Corporate/Divisional Focus and Competency 16 YuneX Traffic Goa|nbUdv 17 YVOexT[affic ---------------------------------- 17 YuOe%TG]ffic Locality 17 YunaxTnaffic/o Updated Project Management 17 Attachments &Exhibits 32 Customer letters Vf recommendation/reference........................................................ 22 Select Resumes 25 Response Exceptions . 31 Yuneu Traffic Standard Terms and Conditions 32 Signature Authority 38 Section 3—Price Proposal 41 Section 4—Other Required Content 46 1 Yunex Traffic Response i RFP 22-004 Section 1 — Company Information Yunex Traffic Business and Location Information Our Yunex Traffic US headquarters is located in Austin,TX and employs more than 200 people- engineers, developers, integrators, and support staff-all driving our traffic systems business. We also have technical staff in multiple field offices across the country to complete local projects and provide customer support. Siemens AG (Parent Company) Werner-von-Siemens-Str. 1 80333 Munich, Germany Office: +49 89 636-33443 Yunex Traffic Form of Ownership: LLC wholly owned by Siemens State of Incorporation: State of Delaware- February 2021. Years in Business: Siemens has been in business for over 180 years.We have been operating under the name Yunex Traffic, A Siemens Business for 10 months. Contact Information Yunex Traffic US Headquarters 9225 Bee Cave Rd, Bldg B, Ste 201, Austin, TX 78733 Office: (512) 837-8300 Fax: (512)421-6617 www.yunextraffic.com Southeast Region Office 6110 Parkway North Drive Unit B Cumming, GA 30040 Principal Contact Person Regarding Proposal Joshua M. Lippincott, Regional Operations Supervisor—Southeast joshua.lippincott@_vunextraffic.com (346)302-5160 Central Florida Field Office 5024 N. 56th Street Tampa, FL 33610 Primary Field Services Contact(Routine and Emergency) Matthew Nieves, Regional Field Supervisor mafthew.nieves@vunextraffic.com (813)652-7057 2 Yunex Traffic Response I RFP 22-004 State Electrical Contractor License Information Ron DeSantis,Governor Julie I.Brriviri,Secretary ° ' Floti a I dr)r STATE OF FLORIDA 1 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS-LICENSING BOARD 11;c_Kit 6271-1 THE ELECTRIcAL u.ON1RINCTOPUHEIItEIDEIS CERTIFIED UNDER THE 45' , "Vz-zre _ - PROVISIONSOFCHATTE117.409-i-FrPROASTATUTES if el-cV I , I • LATcliEN$MIICHAEL ti 1,` * q.P„:;.".4 LICti4gatirKol0EICE4300`0-729 EXPIRATION DATE-ill:61/ST 31,2022 - Always verIfy licenses Online at MyFlorldalkense.Com I I I I o Do not alter this document in any form. I I • This is your license.It is unlawful for anyone other than the licensee to use this document. I Ot4, la All /I Ai LICENSEE DETAILS 3:09:22 AM 5,11992022 Licensee Information Name: HUTCHENS,MICHAEL(primary Name YUNEX LLC MBA!tame) idein Address: 4252 VAN BUREN STREET CHINO California 91710 County: OUT OF STATE License Location: 9225 BEE CAVE ROAD B STE 201 AUSTIN TX 70733 County: OUT OF STATE License Information License Type: Certified Electrical.COntractor Rank: Cert Electrical License Number: EC13008729 Status: CurrentActive Licensure Date: 1111912018 Expires: 08i3112022 3 Yunnx Traffic Response IRFP22'UU4 FDOT PMequa]ificatio0 Due to Yumex LLC's corporate organization as awholly owned subsidiary of Siemens AG, we have not previously been able to comply with the specific financial statement requirements for praqua||fioabonomonFOOTcontractor. Yunex LLC is currently in the process of being acquired by a new owner (Atlantia) and, as part of the acquisition proness, audited financial statements are being prepared which will o||ovv Yunex to meet the financial statement requirements and apply for FDOT prequalification, which vve fully intend to pursue oa soon nopossible. . We are fully confident in Yunex LLC's ability to gain FDOT prequalification once appropriate financial statements have been generated. Ae evidence of our corporate experience and capability in the Traffic 8en/ioam industry in the neg|on, we point to our current.Georgia Department of Transportation Prequalification which can be provided upon request, or verified at the following xvebs|ha: hftpa:8biUv/3LaƒohW1 Additionally, Yunex LLC submits that the scope of work as described in this solicitation falls below the general threshold requirement for FO[D- pnaqua|ificotion. Ao described on the FO[}T Contractor Pnaquo|ificaUonvvebe|te (hftps:/hxxmxv.fdot.gov/contraota/onaquo|- info/pnaqua|ifi8d.ahton): Prequalificati / on@Bnot required for the following: 1'To bid as a prime contractor on p ������ 000 or less � 2.To bid as a subcontractor in any amount � � 3'To bid on buildings(A general contractor's license is required ' for this ry�� �f project)— � ^ , . � 4.To bid on maintenance contracts � Subcontractor Statement Yunex LLC does not intend-to utilize subcontractors during the execution of the scope of,work eo described in this solicitation. However, should the itvof Ocoee assign work which requires the use ofo subcontractor, approval will besought and gainedfrunn appropriate City authority before employing said subcontractor. 4 Yunax Traffic Response IRFp22-OO4 Key Project Personnel Field Services ° Resumes and certifications can be found in listed exhibits stthe end of this document Regional Operations Supervisor, Southeast US: Joshua Lippincott Josh is on Operations and Project Manager with more than 25�yaany' 'onma developing and controlling customer-focused Logistics, Transportation, and Field Support solutions. With 5 years in the Traffic Services field, Josh-is the end-to-end manager in charge of all Yunex Traffic Field Services in the states of Georgia and Florida. He currently manages an annual book of approximately$3.5N1. serving customers such as Orange County, FL, G[)[/T. the City OfJohns Creek, GA and the Tampa-Hillsborough Expressway Authority iD Tampa, FL. During his time with Yunex, Josh has served as the lead administrator for a multitude of response contracts and projects involving the spectrum of technologies within the industry; from loop detectors to microwave radars, connected vehicle system deployments to LED retrofits. His expertimeinthe field operations aspect of our business makes him highly sought after within Yunex for input on sales opportunities and contract execution alike. Statewide Field Supervisor: Tim VVm]ker— |DQSA Traffic Signal Technician Level ||| Tim has over 25years' experience |n traffic signal maintenance, with extensive experience on all types of traffic signal systems. He has experience in all video detection systems, communications and all other aspects Vftraffic signal rOainteDarice' troubleshooting and repair, His knowledge of the Traffic Signal Systems is unsurpassed as he will be involved with the City's maintenance program as a backup/expert resource as needed. Tim has I MSA TS Level 1, ||. & U| certifications,muwell oa other cart|ficaUunawhich are detailed in his naourne. Regional Field Supervisor: Matthew Nieves— |[0SATraffic Signal Technician Level VU Mr. Nieves has over 7 years' experience in traffic signal maintenance. His leadership skills add value to all Projects. Hehosexperienumondtnoininginbui|d|ng |ntenaeotionafronnthegnound up, excavating forpuU boxeo, install strain po|ao, installing uprights and mast arms, streetlight installation and rno|ntanance, traffic signal-installation and nnaintenonce, emergency ooU outs to rnakeoafe. ua|nghaovynlonhinery. shidoteer' excovatoro. nnaAeo' etc. K8atthaaexms||ent customer communications skills and keeps his customer well informed aG work progresses. Primary Project Tochmboian &CrmxvLeader: yJickBlen/imo—|0NSATrmffic Signal Technician Level II/Journeyman Electrician VWthnmonathon5yamrs'empmhenue |nthaTrafUo8iQna| yWo|ntanonmafia|d. NiuhhaobeoAnneo highly skilled Technician and Crew Leader, responsible for the full gamut of ITS inspections, repair, and integration projects, along with electrical and streetlight troubleshooting and repairs. Nick has served as the primary Preventive Maintenance Crew Leader for Orange County, FL since for the last 3 years, having performed this function at more-than 700 sites throughout the County. 5 Yunex Traffic Response IRFP22-OO4 88amaqmmmmtaod Support Principal /nCharge,Vice President$f Operations: John Cane Working out of the Alpharetta GA office, John joined Yunex Traffic in January of2O22 and |a responsible for operations company wide. John spent the last fourteen years developing and managing Traffic Signal Maintenance departments for one of the largest maintenance providers iO the US. John's commitment tO customer and employee satisfaction, linked with his depth of industry experience, makes him a perfect mentor for Josh and the team on the City of Ocoee project and as the Principal In Charge will ensure that customer expectations are met, and manages resolution of any issues if they arise in a timely, effective, and professional manner Director of Customer Service: Steven Teal Steve brings 23 years iDtheTraffic industry 8s8technician, project[OaD@ger, operations manager, ondnagiono| manager. Since 2O15, he has been the Director of Service for SiemensNunex Traffic and is accountable for the Yunex Traffic, Signal/ITS Maintenance business,nationwide. Heia responsible for the management of33 office employees, Q1fia|d employees and more than 155 municipal traffic signal and streetlight maintenance contracts. President and Managing Director: Rodney Mathis New to Yunex Traffic as of October 2021, Rodney Mathis is the President and Managing Director of Yunex Traffic. He has over twenty years' experience developing and leading ITS Organizations including Traffic Signals, ITS, and Tolling Facility nnminhanonoo. Rodney began his ITS career managing the largest Traffic Signal Maintenance contractor inCA and since that time has expanded traffic Signal Maintenance across the US. Throughout his ITS career, Rodney has had the opportunity to work with local and state agencies with a focus on promoting the development of industry specific software utilized incnaosenofatv and efficiencies vvh||e- noducingcongaaUonandenliooiono. Vice President mf Sales and Business Development: Jon Ring|er. Also new to `/unarTraf�c and vvoh�Rgout of the/Uphare�GofOoe. Jon rnanogaaand directs our Business Development efforts in the US. He is deeply involved in our products, oen/|oea' and projects, not simply concerned with p 'ectsintheoo|eacyde. butpnov|d|ng |nputondguidonoe to projectsthnoughoutexeouUoO. Jon |eoProfaamiona| Enginaerintho-StoteofGeo| ia and is aV@i|ab|e-fn support Josh and the Alpharetta maintenance team aGneeded. 6 Yunax Traffic Response IRFP22-OO4 ���� � _ d��������� Experience --------- -- -- - . u-----�v ' Description and Resources of Yunex Traffic L~ Armed with Yomex Traffic Overview and Historn market-leading Siemens Mobility ITS |s now operating 800new expertise insolutions, of many co[Dp@ny. YUneXTrBf�o` As g|oba|eDtRepreOeunG. VVe an � pioneer and innovate traffic ecosystems. With the most ' expertise in comprehensive end'to-end portfolio ofinteU infrastructure ' � nnon oo�bonain the rnorka�vve enable �deoand ««eanaagi|einnuvatoru � mobility operators to make their road networks and vehicle - fleets more intelligent, enhance safety, and increase value sUstainably over their i . While still part of Siemens, Yunex Traffic is now a more agile company able to adapt rapidly to the ever-changing technical environment of mobility solutions.Yunex Traffic combines'the best of both these worlds: profound.technology experience and the flexibility to bring its expertise to life anywhere. Founded and matured under the Siemens technical umbrella, armed with market- leading expertise solutions, and many years of experience iD infrastructure projects, VYe are now on independent, markets-leading and agile mobility innovator. VVe now have the freedom to enter|ntu0oa|-ohentadpednenahipoondoo||obnrationoxvoddvv|de. suoneaefV||y |rnp|ennenbng infrastructure projects forcitvondhighxvmyouthoritieeaavve|| aonlob||dxopenatnra. YUDex Traffic operates kl24countries around the world with over 3.1O0 employees from 58 natioOs. With oVer2OO erDp|DyB8S in the US. We are constantly improving infrastructure environmental ly-friend I iness, while making more efficient use of the latestdigital technology, such aaartificial intelligence. In doing so, vva act aaa consistently customer-focused powerhouse, cultivating entrepreneurial and global thinking at all levels. Yunex Traffic specializes in,the maintenance, testing, repair, and replacement of traffic signals, streetlights,-and exterior commercial lighting. \8Ae also provide a full range Of software for local and central systems. Yunex Traffic is proud to say that many of the solutions that we offer in the traffic control industry are currently deployed throughout the State ofGoorgio. At Yunex Traffic we have taken measures to improve our customer services and business relationships. We have exceptional experience, well-positioned infrastructure, strategic bueiOess-bo-bUsiness relationships, and VDpar�||e|edexpedise. These qO3|UinabODs strongly auppo�our�bi|itvto provide oo[np|etetnanapo�ation infrastructure installation and maintenance services safely, aff|o|ently, and cost-effectively. � We are proud to say that we are one of the most successful streetlight and traffic signal maintenance/construction contractors in the United States. Our employees and equipment are dedicated foradmeet|ight projects and traffic signal DOaiDteDaDce.� We issue insulated bucket, trucks tn all of our linemen and electricians. Each truck io equippedwith all the necessary tools, equipment, and inventory to perform 1OOY6of project apedficat|oUa. aa well-as routine maintenance and repairs for street lighting.All vehicles are appropriately marked with the company logo, Department of Transportation (O.C).T.) nnorkingo, and each employee is issued o 7 Yunex Traffic Response IRFP22-OU4 company phone, and o laptop or tablet computer. YVDeX Traffic has a broad range of expertise and experienced personnel including registered P.E.. PT{]E. PMP. Journeymen Electricians and International Municipal Signal Association UW18AJ Certified Traffic Signal Technicians. The individuals assigned tothis VAR project have many years of eXpe[i8DC8 managing and maintaining traffic signals systems, fiber networks, light c8i| 2Dd �Bntr�| �vgfenlGYUD�XT[8f��pPOVid�S8D r� ( . systems.. unparalleled level of knowledge in Traffic Signal +~ - Systems. Yunem Traffic's traffic signal laboratories provide a full range of technical services including COn1p-- coDtK)U8r/cabinSttesting. controller repair, .�` )'��°��'�� `r "m. ��--Au and conflict[DoDUor/CMLJ testing and certification. With ' offices and maintenance yards across the United States,we currently provide service to more than JDO public agencies. The Yunex Traffic Customer Service Division is a licensed electrical contracting and transportation engineering firm specializing in the maintenance, testing, repair, upgrading and replacement oftraffic signals, streetlights, and exterior commercial lighting. VVehave abn0ad range of expertise and experienced personnel including registered professional transportation engineers, International Brotherhood Electrical Workers UBEVV\. Journeymen Electricians/Technicians and International Municipal Signal Association (IMSA), Certified Technicians. Our field technicians are already certified as"Qualified Electrical Workers"as we are currently working OD LE[] retrofits in several NafiODG| Grid communities. Southeast Region In the Southeast United 8babae. Yunaxopenabao in three general markets: Texas,,Georgia and Florida, where we hold and manage contracts for States, Counties and Cities for the maintenance and installation of traffic e'signals - streetlighting. The annual of$8M is managed with a headcount of+/-28 team members with o fleet ofbucket | ^ trucks, trucks, OiDi-8Xo@V8tnra. loop saws o�sO1h�[ ��d O� �n ��-�����db��S ,_ �p���/ �qu'pnu`n' . Key customers in this region include the State of Georgia DOT, City of Johns Creek, GA, City of Atlanta, GA, Texas DOT, City ofFt Worth TX, City of Duncanville, TX, City of Allen, TX, Orange County Florida, City of Orlando, FL, Pasco County, FL and numerous other agencies. The .. . � scope of work OO these contracts range from new intersection builds to kzoo uontu�ota' ht maintenance roubna�o�o signal --' contracts; streetlight -`, maintenance contracts. Leveraging our history and experience in the traffic signal, streetlight, and signage maintenance arena offers extraordinary benefits and advantages to cities and municipalities across the COVntn/. We are excited iO have the opportunity 10 deliver the YUDeX Traffic difference to The City ofOcoee. 8 Yunmx Traffic Response IRFP22-OO4 State mfFlorida Yunex Traffic is an electrical contracting firm licensed in the State of Florida as a Certified Electrical Contractor(FL License#EC1 3008729—expiration 08/31/2022). Our company specializes in construction and maintenance of traffic signals, streetlights, an associated equipment. Our national staff of 200+ employees include an array of 4k professional engineers and technicians with International Brotherhood of Electrical Workers (IBEW), IMSA, and numerous industry manufacturer and systems YumexTraffic has operated as a Traffic Signal and Streetlighting Maintenance Contractor inthe State oY Florida since 2O17. Beginning work oo Republic Traffic in2O1O. and continuing operations through acquisition bv Siemens in2O11. Yunex continues to provide professional and industry-leading services to municipal and private customers throughout the State. Current and past customers include, among others, Orange County, the Tampa-Hillsborough Expressway Authority, Pasco County, City of Orlando, and Miami-Dade County. Yunex stands ready to offer the full range of services required to meet the needs of the City of Ocoee with: • Traffic Signal Maintenance,and Repair ° Preventive Maintenance ° Electric service diagnostics and repair ° ITS Systems service, maintenance and integration ° Fiber optic cable repair, replacement, installation, and removal • Streetlight troubleshooting and repair Orlando Metro �=� YunaxTnof�c has open�edin the OdondoN1otroarea since -I rpm- . - '2O18 when VYe acquired the contract with Orange County, FL for the provision of Preventive Maintenance and Inspection Services on all 550 signalized intersections and more than 35O beacons and flashers for the County. In - addition, Yunex has operated oo the sole contractor | % providing the installation and adjustment ofPedestrian Beacons and Radar Speed Feedback Signs h]rLheCountv for the last 3years. ` ` | VVe believe that our experience ooan�ingv�th|nthe vNdth � / } operating endbnaodUlofOnanQe�ountv comjuuUnge�ocUyUliatvoa '' ~' . of work, provides YunaxLLCon unparalleled advantage when it comes to providing similar services for the City ofOcoee. We know what it takes to keep the City ofOcoee's traffic infrastructure running sDlnoLhly, avoiding impacts to citizens and mitigating liability. When it comes to timely repairs and emergency response, Yunex'orobust pnaaonne in the geographic area ensure that downtime will be kept to a nminlrnuno and that City personnel will receive timely support when it matters most. 9 Yunax Traffic Response RFp22-OU4 ~ ~ � 1��� � . . ' the ` -'a-I system with red,y.bllow^anu 1�26 green lights ^`` ' ` Siemens e°epv"ex�.'= � ` . introduced the first � . �uyo�yma�a � � �wveo pn"poeo � '— light signal system and a / tradition of developing ` � ground-breaking ` � Siemens ent6m the us �~ � . �x»nomgym�e��no wamo um «^ ' ' industry began qicqumumpnrnvv ` � industr�y leaders'Eagle ` Traffic and Gardner � ` ` Siemens acquired T�nspo�auonyyotemo Republic I ITS,.a, ` m the traffic signal and . . -.-..g."_..~.~~. � 2021 ' " > nom��yd,eo»a�ens ' . . . Yunex'r,aff ic xSiemens presence intelligent Company is / ' '_��r �a�os6�UonsUT� � carved out —Siemens ,' market�meUa �� � omnty, / agility of with r � the backing and experience from Siemens � ^ _ Yunex Traffic 8istorvand Growth With over98 years of experience in traffic management solutions and oomineo. our roots lie in the globally respected Siemens family. From there, we have taken the comprehensive expertise in the field of intelligent traffic solutions with us in our way into the future.We enjoy8nOUtstoOdiDg reputation as a global solution partner for future proof mobility concepts. In doing so,we combine in-depth industry experience and market leadership with the agility of a startup. As you will see from the graphic be|oxv. Yunax Traffic has had o long and storied history in traffic signal and customer service. Our Present YUDeXcu7meVt|y maintains streetlights, traffic signals, and other related equipment for over 138 agencies encompassing over4.00O signalized locations of various sizes from full function intersections to in-pavement flashing nronovva|ko and rapid flashing beacons. We are dedicated to meeting and exceeding the challenging public safety requirements associated with our industry. VVe have been in the traffic signal moiDteOoUceinduotn/vvoddwideforover5Oyaorm. |ntheUnitmd States,vve have been iD business for oVe[4Oyears servicing numerous contracts throughout the country. Our Future At Yunex Traffic, we are always looking to the future and for our ITS division-the future is bright. With infrastructure improvement being the focus for many municipal governments these doyn, it is imperative that we stay on the cutting edge of technology to remain relevant. Whether the Figure tYunox Traffic's History 10 Yunex Traffic Response 1 RFP 22 004 agency is looking for connected vehicle, smart street lighting solutions, service I support contracting, ITS software and controllers or complete infrastructure management, we are constantly evolving the industry. We look to the future with the foresight that can only be gained through 98 years of experience and more importantly, we aim to shape it. Yunex.Traffic Financial Overview— Confidential Siemens AG (Yunex Traffic's parent company) has an annual average revenue for the past 5 years of$80M. Current Ratio—2.1, and our federal tax employer I.D. number is 86-2136678 Financial References Name Address Means of contact Contact BNY Mellon Bank 500 Ross Street Pittsburgh, PA 15262 www.bnymellon.com/credit 11401 Electron Dr. The Lyons Companies Louisville, KY 40299 LPotts(a)hllyonsco.com Lora L. Potts 110 Delta Dr. Spang& Company Pittsburgh, PA 15238 pbaraer()a Soang.com Patrick Barger 325 Park East Blvd. Cimtech, Inc. New Albany, IN 47150 maureenmcimtechmachine.com Maureen Murray Figure 2:Financial References Annual financial information is aggregated from our parent company, Siemens AG. The latest annual report, as well as additional financial information, can be found at https:l/new.siemens.com/global/en/company/investor-relations.html Yunex Traffic Legal Overview Yunex Traffic has not been involved in litigation in the past five (5)years. There are no active claims against the firm nor against the firm's owners wherein Yunex Traffic is named. We have not been removed from a contract or failed to complete work as assigned by a contract, nor has the firm failed to sign a contract under the terms and conditions agreed to by both parties. Over its decades-long history, our predecessor was periodically involved in litigation and had been involved in situations of severed ties with customers, simply due to the size of the organization and nature of the work it does. However, no overarching culture of negligence, noncompliance or misconduct was ever found to exist or is a part of the new standalone entity. Yunex Traffic is a global company and we do not centrally house all contract and instances of litigation. Yunex US has not had a project in litigation, nor are any of our owners or officers been convicted of a felony. 