HomeMy WebLinkAboutItem 09 Approval of FY 2025-2026 Traffic Signal Repair and Replacement Projects
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: October 21, 2025
Item #: 9
Contact Name: Kiel Gajadhar Department Director: Stephen Krug
Contact Number: Ext. 6005 City Manager: Craig Shadrix
Subject: Approval of FY 2025-2026 Traffic Signal Repair and Replacement Projects with
Control Specialists. (Assistant Public Works Director Gajadhar)
Background Summary:
Public Works included the following traffic signal system maintenance projects in the Capital, Repair and
Replacement program, and the Transportation Improvement Bond for the current budget:
1. Replace illuminated street name signs on Old Winter Garden Rd. — $67,392
2. Upgrade traffic signal and video detection at Mckey St. and Bluford Ave. — $98,925
3. Replace video detection system at Maguire Rd. at Roberson Rd. / Moore Rd. — $44,400
4. Upgrade controller cabinet at Clarke Rd. and White Rd. — $53,625
5. Install 6 UPS (Uninterrupted Power Supply) battery backups for traffic signal cabinets — $79,800
Public Works solicited pricing through the City's term contract, RFP 22-004, for traffic signal management and
maintenance with Control Specialists, the City’s Traffic Signal Maintenance Contractor. The attached quotes
are in line with FDOT construction industry pricing. Numbers 1 through 4 are normal lifespan maintenance for
the signals and street signs on the City right of way. Item 5 will provide the installation of battery backups for
six (6) traffic signals. The backups will provide uninterrupted electricity to the lights in the event of a power
failure, giving staff and the power company time to mobilize and respond to the issue. The following six (6)
traffic signals are budgeted for battery backups this year:
- Bluford Ave. and Old Winter Garden Rd.
- Blackwood Ave. and Old Winter Garden Rd.
- White Rd. and Clarke Rd.
- Clarke Rd. and West Oaks Mall Entrance (2)
- Maguire Rd. and Story Rd.
Public Works recommends issuing a purchase order to our Traffic Signal Maintenance Contractor, Control
Specialists, as they will be responsible for the maintenance of the capital projects that are adequately funded
in the budget.
Issue:
Should the Honorable Mayor and City Commissioners approve issuing a purchase order to Control Specialists
Corp. for the traffic signal system maintenance projects incorporated in the current budgeted programs?
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve issuing a purchase order to the
City’s Traffic Signal Maintenance Contractor and Control Specialists, to; 1) Replace illuminated street name
signs on Old Winter Garden Rd. — $67,392, 2) Upgrade traffic signal and video detection at Mckey St. and
Bluford Ave. — $98,925 , 3) Replace video detection system at Maguire Rd. at Roberson Rd. / Moore Rd. —
$44,400, 4) Upgrade controller cabinet at Clarke Rd. and White Rd. — $53,625, 5) Install UPS (Uninterrupted
Power Supply) battery backups for traffic signal cabinets — $79,800.10, and authorize the City Manager and
staff to approve and execute change orders to the work in accordance with the limits established in the
Purchasing Code.
Attachments:
1. RFP22004 Contract Traffic Signal Management and Maintenance Control Specialists
2. Battery Backups
3. Ocoee- Illuminated sign Quote
4. Bluford and McKey Upgrade
5. Maguire and Roberson Upgrade
6. Clarke and White Cabinet Upgrade
Financial Impacts: The cost of the work is adequately funded in the FY2025-2026 Streets Division Capital,
Repair and Replacement Program for Public Works, and the Transportation Improvement Bond as shown
below:
Maintenance Projects Job
Number
Replace illuminated street name signs on Old Winter Garden Rd. — $67,392 RR002-26
Upgrade traffic signal and video detection at Mckey St. and Bluford Ave. —
$98,925 P000465
Replace video detection system at Maguire Rd. at Roberson Rd. / Moore Rd. —
$44,400 P000467
Upgrade controller cabinet at Clarke Rd. and White Rd. — $53,625 P000466
Install 6 UPS (Uninterrupted Power Supply) battery backups for traffic signal
cabinets — $79,800 A000551
Type of Item: Consent
TERM CONTRACT FOR
RFP #22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE TERM
CONTRACT, INCLUDING PRE-EVENT FEDERAL GRANT FUNDED PROJECTS
THIS AGREEMENT is made this 30 day of, 2007Q , by
and between the CITY OF OCOEE, a Florida municipal corporation, .1 North Bluford Avenue,
Ocoee, Florida 34761 (hereinafter referred to as the "City") and TRAFFIC ENGINEERING
AND MANAGEMENT, LLC dba CONTROL SPECIALISTS, a Florida limited liability
company, 707 Nicolet Avenue, Suite 100-A, Winter Park, Florida 32789 (hereinafter referred to
as the"Contractor").