11 YunaxTiaffio Response IRFP22-0O4 Yunex Traffic Project References With offices and maintenance yards across the United States, we currently provide service to more than 300 public agencies. Our current and past maintenance service contracts have included: o Response to and Related repairs Ofknockdowns, intersection trouble c@l|a' outages El Replacement and new intersection construction o Replacement of standard or decorative fixtures • Repair and replacement of pole foundations o Repair and replacement of electrical eamioe pedestals and foundations 11 Installation of new streetlights El Re-cabling ofintersections El Outage Reports o Intersection Preventative Maintenance o Rewiring poles and light fixtures to correct faults • Repair and replacement of damaged standard arms and fixtures • Locating and marking of streetlights and conduits for underground men/|oea|eda ( / ' . \ o Painting� � o Physical testing and treatment wooden poles o Repairing lights and associated conduit or power issues that wore not operating properly prior to the contract start data 12 Yunex Traffic Response/ RFP22'DO4 Orange County -- ' Name: Y18-1O1; Y22-175-Traffic Signal Preventative Maintenance and Inspection Services Location: Orange County, FL Dates: 2O1S-2022; 2O22- Present Description: Perform annual preventive - �-� �L _ -� �� RAFPlc � maintenance services atsignalized .intersections and flashing beacons according h] customer-directed schedule. Conduct � repair Of systems identified GSfaulty. Provide written report to customer for each location inspected/repaired. Annual quantities include: � 550 signalizedintersedions � 320SchOol Zone flasher aSSeOlWi. El 00 overhead flashing beacon assemblies Contract Value: $3.5K8 Point of Contact: Frank Yoke[ (4O7)830-8O73. frank.yokie|@ocOosd Manatee County Name: 18-RO68282GD| 21-RO78431BB-Traffic Signal and Intelligent Transportation Systems Maintenance Location: Manatee County, FL Dates: 2O1O-2O21; 2O21-Present Description: Provide OO-C8U and as-needed installation, repair, and maintenance of all traffic signaling devices and appurtenances. Previous projects completed at the order and direction of customer have included: 0 New intersection construction El Vehicle Detection (inductive loops, radar, mognetonneteh 0 Knockdown response B Streetlight repairs � R8D)oV8| and reiDsL8||8bOn of concrete, steel, and G|U[OinUDO poles 0 Power service |nota||otion, namnova|, and adjustment o Fiber optic cable repair and installation Contract Value: |D|Q; approximate historic spend of$25OhJvoor Point of Contact: Aaron Burkett, (Q41)7O8-750Q. fraDK.yoNe|@Ocfl.Oet Orange County Name: YlS-1O08-Electronic Highway Safety Devices Location: Orange County, FL Dates: 2U1Q'Preoent(contract completion date: 9/3O/2822\ Description: Provide and install the following classes of devices throughout Orange County, FL at the direction of County personnel: 13 Yunex Traffic Response IRFP22-0U4 1i Pedestrian Detection and Signaling Devices 0.e. Rectangular Rapid Flashing o Flashing Beacons a Edge-lit regulatory signs El Radar Speed Feedback Signs Contract Value: $1.9K8 Point of Contact: Frank Yokia[ (4O7) 030-0O73. frankvokiaa-ocO.net Pasco County Name: |FB-PM-18-18S. |FB-D8-21-14S-Ongoing and As-Needed Signal HeadSuppk/mnd Installation Location: Pasco County, FL Dates: 2O19-2021'. 2U21 - Present Description: . o Aa directed bv County Personnel, supply and replace all overhead traffic signal devicem and/or signal oabingotdeni notmdintenseoUonothnouQhoutPosooCountv o Install and/or replace illuminated street name signs at designated intersections 0 Advise County concerns, shortfalls, as pertains toState and County roadways and intersections, if such are encountered during the conduct of contractual work Contract Value: $1.5K8 Point of Contact: Scott Brown, (727) 849-6845, sbrown@pascocountyfl.net ' City mf Johns Creek Name: 1548O-3. 2O4O9—Traffic Signal Maintenance Location: City of Johns Creek, GA . Oates: 2015-2020'' 2020—Pres8O �Y - Description: Daily dedicated support tothe City OfJohns Creek Public Works for the maintenance and repair of traffic signalsondoaoocotedequiprnentacn00081 signalized intersections, 4i flashing school beacons, 32 radar speed feedback signs. Scope of services includes: G Annual and semi-annual preventive maintenance for all maintained devices o Identification and repair offaulty signalizationond detection devices, ao well oo associated appurtenances El Troubleshooting of|noperabh*or faulty equipment � r, Response and resolution to citizen complaints regarding traffic signaling issues o E[nergencv/disasternesponse Annual Revenue: $400.000.00 PointofContact: K]nnVWU|anna. (078) 512-3202. kinl.wiU|amna��ohnaoreehoa.gov 14 . Yunax Traffic Response IRFP22-OO4 Equipment Yunex Traffic employs industry-standard equipnnentond1oo|evvithaUFialdGen/iceotean/o during the conduct of our business. Aaa global company with onotionvvdepresence, the current portfolio of equipment on-hand and in-use in the field is always evolving as Yunex and our lease and rental partners deploy new vehicles, purchase and retire specialty equipment and share resources across our service footprint. � To support the City of Ocoee, FL, Yunex intends to maintain the following classes of equipment in the greater Orlando Area, understanding that opecifiochassis, year, and minor specifications will change ea needs and business requirements evolve: El 40ft-Re@Ch Bucket Trucks • DiQQer/D8DickTrUch Q Supervisor Truck o Dump Trailer o Arrow Boards o Full Complement ofMOT Equipment to eeK-oedbnn most Traffic Control requirements El Trencher 0 Mini-Excavator o Pole Trailer El Otheraquiprnentoenaquinadbvcuetunlarnaada YUnexhas relationships with the following partners to meet our changing equipment and fleet requirements in the field. Redacted service agreements with both can be provided on request. - Global Rental Co.. Inc. —AoAKeo Inc. subsidiary(hftps://www.globalrental.com) - \&hee|a' Inc. (fittps://www.wheels.com/public/) ' 15 Yunex Traffic Response I RFP 22-004 Yunex Traffic.Statement of Suitability Yunex Traffic stands uniquely positioned to partner with the City of Ocoee, FL for Traffic Signal Maintenance. In fact,we believe that our value proposition, a unique mix of corporate characteristics, industry focus, and experiences, is unmatched in the current market. Specifically, we at Yunex L. The distributed Yunex believe that we are a best fit for this contract, based on 5 Traffic footprint allows key attributes: us to respond to 1. Corporate/Divisional Competency emerging requirements 2. Scalability by shifting resources if 3. History needed to expedite a 4. Locality project - 5. Updated Project Management ,.. ,,,..., . .i 9 2✓-.. -.... aro „ ( - ,tL4,>, :. r.1„,, fit;'Ai 0�/ ire p3 Technology New Technologies _ Integration Systems w Legacy Systems Development Deployment - Construction ti Maintenance Installation =YUNY TRAFFIC Yunex Traffic Corporate/Divisional Focus and Competency Yunex Traffic (formerly Siemens Mobility ITS) is a major global player in the industry, driving innovation in technology and physical products that are used by partners, both public and private,throughout the world. From SCOOT Adaptive systems to Concert ATMS, Connected Vehicle Roadside Units-to next generation Traffic Signal Controllers, Yunex is on the dynamic leading edge of emerging technologies within the Traffic Management Space. The Field Services Division at Yunex is focused on the installation, integration, and maintenance of all systems, from legacy technology to newest and most advanced traffic management devices on the market. While this ability to work with all systems is a requisite competency for any maintainer, Yunex is unique in its occupation of a space that straddles innovation and deployment in a field environment. Our competitors typically focus on narrower aspects of the Traffic market: Heavy Construction, Traditional Maintenance, or Technological.Innovation. By Comparison, Yunex, and the Field Services division of Yunex, provides our customers a wide base of expertise across the spectrum of innovation, deployment, integration, and maintenance of systems and devices. 16 Yunax Traffic Response IRFP22-O04 Yunex7-raffic ScalmbiUity `yunex Traffic Field Services operates maintenance and project oontnactsmcroosthaUnitad 8tateo, serving more than 300 public customers. Unlike o regional p|oyer,the distributed Yunex footprint allows us to respond to emerging requirements by shifting resources to where they are needed most. Since vveoperate in nnu|Up|o nnorketo, our personnel and equipment are not all affected bythe,sa[De circumstances. |fa major YVeatherEveOtis1[ODliDeOt. NxeCaOforward- stage additional maintenance Crews. ready to move in and restore services to your community aa quickly ao circumstances allow` Yunex Traffic HiatorV Tha\'unonTrofficcorppnnbshietoryvvithtnaffinoiQne|izotioninnovmUonmndoperadionexh*ndo back more than 90 years. In the Southeast [mQiOn a|wne,we have operated for more than 15 years,through various iterations Ofstructure. Ouhn0 our time in the Orange County/Orlando area, our personnel have become familiar with the City of Ocoee, having worked for other public and private organizations, in and adjacent to the City. Our time working in the Orlando, FL area has been highly rewarding from both a regional and corporate standpoint and Yunex Traffic fully intends to build and deepen relationships iO the region. Yummx.Traffic Looalitv For the past several years, Yunex Traffic has developed a close working relationship with orange County, FL and more recently xvehave entered into various contacts with the City Cf Orlando and the City OfBe||e'|S|8. |D terms Df value proposition, YQDeX believes that our ongoing work with the County, in particular, will be of great benefit to the City of Ocoee. Having just renewed our Annual Preventive Maintenance and Inspections Services contract with Orange County, Yunex will have oconsistent |ono| presence for to oone� Th|This means thotYUnemvviUbeob|aho |everogeitse%peheDceandreoounceainthe |oma| rnarketforthe benefit of the City OfOcoee. |D addition, because YVe are already working and operating inthe area, Yunex will be best positioned, of all competitors, to provide timely response and emergency support when called upon. . Yumex Traffic's Updated Project K0anaqemnen1 - -- _ To provide efficient and effective project n3aDaQe[DeDt -- project,pu2gness is tracked in real time using digital tools such 8S Power B|. Map box,A[CG|8, and Tableau, which enable transparency between Yunen ' Traffic and its client while reducing risks Of del ays. Visualization Mapping Tools Map visualization tools allow for live updates nfthe r� project status. Each work site in the p je[tScOpeiS loaded into the tool, allowing users to update dates, *�Dd.C�" . *="*h~� - comments, and issue fields toconnrnunioatefie|d 'CE _= Z - ``- -�- ` - - -- ------'-- conditions. The availability of this tool helps to answer the important project questions such as: 17 Yunex Traffic Response/ RFP22-O04 What upgrade is scheduled? What project areas are under construction? What date was the upgrade completed? |sthis|Vc8UOO done?What issues are OO the project GDdwh8ne? G|S maps also allow for collaboration with other publicly aV8i|8b|ed8t8 such as: ongoing conmtnucUon, intersecting state roads and upcoming interfacing projects. Progress Charts Using data pulled from the mapping tool, run Upcharts are automatically generated for every significant project operation such as: Miami-Dade County � dvamed Surveys n=�"�� - Upgrade . ' ' .'' ' ' ' ^ ` � Data Migrations r��»�^*"m M� s/ 31.5OY6.-^ ' ^�� o Intersection Upgrades The data reflects the field condition at the viewing timevvithaUtDnatiC �. scheduled refraahaa 0�. __--� The project run up charts compare ~~*"~�~ ' *�~"���__ �����d '`« ---------��r- - the effort of work done with theproject ' ~ - S agreed baseliDe.This toll . ~ , allows YUDeK Traffic b]compute ��----------------�'------'"°'---------�� metrics such oe schedule performance index, expected rates to completion, variances, and potential project da(oysandoxpecbydemddotos. Project Dashboards Surveys Using the vast amount ofdata -46 5.00 0.82 -4 5.27 collected and made available through the mapping tool ~ ~,~ combined with therun- up charts which compare the project productivity against the,project ~ baseline, 8 live one-page project J- d3shboaKd is generated. The dashboards exhibit-the hev 'performance indicators for the . project mowell on an overview ofall cunlokabad activity. 5taheho6ns can quickly make informed business decisions regarding the project usinOtnuap jectdato. el|nninabngtheneed for constant data research. YunexTnaffio has successfully adopted these data collection and visualization rnothodo|oQies with continuously proven successful outcomes. These features have further ensured stakeholder satisfaction, |kxa project status updobao, and overall project effioiancy. 18 Yunex Traffic Response I RFP 22-004 Information Technology Service Business Platform @ITS Yunex LLC has rolled out a new service tool called SBP (Service Business Platform)., which is a proprietary management system designed to effectively manage all service order progress, remotely update our ERP system (SAP) and as work is performed„ o This SBP allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used. • SBP keeps historical records for every location which allows the technicians an additional resource when troubleshooting. • When creating a new service request, the SBP will query the location history and will flag the order if it appears to be a repeated call out or duplicate order. • Technidians transmit response and routine maintenance items in real-time using JOS or Android devices. o The contractual Scope of Work and all maintenance Activities are also available for technicians:to review to ensure all tasks are completed within the specified timeframe. Customer Specific checklists for routine preventative maintenance will be available to the technicians so all required tasks are completed, per your scope of work. 3:35 act 2:034 ntllow 3:37 4 tut so my:, Discaki , Monthly Routine Maintenanc... Save P ± Discard Monthly Routine Maintehana... Sove ' ' I Monthly Routine Maintenance 1 02889 3. Controller Cabinet&A/C Service * Checklist Sookable Resource Booking Cabinet Interior --Sgnal in ft.,Ms. tuvf, At., TS Sprssre elm Clean the U14. .0,141 cabinets end ale service cabinet thoroughly on the'reside.indodinp all compononts oast any foreign materials. •Itcquircd Titni,StOhlp RroduCis Time Envies Control/tag ielotitHy Fier"on Maintenance Checklist in COntraller CabInci Clean SING MAP T. Air Filter I Service'calitnot51ean , I Clean or tesauce the air filler element in sonholter cabinet dal parapet Replace the Air-Filters at feast once each 40 Months or sinless othenthe approved by the Traffic Choate.: 4. Controller.Cabinot Fan• Vcritylhat the conhoiNo cabinet fan operates Proporty FM .nOnS is?!a minimum ot noises clpenad Air Filter . midat,,sqcool Replaced Air Filter Confirmed Reaper Operation . , • I Oaestooc:rte" :otherldess.ribei. 2. Controller Cabinet Exterior" ; trolV374).1,1"M%1—"a t• ',Mom<Mr FORM.semi onerfor groffiri.010.from at Fan'moo to Int replaced. contirdlet-and c novice cabinet exteriors. • . _ „ lank completed 5. Thermostat• D0th " Venty that the cabinet ton thermostat is set at ono ).4r4,--.^••• hundred(100)degrees Fahrenheit. 3. COntroller Cabinet&A/C SerVice . . . . . .121 Cergirin41:re*r iertineandOpeeitiiin Cabinet Interior chum the traffic signal cabinets and a/e senate cabinet : 671 '•• : I EJ Othe;(desCri he) • thonmplihi on OM'inside.itirliefing ail soniponentl and L— any fomign materials, Su. ek>,Roe., la.Controder Cabinet Clean - . G. Controller Cabinet Vents Check hie vents in both Me controller cabinet doitt and , - • 19 Yunex Traffic Response I RFP 22-004 Customer Portal The SBP Customer Portal gives our customers access to: si Monitor real-time status of routine maintenance and service calls PI Location history(sort/filter by date, location, call type, etc.) si Overall historical maintenance and repair data is Real-time equipment inventories, maps, event reporting is Asset management(including digital photographs, GIS date, etc.) Yt11:4 F.,X TRAFric ii I ti.,.$ 1 q.ai sie...1 1 Cat's:WA£44.TITM I A.S.W.3 I 0,40 i Uf 4X:7M I Q 1 wow,. 1. ...... ..,SERVICE PORTAL ‘....1 . . . . . , r , / I i \ . - ( :'.7 ..,, ,1....;Mr..,1...5.,,11......J..:....4-11. 1.;11. ..•;.; e.... .... . ... i , , , a 44 .....,....-":” t..s...,....+0.9 ,1........./.1 .Skivrowl ...f....... a...........1 A.... ,..T..r. f..4....1.",1 -.fr........ ii.,Mi."4.11.1".h.t.....-7 3,0 titv,(Orle Tattbit tam neocacil sror.Std. 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' --0 ,, .,o.;) c 2onertir071,,a 29n micro soh Corp oration 197s TSArchi aids/4th :_=, : ' TS 4th I Resort -- SBP Customer Service - Work Order Details *Z,Portal-All Work Orders., Search Work Order r . Work Order Number t Case Title(Case) Priority System Status Customer Asset _ SAP Service Order Number 66347 Sill HANGING BY WIRES Normal Completed TS Hermosa/Feron - 005004285877 66367 . ROCHESTER TVPLIKB POLE go Normal Completed Street Light..Generic 2604117715 005004285897 .. — 66375 SB ISNS HANGING Normal Completed TS Foothill/Etiwanda 00 S004285906 ' • 66402 NVIC NS LIT 10 GRN BM Normal Completed TS Arrow!Vineyard 005004285934 66412 FLASH Normal Completed TS Base Line I Rochester 005004285944 66471 e 8 Archihald-Raise ConduidPedes Low , 66517 Flash Righ Work Order Details 66551 . SS OH green stuck on High . . .............. Ctir Mf....ar/strry.r. 66553 Cineck We detection . ogli ,...,,,„„,.• - _ _ .. ,......,..- 6655e Flash High iletoms. 7.4rivalikar. $7.61.94.4ft Aueet Cesaatien a..,,x,....,..ca 1.1 kevaa LepeStatcs CmastOn 4. 1.....01.,,04‘.12,11.1.t.CM hsre0 LettaIleraW,UZIK I. L. 603 th. 7,322.5 is.............5.,a ' Ea -I,ga 1..40, IMotaa Etran...ear arost.altarao .=1,11.314 smx.xic rae.71746MOOGEI MI YLEi Ver4-Cnsta Tv. MatPre-0,1,6...12 .r:2__ _ _ _,.. _ •••••••, . .........., .4—, tra V. Ist-^,zese ii•sx.s.Ne.de 511:72.5.. 1,....m...--.....,.."......1.1.31.350:r.c...a savoy. _..,., 21 ORAIE PUBLIC WORKS DEPARTMENT •TRAFFIC ENGINEERING DIVISION HUMBERTO L. CASTILLERO,RE.,PTOE,Interim Manager C, 4200.South John Young Parkway- Orlando, Florida 32839-9205 OUND. 407-836-7890 • Fax 407-836-7869 GOVERNMENT www.orangecountyfl.net FLORIDA 6/2/2020 Re: Letter of Reference for Siemens Mobility, Inc. To Whom it May Concern, The purpose of this letter is to provide a reference for our Traffic Signal contractor, Siemens Mobility,Inc. ("Siemens")and to briefly explain the scope of services provided by said contractor. Siemens has served as the Traffic Signal Preventive Maintenance contractor for Orange County,FL since May 2019. In this capacity, Siemens has professionally and consistently provided the following services to the County: - Annual Preventive Maintenance for 550 signalized intersections, 320 school zone flasher assemblies, and 75 pedestrian flashing beacons Orange County greatly values the services provided by Siemens,including their commitment to timely and quality work. For this reason,the County has elected to renew the original awarded contract for FY20-21. In addition, Siemens has operated as the installation contractor for all Electronic Highway Safety Devices for Orange County, FL since October 2019. In this capacity, Siemens has been responsible for furnishing and installing the following: - Rectangular Rapid Flashing Beacon(RRFB) assemblies - Electronic Speed Feedback Sign(ESFS).assemblies - LED edge-lit regulatory signs I can highly recommend,without reservation, the work provided by Siemens Mobility, Inc. for Preventive Maintenance of signalized intersections and Flashing Beacons, as well as the installation of Electronic Highway Safety Devices. If I can offer any additional infoiination, or answer any questions,with regard to the content of this letter,please feel free to contact me at any time. Sincerely, rank . Y kiel, CP Traffic 0 ration Supervisor 22 Public Works Manatee Traffic Operations Division ./' 2904 12th Street Court East County Bradenton, FL 34208 FLORIDA - Phone: (941)708-7450 Ext. 7283 www.mymanatee.org March 25, 2022 Re: Letter of Recommendation for Yunex LLC To Whom.it May Concern: The purpose of this letter is to provide a reference for our Traffic Signal Maintenance Contractor, Yunex LLC ("Yunex")and to briefly explain the scope of services provided by the same. Yunex (previously Siemens Mobility, Inc.) has served as a Traffic Signal Maintenance contractor for Manatee County, FL since May 2018. In this capacity, Yunex has been responsible for addressing maintenance, repair, and construction projects for the County on as-needed basis. Due to their exceptional performance, Yunex was awarded a re-bid of this contract in May 2021. Yunex has professionally conducted the following tasks/scopes of work during the conduct of this contract: • Trenching and installation of conduit • Installation of Video,Radar,and Bluetooth Vehicle Detection Systems • Power Service Installations • Streetlight repairs and construction • CCTV Installations • Emergency knockdown response and make-safe efforts • Traffic Signal Cabinet replacements • Magnetometer system installations • Inductive Loop.installations • New Intersection construction • Fiber Optic cable repair and replacement Yunex has remained a valuable partner to the County and is regularly called upon to provide input on work scopes and to interact with technology providers on the County's behalf. When scopes of work change or creep, Yunex has been incredibly accommodating and has accepted and incorporated all changes in a manner that is satisfactory to the County and in the best interest of the public. I can highly recommend, without reservation, the work provided by Yunex LLC for Traffic Signal Maintenance, Streetlight Repair and Maintenance, and Fiber Optic System Maintenance and Repair. If I can offer any additional information or answer any questions with regard to the content of this letter, please feel free to contact me at any time. Sincerely, Aaron Burkett Traffic Operations Division Manager JAMES REGGIE KEVIN MISTY VANESSA CAROL GEORGE W. SATCHER BELLAMY VAN OSTENBRIDGE SERVIA BAUGH WHITMORE KRUSE District 1 District 2 District 3 Di trriict 4 District 5 At Large At Large XXII Johns Creek be the exception March 10,2022 Re: Letter of Reference for Yunex LLC To Whom it May Concern: The purpose of this letter is to provide a reference for our Traffic Signal Maintenance Contractor,Yunex LLC("Yunex")-and to briefly explain the scope of services provided by the same. Yunex has served as the sole Traffic Signal Maintenance contractor for the City of Johns Creek since September 2015. In this capacity,Yunex has been solely responsible for the maintenance and repair of the following: • 81 Signalized Intersections • 41 Flashing School Beacons • 22 Radar Speed Feedback Signs Yunex has also professionally conducted the following specific tasks/scopes of work during the conduct of this contract: • Trenching and installation of conduit • Installation of Video and Radar Vehicle Detection Systems • Power Service Installations • Traffic Signal Cabinet replacements • Magnetometer system installations • CCTV installations • Inductive Loop installation In addition to daily operations in their contracting capacity, Yunex has consistently forward-staged personnel and equipment within the City limits,on request, for pending emergency response support, when the need arises. I can highly recommend,without reservation,the work provided by Yunex LLC for Traffic Signal Maintenance. If I can offer any additional information or answer any questions with regard to the content of this letter,please feel free to contact me at any time. Sincerely, kijub.Y__WSP;"4-- Kim Williams,EIT Traffic Manager Public Works City of Johns Creek I 11360 Lakefield Drive I Johns Creek, GA 30097 I JohnsCreekGA.gov 1678-512-3200 I Fax: 678-512-3270 24 747, Nk UN X FIC Josh is an Operations and Project Manager with more than 25 years' experience developing and contro Iling customer-focused Logistics, Transportation, and Field Support solutions. With 5 years in the Traffic -to-end manager in charge of all Yunex Traffic Services field,Josh is the,end Field Services in the states of Georgia and Florida. He currently manages an annual book of approximately$3.51M, serving customers such as Orange County FL, GDOT,the City uf Johns Creek, GA and the Tampa-Hillsborough (346) 302-5160 ' Expressway Authority in Tampa, FL Duhnghis time with Yunex,Joshhas -- ]os ua. ippincott��h | served os the lead administrator for o multitude of response oontra�sand �~ A�& yu next rofMczom projects involving the spectrum of technologies within the industry;from loop detectors to microwave radars, connected vehicle system deployments EXpERT | S E to LED retrofits. His expertise in the field operations aspect of our business 0 Operations makes him highly sought after within Yunex for input on sales opportunities and ElTranspor1atiunyNanogement m Network Design Josh is based in Kennesaw, GA with his wife,Jennifer, a staff member ot � Demand Planning Kennesaw State University. They have two daughters: Kirsten (23), oSupply [hainAno�stforHomeDepotin�¢|ante, GA, andKate (J�), ADepartmentof � � U � � �1 � N ' ' ' the Air Force Civilian Police Offcerai�oot Air�orce0�se, UUno� • K88A[bncent�tnnin5upp� ' ^ ' Chain Management,Arizona 0ELE '`&'NT E X P E R I E0CE State University • B5BA—Operations and Supply Chain Management, Service Account Manager—2Q16toPresent University of Texas atE| Paso Adonb\ Georgia m Responsible for contract management, customer retendon, execution . ' and project management for field services contracts for the Southeast cEBT | F | CATIONS Region. o Transportation and Logistics ° Managed completion of Citywide Detection Upgrade project for City of (CTL)—Ap|CS Atlanta, deploying vehicle and detection equipment to 47 intersections; d Demonstrated Master Logistician identified cost savings uf more than,$1O0K,allowing customer to (DK8U—SOLE,The International increase the scope of services while maintaining approved budget Society of Logistics ° Managed the deployment and maintenance of more than SOoonneuted . ' vehicle RoadsideUnits (RSUs) in preparation for testing and evaluation byUSDOT ' LLP Manager-`1996-2OOG ' D Troop, lst-Squadron, 10th Cavalry Regiment-Colorado Springs, CO and Doha, ' Qatar Worked as the General manager for a12U-mem6er organization and was E X P ER | ENC E responsible for administrative support,training, readiness and discipline of o Siemens/YunexTraffic'5yeao' as signed personnel intheUS and abroad. Completed more than 6OOcustomer a 'Industry:5yeors maintenance support requests in45 days, enabling customer tocease operations ahead ofschedule. ' 25 ? \ Timothy Walker, Statewide Field Supervisor Mr. Walker has over 25 years experience in traffic signal maintenance, with extensive experience on all types of • traffic signal systems. He has experience in all video detection systems, communications and all other aspects of traffic signal maintenance, troubleshooting and repair. His knowledge of the Traffic Signal Systems is unsurpassed as he will be involved with the City's maintenance program as a backup/expert resource as needed. Experience: ?;:;'' ITV/Sit - Traffic Signal Technician, Yunex LLC (a Siemens Business) - 2021 to Present Your Partner in PUBLIC SAFETY - Traffic Signal Technician, Siemens-2010 to 2021 - IMSA Work Zone Safety - Traffic Signal Technician, Republic ITS- 2002 to 2010 (acquired by Siemens in 2010) - IMSA Level I, II, III Certified Traffic Signal - Traffic Signal Technician, Computer Service Corporation , 1996 to 2002 Technician Other industry Certifications: • - NEC Certified ▪ Cert. No. E-126754-G ▪ Expires 09/19/2024 Econolite ASC3 Controller Certified - Econolite Autoscope Certified - Bucket Truck Certified - ATSI CMU/MMU Test Equipment Certified 26 Matt Nieves, Regional Field Supervisor Mr. Nieves has over 7 years' experience in traffic signal maintenance. His leadership skills add value to all ,2 Projects. He has experience and training in building intersections from the ground up, excavating for pull boxes, uti install strain poles, installing uprights and mast arms, streetlight installation and maintenance, traffic signal installation and maintenance, emergency call outs to make safe, using heavy machinery, skid steer, excavators, cranes, etc. Matt has excellent customer communications skills and keeps his customer well,informed as work progresses. Experience: - Field Supervisor, Yunex LLC (a Siemens Business) -2021 to Present Your Partner in PUBLIC SAFETY - Traffic Signal Technician, Siemens-2019 to 2021 - IMSA Work Zone Safety - Foreman/Signal Technician, Ion Electric—2018 to 2019 - IMSA Level I, II Certified Traffic Signal - Lead Signal Technician,Traffic Control Devices—2015 to 2016 Technician - IMSA Signal Inspector Level I - Florida Advanced MOT Other Industry Certifications: - Confined Spaces Certified - Wavetronix SmartSensor Certified - Bucket Truck Certified 27 Nick Blevins, Traffic Signal Technician Mr. Blevins has over 5 years' experience in traffic signal maintenance, with extensive experience working on re- maintaining� city traffic signals and intersections. Nick has experience building intersections from the ground i up along with routine maintenance of traffic signal intersections and streetlight systems. Experience: ; _ - Traffic Signal Technician, Yunex LLC(a Siemens Business) - 2021 to Present Your Partner in PUBLIC SAFETY - Traffic Signal Technician, Siemens- 2019 to 2021 - IMSA Work Zone Safety - Foreman, Traffic Control Devices- 2017 to 2019 - IMSA Level I, II Certified Traffic Signal Technician - Florida Advance MOT Other Industry Certifications: - Bucket Truck Certified - Journeyman Electrician 28 � ' PRC} F | LE All& � ` Steven brings 23 years oF experience inthe ITS industry asa technician, project manager, operabonsmanaQeri and regional manager.Since Z01G,he has been the Director of Customer Service for Siemeno/YunexTraffic and is accountable for < � overaUprof�and�ssfor the comp�te[uyton�erServ�e(CS) business nationwide. He is currently responsible for the management mf33 office employees 91 field . / | ' employees and more than 155 municipal traffic signal and streetlight maintenance contracts. ' (714)497-5043 � J�9� ��� Stoven.Teak@yune¢r�tOc.com -- � RELEVANT EXP ERI ENCE S|emmens/Ymme����f�� C�r���armf��p�r�doum | - prese�) � � � � R � |�� � ' ^�--- E3 `Identify and implement strategies to.. improve quality of sen�m� � Project Management — , pr�guct|v��anUpro�taUU�y E3 Project o Develop and administer service level standards and procedures that are o Contract Negotiation focused on customer satisfaction and issue resolution a 'Ensure the necessary resources and tools are available for quality customer L | C ENS E S / ' � ' � ' service delivery ' CERT |F | CAT | 00G a Handle complex and escalated customer service issues o |N1SA Work Zone Safety o Monitor accuracy of reporting and data base information and analyze Cert ified ified relevant data to determine customer service outputs e |[N3A Level|,U.&III Traffic m Oversee strategic service sa|eu/bidnpportunities Signal TecchnicoinCertified a Ua�ue with company management to support and implement growth strategies YsAms 0p Siemens/Ymmau Traffic Southwest Area Operations Manager -2O1S) sXPsm | smcs a Planned and maintained proper staffing levels • Siemens/YunexT[affit24 . n Trained and developed planning for operations organization years, Accountable for.Customer Satisfaction results m Industry:23years u LedefhodsforOpemtionsoustomeryurveyprocess, cuse-managementand resolution Ej Coordinated operations involvement in strategic sales/bid opportunities ' � Ei Accountable for financial performance ofoperations u Achieved goals of budgets/plan furrevenue,grossmargin,sales and profit in Completed monthly forecasting bf revenue,marQin,.andsales n Responsible for managing absorption account, utilization, labor rates, and expenses u Responsible for non-conformance cost(sUp) performance . Ei Monitored and reported risks and mitigation plans ` ' ' 29 ' 14'`% 1,7A-tf;i4. ??, jrearlr!.. 7i‘ 4 4 -* -tow .4444, 1,4‘,0-;;..111; detait $.43 .1.44V,44 10#1,,2'40'414 tis! 1,fgerec to 'A' PROFILE Rodney has over twenty years' experience developing and leading ITS Organizations including Traffic Signals, ITS, and Tolling Facility maintenance. i Throughout his ITS career, Rodney has had the opportunity to work with local and state agencies with a focus on promoting the development of industry specific software utilized increase safety and efficiencies while reducing congestion and emissions. e(714) 397-7608 rodney.mathis@yunextraffic.com RELEVANT EXPERIENCE EXPERTISE Rodney first got into the ITS industry in 2001 when he took over as Vice Innovations and President and General Manager of the largest traffic signal maintenance Technology company in CA where he stabilized and expanded an existing business. Customer Service ri Leadership In 2004 He took over as President of a startup division of a well-established ITS supplier and successfully grew that division with a focus of increasing EDUCATION public safety and facilitating the advancement of the ITS industry with the latest 13 BS, Construction technologies. Engineering, University of Southern Mississippi Rodney has been instrumental in facilitating a $22M ITS upgrade project in the Los Angeles area, increasing the reliability of the ITS infrastructure, allowing the state agency to consistently receive accurate data from their infrastructure YEARS OF and then communicate to the motoring public. Additionally, he has led the EXPERIENCE capture of a statewide ITS project with the focus in increasing uptime of ITS Yunex Traffic:>1 years equipment and working with the latest technologies. ci industry: 10 years Rodney is firm believer that innovative technology and a well-maintained infrastructure are keys to increasing public safety and reducing emissions. 30 Yunex Traffic Response j RFP 22-004 Response Exceptions • Customer shall have a non-exclusive, royalty-free, nontransferable perpetual license to use Yunex Traffic Technical Data in matters relating to the contract but shall not disclose Yunex Traffic Intellectual Property including base Source Code to any third party under any circumstances. This contract does not include developing a new product so there will not be any technical data developed or originating for this project. • Yunex Traffic will indemnify Customer only for third party claims against Customer to the extent damages are a direct result of Yunex Traffic's fault. Yunex Traffic must never be expected to indemnify another party for things outside of its control. • Further, Yunex Traffic must be promptly informed of any third-party claims and have full control of all defense decisions and outcome. • Yunex Traffic assumes that any liquidated damages and disincentives, if any and however defined, described or identified, are the sole and exclusive remedy for the related non-conformance, and that liquidated damages and disincentives shall never exceed an annual aggregate of 10% of the annual contract value. • Yunex Traffic assumes damages shall never exceed 100% of the contract price in the aggregate, and all indirect, consequential, special, incidental, punitive and similar damages are expressly waived by the Parties. • Yunex Traffic assumes that, where applicable, it will have full control of defending and resolving infringement claims. • Yunex Traffic may allow audits only 1)with reasonable notice, 2) at reasonable times, 3) for document specifically related to this project, but not including cost information. Information provided or obtained in the course of an audit, may not be removed, copied, transmitted, scanned, or photographed, or otherwise removed from Yunex premises. • Yunex Traffic assumes that all implied warranties not expressly agreed upon in the contract are waived. The remedies established in the warranty provision(s) shall be Customer's sole and exclusive remedies relating to warranty. • Yunex Traffic assumes that all rights and remedies of the Customer shall be expressly stated in the contract and shall be the sole and exclusive remedies of the Customer for claims arising from the contract. 31 rUNEX STANDARD SERVICE TERMS AND CONDITIONS 1. ��CABLE TERMS. ThisAgreementgoverns thesale and performance ofservicesprovidedby Yunex ("Services"). The Standard Terms Addenda, these terms, any other applicable eddunda. Yunex'a proposal, price quota. purchase order ur acknowledgement issued by Yunex form thaperUe�fina| agreama� (\�gn*emant�. |n the event of any ambiguity or conflict bobmoan these documents, poacadanoa ehoU apply in ocoundmnoo with the order written in the 'previous sentence. Yune/e pnopnsa|, offer or 000aptonna is conditioned on Buyer's acceptance.of this Agreement. Any additional or conflicting tanne in Buyer's request for pnopoua|, apenificetiono, purchase order or any other Written or onm} communication are not binding on Yunex unless separately signed by Yunex. YunmxAfoi|ure to objectto Buyer's additional or conflicting terms does, �notopete'as a waiver of the terms contained io this Agreement. 2. PRICING Q. PAYMENT. Prices and paymentterms are: (0mastated knYunax�e p ooa|. orif none are stated; (i0 Yunox's obandonj rates in effect when Yunex receives Buyer's purchase order; or if neither (0 nor (i0 apply, then Yunex's standard rates in effect when the Services are performed. (a) Payment Unless stated in Yunw/a proposal, all payments are due net thirty (30)'deyabom the invoice date in United States Dollars. (b) Credit Approval 'All orders are subject hocredit approvalby Yunex.Yunex may modify, suspend or withdraw the credit amount or payment tanno at any time. If there is doubt as to Buyer's financial nondition. Yunex may withhold performance of Services, require cash payments or advance paymanta, or require other satisfactory financial security before performance ofServices. (c) Taxes - Unless stated in'writing by Yunex, Yunex'o rates exclude charges for taxes, excises,, fees, duties or other government charges related to the Services. Buyer will pay these amounts or reimburse Yunex. If Buyer claims o tax orother exemption or direct payment permit, Buyer will provide avalid exemption certificate or permit and indemnify, defend and hold Yunex hann|eoo from any taxes, costs and penalties arising from same. Increases, changes (including in application), adjustments ur surcharges which may ba incurred are for Buyer's account, (d) Late Payments�'Late payments shall bear interest at an annual percentage rate of twelve percent(1296)or the highest rate allowed by law, whichever is lower. (e) Disputed Invoice - If Buyer.disputeu.aUcx any portion ofnn invoice, it must first deliver written notice to Yunex of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer totimely notify Yunex of any dispute constitutes a waiver of Buyer's claim� If Buyer only disputes a portion of the invoice Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute in favor of Yunex, Buyer must pa/ the invoice or the remainder of the invoice, plus any accrued interest on the late payment. UU Suspension/Termination Right ' Yunex may suspend Services if an undisputed invoice is more than fifteen (15) days pqot due. Yunex may terminate this Agreement if an undisputed invoice is more than thirty (30 days past due. Un|nou otherwise prohibited by |mw. Yunex may also terminate this Agreement immediately in-the avant of m mabaho| adverse changainthaBuye/sfinancia> condition. inc|uding. butnot|imitmdtobankruptcy. inoolvenny. nrliquidotion. 3. RISK OF LOSS AND SCHEDULE. Services shall be performed at the location identified'in the Agreement ("Site"). Risk*ofloss ufor damage ho Buyer's equipment, including "Equipment" (equipment, moteho|a, components and items of any kind for which Yunex is to provide Services under the A6reemont). ohu|| remain with Buyer at all times during the performance of the Services hereunder. If Buyer procures or has procured property damage- insurance applicable to occurrences at the Site, Buyer ohmU obtain o waiver by the insurers of all subrogation rights against Yunex. Any performance or completion dates are estimated dates only.. Yunex is not liable for any loss or expense incurred by Buyer or Buyers customers if Yunex fails to meet any such dates. 4. CANCELLATION. Buyer may msnua| this Agreement at mnyUmaon thirty (30) days written notice. Except for Yunex right to terminate in accordance with Article 2, either party may terminate this Agreement for material breach of the other pmrty, provided that the breaching party. has not remedied the breach or commenced to ouna the breach within a reasonable pehud, having due regard to the nature ofthe breach. In the event ufatermination or cancellation, unless the Agreement includes a defined termination or cancellation unhedu|e. Buyer is liable for nannaUsdiun ohorQey, including without limitation: (0 the full price for any completed Services; (ii) the o||onnb|e portion of the price as determined by Yunex l Yunex Services Standard Terms and Conditions 2/8/2022 32 for any partially completed Services, including reasonable overhead and profit, .(iii) reasonable demobi|iiation costs, and (iv) payments due bo subcontractors which cannot be:(1)cancelled without any payment obligafion;or(2) refunded. 6. FORCE K0AJEURE / DELAYS. |f either,party io unable bo perform or suffers delay in padbnnance, due to any cause beyond ibnoouonab|acontno| (regond|e000fwhatherthecouoawaaforeoeeab!m). iVdudingwithoud|imitationoctu of 8od, inclement or unusually severe weather conditions. strikes, labor shortage or dieturbance, fixa, acoident, war or civil disdurbenne, delays of carriers, cyber-attauka, terrorist attacks, haUuna of nomnu| sources of supply, or acts or inaction of government, the time of performance will be extended byo period equal to the |engthofUma � takes tnovercome the effect of the event. In addition, Yunex shall be entitled to.be compensated by Buy for-reasonable and direct additional costs incurred duhng such event. Yunex will notify Buyer within o reasonable time after becoming oxmana of any such event. If there are force majauna delays exceeding 180 days in the aggregata. Yunex may terminate the Agreement pursuant to Article 4. For the avoidance of doubt,failure to pay shall not constitute a force majeure delay, G. BUYER'S REQUIREMENTS. Yunex'e performance ia contingent upon Buyer Unlely complying with and fulfilling all of its obligations under this Agreement. These obligations include tha Buyer supplying all necessary ocoaoe to Equipment, where applicable, and all required "Third Pa�yPoda^ (paMe. oompona�s, equipment ormotahsdo provided by Buyer or that exist in the Equipment which were not manufactured or supplied by Yunex or which were originally supplied by Yunex and subsequently repaired, serviced or otherwise altered by any party not affiliated with Yunan), documents, pennda and approvals needed for Yunex to perform indudinQ, but not limited to, accurate technical information and data, drawing and document appnovme, and all necessary oonnnnencia| documentation. Buyer shall provide access to the Site as nemannob|y required by Yunex for the performance of the Services. Yunex may request a change order for an equitable acUunbnant in ph000 and times for performance, as well as to adjust for any additional coodunrnnyde|ayneou|tingfromthefai|ureofBuyar, Buyar'000ntnactuna. oucceeooro0r000ignnto meet these obligations or any other obligations in this Agreement. Buyer shall also maintain the Site. in m safe :condition,.notify Yunex promptly mf any site conditions requiring ,special mane, and provide Yunex with any available documents describing the quantity, nature, location and eoderd of such conditionm, including any Material Safety Data Sheets (yNSDS) related to all hazardous motoho|o 'at the Site which may impact the Services. 7. INDEMNITY. Yunex and Buyer (each as an 1nde nitor") shall indemnify, hold harmless and defend the'other ("Indemnitee") from and against all third party clai*ms alleging bodily injury,. death or damage to a third party's tangible property, but only to the extent caused by the Indemnitor or its subcontractor's negligent acts or omissions. If the injury or damage is caused by the parties'joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of negligence. No part of Buyers Site or property of Buyer(or Site Owner) is considered third party |ndemnitee shall provide the |ndemndor with prompt written notice of any third party claims covered by this Article. |ndemnitor has the unrestricted right to select d hire counsel, and the exclusive right to monduct,the legal defense and/or settle the dojm on the {ndemndee/o behalf. |ndemnitee shall not make any admission(m) which might be prejudicial to |ndemnitorondmha||notonterintoauett|amentvWthouttheexpreonpennioeionof|ndemnihor. 8. WARRANTY. (o)Yunex warrants that itViU perform the Services ina professional and workmanlike mannar. |fthe San/ioeo fail to meet the warranty standards set forth in this Article 8(a) within ninety (QD) days from completion of the Services ("Warranty Period^)., and Buyer promptly reports such non-conformance to,Yunex duhng the above mentioned Warranty Period, Yunex shall at its own expense re-perform the relevant Services or. in Yunex'o sole discretion, refund Buyer the pro rato portion of the fees paid to Yunex under this Agreement allocable to the nonconforming Services (the"Wamanty"). (b) Conditions to the Warranties. The Warranties are conditioned on:.(1) no repaha, modifications or alterations being made to the Equipment other than by Yumm or its authorized ; (ii) Buyer handling, using, storing, instaUing, operating and maintaining the Equipment i in �ny specifications attached to, or incorporated into thisAgreement, 0i) or in the absence of such conditions, parameters"or instructions ortothe extent not applicable, in accordance with'the generally'accepted industry standards applicable in the |ona|o where the Services are being performed and having regard to the nature of the Services; (iv) Buyer discontinuing use of the Equipment after it has, or should have had knowledge of any defect in the-Equipment; (v) Buyer providing Yunex with nyoonnab|o aoneau to operating and maintenance data as requested by Yunex. (which may include secure broadband connection). Without expense to Yunmx. Buyer shall provide to Yunex and Yunax'a subcontractors and their respective employees and agents on a twenty four (24) hours a day, seven (7) days.a mmak basis, access to the Site, and each unit. including rights of way and easements required for safe aooemm of such persons and aquipmant, as, well as, to the extent app|icob)*, online access to the Site, including to on installed nemnba monitoring system and to all unito, as necessary to permit Yunex to perform the Services.,* (vi) Equipment not having been subjected to accident (including force majeuno), a|toration, abuse or misuse; and (vii) Buyer not being in default of any 2 Yunex Services Standard 7e/um and Conditions 2/23/2822 33 payment obligation. Buyer shall pmvde, without cost to Yunex, access to the nonconformity by disassembling, nammving, replacing and reinstalling any Equipment, mob»ho|o or structures to the extent necessary to permitYunax to perform its warranty obligations. (c) Exclusions from Warranty Coverage. The Warranties do not apply to any Third Party Parts or Equipment or to services not performed by`yunex pursuant to this Agreement. Yunex will have no liability ho Buyer under any legal theory for such Third Party Parts, Equipment, services or any related assignment of warranties. (d) Warranty Notice. Buyer must provide written notice of any o|oimo for breach of Warranty within the applicable Warranty Period. AdditionoUy, absent written notice within the VVanonhy Period, any use of the Equipment after expiration of the Warranty Period is conclusive evidence that the Warranties have been satisfied. (e) Remedies. Buyer's sole and exclusive remedies for breach mf the Warranties are limited, atYunex's discretion, to re- performance of the non-conforming portion of the Services, within o reasonable time period, or refund of all or part ofthe purchase price. The warranty on re-performed 2omineo in limited to the remainder of the original VVononty Period. Unless Yunex agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) transportation to and from the Yunex factory or repair facility; and (ii) damage to Equipment components or parts resulting in whole orin part from non-compliance by the Buyer with Article 8(b)or from their deteriorated condition. (f) THE WARRANTIES IN THIS ARTICLE 8 ARE YUNEX'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 9 BELOW. YUNEX .MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,COURSE OF DEALING AND USAGE @FTRADE. NL LIMITATION OFLIABILITY. NOTWITHSTANDING ANYTHING |N THIS AGREEMENT TO THE CONTRARY, YUNEX IS NOT UABLE, WHETHER BASED -IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHERLEGAL DR EQUITABLE THEORY, FOR: LOSS DF USE, REVENUE, SAVINGS, PROFIT, INTEREST, GOODWILL OROPPORTUNITY, LOSS OF PRODUCT|ON, COSTS OF CAP!TAL, COSTS OF REPLACEMENT ORSUBSTITUTE USE OR PERFORMANCE. LOSS OF INFORMATION AND DATA, LOSS OF POWER, VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER'S THIRD PARTY CC)NTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, UQUiD/TED, PUN|T|VE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER LOSS OR COST DFAS|M|LAIR TYPE. YUNEX'S MAXIMUM LIABILITY UNDER THIS AGREEMENT UNDER ANY THEORY OF RECOVERY, WHETHER BASED IN CONTRACT. IN TORT (INCLUDING NEGLIGENCE AND STRICT Lk&B|L|TY), UNDER WARRANTY, INDEMNITY OR DTHERVVSE, SHALL NOT EXCEED THE TOTAL PRICE PAID TO YUNEX UNDER THIS AGREEMENT. BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 9V0LL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT WHETHER OR NOT ANY ORALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE L|K8|l7AlONS OF LIABILITY ARE EFFECTIVE EVEN IF YUNEX HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND L|K8|l7g'|ON8 ON LIABILITY EXPRESSED IN THIS ARTICLE 9 EXTEND TO YUNEX'8 AFFILIATES, PARTNERS, PR|NC|PALS, SHAREHC>L0ERS, D|RECTDRS, OFF|CERG, EMPLOYEES, SUBCONTRACTORS,AGENTS AND SUCCESSORS AND ASSIGNS DFYUNEX. FOR THE AVOIDANCE OF DOUBT, IN THE EVENT THAT PHYSICAL LOSS OR DAMAGE TO THE BUYER'S PROPERTY RESULTS FROM THE FAILURE OF APORT|ON OF THE SERVICES TO CONFORM TO ITS RESPECTIVE WARRANTY DURING THE APPLICABLE WARRANTY PERIOD YUNEX'S LIABILITY SHALL IN NO CASE EXCEED YUNEX'S OBLIGATION TO PERFORM THE REMEDIES SPECIFIED IN ARTICLE 8, AS APPLICABLE, WHICH YUNEX WOULD HAVE HAD TO PERFORM IF SUCH REMEDY HAD BEEN CARRIED OUT IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE PHYSICAL LOSS UR DAMAGE. 