RECITALS
WHEREAS,the City solicited proposals to perform certain traffic signal management and
maintenance work, including pre-event federal grant funded projects as set forth in RFP #22-004
and its Exhibits to include all terms and federal requirements,a complete copy of which is attached
hereto as Exhibit "1" and by this reference made a part hereof(the"RFP");
WHEREAS, the City has made an award to the Contractor to. perform traffic signal
management and maintenance work, including pre-event federal grant funded projects, pursuant
to the terms of the RFP; and
WHEREAS, the Contractor is capable of performing the Work and agrees to perform the
Work pursuant to the terms of this Agreement, and for the prices and rates specified in the
Contractor's response to the RFP, a copy of which is attached hereto as Exhibit "2" and by this
reference made a part hereof(the "Proposal").
NOW THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto,the receipt and sufficiency of which is hereby
acknowledged,the parties hereto incorporate by reference the above recitals and agree as follows:
Recitals; Definitions. The above recitals are true and correct and incorporated herein by
this reference. All capitalized terms not otherwise defined herein shall be as defined or described
in the RFP,unless otherwise indicated.
Scope of Work. The Contractor shall provide the labor,services and materials as specified
in the RFP to provide the necessary services for emergency repair, planned maintenance, new
installations of traffic lights,caution lights, school flashers,and roadway safety lighting throughout
the City, including these services as part of pre-event federal grant funded projects (the "Work").
The Contractor shall furnish all materials, tools, equipment, manpower, and consumables to
complete the Work. In the event Contractor declines the work after the issuance of a Notice to
Proceed or Purchase Order issued by the City, Contractor shall provide the City with a formal
declaration of work refusal.
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 1
Term of Agreement. This Agreement shall be for an initial period of one (1) year
commencing on October 1,2022,and four(4) automatic one-year extensions; each of which shall
automatically commence on the anniversary of the Effective Date unless the City exercises its sole
option not to proceed with the renewal term. The City, at its sole discretion,may refuse to exercise
the renewal options by providing written notice of same to Contractor not later than thirty (30)
days before the expiration of a term. The City shall have the option of extending the term for an
additional two (2) year period after completion of the renewal terms.
Compensation. Contractor agrees to perform the Work for the rates and prices specified
in Contractor's Proposal. The amounts as specified in the Contractor's Proposal may be increased
or decreased by the City under the Extra Work provision of this Agreement, through the issuance
of a Change Order, if applicable. Any prices specified in this Agreement, will remain firm for the
first year of this Agreement. The contract labor rates may increase 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. For the renewal terms of this Agreement, if the Contractor proposes to make a price
adjustment,the Contractor shall first give the City written notice thereof, with explanations stated
for the price adjustment, and,such notice shall be given at least one hundred-twenty(120) calendar
days prior to the one (1) year renewal term for which the price adjustment is sought. Adjustments
not otherwise provided for in the RFP and this Agreement will only be,permitted solely at the
discretion of the City. Nothing contained herein shall affect the City's right to terminate this
Agreement for Convenience as provided herein.
Payment. Payments made by the City to the Contractor shall be deemed to fully
compensate the Contractor for all labor, supervision, administration, material, fuel, mobilization,
and equipment rental incurred, expended or performed by the Contractor to provide traffic signal
management and maintenance, including pre-event federal grant funded projects. Invoices shall
be submitted by the Contractor to the City at the end of each authorization or on a monthly basis.
All invoices shall be payable in accordance with the procedures set forth in the RFP and for the
proposed prices as set forth in the Contractor's proposal. The City reserves the right, with
justification,to partially pay any invoice submitted by the Contractor. NOTE: ALL INVOICES
MUST CLEARLY INDICATE: CITY AGREEMENT #RFP 22-004 TRAFFIC SIGNAL
MANAGEMENT AND MAINTENANCE TERM CONTRACT, INCLUDING PRE-
EVENT FEDERAL GRANT FUNDED PROJECTS.