10. INTELLECTUAL PROPERTY. Yunexwi||. at its own option and expenoe, defend or settle any suit orproceeding brought against Buyer based on an allegation that any processes performed by \'uoex in connection with the Services constitutes an infhngement of any Patent Cooperation Treaty ("PCT" country member's patent oc misappropriation ofuthiodpady'stnade secret orcopyright in the country where the Buyer's Site iolocated. Buyer will promptly give Yunax written notice of the suit orproceeding and the outhorih/, infomnodion, and assistance needed to defend the claims. Yunex shall have full and exclusive 3 Ymnux Services Standard Iorn/o and Conditions 2/23/2022 34 authority to defend and settle such claim and will pay the damages and costs awarded against Yunex in any suit or proceeding so defended. Buyer shall not make any admission(s) which might be prejudicial to Yunex and shall not enter into a settlement without Yunex's consent. If and to the extent any process performed by Yunex in connection with the Services as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Yunex will, at its option and expense, either: (i) procure for Buyer the right to continue using said process; (ii) replace it with substantially equivalent non-infringing process; or(iii) modify the process so it's use is non-infringing. Yunex will have no duty or obligation under this Article 10 if the process is: (i) performed according to Buyer's design or instructions and compliance therewith has caused Yunex to deviate from its normal course of performance; (ii) modified by Buyer or its contractors after performance; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against Yunex, Buyer must protect Yunex in the same manner and to the same extent that Yunex has agreed to protect Buyer under this Article 10. THIS ARTICLE 10 IS AN EXCLUSIVE STATEMENT OF YUNEX'S DUTIES AND BUYER'S REMEDIES RELATING TO PATENTS,TRADE SECRETS AND COPYRIGHTS,AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF. 11. CONFIDENTIALITY. (a) Both during and after the term of this Agreement, the parties will treat as confidential all information obtained from the disclosing party and all information compiled or generated by the disclosing party under this Agreement for the receiving party, including but not limited to business information, the quotation, the Agreement, processes and procedures, know- how, methods and techniques employed by Yunex in connection with the Services, technical data, drawings, flow charts, program listings, software code, and other software, plans and projections. Neither party may disclose or refer to the Services to be performed under this Agreement in any manner that identifies the other party without advance written permission. Except for security surveillance, the observing or recording of the Services or any part thereof, whether by photographic, video or audio devices or in any other manner is prohibited. In the event any such prohibited observation or recording occurs, Yunex may (in addition to any other legal or equitable rights and remedies) stop the Services until Yunex has satisfied itself that the prohibited conduct has ceased, and in such event (a) the date of delivery or time for performance will be extended by a period of time which Yunex determines necessary and (b) Buyer will reimburse Yunex for Yunex's and its Suppliers' additional costs and expenses resulting from such delay, including but not limited to any for demobilization or remobilization. Unless required by appropriate governmental authorities, neither party shall, without the prior written consent of the other party, issue any public statement, press release, publicity hand-out or other material relating to the Services performed on Buyer's Site or Equipment. However, Yunex has the right to share confidential information with its affiliate and subcontractors provided those recipients are subject to the same confidentiality obligations set forth herein. (b) Nothing in this Agreement requires a party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving party; (ii) is disclosed to the receiving party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii)was previously known to the receiving party, without obligation of confidentiality,which fact can be demonstrated by means of documents which are in the possession of the receiving party upon the date of this Agreement; or (iv) was independently developed by receiving party or its representatives, as evidenced by written records,without the use of discloser's confidential information, or(v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the party required to disclose by law will promptly advise the originating party of any requirement to make such disclosure to allow the originating party the opportunity to obtain a protective order and assist the originating party in so doing. (c) It is Yunex's policy not to unlawfully or improperly receive or use confidential information, including trade secrets, belonging to others. This policy precludes Yunex from obtaining, directly or indirectly from any employee, contractor, or other individual rendering services to Yunex confidential information of a prior employer, client or any other person which such employee, contractor, or individual is under an obligation not to disclose. Buyer agrees to abide by this policy. (d) Yunex shall retain all intellectual property rights in the Services, works, Yunex's documents, processes, Yunex's confidential information, and any design information and/or documents made by(or on behalf of)Yunex. Upon receipt of all fees, expenses and taxes due in respect of the relevant Services, Yunex grants to the Buyer a non-transferable, non- exclusive, royalty-free license to copy, use and communicate Yunex's documents for the sole purpose of operation and maintenance of the facility upon which the Services have been performed. 12. COMPLIANCE WITH LAWS. The parties agree to comply with all applicable laws and regulations. 13. CHANGES IN SERVICES. No change will be made to the scope of Services unless Buyer and Yunex agree in 4 Yunex Services Standard Terms and Conditions 2/23/2022 35 writing to the change and any resulting price, schedule or other contractual modifications. If any change to any law, rule, nagulation, onder, uode, standard or requirement impacts Yunmx'o obligations or performance under this A0reament. Yunex shall be entitled to a change order for an equitable adjustment in the price and time of performance. 14. NON-WAIVER. Any waiver by a party of strict compliance with this Agreement must be in writing, and any failure by the parties to require strict compliance in one instance will not waive its right to insist on strict compliance thereafter. 16. MODIFICATION OFTERMS. These terms may only be modified by a written instrument signed by authorized representatives uf both parties. 16 ASSIGNMENT. Neither party may assign all or port of this Agraemant, or any rights or obligations under this Agreement without the prior written consent of the other; but either party may assign its rights and ob|iQoUono. Without recourse or consent to, any parent, wholly owned subsidiary or affiliate or affiliate's successor organization (whether as a result ofreorganization, restructuring or sale of substantially all ofaparty's assets). Hmwe*mr. Buyer shall not assign this Agreement to o competitor of Yunex; an entity in litigation with Yunex; or on entity lacking the financial capability to uoUw h/ Buyer's obligations. Any assignee expressly assumes the pe�onnonma of any obligation assigned. Yunex may . grant m security interest in this Agreement andlor assign proceeds of this Agreement Without Buyer's consent. 17. APPLICABLE LAW AND JURISDICTION. This Agreement is governed by and construed in accordance with the |mvwy of the State of Delaware, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Go|e of Goode is excluded. BOTH YUNEX AND BUYER KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED |N ANY WAY TO THIS AGREEMENT. Each party agrees that o|ai'no and disputes ahningout of this Agreement must be decided exclusively ino federal oru�teoou� of competent]uhodic�ionlocated ine state in which either Buyer or Yunex maintains its, principal place of business. Each party submits to the personal jurisdiction of such courts for the purpose of litigating any claims ordisputes. 18' SEVERAENL|Ty. If any provision ' ion of this Agreement is held invalid, illegal or uhenfbnceab|e, the remaining provisions Will not in any way be oMedod or impaired. /\ court may modify the inva|id, illegal or unenforceable provision to e0oot, no closely ou possible,the parties'original intent. 18. EXPORT/IMPORT COMPLIANCE. Buyer acknowledges that Yunex is required to comply with applicable expod/inopod )mms and regulations relating to the sale, export, impod. Lnanafer, aemignment, disposal and use of goods or information provided in the performance of the Sen/icee, including any export/import license requirements. Buyer egraae that such goods or information shall not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any axpohrimport |ovs and regulations. Yunex's continuing performance hereunder is conditioned on compliance with such exportAmport laws and regulations at all times. 20. SURVIVAL. The Articles entitled "Intellectual Property," "Limitation of Liability," "Indemnity", "Confidentiality," "Risk of Loss and Schedule," "Export/Import Compliance," and "Nuclear" survive any ianninoton, expiration or cancellation of this Agreement. 21. SITE SAFETY. Buyer shall comply With all federal, state, and local safety regulations and standards applicable to the Site and to the Equipment unwhich Yunex will perform the Services. Yunex uho|| not be,obligated to commence or perform Services unless Buyer's Site complies With all applicable safety requirements. |o the event Buyer's Site safety io non- compliant,Yunex may suspend the Services until such time as Buyer corrects the non-compliance.To the extent Yunex incurs additional time and expense as the result of B non-compliance, Yunex shall be entitled to an equitable adjustment in the schedule, price and other affected provisions of the Agreement. 23' ENVIRONMENTAL COMPLIANCE. To the extent that the pmrhznnonue of Services at the Site may involve the generation of hazardous waste as such term is defined in the Resource Conservation and Recovery Act (42 U.S.C. 6901, at seq.), the laws of the state in which the Site is located and the nm|ea or regulations issued thereunder as are now in effect or hereafter amended from time to time (such generated hazardous waste being herein referred to as "Hazardous VVoote") shall apply. Buyer shall at its expense and in accordance with all applicable federal, state and local |ovs, nu|om, regulations and ordinances (i)furnish Yunex with containers for Hazardous Waste, (il)designate a storage area at the Site proximate to the Services where such containers are to be placed; and (iii) hond|o, store and dispose, of Hazardous VVauu*. Buyer aho|| reimburse Yunex for additional costs, if any, incurred in complying with any such |avws, regulations, rules and/or ordinances. Yunex uhn|| have no responsibility or liability With regard to any Hazardous VVnoba which it does not know or have reason to know Will be generated or na|aaoed in the performance of the Services, and Buyer shall indemnify and hold 5 Yunex Services Standard Terms and Conditions 2/23/2022 36 Yunex harmless for all damages, losses, costs, liabilities, fines and penalties, (including reasonable attorneys' fees) related to pollution and environmental impairment arising from the Buyer's property,the Equipment or the Services. 24. ASBESTOS The terms "Asbestos" and "Presumed Asbestos Containing Material" shall have the meanings set forth in United States Code of Federal Regulations Chapter 29 Section CFR 1926.1101 et seq., and "ACM" shall mean Asbestos and Asbestos containing materials. (1) The Buyer warrants and represents that, in any areas which may be accessed by Yunex or its Suppliers, any ACM which is or is contained in thermal insulation or sprayed-on surfacing material is conspicuously and specifically marked as ACM, and any other ACM is in a lawful condition. (2) Prior to Yunex's commencement of Services at any Site: (a) The Buyer shall, at Buyer's expense remove all thermal insulation, sprayed-on surfacing material, and/or Presumed Asbestos Containing Material (any or all of the foregoing hereinafter "PACM"), 'and ACM which may be disturbed during or removal of which is required for the performance of the Services; and, (b) The Buyer shah ensure that any areas where any activities involving the abatement or removal of PACM or ACM shall be conspicuously identified, posted and isolated, all as required by applicable law. BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, IN PERFORMING THE SERVICES AND DISPATCHING EMPLOYEES TO WORK AREAS, YUNEX IS RELYING UPON THE AGREEMENTS, WARRANTIES, AND REPRESENTATIONS MADE BY BUYER IN THIS ARTICLE 24. Without limiting its other rights and remedies, Yunex (i) shall not be obligated to commence, and may stop any affected Services, unless and until it is fully satisfied that the Buyer is in compliance with this Article 24, and (ii) shall be entitled to an equitable adjustment in the schedule, price and other provisions of the Agreement resulting from Buyer's non-compliance. (3) In no event shall Yunex be obligated to install, disturb, handle, or remove any PACM. (4) Yunex makes no representation that it is licensed to abate ACM. (5) Buyer shall defend, indemnify and hold Yunex harmless against any and all claims, demands, damages, losses, liabilities,fines, penalties, costs or expenses, including without limitation any clean up or remedial measures arising out of, connected with, or resulting from the Buyer's failure to comply with the provisions of this Article 24. 25. THIRD PARTY PARTS Buyer warrants that any and all Third Party Parts which may be the subject of any Services shall (a) be fully compatible with the corresponding part, component, equipment or material of the Original Equipment Manufacturer("OEM") in terms of form, fit, and function; (b) shall be timely provided to Yunex hereunder; and (c) shall be capable of installation in the same manner and within the same time as the corresponding OEM part, component, equipment, or material. 6 Yunex Services Standard Terms and Conditions 2/23/2022 37 THIS DELEGATION ONLY APPLIES TO YUNEX, LLC.ALL CONTRACTS, BIDS, CERTIFICATES,AFFIDAVITS OR ANCILLARY DOCUMENTS TO BE SIGNED ON BEHALF OF SIEMENS MOBILITY, INC. MUST BE SIGNED BY RODNEY MATHIS AND DIRK RAUBER WITHOUT EXCEPTION DELEGATION OF APPROVAL AUTHORITY FROM PRESIDENT ROBNEY&8ATHlS AND CFO DIRK RAUBER YUNEX, LLC. A. The undersigned Rodney Mathis, President and Dirk Rauber, CFO of the Yunex, LLC. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested on President and CFO to sign or countersign and otherwisee-oxeouho in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidaWba or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LcAguidelines and grants of release for and on behalf of the Corporation,do hereby delegate to and acknowledge that the following pomon(o)may exercise such authority for and on our behalf uptd$3miUion. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Nome/PoaOion\ (Name/Position) JoskananDhimanSingh Manager, Procurement B. It is further that the following individuals are,hereby authorized to sign or countersign and otherwise execute in the name,or on behalf of the Corporation,the same documents as referenced in paragraph A, up to-and including a transactional limit of$1,500,000. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finmhoe/Contna Support Function (Name/Position) (Name/Position) Michael Gaertner Aocha| 8anoa| Oinednr. PLK8/R&D Commercial Manager, Service GnuthamLingoonogoh CnaigDebevoioo ' Head nf Bids &Projects Commercial Manager, Products Nils Soyke Manuel,]uioViUernee| Project Man ager Commencia| Project Manager Steve Teal Marina Bergman Director,Service Commercial Manager, Projects JnnRing|ar HudmnSaagnen V.P.Sa|eo Controller/Head ofAccounting John Cane V.P. Operations, C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name,cv on behalf of the Corporation,thesame documents anreferenced in paragraph A, up to and including o transactional-limit of$500.000. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph /\' limited hz the monetary amount stated in this paragraph. Page of Restricted ' 38 AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Positionj Michael Hutchens James Barker Operations Manager Commercial Project Manager VonkohonhJodhav Claudia Thiele Project Manager Commercial Project Manager GaryKoohotknv Project Manager SeriyNah|i Project Manager Scott McCarthy Material Manager Del Nichols Project Manager Cadoto Oteyza Hafner Project ma/mHe: ClintGchucke Operations Manager MejoahThomoa Project Manager William Tucker Operations Manager. JingchengVVu Technical Project Manager D. It is further following individuals are hereby authorized tosign or countersignand otherwise execute in the name, or on behalf of the Corporation,the same documents as they are referenced in paragraph A, up to and including a transactional limit of$100,000. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Finance/Central Support Function (Name/Position) (Name/Position) Ali Aga, JoshSpandiory . Project Manager Commercial Service Manager JoohuaFenao Frank Werner Service Account Manager Commercial Service Manager Deana Flynn PetarThom|ey Service Account Manager SCyWExpert Michelle Flynn Service Account Manager Candace Gallaher Service Account Manager Diana Johnson Bid Manager Joshua Lippincott Service Account Manager Robert Paquette Sales Manager Jeffrey Pierce Service Account Manager Page 2of3 Restricted 0 E. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D,and E are binding upon the Corporation. F. It is further acknowledged that any delegate's authority extends only to the scope and extent of the delegate's respective job responsibilities. For instance, a project manager's delegation extends only to the limits described herein and only to the project(s)for which the delegate has responsibility. G. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions,whom shall have the requisite signature authority to be legally binding upon the Corporation. H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority,hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution: J. Any prior versions of this Delegation of Authority policy are void. IN WITNESS WHEREOF,we have hereunto subscribed our names and affixed the corporate seal of the said company, as of the 21sI day of February 2022. Mathis DN MnRMoR ,n ey o=Siemens,Rodney Date:20220y2211,Q50:t3-06'00'm Rodney Mathis President Yunex, LLC. Digitally signed by Yfr— ;\Rauber Dirk Date:2022.02.21 08:5.:16-08'00' Dirk Rauber CFO Yunex, LLC. CERTIFICATE I, Pamela Brickner, certify that I am the Secretary of Yunex, LLC, that Rodney Mathis and Dirk Rauber who signed this agreement for this corporation, were then President and Managing Director USA and Managing Director Finance USA of this corporation; and this agreement was duly signed for and on behalf of this limited liability company by authority of its governing body and within the scope of its corporate powers. Witness my hand and seal of this corporation on this 21st clay of February 2022. Bric Cner DN0YBd6 ebPemeaac z. o=Siemens By. aa=pamelaLriG@sl meremensom (COR emSEAL) ixrcv SEAL V 2021 tttttt, nmlaaa ```,`` `' 'ff`'ffl/lllllxl'1111111j11``` Page 3 of 3 Restricted 40 Yunex Traffic Response j RFP 22-004 Section 3 Price Proposal 41 EXHIBIT "B" PRICE PROPOSAL FORM (Pagel of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 1. The Contractor shall charge the prevailing rental rate, to the City on all standard construction equipment. The following specialized traffic light equipment shall be charged to the lesser of the prevailing rental rate for the City or the following designated cost per hour: Equipment Price Per hour Bucket Truck $ 33 Dollars 00 Cents Written amount: Thirty Three Dollars and 00/100 Cents Lift Truck $ 33 Dollars 00 Cents Written amount: Thirty Three Dollars and 00/100 Cents Auger/Crane Truck $ 240 Dollars 00 Cents Written amount: Two Hundred Forty Dollars and 00/100 Cents Service Vehicle $ 33 Dollars. 00 Cents Written amount: Thirty Three Dollars and 00/100 Cents 2. Lump sum amount for monthly maintenance for all items listed on EXHIBIT C: Dollar and Cents $ 3,514 Dollars 00 Cents Written Three Thousand Five Hundred Fourteen Dollars and 00/100 Cents amount: (continued next page) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 31 EXHIBIT "B" PRICE PROPOSAL FORM (Page 2 of 4). RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 3. Lump sum amount for annual maintenance for all items listed on EXHIBIT C: (Bid Item number 2 amount multiplied by twelve (12) months). Dollar and Cents $ 42,168 Dollars 00 Cents Written nt: Forty Two Thousand One Hundred Sixty Eight Dollars and 00/100 Cents amou 4. Man-hour rate to be charged for service during business hours (Monday-Friday, 7:00 AM to 5:00 PM): Dollar and Cents $ 113 Dollars 00 Cents - Written One Hundred Thirteen Dollars and 00/100 Cents amount: 5. Man-hour rate to be charged for service during non-business hours & holidays: (After 5:00 PM and before 7:00 AM, including weekends and holidays): Dollar and Cents $ 134 Dollars 00 Cents Written One Hundred Thirty Four Dollars and 00/100 Cents amount: (continued next page) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 32 EXHIBIT "B" PRICE PROPOSAL FORM (Page 3 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 6. Man-hour rate per hour for regular time emergency maintenance (Monday-Friday, 7:00 AM to 5:00 PM): Dollar and Cents $ 113 Dollars 00 Cents Written One Hundred Thirteen Dollars and 00/100 Cents amount: 7. Man-hour rate per hour for overtime emergency maintenance (After 5:00 PM and before 7:00 AM, including weekends and holidays): Dollar and Cents $ 134 Dollars 00 Cents Written amount: One Hundred Thirty Four Dollars and 00/100 Cents 8. Man-hour rate per hour for new equipment installation: Dollar and Cents $ 113 Dollars 00 Cents Written amount: One Hundred Thirteen Dollars and 00/100 Cents (continued next page) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 33 EXHIBIT "B" PRICE PROPOSAL FORM (Page 4 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM. CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 9. Mark-up or discount offered for parts: 25 % Mark-up or N/A %Discount 10.a) Response Time for Service during business hours: 1 hour minutes/hours b) Response Time for Service during non-business hours: 2 hours minutes/hours 11.Contractor offers 24-hour live dispatch: X Yes No The City reserves the right to delete any portion of the bid items above in order to meet budget constraints. Yunex,LLC Company Name EC13008729 Contractor's License Number Joshua Lippincott Authorized Officer(print) Authorized Signature 05/24/2022 Date RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 34 Yunex Traffic Response j RFP 22-004 Section 4 - Other Required Content 46 20. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) NONE 21. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. I Dated 5/17/2022 No. 2 Dated 5/23/2022 No. Dated 22. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: NONE (Attach additional sheets if necessary) By submitting a proposal, the Respondent certifies that it has investigated any subcontractor/temporary worker agency listed and has received and has in the Respondent's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 20 ExhYbit °D" DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that it has a drug- free workplace program. |n order to have o drug-free workplace program, a business shall: 1. Publish a statement notifying, employees ,.that the unlawful manufacture, distribution, dispensing, ' or Use. of controlled substance is iO the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse |n the workplace, the business's policy of maintaining a drug-free workplace,and available drug counseling,rehabilitation, and employee assistance programs-, and the penalties that may be imposed upon employees for drug abuse V1O|8hons. 3. Give each employee the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the state. e . 