Contractors Officers and Employees.
Contractor's Officer(s): The Contractor shall assign a qualified person or persons to be
in charge of the operations within the City and shall provide the name(s) of such person(s) and
related contact information to the City. Information regarding the person's experience and
qualifications shall also be furnished. Supervisory employees must be available for consultation
with City staff within a reasonable and practicable time after notification of a request for such
consultation. The supervisor(s) shall operate a vehicle which provides mobile communication for
immediate contact with City staff.
Conduct of Employees: The Contractor shall see to it that its employees serve the public
in a courteous,helpful, and impartial manner.
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 2
Employee Uniform Regulations: During working hours, the Contractor's employees
shall wear a uniform or shirt bearing the company's name. Lettering stitched on or identifying
patches permanently attached to unifotin shirts and jackets will be acceptable. The Contractor
shall keep a record of employees' names and numbers assigned.
Driver's License: Each vehicle operator shall, at all times, carry a valid Florida driver's
license for the type of vehicle that is being driven.
Patents and Copyrights. The Contractor shall pay all royalties and assume all costs
arising from the use of any invention, design, process, materials, equipment, product or device in
performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at
its own expense, hold harmless and defend the City against any claim, suit or proceeding brought
against the City which is based upon a claim,whether rightful or otherwise, that the Work, or any
part thereof, furnished under this Agreement, constitutes an infringement of any patent or
copyright of the United States. The Contractor shall pay all damages and costs awarded against
the City.
Termination for Cause. If Contractor fails or neglects to perform a material obligation
under this Agreement the City shall provide written notice to the Contractor that the Contractor is
in default and that City intends to teiminate this Agreement if the default(s) are not cured. If the
Contractor fails to cure the default(s) or, if such default(s) cannot practicably be cured within five
5) days and Contractor fails to diligently commence to correct the default(s), then the City may,
without prejudice to any other remedy, cure such default(s) and/or rectify such deficiencies and
charge the Contractor the reasonable cost thereof; or, at the City's option, may terminate this
Agreement. In the event of such termination for cause the Contractor shall turn over to the City
all documents, materials, plans, specifications, manuals, records, submittals, correspondence,
minutes, memoranda, tape recordings, videos, or other things or electronic data that relate to or
concern the work performed by the Contractor under this Agreement. If it is later determined that
the City's termination for cause under this Agreement was improper or not justified, then the
parties agree that the termination of the Contractor shall be deemed and treated as a termination
for convenience and,the Contractor's sole and exclusive remedy shall be to receive compensation
in the same manner as prescribed for a termination for convenience.
Termination for Convenience. The City may terminate this Agreement at any time solely
for its convenience by providing the Contractor with thirty (30) days written notice. In the event
of such a termination by the City for convenience,the City shall be shall pay for all Work properly
performed prior to the effective date of the termination and for all materials, supplies and services,
which were reasonably utilized to perform the Work through the effective date of the termination
for convenience and other normal and reasonable costs incurred by the Contractor that are caused
by or reasonably arise out of the termination for convenience.
Warranty. The Contractor warrants that the Work including equipment and materials
provided shall confoiiii to professional standards of care and practice in effect at the time the Work
is performed; be free from all faults, defects or errors; and be of the highest quality. If the
Contractor is notified in writing of a fault, deficiency or error in the Work provided within one (1)
year from expiration date of this Agreement,the Contractor shall, at the City's option, either redo
such portions of the Work to correct such fault, defect or error, at no additional cost to the City; or
RFP22-004 Traffic Signal Management&Maintenance Inch Pre-Event Federal Page 3
refund to the City the amount paid by the City which is attributable to such portions of the faulty,
defective or erroneous Work, including the costs for obtaining another Contractor to redo the
Work.
ALL MATERIALS AND SERVICES PROVIDED BY THE CONTRACTOR, SHALL BE
MERCHANTABLE AND FIT FOR THE PURPOSES INTENDED.
THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK
PERFORMED UNDER THIS AGREEMENT.