8 hiO�VbG�� oO/1\ D '—° theeDlp| � |h@L8s a condition wor king on the coRlKloditiEsOr contractual services that are under bid,. the employee will abide bvthe tanne of the statement and will notify the employer of any conviction of, or pleas of guilty or noko nontendere to, any violation of Chopte[8Q3 or of any controlled substance |mvv of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose sanction on, or require the satisfactory participation iD8 drug abuse assistance or rehabilitation pnogcerOie-ouohiaavai|ob|einthe employee's community, by any employee who ioeoconvicted. O. Make o good fo�h effort to continue to maintain o through implementation of this section. AS the person authorized to sign the statement, | certify that this firm complies fully with the above requirements. Bidder: 'unux LLc, Signature By: Joshua Lippincott (Print or Type Name) Title: Regional Operations Supervisor Date 05u4/.2022 RFP#22'0O4 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE|NCL PRE-EVENT FEDERAL 36 EXHIBIT "E" SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Ocoee, Florida by Yunex,LLC (Entity) by Joshua Lippincott,Regional Operations Supervisor (Print individual's Name &Title) whose business address is 8225 Bee Cave Road,Building B,Suite 201,Austin TX 78733 2. I understand that a"public entity crime" as defined in Paragraph 287.133(1)(g),Florida Statutes,means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency,or political subdivision of any other state or with the United States,including,but not limited to,any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust,fraud,theft,bribery, collusion,racketeering, conspiracy, or material representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime,with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,as a result of a jury verdict,non-jury trial,or entry of a plea of guilty or nolo contendere. 4. I understand that an"affiliate" as defined in Paragraph 287.133(1)(a),Florida Statutes,means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term"affiliate"includes those officers, directors,executives,partners,shareholders,employees,members,and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a"person" as defined in Paragraph 287.133(1)(e),Florida Statutes,means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees,members, and agents who are active in management of an entity. 6. Based on information and belief,the statement I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE I NCL PRE-EVENT FEDERAL 37 • • • .___Neither the entity subntittine Ibis s"nt statement. or one or more. of its officers directors, exccittiyes, p;u1ners, sltrchoIders. employees. members, or agents who are active in management of the entity.nor;sly affiliate oldie entity have been charged with and convicted ofa Public cntit crime subsequent.io July 1. 1989; —_--the entity subnlittit this sworn statement;or one or more oldie officers,directors.executives. partners, shareholders. employees. members, or agents who are active in management of the entity.OF an affiliate of this emits has been charged with and convicted of a public entity crime subsequent to July I. 1989. the entity submitting this sworn statement,or one or more of the officers,directors.executives, partners, shareholders, employees, members. or agents who arc active in management of the entity,or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to Jule 1, 1989. However,there has been a subsequent proceeding concerning the conviction before a I Icaring Officer of the State of Florida,Division of Administrative Hearings. The final order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Please attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC.ENTITY IDENTIFIED IN PAR,\GRAPII I (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND.THAT THIS FORM IS VALID TI-IROUGH 65n412022 I ALSO UNDERSTAND -THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING; INTO A CONTRACT IN EXCESS OF THE TIIRESHOLD AMOUNT PROVIDED I? SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. / G. • (Signature) _�---- Date: 05/2412022 . , Yunex.LLC Name of Bidder(Contractor) STATE OF Ficnla • C OUN`TY O1 .Pasco PERSONALLY APPEARED BEFORE ME,the undersigned authority. Joshua Lippin oa —..,.____ ____.who.after lirst being sworn by me. (Name of Individual Signing) affixed his/her sienature in the place provided above on this 24tn day of May__ 1022 Notary Public s. _ _^ ANGELA MOREAU iylyConunissionExpi s: June 2t_2024 Notary Public•Stato of Florida 410 • Commission a HH 12959 • %„,, My Commission Expires " June 21,2020 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRELEVENT FEDERAL EXHIBIT "F" CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees_to perform their services at any location,under this control,where segregated facilities are maintained.The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained.The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, • transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that(except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provisions of the Equal Opportunity clause,and that he will retain such certifications in his,files. Governing Law: The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date May 24 ,2022 By: Joshua Lippincott. Regional Operations Supervisor (Title) Official Address (including Zip Code): 8225 Bee Cave Road,Building B,Suite 201 Austin,TX 78733 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 39 EXHIBIT "G" Certification Regarding Scrutinized Companies Lists The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List,not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defmed in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Name of Respondent: Yunex,LLC By: (/ (Authorized Signature) Title: Regional Operations Manager Date: 05/24/2022 / RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 40 EXHIBIT "H" CERTIFICATION OF NONDISCRIMINATORY LABOR PRACTICES . This certification relates to a construction contract proposed by the City of Ocoee Equal Opportunity Employment: The Contractor shall not discriminate on the basis of race, color, national origin, gender, age, handicapped status, veteran status, and/or religion in performing the work governed by this contract. The City is an Equal Opportunity Employer (EOE)and as such encourages all contractors to comply with EOE regulations. Any subcontract the Contractor may enter into shall include this clause with the same degree of application being encouraged. I am the undersigned prospective construction contractor or subcontractor. I certify that: (1) I x have/ have not participated in a previous contract or subcontract subject to the Equal Opportunity Clause and (2) if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause, I. x have/ have not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I understand that, if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause and have failed to file all reports due under the applicable filing requirements, I am not eligible,and will not be eligible,to have my bid or offer considered,or to enter into the proposed contract or subcontract, unless- and until I make an arrangement regarding such reports that is satisfactory to the office where the reports are required to be filed. I agree that I will obtain identical certifications from prospective lower-tier sub-contractors when 1 receive bids or offers or initiate negotiations for any lower-tier construction subcontracts with a price exceeding $10,000. I also agree that I will retain such certifications in my files. Date May 24 , 20 22 . By: (Signature of Authorized Official) Yunex,LLC (Name of Prospective Construction Contractor or Subcontractor) 8225 Bee Cave Road,Building B,Suite 201,Austin TX 78733 (Address of Prospective Construction Contractor or Subcontractor) 346-302-5160 86-2136678 (Telephone Number) (Employer Identification Number) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 41 • ExilIui r"I" NON-COLLUSION AFFIDAVIT STATE OF Honda COUNTY OF Pasco Joshua Lippincott .being first duly swore deposes and says: I. Ne(ii)is the -Representative (Owner, Partner:Office.Representative or Agent) • of Yunei.LLC , the Bidder that has submitted the attached Bid: __. '_. I le is fully intitrined respecting the preparation and contents of the attaehcd Bid and of all pertinent circumstances respecting such Bid; Such Bid is genuine and is nut a collusive or sham Bid: 4. Neither the said Bidder nor any of its officers,partners,owners,agents,representatives.employees.or parties.in interest, including this affidavit,have in any way.colluded,conspired.connived or agreed,directly or indirectly, with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted:or to refrains from bidding in connection with such Contract:or have in any manner.directly or indirectly.souuht by agreement or collusion,or communication.or conference with any Bidder. tine.or person to fix die price or prices in the attached Bid or of any other Bidder,'or to fix any overhead.profit, or cost elements of the Bid price or the Bid price in any other Bidder, or to secure through any collusion. conspiracy,connivance,or unlawful agreement any advantage against(Recipient),or any person interested in the proposed Contract: 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion.conspiracy, connivance.or unlawful agreement on the part of the Bidder or any other of its agents.representatives.owners. employees or parties in interest,including this affidavit. C/ v' • By: • l ille: Regional Operations Supervisor 2022 Sworn and subscribed to before me this 24 day of May ,=410S,in the State of Florida ^�- .City of Holiday • AyAkt..• Nutary Public My Commission Expires: 06/212024 r ANGELA MOREAU %Notary Public-State of Florida E•OF •S Commission a HH 12959 . ?q�esr My Commission Expires Juno 21,2024 • RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL.PREEVENT FEDERAL a . , EXHIBIT "J" BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION The undersigned,[Company] Yunex,LLC certifies, to the best of his or her knowledge,that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor, [Company] Yunex,LLC , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,apply to this certification and disclosure,if any. r_11.A 4113 V 2. Signature of Contractor's Authorized Official Joshua Lippincott,Regional Operations Supervisor Name and Title of Contractor's Authorized Official 05/24/2022 Date RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 43 EXHIBIT"K" RFP CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, or any FEMA, FHWA,FDOT employee, who owns assets or capital stock, directly or indirectly,in the Respondent's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services,Respondent agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term"conflict of interest"."means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction,research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: x To the best of our knowledge,the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm,by attachment to this form,submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: Yunex,LLC Firm Name �Jy n `_ /ff Signature l/ v Joshua Lippincott,Regional Operations Supervisor Name and Title(Print or Type) 05/24/2022 Date RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 44 • • Exhibit•'I." REP 022-004 COMPANY INFORMATION'5; SIGNATURE SIIEF;I' FAILURE TO COMPLY.WITH THESE RIP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. PLEASE SION (BELOW ATTE.SIING "LIIAI YOU HAVE READ AND • UNDERSTAND AI..L.REP INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE"SCOPE OF \PORK(. FEE RATES PROPOSAL FORA" ARE ACCURATE AND WITHOUT COLLUSION. THE RESPONDENT FURTHER ES TO'COMPLY WITH Al.I.. FEDERAL REQUIREMENTS IN "I IIF •PERFORMANCE OF THIS CONTRA('(. Yunex,LLC 346-302-5160 COMPANY NAME T -- TELEPHONE(INCLUDE AREA CODE:) NIA FAX (INCLUDE AREA CODE)T _ Joshua hppincott@yunextrafic.com • 1:/ il., E-MAIL ADDRESS • IF REMITFANCE ADDRESS IS.DIFFERENT AUTHORIZED SIGNATURE(manual) FROM.PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: Joshua Lippincott,Regional Operations Supervisor NA.IE/TITLE(PLEASE PRINT) 5024 N 56:11 Street STREET ADDRESS Tampa Florida 33610 CITY STATE ZIP • FEDERAL ID 66-2136776 Individual: X Corporation; _Partnership: Other(Specify)_ Sworn to and subscribed before me this 24th day of May :p 22 • Personally Known x - or • Produced Identification • Notary Public-State of FL County of Pasco (Type°I-Identification) • • Signaiu of Notary Public ANGELA'MOREAU Angela Moreau; Notary Public-State of Florida ! •; Commission I HH 12959 Printed.typed or stamped • My Commission Expires June 21.2024 Commissioned name Of Notary Public RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL Document A310TM -- 2010 Conforms with The American Institute of Architects AIA Document 310 Bond Number: 79434-ZUR-22-03 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal place of business) Yunex LLC Fidelity and Deposit Company of Maryland 1299 Zurich Way,5th Floor 9225 Bee Cave Road,Suite 201 Schaumburg,IL 60196-1056 This document has important legal Austin,TX 78733 State of Inc: Illinois consequences.Consultation with OWNER: an attorney is encouraged with (Nate,legal status and address) respect to its-completion or City of Ocoee modification. 150 North Lakeshore Dr. Ocoee,FL 34761 Any singular reference to Contractor,Surety,Owner or other party shall be considered BOND AMOUNT: One Thousand and 00/100 Dollars($1,000.00) plural where applicable. PROJECT: (Name,location or address,and Project number,if any) RFP#22-004-Traffic Signal Management&Maintenance The Contractor and Surety arc bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either(1)enters into a contract with the Owner in-accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or(2)pays to the Owner the difference, not to exceed the amount of this Bond,between the amount specified in said bid arid such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 16th day of May , 2022 Yunex LLC j (Witness) (Pr'nc � A t j l (Seal,) Witness egYxwne‘'cin N (f S (Title) Fiddly and Deposit Cornpar of Maryland (Surely) ^ • (Seal) (Witness) Annette Audi � — 1 t (Title) Kris .Bender, . orne'y in-Fact FL on-Resident License No.W1069&4 I I ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kristin S.Bender , its true and lawful agent and Attorney-in-Fact,to make, execute,seal and deliver, for, and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of July,A.D.2019. I � ?` 6 mt ti T c"'0 ..� ' _•_ i o'. - - � SEAL ,' ; cae ATTEST: i ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND j 1 By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore - On this 1 I th day of July, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. 7 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 11f t .'''. 5� Q•2 ?-,/ FAr ik.', Constance A.Dunn,Notary Public :,14i — *). My Commission Expires:July 9,2023 "'rjmrno+` EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16th day of May , 2022 , %dam2 fr--771 _ 111En . Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zurichna.corn 800-626-4577 „ . . . THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1299 Zurich Way Schaumburg,IL 60196 ' I Statement of Financial Condition As Of December 31,2021 . ASSETS Bonds. $ 237,467,504 Stocks 18,985,762 Cash and Short-Term Investments • 7,415,852 Reinsurance Recoverable . , 25,735,324 Federal Income Tax Recoverable 0 Other Accounts Receivable 24,479,233 TOTAL ADMITTED ASSETS • $ 314,083,675 LIABILITIES,SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses $ 378,101 Ceded Reinsurance Premiums Payable . 48,876,599 Remittances and Items Unallocated 0 Payable to parents,subs and affiliates . 0 Securities Lending Collateral Liability 0 , TOTAL LIABILITIES $ 49,254,700 Capital Stock,Paid Up $ 5,000,000 Surplus . 264,828,975 Surplus as regards Policyholders 264,828,975 TOTAL $ 314,083,675 ' ' . Securities carried at$78,561,855 in the above statement are deposited with various states as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of market quotations for all bonds and stocks owned,the Company's total admitted assets at December 31,2021 would . be$319,561,762 and surplus as regards policyholders$270,307,062. . • . I, LAURA J. LAZARCZYK, Corporate Secretary of the FIDELITY AND DEPOSIT, COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December,2021, . ,--DocuSIgned by: . . taro• , , bail#V5CIL . 42DrODD47i37400... an-Orate Seoreloy. State of Illinois 1 City of Schaumburg SS: - - : Subscribed and sworn to,before me,a Notary Public of the State of Illinois,in the City ofScIiaunthur ;this 15'4 day of March,2022. . 0tatrtilnnatnegka0 lif VAN 1-1011iGAN affitlill soal w Inlolaly Public•State of Illinois 1,.."'eromixsion Expires Dec tO, Z024 !VI• i- %r-7—• - , .../ ,-- iVotao,Public CITY OF OCOEE REQUEST FOR PROPOSALS RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 111111 Ocoee florida TABLE OF CONTENTS REP#22-004 - - TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS RFP DOCUMENTS Section Page Legal Advertisement Proposal Instructions 4- 8 General Terms &Conditions 9-24 Summary of Litigation*,p. 20 Acknowledgement of Addenda*,p.20 List of Subcontractors*,p. 20 Equipment Listing*,p. 21 References/Experience*,p. 21 SCOPE OF WORK, PROPOSAL FORM, AND PROPOSED CONTRACT Section Paoe Exhibit A—Scope of Work 25-30 Exhibit B-Price Proposal Form* 31-34 Exhibit C—List of Current Traffic Signal Locations 35 Exhibit D— Drug-Free Workplace Certification Form* 36 Exhibit E— Sworn Statement on Public Entity Crimes Form* 37-38 Exhibit F- Certification of Non-segregated Facilities Form* 39 Exhibit G- Certification Regarding Scrutinized Companies'Lists Form* 40 Exhibit H-Certification of Nondiscriminatory Labor Practices* 41 Exhibit l-Non-Collusion Affidavit* 42 Exhibit J-Byrd Anti-Lobbying Amendment Certification* 43 Exhibit K- Conflict of Interest Disclosure Form* 44 Exhibit L- Company Information &Signature Sheet* H 45 Exhibit M FHWA-1273 Required Federal Provisions for Federal-Aid Construction 46-68 Exhibit N—2 C.F.R. Appendix II to Part 200—Contract Provisions for Contracts 69-71 Under Federal Awards Exhibit 0- Prevailing Wage Rates—Orange County, FL 72-77 Exhibit PI & P2- Performance& Payment Bond 78-81 *Submit with Proposal End Table of Contents RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 2 Request for Proposals, Legal Advertisement The City of Ocoee, Florida (the "City") is soliciting sealed proposals for RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS. Proposals will only be accepted electronically through Mercell Source-To-Contract, a free e-Procurement platform, until 2:00 pm, local time, on Tuesday, May 24, 2022. Proposals received after that time or through any other method will not be accepted under any circumstances. Proposals that have been timely received will be publicly opened virtually online and the names of the responding firms read aloud at that time; instructions will be provided at https://vvww.ocoee.org/959/Public-Bid- Openings.All questions regarding this RFP should be in writing to Joyce Tolbert, Procurement Manager, Finance Department/Purchasing jtolbert@ocoee.org. No Pre-proposal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a proposal at no charge through Mercell Source-To-Contract by accessing the City's published solicitation page at https://am.negometrix.com/buyer/748. For more information, please visit https://www.ocoee.org/323/Purchasing. Prospective respondents will be provided with all information regarding this RFP, addenda, and changes to the project requirements through the Mercell Source-To-Contract platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, April 24, 2022. Note: The contact person for this RFP has been changed from the original newspaper advertisement. All inquiries should be emailed to jtolbert@ocoee.org. 3 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS Introduction and Instructions: A. Sealed proposals for RFP #22-004 will be received by the City of Ocoee, hereinafter called "City," from any person, firm, corporation, or agency, hereinafter called "Respondent, Firm, Bidder, Proposer, or Contractor," submitting a proposal for the services being solicited. Each Respondent shall furnish the information required on the proposal form supplied and each accompanying sheet thereof on which an entry is made. Proposals submitted on any other format shall be disqualified. Proposals must be typewritten or handwritten using ink; do not use pencil. Proposal documents must be submitted under the signature of a legally responsible representative, officer, or employee and should be properly witnessed and attested. All proposals should also include the name and business address of any person, firm, or corporation interested in the proposal, either as a principal, member of the firm, or general partner. If the Respondent is a corporation, the proposal should include the name and business address of each officer, City, and holder of 10% or more of the stock of such corporation. B. Prospective Respondents may secure a free copy of the documents required for submitting a response through Mercell Source to Contract (f/n/a Negometrix) platform by accessing the City's published solicitation page at https://app.negometrix.com/buyer/748 and clicking the "open" filter. Please visit https://www.ocoee.org/323/Purchasing for more information. Prospective respondents will be provided with all information regarding this RFP, addenda, and changes to the project requirements through the Mercell Source to Contract platform. Partial sets of the documents required for submitting a proposal will not be issued. By using Mercell Source to Contract, prospective Respondents will be provided with all information regarding this RFP,all addendum and changes to the project requirements;there is no charge to use the Mercell Source to Contract e-procurement plafform. The City is ONLY accepting electronic solicitation responses online through the City's Mercell platform at https://app.negometrix.com/buyer/748 This link can also be accessed through the City's website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu.All responses for this bid MUST be submitted through the Mercell Source- To-Contract plafform. RFP submissions received in any other format will not be accepted; no paper, fax, or e-mailed submissions will be accepted. There is no charge to use the Mercell Source-To-Contract electronic bid submission plafforrn. Registration with Mercell Source-To-Contract is free and is required prior to submitting an RFP response. You will be required to register once you click the PARTICIPATE BUTTON in the solicitation file. It is suggested your company register no later than 24 hours in advance of the RFP submission deadline to ensure proper registration.Should your company need assistance with registering, please contact the Mercell Source-To-Contract Service Desk by calling (724) 888-5294 or by emailing servicedesk.us©Negometrix.com. Once your company is registered with Mercell Source-To-Contract, you will be able to securely submit your company's proposal any time before the bid • deadline, at hftps://app.negometrix.com/buver/748 by clicking the PARTICIPATE BUTTON under the solicitation. You must click the SUBMIT BUTTON once you finalize your.response. You RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 4 will receive 8date/time stamp confirmation within the Mercell platform and an email confirmation. Proposalsubmitted on K8erna| n[osotmW| remain locked and inaccessible by City staff until the bid deadline. Respondents are encouraged to allow ample time to Up|O8d and submit your F<eGpoOSg as the ovfteDl will aUtOOnaboaUy lock responses upon the bid deadline. A virtual public RFP opening will bo held on the date and time indicated below. Details on how to access the virtual RFP opening will be located on the City's website once available at.h#ns:// VVVVV.OcOee.OFg/95S/PUbliC-Bid-[)peOiOgs. C. The City will receive questions regarding this RFP only through the K8b[ceU Source-To- Contract p|8th]0Q in the Question &Answer tab or through written inquiries directed to Joyce Tolbert, Procurement yNonager, email jto|bart(a-)000ee.onq. The deadline for receipt of questions is 8Nm' 17, 2022 at 12:00p'mu', local time. Any clarifications/changes will be only through written addenda issued by the Purchasing Technician and posted on Mercell Source- To-Contract. Respondents should not contact City ebyf[ with the exception of the Purchasing Technician, o[ other City consultants for iOƒoonabOD regarding this RFP before the proposal 8VVGrd date. Any contact with -@Oy othgr member of the City Staff, [|ib/ COOl[niesiVO or its agents during the solicitation, axvand, and protest period may be grounds for disqualification. D. Respondentsshall submit one M\ complete 8ksCtnonk:copy, ina single file, of their proposal on the Mercel| Source-To-Contract platform. Proposal must be received by 0ence/lSource-To-contoactom later than 2:OQ p.m. (local time) mmMay 24, 2022. Any proposal received after the above-noted time will not be accepted under any circumstances. Any uncertainty regarding the time a proposal is received will be resolved 'against the Respondent. It ahoU be the sole responsibility of the Respondent to have.the proposal uploaded and submitted on the K8erca|} 8ource'To-Cont[o6 n-proouremant platform priorƒo the due date and time. File Uploads - AU electronic files uploaded must be in o common,format aooeoabka by software programs the City uses. Those common formats ate generally described ooMicrosoft Word (.doo or doox). Microsoft Excel io|o or .x|ax1. Microsoft PovverPo|nt (.pot or pobd. or Adobe Portable Document Fornnetiodo. Respondents will not secure,'poaevvond protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable Or restrict the ability of the City to print the C0nt8OtS of an uploaded file. Scanned documents or |nnogeo must be of sufficient quality, no less than 150 dp|.to allow for reading or|ntarprat�0 the vvorde. droxvnga. |rnageaorsketches. The(�dvmnoy disqualify any Submittal Response that does not meet the criteria stated in this paragraph. E. PRE-PROPOSAL CONFERENCE: None scheduled a1 this time. F. Proposals will be reviewed by an evaluation committee appointed by the City Manager and will be ranked iO accordance with the established evaluation criteria. Date, time, and location Df onyachedu|ed evaluation committee meeting(s) for this RFP will be noticed publicly and on K8ancel| Source-To-Contnaot. The evaluation committee shall supply o ranked list of the proposing firms and a neoonomondotion regarding which firm should-be awarded the term contract by the City Commission. The City ��ornnmisaion`m decision to endorse or modify the raDkinI by Staff mhoU be final. Please be aware that all'City Commission OleeUDg8 are duly noticed public meetings and that all documents submitted tw the City ama part ofaproposal RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL � constitute public records under Florida law. G. All Respondents shall thoroughly examine and become familiar with this RFP package and carefully note the items specifically required for submission of a complete proposal. H. Submission of a proposal shall constitute an acknowledgment that the Respondent has complied with the instructions of this RFP. The failure or neglect of a Respondent to receive or examine a document shall in no way relieve it from any obligations under its proposal or the contract. No claim for additional compensation will be allowed based upon a lack of knowledge or understanding of any of the contract documents or the scope of work. Proposals shall be in compliance with the contract documents and scope of work. All costs to prepare and submit proposals shall be the responsibility of the Respondent and the City shall make no reimbursement of any kind. I. Any response by the City to a request for information or correction will be made in the Mercell Source-To-Contract RFP file or in the form of a written addendum, which will be distributed via Mercell Source-To-Contract . It shall be the responsibility of each Proposer to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning the date and time when proposal acceptance shall close at any time up to the date and time set for proposal closing. In case any Proposer fails to acknowledge receipt of any such Addendum, its proposal will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a proposal will constitute acknowledgment of the receipt of the RFP Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Respondents are cautioned that any other source by which a Respondent receives information concerning, explaining, or interpreting the RFP Documents shall not bind the City. J. Any of the following causes may be considered sufficient for the disqualification and rejection of a proposal: a) Submission of more than one (1) proposal for the same work by an individual, firm, partnership, or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships, or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among the Respondents; c) Being in arrears on any existing contracts with the City or in litigation with the City, or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City's judgment and sole discretion, raises doubts as to the Respondent's ability to properly perform the services; or e) Any other cause that, in the City's judgment and sole discretion, is sufficient to justify disqualification of Respondent or the rejection of its proposal. K: FEDERAL GRANTS: All procurements by Federal Grant recipients and sub-recipients shall comply with the provisions of 2 C.F.R. Section 200.317 — 326. All procurement transactions shall be conducted in a manner providing full and open competition consistent with the standards of 2 C.F.R. Section 200.317 — 326. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, or any other party pertaining to any matter resulting from this contract. i••• RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 6 In the event of a conflict between the City's Purchasing Policy, codified at Chapter 21 of the City's Code of Ordinances, and Federal Code, the more restrictive rule shall prevail. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting Agreement. By entering into this contract, the awarded bidder is obligated to comply with the provisions of Section 448.095, Fla. Statutes, "Employment Eligibility." This includes, but is not limited to utilization of the E Verify System to verify the work authorization status of all newly hired employees; and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately L. CONVICTED VENDOR LIST(PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under an award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida Statute 287.133 (2) (a).] M. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal that they consider confidential and/or proprietary and which they believe to be exempt from disclosure,,citing specifically the applicable exempting-law. All proposals received in response to this request for proposals become the property ofthe City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. N. PUBLIC RECORDS COMPLIANCE: The City of Ocoee(the"City") is a public agency subject to Chapter 119, Florida Statutes.The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3.Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 7 contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4.Upon completion of the contract,Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology,systems of the City. 5.A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, If EXTENSION 1022, CCDL@ci.ocoee.flus, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. O. ACCEPTANCE AND AWARD: The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Proposer qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City's discretion, the City determines that it is in the City's best interest to do so. The City reserves the right to award the contract to the Respondent(s)which, in the City's sole discretion, is(are)the most responsive and responsible. The City reserves the right, as an aid in determining which proposals are responsible, to require a Respondent to submit such additional evidence of Respondent's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of 'a Respondent, including past performance (experience) with the City and others.The City Commission shall be the final authority in the selection of any and all proposals for acceptance and award. The Respondent certifies that it will not withdraw its proposal for a period of one hundred - twenty (120) days after the scheduled closing time for the receipt of proposals. End of Section RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 8 RFP #22-004 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) In lieu of providing a bid security, . the Respondent may, provide documentation that their business has been active with the Secretary of the State of Florida for a minimum of three (3) years. Respondent warrants by virtue of bidding the prices in his bid response will be good for an evaluation period of ninety(90) days from the date of bid opening, or: b) Each proposal must be accompanied by Bid Security in the form a Cashier's/Certified Check or company check upon an incorporated bank or trust company or a Bid Bond in an amount equal to ONE THOUSAND DOLLARS ($1,000.00). A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the Respondent, if awarded the Contract, will, after written notice of such award, enter into a written Contract with the City and as a guarantee that.the Respondent will not withdraw its proposal for a period of ninety (90) days after the scheduled closing time for the receipt of proposals, in accordance with the accepted proposal and RFP documents. c) A copy of the bid security is to be included with the proposal submitted electronically on Mercell Source-To-Contract. The original bid security is to be mailed within five (5) business days after the bid opening to: City of Ocoee, Finance Department/Purchasing, Attention: Shannon Hopper, Purchasing Technician, 150 North Lakeshore Drive, Ocoee, FL 34761. Failure to provide the original may cause your bid to be deemed non-responsive. d) In the event of withdrawal of said proposal within ninety (90) days following the opening of proposals, or Respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the RFP after issuance of Notice of Intent to Award by the City, then such Respondent shall be liable to the City in the full amount of the check or.Bid Bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the Bid Bond as liquidated damages and not a penalty. e) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. f) The cost of the required Bid Bond and required insurance coverage is to be included in the Respondent's overhead and is not eligible for reimbursement as a separate cost by the City. The checks of the three (3) most favorable Respondents will be returned within three (3) days after the City and the successful Respondent have executed the contract for work or until the 91st day after proposal opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of proposals. Bid Bonds will be returned upon request following the same criteria as a check 2. PERFORMANCE & PAYMENT BOND: Performance and Payment Bonds are required for job order: individual projects RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 9 $200,000 and greater. The Contractor shall, without expense to the City, and within five (5) days of a written Notice to Proceed issued by the City for the commencement of any services (not at the time of contract signing), furnish a 100% Performance and Payment Bond on the form provided in this RFP as security for the timely performance and payment of its services. Said performance and payment bonds shall be.for 100% of the project amount and shall be submitted on the attached forms. (See Exhibit P1 & P2.) All premiums for the performance and payment bonds shall be paid by the Contractor. The performance and payment bonds shall be written by a surety company listed on the U.S. Treasury, Fiscal. Service,' Bureau of Governmental Financial Operations, (latest review) entitled "Companies Holding Certificates of Authority as Acceptable Surety on Federal Bond and as Acceptable Reinsuring Companies" and approved by the City. NOTE: Only the successful bidder who enters into a contract with the City for an individual job order in the amount of $200,000 and greater is required to supply a performance and payment bond within five (5) days of a written Notice to Proceed issued by the City for the commencement of services under this contract. 3. PATENT INDEMNITY: Except as otherwise provided, the successful Respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any letters patent of the United States arising out of the performance of this contract. Further, the Respondent shall fully indemnify and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Respondent uses, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the proposal price shall include all royalties or cost arising from the use of such design, device, or materials. 4. DEFAULT: As a result of proposals received under,this RFP, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s)set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions..of this paragraph. Where the Contractor fails to comply with any of the specifications, except, for delivery deadline(s), the City may, in its discretion, RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL I 0 provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. 5. PRICING: Pricing should be provided as indicated on the Proposal Form attached as Exhibit B. Please note that alternate price proposals will not be accepted unless specifically called for on the Scope of Work and/or Proposal Form. Cost of preparation of a response to this RFP is solely that of the Respondent and the City assumes no responsibility for such costs incurred by the Respondent. The Proposal Form may not be completed in pencil. All entries on the Proposal Form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Respondent to clarify an illegible entry on the Proposal Form. If the Proposal Form requires that the proposed price, or constituent portions of the proposed price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Proposal.Form should be provided by the Respondent and be correctly computed. If there is an arithmetical conflict between the unit price stated by the Respondent on the Proposal Form and the total price,stated by the Respondent on the Proposal Form, the unit price stated by the Respondent on the Proposal Form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Proposal Form to calculate the total price, utilizing the unit prices that have been identified by the Respondent. The taking of such action by the City shall not constitute grounds for the Respondent to withdraw its proposal nor shall it provide a defense constituting discharge of the proposal bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error, or other irregularity that may appear on the Proposal Form. However, the City reserves the right to reject Proposal Forms that are incomplete or contain information that is not required as being non-responsive. a) The prices have been arrived at independently,, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Respondent or with any competitor; b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other Respondent or to any competitor; c) No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); d) Respondent warrants the prices set forth herein do not exceed the prices charged by the Respondent under a contract with the State of Florida Purchasing Division; and e) Respondent agrees that supplies/services furnished lunder this proposal, if awarded, shall be covered by the most favorable' commercial warranties the I I RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 11 Respondent gives to any customer for:such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the proposal award. f) Respondent represents that the article(s) to be furnished under this RFP. is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of proposals. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of proposal opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded in accordance to the Evaluation Criteria contained in this RFP. 9. LITERATURE: If required by the scope of work or the specifications, descriptive literature/brochures shall be included with this proposal in order to properly evaluate make/model offered. Proposals submitted without same may be considered non-responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted in the following manner to the Procurement Manager at jtolbert@ocoee.org: a)A Respondent shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. b)A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the RFP, its addenda, and other proposal documents; and/or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications), if any. The Respondent shall clarify all questions concerning the design documents of the project prior to submitting its proposal. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 12 c) The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. d)The bid protest shall be filed with the Purchasing Technician and Procurement Manager not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. e)The Procurement Manager, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If City denies the,protest, City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: a) No payment will be made for materials ordered without proper purchase order authorization or City of Ocoee Visa Purchasing Card. Payment cannot be made until materials, goods, or services have been received and accepted by the City in the quality and quantity ordered. Purchase Order terms are Net 30 .days after receipt of approved invoice. b) Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available for the work. c) The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate No. 85-8013779974C-0; and, pursuant to Chapter 212, Florida Statutes, is exempt from federal excise, state, and local sales taxes. 12. SAFETY REQUIREMENTS: The Respondent guarantees that the services to be performed and the goods to be provided herein shall comply with all applicable federal, state, and local laws, ordinances, regulations, orders, and decrees, including, without limitation, such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910-General Industry Standards that are applicable in construction work, b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) The Contractor must assure that a certified first aid person is designated, phone numbers of physicians, hospital, and ambulance services, are posted (copy to Personnel City, City of Ocoee), and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 13 backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and be secured to prevent displacement. 0 Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. j) All heavy equipment must have, where applicable: (a) back-up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. k) Personal fall protection must be provided at elevations exceeding ten (10) feet. 13. DRUG-FREE WORKPLACE: Provide a statement concerning the Proposer's status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. Include the attached form with your proposal. 14. CONTRACT: a) The successful Respondents, herein also referred to as Contractor, will be required to enter into a contract with the City along the terms and conditions included in the proposed contract for the initial period of one (1) year, and four(4) automatic one- year extensions; and one 2-year optional renewal at the City's discretion. The contract labor rates may be escalated up to 3% upon renewal of the contract each year. All other provisions of the contract shall remain constant for the life of the contract. b) The City may, in its sole discretion, award any additional services, whether in the existing areas of the scope of work or in any area additional to those in the existing scope of work, to any third party or the City's own employees. Contractor will be expected to cooperate with any or all other contractors who may be performing services for the City. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES a) Respondent certifies that it does not and will not maintain or provide any segregated facilities for the Respondent's employees at any of the Respondent's establishments, and that Respondent does not permit Respondent's employees to perform their services at any location under the Respondent's control where segregated facilities are maintained. Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from 'acceptance of its Proposal. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms, other storage and dressing areas, parking lots, or drinking facilities provided for employees that are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Respondent agrees that (except where Respondent has obtained identical certification from proposed contractors for specific time periods) Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent's files. =iv RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 14 b) The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION: Proposer declares by submission of a qualification package that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the contract for the described services. Proposer certifies that no City Commissioner, other City.Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by'a spouse or minor child.) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. Proposer must submit the attached Conflict of Interest Disclosure Statement. The Proposer further declares that a careful examination of the scope of work, instructions, and terms and conditions of this RFP has occurred, and that the proposal is made according to the provisions of the RFP documents, and will meet or exceed the scope of work, requirements, and standards contained in the REP documents. Proposer agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Proposer offers and agrees that if this negotiation is accepted, Proposer will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the anti- trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Proposer. The proposal constitutes a firm and binding offer by the Proposer to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT: a) All invitations to bid, as defined by Section 287.012(16), Florida Statutes, requests for proposals, as defined by Section 287.012(23), Florida Statutes, and any RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 15 contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a: public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit bid, proposal, or reply on a contract with a public entity for the construction or repair of public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." b) All Respondents that submit a Bid or Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the submitted documents are qualified to do so under Section 287.133, (2)(a), Florida Statutes. 18. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the Contractor; no separate payments will be made. Permit fees,are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee contractor registration if permitting is required. Please contact the City's Building Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the Contractor. 19. STANDARD INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City,, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of"A" or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no.way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 16 and/or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of$500,000/$500,000/$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired & non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL &ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 4) City Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Contractor shall procure and furnish an City Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 17 Named Insured. 5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE 6) Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability 7) Builders.Risk: (as applicable for construction projects) • $100,000 Any (1) Location In $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of. Insurance Form (see sample below), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to:the Office of the Purchasing Agent. This certificate shall be dated and show: i) The, name of. the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement that the Insurer shall mail notice,to the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 18 ,ACORP CERTIFICATE OF LIABILITY INSURANCE GPN s� 0..1nal9aM11) BRAZE-1 11/04/04 YAOWC[a THIS CERTIFWATE IS 4550E0 ASA WTTER OF INFORMATION ONLYAND CONPER.S NO RJONTS UPON TIE CERTIFICATE HOLDER,NILS CERTIFICATE DOES NOTAMENO.EXTEND OR ALTER ME COVERAGE AFFORDED DYTHE POLICIES DELOW. INSURERS AFFORDING COVERAGE NAM e• ans. ,t r,tlq A-...tor QQ 0Saple Amdiaalt0r'S N.68 MAD.0 aBi D Rt4>KRE: • COVERAGES 'ME POUCX3 O<IRApUME1 1010.0.1WYEIETN 49AD TO 1148KAM M1.10A10,41ORTHi 004C1 INReO VONATFn 1n1e1.51/1RNO AM REMAXVEM,TFa.i OnCPlarO P MICOMIL10100 OMI00CUMTR10H TOMf0R1NgCaue:tn CO000MOM WY PIMP"'WS.OWIC6KTOY oSYTHE ro1raa1X00.3TN01Qln$et'MI0LIF*Mbq.aaCUSgWMOCU'p[IgNSO(Rpf MOM AGGR'E00E tl4eTi0DWN1MYWKE1W RUM 10MPA0 Watt . rT.eolwauuRrE TulxYraaWaa. I"o !"id+T+>rYn" �.. 