Time of Completion. Time is of the essence in the performance of this Agreement. All
Work shall be performed regularly, diligently, and uninterrupted within the times and in
accordance with the specified schedule provided by the City. The City shall provide Contractor
with a reasonable extension of time for any delay caused by acts of God, fire, flood, hurricanes,
lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default
of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's
control which prevent or hinder the performance of the Contractor.
Indemnification. To the fullest extent provided by law,Contractor shall indemnify,defend
and hold harmless the City and all of its officers, agents and employees from all claims, loss,
damage, cost, charges or expense including, but not limited to reasonable attorneys' fees, to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor,
its agents, employees, or subcontractors during the performance of the Agreement. The City shall
use its best efforts to promptly notify the Contractor in writing of any Claims and shall provide the
Contractor with information regarding the Claims as the Contractor may reasonably request, but
the failure to give such notice or provide such information shall not diminish the obligations of the
Contractor under this Section.
Correction of Work. The Contractor shall promptly correct all Work rejected by the City
as faulty, defective, or failing to conform to this Agreement. The Contractor shall bear all costs
of correcting such rejected Work. In the event that Contractor fails to timely correct the Work,
then the City, at its sole discretion and without waiving any other rights or remedies under this
Agreement, may deduct from any amounts due under this Agreement, the actual cost paid by the
City to a third party to perform the Work. If the City performs such work with its own personnel
then the City may deduct from any amounts due under this Agreement such amount equal to what
the Contractor would have charged for doing the work, plus 110% of such amount.
Right to Audit Records. The City shall be entitled to audit the books and records of the
Contractor or any sub-contractor to the extent that such books and records relate to the performance
of this Agreement or any sub-contract to this Agreement. Such books and records shall be
maintained by the Contractor for a period of three (3) years from the date of final payment under
this Agreement and by the subcontractor for a period of three (3) years from the date of final
payment under the sub-contract unless a shorter period is otherwise authorized in writing.
Information. All information,data,designs,plans, drawings, and specifications furnished
to or developed for the City by the Contractor or its employees, pursuant to this Agreement, shall
RFP22-0 04 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 4
be the sole property of the City and all rights therein are reserved by the City, except that the
Contractor may disclose any such information to its corporate affiliates and their agents.
Safety Measures. The Contractor shall take all necessary precautions for the safety of the
City's and Contractor's employees and the general public and shall erect and properly maintain at
all times all necessary vehicular and facility safeguards for the protection of the workers and
public. If necessary, the Contractor shall post signs warning against hazards in and around the
work site.
Extra Work. The City, without invalidating this Agreement, may order changes in the
Work within the general scope of this Agreement consisting of additions, deletions, or other
revisions,the Agreement price and time being adjusted accordingly. All such changes in the Work
shall be authorized by a written Change Order to this Agreement, and shall be executed under the
applicable conditions of the Agreement.
Price Adjustments. The contract labor rates shall increase no more than 3%upon renewal
of the contract each year. All other provisions of the contract shall remain constant for the life of
the contract.
Performance of Agreement.
The Contractor's performance of this Agreement shall be supervised by the
Director of Public Works or his or her authorized representative (the "Director"). If at any time
during the term of this Agreement, performance is considered unsatisfactory to the Director, the
Contractor shall increase the work force, tools, and equipment as needed to properly perform this
Agreement. The failure of the Director to give such notification shall not relieve the Contractor
of his obligation to perform the Work at the time and in the manner specified by this Agreement.
The Contractor shall furnish the Director with every reasonable opportunity for
ascertaining whether or not the Work, as performed, is in accordance with the requirements of this
Agreement.
The Director may appoint qualified persons to inspect the Contractor's operation
and equipment at any reasonable time and the Contractor shall admit authorized representatives of
the City to make such inspections at any reasonable time and place.
Familiarity With The Work. The Contractor by executing this Agreement,acknowledges
full understanding of the extent and character of the Work required and the conditions surrounding
the performance thereof The City will not be responsible for any alleged misunderstanding of the
Work to be furnished or completed, or any misunderstanding of conditions surrounding the
performance thereof It is understood that the execution of this Agreement by the Contractor serves
as the Contractor's stated commitment to fulfill all the conditions referred to in this Agreement.
Insurance.