1 ry VACS COMM eAaartY E.O.cOnseOCO a 1,000.000 X X .rtiioeiN@..:o1 .50.000 I CLAM WOE ZQ0.51 Wan C....em anal .5,000 nr•-.e aAwroatY •11.000.000 l._ coaamacra u.n 11.000.000 GTM.G*IEGAT0LO0T MR.PR rico.E.ts.couros A00•a2,000,000 AOTTT.DSLE4amaT ITA 1Mi[1111 .1,000,000 X MOARO isiarnEOAUms c ^soreuEDANO5 X 140N01.04E0 K1T03 cOlennoono Parmersa 6•11.11.11=J1Y AUTOOM1Y.GACCOOR AMMO 011.EE A fA.G1a Auromac AGO . •C . a-.au0Y niG03.7.GE S1,000.000 Z 000* ti.,31.0E Atl.1LTE .12,000,000 ., a0TENT0.. a i t 1.011Aa COM•11eAno1M0 ' X1TQarlr,nat �fN AMMCVN 7•MTIEIti#CUlNE E•i-Gl.0.o f*T a 500.000 I atats.taRDarunm ELoseass-canotonG 1500,000 e c7�o.i°o`rwolns+one.m. GI-0euu-0000 n 1 500.000 Orb. Builder.Risk Soy 1 Loc 100,000 • My 1 Oec 1.000.000 She ineursnco evidenced by this certificate shall name the eertificate holdars es an additional insured on the General Liability s Umbrella Liability. Workers' Compeeeation, Lmployero, Liability i Canorel Liability shell contain a Waiver of Subrogation in favor of the certificato holder. She certificate bolder is added se a rucredi0ali(i far BILIhesRisk. CERTFICATE HOLDER CANCELLATION OCOEa01 DO0.e00o1TMMmatSCCMCOro4V1211CMc1.11.1 IX/A/1 DMAns an00000r,T26119.0M1IME0YLLL1111.A1010WA 10 assesses. MT.TO TM CERIOGnidoZ*nor DroceUTYoUT Y.al*E TOW 5OMAa City of Ocoee - Oaffi0T.00EWK0 I 00020 R 00M.A. Y WAN( THEMSNaA OR Ra AGM"CA 150 N. Lakeshore Drive Ocoee YL'34751-2253 E SOoATM� A.111.3119 ATY.EIORATNE ACORD 15120010E1 Sf �!� DACDRD CORPORATION sass RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 19 20. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) 21. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated 22. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: (Attach additional sheets if necessary) By submitting a proposal, the Respondent certifies that it has investigated any subcontractor/temporary worker agency listed and has received and has in the Respondent's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 20 23. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City. of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 24. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR CONTRACTS: The Respondent shall provide at least three (3) separate references of previous contracts with similar scope of workwithin the past five (5) years, preferably with a governmental agency. Respondent must demonstrate ability to perform services of similar complexity, nature, and size. For each previous contract, the Respondent must provide a description of the scope, its location, and a contact person willing and able to discuss the Respondent's performance for that contract. Letters of References may also be provided. Only contracts for which the Respondent was the prime contractor will be considered to be relevant. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELEPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT, ETC (attach additional sheets if necessary). Have you any similar work in progress at this time?Yes No Length of time in business years- months. Bank or other financial references: RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 21 25. SUBMITTALS: The City of Ocoee requires comprehensive responses to every section within this RFP. To facilitate the review of the responses, Respondents should follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Respondents with regard to content, rather to ensure the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation; any missing information will be evaluated accordingly. Submissions should be limited to a total of forty(40)8.5"x 11" pages (excluding forms included in this RFP), single-sided, portrait orientation, 12-point font; and submitted through the Mercel platform per the introduction and instructions of the RFP.. The page limit applies to the material contained in sections 1 and 2 of the proposal, as described below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal. Failure to adhere to the stated page limit or provide the required content may subject your proposal to disqualification. In order to simplify the review process and obtain the maximum degree of comparison, the Respondent should provide the following content when responding to the RFP: Section 1 - Company Information • Provide name, address, contact (office and emergency contact) information for the prime, and all sub-contractors, see also Section 22. • If more than one.(1) office, state the location of the headquarters and the office responsible for this contract. • Provide copies of the appropriate state license and FDOT pre-qualification for the prime and sub-contractors (if applicable). • Provide FL Dept of transportation (FDOT) pre-qualification for this type of work. • Provide the number and the names of key personnel, the office where they are located, and the area of expertise and certification. Section 2— Company Experience • Provide company history, number of years in business, the main focus of the company, etc. • Provide at least three (3) recent projects completed within the past five (5) years in Florida. For each project, provide client name, client contact information, description of service, project budget, and date completed, see Section 24. • Describe the type and quantity of service vehicles, specialized tools, etc. as relevant to this contract, see Section 23. • State and describe any litigation to which the Contractor was a party to and the outcome for the past five (5) years, see Section 20. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 22 Section 3— Price Proposal • Provide service rates for scheduled maintenance, service and repair, new installations and parts markups and discounts as listed on the "Price Proposal Form — Exhibit B" provided. Section 4— Other Required Content • Forms listed on Table of Contents as to be submitted with your proposal. • Bid Security or Verification of(3) years in business, see Section 1. • Acknowledgement of any Addenda issued, see Section 21. • Company Information/Signature Sheet • Conflict of Interest Disclosure Form • Drug Free Workplace Form 26. EVALUATION CRITERIA: The criteria for making an award recommendation are: a) Response Time (0 —20 points) 1) Response time to City's requests for routine and emergency calls. b) Contractor's resources (0 —25 points) 1) Number of certified technicians and area of certification. 2) Number of emergency response vehicles, spare vehicles, specialized equipment, etc. c) Price proposal (0 —25,points) 1) Lump sum price proposal for scheduled maintenance. 2) Service call rate for emergency service. 3) Contractor mark-up on parts. d) Contractors qualifications and experience (0— 25 points) 1) Experience with similar service contracts. 2) Overall experience of Contractor in traffic signal maintenance and installation. 3) Active State license and FDOT Prequalification. 4) Contractor's references. e) Certified small or minority business, (0 - 5 points) women's business enterprise, or labor surplus area firm 27. SELECTION PROCESS: A City evaluation committee will review and evaluate each Respondent's submittal and will short-list and recommend to the City Commission one (1) firm to perform the required services. The City Commission shall be the sole judge of the competency of Respondents. The City reserves the right, before awarding the contract, to require a Respondent to submit such evidence of its qualifications, as the City may deem necessary and/or may require oral presentations or interviews of firms. All Respondents shall be notified via Mercell Source-To-Contract or other means of RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 23 staffs recommended ranking of firms to the City Commission. The City Commission's decision to endorse or modify the ranking by staff shall be final. The successful Respondent shall be required to execute an agreement which provides, among other things, that any plans, drawings, reports, and specifications that result from Respondent's services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequently executed by both parties. 28. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: April 24, 2022 Request for Proposals advertised May 17, 2022 Last day for questions May 24, 2022 Proposal submission deadline 5 days later Proposals distributed to Evaluation Committee 1-3 weeks later Evaluation committee meeting held Next meeting Top-ranked firms recommended to City Commission This schedule is subject to change at the discretion of the City. End of Section RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 24 EXHIBIT "A" SCOPE OF WORK RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS Scope of Work The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) is soliciting proposals from qualified and licensed contractors (Contractor) that have experience in providing the necessary services for emergency repair, planned maintenance, new installations of traffic lights, caution lights, School flashers, and roadway safety lighting throughout the City. The term contract will be for one (1) year with five (5) annual automatic renewals, and (1) 2-year optional renewal. The work should be to the Florida Department of Transportation (FDOT) published specifications for road and bridge construction and other applicable design indexes and construction standards, which are made part of this contract by reference. The scope of work include, but not limited to the following: Construction and Maintenance Services: Provide monthly inspection of the following: 1.01 Signal Operation • Observe operation for the complete cycle. 1.02 Inspect the Traffic Signal Assembly: (look for the following) • Bulbs and /or LED degradation • Broken signal heads, visors, lens • Broken or loose brackets • Loose disconnect hanger and door 1.03 Electric Service • Conduit, riser secure • Meter/can "safe" • Secure breaker cover 1.04 Poles- Mast Arms • Rate appearance • Any visible breakage within the pole. • Mast Arm — Per FDOT, Inspect bases, paint and grout condition, hand hole, wiring, etc. 1.05 Pedestrian Signals • Signal heads, lens, bulb broken or out • Pedestrian Sign • Push-button detector operational RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 25 1.06 Cabinet and base • Secure and weather tight • Any visible damage to the cabinet or base 1.07 Cabinet Interior • Detector tuned • The random check conflict monitor • Observe flash condition, including police door • Observe controller and conflict monitor operation • Check pre-empt if possible • Check time clock operation • Clean cabinet interior • Check the status of the system (online/offline) • Observe if cameras and cameras system are working 1.08 Solar Power Signals • Check security of panels • Review the program of operation • Observe operation • Check batteries Performance of Work: The Contractor shall perform the work under this Agreement in the following manner: 2.01 The Contractor certifies that it is a full-time specialized contractor in the State of Florida and is pre-qualified by the Florida Department of Transportation to perform said work and has the capability and expertise to install and maintain traffic signals for the City Of Ocoee. 2.02 The Contractor shall provide emergency repair, planned maintenance, and new installations of traffic lights, caution lights, school flashers, and roadway safety lighting as requested and directed by the City Of Ocoee's designated personnel, hereinafter referred to as "City." 2.03 The Contractor shall provide qualified employees of the Contractor who shall be available at all times, day and night, for on-site consultation with the City about traffic signal problems. The Contractor shall furnish the name and telephone number of such representatives to the City upon execution of this Agreement. 2.04 The Contractor shall at all times maintain emergency response vehicles, which will be utilized to respond to emergency maintenance calls during the term of this Agreement. This emergency vehicle shall have safety strobe lights on the front and center or rear. 2.05 The Contractor, in performing any work under this Agreement, shall utilize protective signing, flashers, cones, and flag persons in compliance,with the Manual on Uniform Traffic Control Devices(MUTCD) and the Florida Department of Transportation Design Standards. 2.06 The Contractor shall be responsible for making all arrangements with public or private utility companies to ensure underground and overhead clearances and RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 26 construction liaison when needed. 2.07 The Contractor shall promptly notify the City of the disablement of any piece of equipment of any system due to accident or other cause, such as damaged cable, broken parts, or other difficulties, when such piece of equipment cannot be readily repaired, making it necessary to discontinue operation of all or part of the installation. 2.08 The Contractor shall promptly report to the City any unauthorized construction or repair work by others on the City of Ocoee's equipment being maintained under this Agreement. The Contractor shall also report any construction or repair work in progress that may endanger or damage the equipment of the City system. 2.09 The Contractor shall act in the best interest of the City in the selection of material and equipment, which has been authorized for purchase by the City. Also, the contractor shall advise and assist the City regarding the settlement of claims on defective materials and equipment used in traffic signal, school flasher, and highway safety equipment when purchased by the Contractor. Job Numbers 3.01 The Contractor, before commencement on any routine maintenance, shall receive a Purchase Order Number from the City. Upon completion of the work, the Contractor shall notify the City of the scope, nature, and cost of such work performed. 3.02 The Contractor, at the end of every month, shall submit to the City for approval for payment, a copy of all invoices. A separate invoice shall be used to identify each job. 3,03 The Contractor shall be issued a separate Purchase Order and Job Number before the commencement of any work to be performed for non-routine maintenance, construction, major repairs, and capital purchases. These job Numbers shall be obtained only from the City. If the City orally directs that a repair be made during non-working hours, a formal Job Number shall be issued to the Contractor the next normal day of operation to cover such work as was duly authorized. Materials and Equipment 4.01 The Contractor shall invoice the City the actual cost of all materials furnished by the Contractor which are an integral part to the finished work, to include any markups and discounts per Contractor's price proposal, plus shipping. The City, however, reserves the right to purchase material to be held as inventory by the Contractor and installed as directed by the City. 4.02 The City may inspect the Contractor's maintenance shop and storage area on a daily basis to insure the Contractor has adequate inventory or parts and equipment of its own to furnish service under this Agreement. The City may also hold inspections to ascertain that all City supplied equipment has been properly located, maintained, and used. 4.03 The Contractor shall be financially responsible for any damage to the City materials or equipment arising out of, or due to, the negligence of the Contractor or his agents and employees. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 27 4.04 Any and all parts replaced by the Contractor shall be maintained and available for City inspection for a period of at least sixty (60) days. 4.05 The Contractor shall extend to the City the same warranty on all materials and equipment furnished under this Agreement which the manufacturer extends to the Contractor, or purchases, whichever is greater. The Contractor shall guarantee its workmanship under this Agreement for a period of one (1) year. Compensation 5.01 Regular time emergency maintenance shall be for all maintenance and construction on which the Contractor is provided less than five (5) working days notice. 5.02 Overtime emergency maintenance shall be maintenance and construction for which the Contractor has been given less than five (5) working days' notice and the work shall be performed after five o'clock PM (5:00 PM) and before seven AM (7:00 AM), and on all weekends and legal holidays. For a day to be considered a holiday under this provision, the Contractor must declare the day a holiday for all of their personnel, and shared with the City upon the start of the Agreement. 5.03 Each intersection shall be visited one (1) time per month whereby the Contractor will visually inspect all traffic signal equipment and components; thereby preventative malfunction action will be enacted. 5.04 For the Contractor to be compensated at the rates described in paragraphs 5.01, 5.02, or 5.03 above, the Contractor shall provide at least one qualified employee who shall perform the work together with tools and equipment and one service vehicle. The Contractor may charge the City for travel time to the worksite. 5.05 In the case of the installation of new equipment, the Contractor, upon the request of the City, shall make an inspection of the new equipment at the time of activation to assure the City that the new equipment is in proper working order. 5.06 Contractor shall provide all inspection records and certification in accordance with FDOT requirement for traffic signals on the State Highway System in order for the City to obtain reimbursement from FDOT. Extra Work It is understood and agreed under this Agreement that the Contractor shall hold itself ready at all times to perform emergency planned maintenance for the City on traffic lights, caution lights, school flashers, and roadway safety lighting. In addition, the City shall have the Contractor perform the installation and construction of new equipment for the City under this Agreement. This includes major repairs or major changes in any system. The new construction or major repairs shall be performed only after receiving written notice from the City. The City shall reimburse the Contractor for its work at the RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 28 rate established in this Agreement for planned maintenance on an hourly basis and shall reimburse the Contractor for costs for materials and equipment in accordance with paragraph 5.a of this Agreement. If the Contractor desires to perform any work or project involving new installations or major repairs, the Contractor shall furnish the City a firm price for all the work necessary to perform such major repair or to complete such new construction. Time and Charges If it becomes necessary to install temporary controller due to damage to a traffic signal which changed the timing or sequence, or any other special feature of a traffic signal, the City shall be notified in writing giving the reason for the change, the nature of the change and the approximate date the traffic signal shall be returned to normal service. The City shall also be notified in writing within a reasonable time when the original equipment has been repaired and replaced. The City must authorize any and all timing changes on the City traffic signals. Whenever the City determines a condition that warrants the modification of timing or dial settings on traffic control systems, the City shall advise the Contractor of such changes and the Contractor shall keep timing and dial setting in accordance with the City's instructions at all time. In the event of an emergency, if the City is unavailable, the Contractor shall make such time changes as are necessary. Contractor's Records The Contractor shall maintain records in accordance with generally accepted accounting practices to document its costs and expenditures under this Agreement. The Contractor hereby grants the City and its duly authorized representatives' permission to audit the review any and all of the Contractor's records pertaining to the Agreement. The Contractor shall furnish the City all invoices and statements for which it requests reimbursement. Federal Grant Funded Job Orders For any Job Order that is federal grant funded, this pre-event contract is subject to the provisions of 2 C.F.R. Part 200 and the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Proper documentation as required by the Federal Emergency Management Agency (FEMA), or the Federal Highway Administration (FHWA), or other federal agency is required, per the attached federal requirements and corresponding forms. The work will begin upon written authorization by the City. No guarantee of minimum or maximum amounts per proposal item is made by the City under this Contract. No adjustment to proposed prices will be considered due to increases or decreases in estimated quantities. In the event that the natural disaster impacts another local government jurisdiction, the terms and conditions of this Agreement may apply to work in the affected jurisdiction, with the concurrence of both parties. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 29 The City, at its sole discretion, may award one or more contracts based on the proposals received and the potential demand for services related to natural disasters. Buy America The "Buy America" provisions in 23 U.S.C. 313 and FHWA implementing regulations (23 CFR Part 635.410) apply to all ER funded projects. These requirements prohibit the obligation of funds for a project unless all permanently incorporated steel and iron used in such projects are produced in the United States. This restriction applies to all contracts eligible for assistance under title 23, including the ER program, for a project within the scope of the NEPA review. Under certain circumstances a State may request, and FHWA may grant, a waiver from these requirements if the Secretary funds that the application of Buy America would be inconsistent with the public interest or that the required steel or iron products are not produced in the United States in sufficient quantities of a satisfactory quality. [23 U.S.C. 313(b) and 23 CFR 635.410(c)]. DHS Seal, Logo and Flags The contractor shall not use the Department of homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Media Interaction The contractor, including all sub-contractors, will not provide any information to the media without the expressed written permission of the City's Public Works Director. This includes on site interviews requested from any media outlet. All inquiries by a member of the media or any elected official will be directed to the City's Public Works Director. The Contractor will ensure this guidance is disseminated to all employees and sub-contractors on the project End of Scope REP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 30 EXHIBIT "B" PRICE PROPOSAL FORM (Page 1 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 1. The Contractor shall charge the prevailing rental rate to the City on all standard construction equipment. The following specialized traffic light equipment shall be charged to the lesser of the prevailing rental rate for the City or the following designated cost per hour: Equipment Price Per hour Bucket Truck Dollars Cents Written amount: Lift Truck Dollars Cents Written amount: Auger/Crane Truck $ Dollars Cents Written amount: Service Vehicle Dollars Cents Written amount: 2. Lump sum amount for monthly maintenance for all items listed on EXHIBIT C: Dollar and Cents Dollars Cents Written amount: (continued next page) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 31 EXHIBIT "B" PRICE PROPOSAL FORM (Page 2 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 3. Lump sum,amount for annual maintenance for all items listed on EXHIBIT C: (Bid Item number 2 amount multiplied by twelve (12) months). Dollar and Cents Dollars Cents Written amount: 4. Man-hour rate to be charged for service during business hours (Monday-Friday, 7:00 AM to 5:00 PM): Dollar and Cents Dollars Cents Written amount: 5. Man-hour rate to be charged for service during non-business hours & holidays: (After 5:00 PM and before 7:00 AM, including weekends and holidays): Dollar and Cents Dollars Cents Written amount: (continued next page) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 32 EXHIBIT "B" PRICE PROPOSAL FORM (Page 3 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 6. Man-hour rate per hour for regular time emergency maintenance (Monday-Friday, 7:00 AM to 5:00 PM): Dollar and Cents Dollars Cents Written amount: 7. Man-hour rate per hour for overtime emergency maintenance (After 5:00 PM and before 7:00 AM, including weekends and holidays): Dollar and Cents Dollars Cents Written amount: 8. Man-hour rate per hour for new equipment installation: Dollar and Cents Dollars Cents Written amount: (continued next page) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 33 EXHIBIT "B" PRICE PROPOSAL FORM (Page 4 of 4) RFP 22-000 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 9. Mark-up or discount offered for parts: % Mark-up or %Discount 10.a) Response Time for Service during business hours: minutes/hours b) Response Time for Service during non-business hours: minutes/hours 11.Contractor offers 24-hour live dispatch: Yes No The City reserves the right to delete any portion of the bid items above in order to meet budget constraints. Company Name Contractor's License Number Authorized Officer(print) Authorized Signature Date RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 34 EXHIBIT."C" List of the Current Traffic Signal Locations RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS 1. COLONIAL DRIVE (SR 50) @ MAGUIRE ROAD (CR 439) 2. COLONIAL DRIVE (SR 50) @ BLUFORD AVENUE 3. COLONIAL DRIVE (SR 50) @ BLACKWOOD AVENUE 4. COLONIAL DRIVE (SR SO) @ CLARKE ROAD/SR 408 RAMP 5. COLONIAL DRIVE (SR 50) @ WEST OAKS MALL ENTRANCE 6. FRANKLIN STREET (SR 438) @ SB SR 429 RAMP 7. FRANKLIN STREET.(SR 438) @ NB SR 429 RAMP 8. FRANKLIN ST (SR 438) @ OCOEE-APOPKA RD (S-R 437 /438) H.M. BOWNESS RD 9. SILVER STAR ROAD (SR 438) @ OCOEE-APOPKA ROAD (CR 437/SR 437) 10.SILVER STAR ROAD (SR 438) @ BLUFORD AVENUE 11.SILVER STAR ROAD (SR 438).@ CLARKE ROAD 12.OLD WINTER GARDEN ROAD@ PROFESSIONAL CENTER BLVD (EMERGENCY SIGNAL) 13.OLD WINTER GARDEN ROAD@ HEMPEL AVENUE 14.OLD WINTER GARDEN ROAD@ S. BLUFORD AVENUE 15.OLD WINTERGARDEN ROAD @ BLACKWOOD AVENUE 16.CLARKE ROAD@ WEST OAKS MALL DRIVEWAY—SOUTH 17.CLARKE ROAD@ WEST OAKS MALL DRIVEWAY- NORTH 18.CLARKE ROAD @ WHITE ROAD 19.BLUFORD AVENUE@ ORLANDO AVENUE (FS1 PREEMPTION) 20.BLUFORD AVENUE@ GENEVA STREET 21.BLUFORD AVENUE @ McKEY STREET 22.MAGUIRE ROAD@ GENEVA STREET/STORY ROAD 23.MAGUIRE ROAD@ WESMERE PARKWAY/WESMERE VILLAGE BLVD 24.MAGUIRE ROAD@ MOORE ROAD/ROBERSON ROAD 25.MAGUIRE RD@ PLANTATION GROVE SHOPPING CTR DRIVEWAY (FS3 EMERGENCY SIGNAL) 26.MAGUIRE ROAD@ TOMYN BLVD 27.MAGUIRE ROAD @ OLDWINTERGARDEN ROAD 28.A.D. MIMS ROAD@ CLARKE ROAD (RR PREEMPTION) 29.SILVER STAR ROAD (SR 438) @ OCOEE HILLS ROAD 30.FULLERSCROSS ROAD @ OCOEE APOPKA ROAD RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 35 Exhibit "[�` DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder,|n0000rdmncevvithFlohdo8tatute287.OB7 hereby certifies that it has adrug- free workplace program. In order to have e drug-free workplace program, a business shall: 1. Publish a statement notifying, erDp|0yeG8 that the UD|aVfU| n0aOVƒacture, distribution, dispensing, possession, or use of controlled substance is prohibited iO the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace,and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. |D the statement specified notify the employees that,as a cnDdUUOD0fVVoddVQ on the commodities or contractual services that are UDd�r bid, the employee will abide by the terms of the statement and will notify the employer Of any uODVi[tiDO of, or pleas of guilty or nold oonbondera to, any violation of Chapter 893 or of any controlled substance |emv of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. |O0pnSe a sanction on, or require the satisfactory participation in a drug abU' e assistance or rehabilitation program is such is available in the employee's community, by any employee who imsoconvicted. O. Make a good fa �efhorttocontinuetUnnaintainadru@-freevvodkp|amothnoughinmp|emmntobon of this section. � AS the person authorized to sign the statement, | certify-that this firm complies fully with the above-requirements. Signature By: ' (Print ov Type Name) Title: Dote RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL .36 EXHIBIT "E" SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINIS 1'ER OATHS. 1. This sworn statement is submitted to City of Ocoee, Florida by (Entity) by (Print individual's Name&Title) whose business address is - 2. I understand that a"public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States,including,but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust,fraud,theft,bribery, collusion,racketeering,conspiracy, or material representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime,with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,as a result of a jury verdict,non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an"affiliate" as defined in Paragraph 287.133(1)(a),Florida Statutes,means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term"affiliate"includes those officers, directors,executives,partners,shareholders,employees,members,and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in.Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a"person".as defined in Paragraph 287.133(1)(e),Florida Statutes,means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees,members, and agents who are active in management of an entity. 6. Based on information and belief,the statement I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 37 Neither the entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity,nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement,or one or more of the officers,directors,executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement,or one or more of the officers,directors,executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However,there has been a subsequent proceeding concerning the conviction before a Hearing Officer of the State of Florida,Division of Administrative Hearings. The final order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Please attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Date: Name of Bidder(Contractor) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME,the undersigned authority, who,after first being sworn by me, (Name of Individual Signing) affixed his/her signature in the place provided above on this day of ,20_. Notary Public My Commission Expires: RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 38 EXHIBIT "F" CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location,under this control,where segregated facilities are maintained.The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained.The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that(except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Governing Law: The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20 . By: (Title) Official Address (including Zip Code): RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 39 EXHIBIT "G" Certification Regarding Scrutinized Companies' Lists The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Name of Respondent: By: (Authorized Signature) Title: Date: RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 40 EXHIBIT "H" CERTIFICATION OF NONDISCRIMINATORY LABOR PRACTICES This certification relates to a construction contract proposed by the City of Ocoee Equal Opportunity Employment: The Contractor shall not discriminate on the basis of race, color, national origin, gender, age, handicapped status, veteran status, and/or religion in performing the work governed by this contract. The City is an Equal Opportunity Employer (EOE)and as such encourages all contractors to comply with EOE regulations. Any subcontract the Contractor may enter into shall include this clause with the same degree of application being encouraged. I am the undersigned prospective construction contractor or subcontractor. I certify that: (1) I have/ have not participated in a previous contract or subcontract subject to the Equal Opportunity Clause and (2) if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause, I have/ have not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I understand that, if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause and have failed to file all reports due under the applicable filing requirements, I am not eligible,and will not be eligible,to have my bid or offer considered,or to enter into the proposed contract or subcontract, unless and until I make an arrangement regarding such reports that is satisfactory to the office where the reports are required to be filed. I agree that I will obtain identical certifications from prospective lower-tier sub-contractors when I receive bids or offers or initiate negotiations for any lower-tier construction subcontracts with a price exceeding$10,000. I also agree that I will retain such certifications in my files. Date , 20 . By: (Signature of Authorized Official) (Name of Prospective Construction Contractor or Subcontractor) (Address of Prospective Construction Contractor or Subcontractor) (Telephone Number) (Employer Identification Number) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE I NCL PRE-EVENT FEDERAL 41 EXHIBIT"I" NON-COLLUSION AFFIDAVIT STATE OF ) COUNTY OF ) ,being first duly swore deposes and says: 1. He(it)is the (Owner,Partner,Office,Representative or Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners,owners, agents,representatives,employees,or parties in interest,including this affidavit, have in any way,colluded,conspired,connived or agreed,directly or indirectly, with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted;or to refrains from bidding in connection with such Contract;or have in any manner,directly or indirectly,sought by agreement or collusion,or communication,or conference with any Bidder, firm,or person to fix the price or prices in the attached Bid or of any other Bidder,or to fix any overhead,profit, or cost elements of the Bid price or the Bid price in any other Bidder, or to secure through any collusion, conspiracy,connivance,or unlawful agreement any advantage against(Recipient),or any person interested in the proposed Contract; 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents,representatives, owners, employees or parties in interest,including this affidavit. By: Title: Sworn and subscribed to before me this day of ,2008,in the State of ,Cityof Notary Public My Commission Expires: RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 42 EXHIBIT"J" BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION The undersigned,[Company] certifies, to the best of his or her knowledge,that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor, [Company] , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 43 EXHIBIT"K" RFP CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, or any FEMA, FHWA,FDOT employee, who owns assets or capital stock, directly or indirectly,in the Respondent's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services,Respondent agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term "conflict of interest""means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction,research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge,the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm,by attachment to this form,submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: Firm Name Signature Name and Title(Print or Type). Date RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 44 Exhibit"L" RFP#22-004 COMPANY INFORMATION&SIGNATURE SHEET FAILURE TO COMPLY WITH THESE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE"SCOPE OF WORK/ FEE RATES PROPOSAL FORM" ARE ACCURATE AND WITHOUT COLLUSION. THE RESPONDENT FURTHER AGREES TO COMPLY WITH ALL FEDERAL REQUIREMENTS IN THE PERFORMANCE OF THIS CONTRACT. COMPANY NAME TELEPHONE(INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID# Individual; Corporation; Partnership; Other(Specify) Sworn to and subscribed before me this day of ,20 . Personally Known or Produced Identification Notary Public-State of County of (Type of Identification) Signature of Notary Public Printed,typed or stamped Commissioned name of Notary Public RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 45 FHWA-1273 -- Revised May 1, 2012 EXHIBIT "M" REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination Ill. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying 1. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE 1NCL PRE-EVENT FEDERAL 46 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension /debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 47 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 48 c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall,be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 49 c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 50 b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such • information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants/ Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT-approved DBE program are incorporated by reference. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 51 b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the- job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of$10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 52 storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters"with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which,is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 53 mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 54 authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any, laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 55 the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under§5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under§5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 56 individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 57 plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 58 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the.Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 59 the clause set forth in paragraph (2,) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 60 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self- performance requirements. VII. SAFETY: ACCIDENT. PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary.to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work,in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 61 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; REP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 62 Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more— as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification— First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 63 transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 64 required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) 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; (3) 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 (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 65 a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier. Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower.Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 66 covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://vvvvvv.epls.gov/), which is compiled by the General Services Administration.. h. 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 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * ** * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * Xl. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable tol all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee,of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 67 continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. (Remainder of this page left blank intentionally) RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 68 EXHIBIT "N" Appendix II to Part 200 - Contract Provisions For Non-Federal Entity Contracts Under Federal Awards 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. (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. (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 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor." (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 orPublic 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. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 69 (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. (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. (G) Clean Air Act(42 U.S.C. 7401-7671q.) 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. 7401-7671q) 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). (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. (I)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. (J) See § 200.323. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 70 (K) See §200.216. (L) See §200.322. [78 FR 78608, Dec.26,2013, as amended at 79 FR 75888,Dec. 19,2014; 85 FR 49577,Aug. 13,2020] RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 71 Exhibit "0" "General Decision Number: FL20220180 02/25/2022 Superseded General Decision Number: FL20210180 State: Florida Construction Type: Highway County: Orange County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a) (2) -(60) . If the contract is entered . Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract. renewed or extended (e.g. , an . The contractor must pay option is exercised) on or _all covered workers at after January 30, 2022: least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. If the contract was awarded on . Executive Order 13658 or between January 1, 2015 and generally applies to the January 29, 2022, and the contract. contract is not renewed or . The contractor must pay all extended on or after January covered workers at least 30, 2022: $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) •for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 72 https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 ELEC0915-004 12/01/2021 Rates Fringes ELECTRICIAN $ 31.69 41%+$0.35 * SUFL2013-041 08/19/2013 Rates Fringes CARPENTER, Includes Form Work $ 15.73 0.00 CEMENT MASON/CONCRETE FINISHER $ 12.95 ** 0.31 FENCE ERECTOR $ 10.23 ** 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 15.45 0.00 HIGHWAY/PARKING LOT STRIPING: Painter $ 12.13 ** 0.00 IRONWORKER, ORNAMENTAL $ 13.48 ** 0.00 IRONWORKER, REINFORCING $ 16.28 0.00 IRONWORKER, STRUCTURAL $ 16.42 0.00 LABORER (Traffic Control Specialist) $ 11.61 ** 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 14.05 ** 0.00 LABORER: Common or General $ 10.95 ** 0.00 LABORER: Flagger $ 13.09 ** 0.00 LABORER: Grade Checker $ 15.25 0.00 LABORER: Mason Tender - Cement/Concrete $ 12.58 ** 0.00 LABORER: Pipelayer $ 14.12 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 18.33 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 12.88 ** 0.00 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 73 OPERATOR: Broom/Sweeper $ 12.91 ** 0.00 OPERATOR: Bulldozer $ 15.22 0.00 OPERATOR: Concrete Finishing Machine $ 15.44 0.00 OPERATOR: Crane $ 23.11 0.00 OPERATOR: Curb Machine $ 18.45 0.00 OPERATOR: Drill $ 13.04 ** 0.00 OPERATOR: Forklift $ 10.43 ** 0.00 OPERATOR: Grade?' $ 14.71 ** 0.00 OPERATOR: Grader/Blade $ 18.20 0.00 OPERATOR: Loader $ 14.64 ** 0.00 OPERATOR: Mechanic $ 18.05 0.00 OPERATOR: Milling Machine $ 14.79 ** 0.00 OPERATOR: Oiler $ 16.67 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 14.91 ** 0.00 OPERATOR: Piledriver $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) $ 15.97 0.00 OPERATOR: Roller $ 13.50 ** 0.00. OPERATOR: Scraper $ 12.21 ** 0.00 OPERATOR: Screed $ 14.24 ** 0.00 OPERATOR: Trencher $ 14.25 ** 0.00 PAINTER: Spray $ 19.57 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation $ 17.23 0.00 TRUCK DRIVER: Dump Truck $ 13.82 ** 0.00 TRUCK DRIVER: Flatbed Truck $ 14.28 ** 0.00 TRUCK DRIVER: Lowboy Truck $ 15.89 0.00 TRUCK DRIVER: Slurry Truck $ 11.96 ** 0.00 TRUCK DRIVER: Water Truck $ 13.29 ** 0.00 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 74 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25).. Please see the Note at the top of the wage detelmination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the MO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 75 the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 76 On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 77 EXHIBIT "Pl" PERFORMANCE BOND KNOW ALL MIEN BY THESE PRESENTS that , (hereinafter referred to as "Principal"), and , a corporation organized under the laws of the State of and licensed to do business in the State of , (hereinafter referred to as "Surety"), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of , for the,payment of which sum well and truly made, Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ,entered into a contract, hereinafter, referred to as the "Contract" with Obligee for the construction of OhereinaRer gEi 111):9 "Project" in accordance with the plans and specifications prepared by , dated zwit NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Contract including,but not limited to,the making of payments to persons or entities providing labor,materials or services to Principal under the Contract,within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or(iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. In the event that the Surety fails to fulfill its obligations under this Performance Bond,then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 78 proceedings,resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond,and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL). (Official Title) Surety By: (SEAL) (Official Title) NOTES: If Principal and Surety are corporations,the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney- In-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 79 EXHIBIT "P2" Statutory Payment Bond Pursuant to Florida Statutes,255.05, et seq. KNOW ALL MEN BY THESE PRESENTS,THAT (hereinafter called the "Principal"), as Principal, and , a corporation organized and existing under the laws of the State of ,hereinafter called the"Surety"), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the "Obligee"), by bond number in the sum of Dollars and . Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written Contract with the Obligee dated , 20 to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1),Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection(2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 80 (Seal) (Principal) By (Name&Title) (Signature) Witness or Secretary's Attestation (Seal) (Surety) By (Name&Title*) (Signature) Witness or Secretary's Attestation *Attach Power-Of-Attorney END OF SECTION RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 81 Mayor - Commissioners Rusty Johnson Larry Brinson, Sr, District 1 Citv Manager 1 Rosemary Wilsen, District 2 Richard Firstner, District 3 Robert Frank George Oliver III, District 4 ocoee florida May 17, 2022 ADDENDUM NO. ONE (1) CITY OF OCOEE RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS This addendum shall modify and become a part of the original RFP documents for Traffic Signal Management and Maintenance Term Contract,including Pre-Event Federal Grant Funded Projects. This addendum consists of one (1) page. Respondents shall acknowledge receipt of this addendum in the space provided on Page 20 of the RFP.Failure to do so may subject the Respondent to disqualification. Answers to questions received and/or amendments to the RFP documents are as follows: 1. The contact person for this RFP has been changed from the original newspaper advertisement. All inquiries should be emailed to Joyce Tolbert, CPPB, Procurement Manager at jtolbertocoee.org. 2. Respondents to this RFP must be registered on SAM.gov before award due to the pre-event federal grand funded projects. 3. Exhibit A: Scope of Work, first paragraph, is hereby revised to: The tenii of this contract is for an initial one(1)year, with(4)four annual automatic renewals; and(1)2-year optional renewal at the City's discretion. tire=met Joyce Tolbert,CPPB Procurement Manager cc:Evaluation Committee Mayor Commissioners Rusty Johnson Larry Brinson, Sr, District 1 City Manager ‘....00,11:10r Rosemary Wilsen, District 2 Richard Firstner, District 3 Robert Frank George Oliver III, District 4 ocoee florida May 23, 2022 ADDENDUM NO. TWO (2) CITY OF OCOEE RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS This addendum shall modify and become a part of the original RFP documents for Traffic Signal Management and Maintenance Term Contract,including Pre-Event Federal Grant Funded Projects. This addendum consists of one (1) page. Respondents shall acknowledge receipt of this addendum in the space provided on Page 20 of the RFP. Failure to do so may subject the Respondent to disqualification. Answers to questions received and/or amendments to the RFP documents are as follows: Ql. Can you please clarify the total length of the contract? Page 14 states that there are "four (4) automatic one-year extensions",but page 25 states "five(5) annual automatic renewals" Al. See Addendum No. 1. Q2. Section 14 (page 14) states that"labor rates may be escalated up to 3%upon renewal of the contract each year". Will the City allow a similar escalation of monthly maintenance rates as well, considering this scope is primarily labor-driven? A2. No. Q3. As this contract appears to be primarily focused on maintenance, can Section 19(4): City Protective Liability Insurance be stricken from contractual requirements? A3. Insurance is not required to submit a proposal. After review of the successful contract, the City's Risk Manager will make this determination of whether any coverage(s) may be waived. thw gave Joyce Tolbert,CPPB Procurement Manager cc:Evaluation Committee