The Contractor, at all times during the term of this Agreement, shall meet the
following requirements:
RFP22-004 Traffic Signal Management&Maintenance Ind Pre-Event Federal Page 5
Maintain all insurance coverages required by this Agreement and the Insurance
Requirements stated in RFP#22-004 to which this Agreement and the award of the contract
was based on (the "RFP").
Maintain any additional coverage required by the City.
Name the City as an additional insured on all liability policies required by this Agreement.
When naming the City as an additional insured, the insurance companies shall agree and
will endorse the policies to state that the City will not be liable for the payment of any
premiums or assessments.
Make no change or cancellation in insurance without thirty (30) days prior written notice
to the City.
File original signed Certificates of Insurance, evidencing such coverage and endorsements
as required herein with the City for approval before work is started. The certificate must
state the Proposal Number and Title. Upon expiration of the required insurance, the
Contractor must submit updated certificates of insurance during the term of this
Agreement.
1. It is understood and agreed that all policies of insurance provided by the Contractor are primary
coverage to any insurance or self-insurance the City possesses that may apply to a loss resulting
from the work performed under this Agreement.
2. All policies issued to cover the insurance requirements herein shall provide full coverage from
the first dollar of exposure and shall be made available to the City upon request to the
Contractor. No deductibles will be allowed in any policies issued on this Agreement unless
specific safeguards have been established to assure an adequate fund for payment of deductibles
by the insured and approved by the City.
3. Compliance by the Contractor with the foregoing requirements as to carrying insurance and
furnishing copies of the insurance policies shall not relieve the Contractor of its liabilities and
obligations under any section or provision of this Agreement or under applicable law.
4. Insurance coverage required shall be in force throughout the term of this Agreement. Should
the Contractor fail to provide acceptable evidence of current insurance within seven(7) days of
receipt of written notice at any time during the term, the City shall have the right to consider
this Agreement breached and declare a default by the Contractor.
If the Contractor does not meet the insurance requirements of this Agreement,
alternate insurance coverage, satisfactory to the City, may be considered.
Miscellaneous Provisions.
The City and other authorizing agencies shall have the right to inspect the site,
verify quantities and review operations at any time.
m,. D
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 6
The Contractor shall not employ subcontractors without the advance written
permission of the City.
Contractor shall not assign this Agreement without the advance written consent of
the City.
The Contractor shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations pertaining to the performance of Work under this
Agreement.
No waiver, alterations, -consent or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by the City.
The Contractor is to procure all permits, licenses, and certificates, or any such
approvals of plans or specifications as may be required by federal, state and local laws,
ordinances, rules, and regulations, for the proper execution and completion of the Work
under this Agreement.
The Contractor shall at all times,keep the its work areas free from accumulation of
waste materials or rubbish caused by its operations, and promptly remove any such
materials to an approved disposal location and leave each location where it performs
services in a broom clean condition.
The Contractor is responsible for all damage or loss by fire, theft or otherwise, to
materials, tools, equipment, and consumables left on City property by the Contractor.
This Agreement is considered a non-exclusive Agreement between the parties.
This Agreement is deemed to be under and shall be governed by, and construed
according to, the laws of the State of Florida. The parties agree that the provisions of
Chapter 558, Florida Statutes are not applicable to this Agreement.
As a condition precedent to the filing of any suit or other legal proceeding, the
parties shall endeavor to resolve claims,disputes or other matters in question by mediation.
A party shall initiate mediation by serving a written request for mediation on the other
party. The parties shall,by mutual agreement, select amediator within fifteen(15) days of
the date of the request for mediation. If the parties cannot agree on the selection of a
mediator,then the City shall select the mediator who,if selected solely by the City shall be
a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding
shall be filed until the mediator declares an impasse,which declaration, in any event, shall
be issued by the mediator not later than sixty (60) days after the initial mediation
conference.
The parties agree that this Agreement was entered into in Orange County, Florida,
and that the performance of the parties under this Agreement shall be deemed to be
accomplished in Orange County, Florida, and that payment is due in Orange County,
Florida, and that the venue for any mediation, collection or enforcement action under this
Agreement shall be in Orange County, Florida. The exclusive venue of any litigation or
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 7
other judicial proceeding between the parties shall be the Circuit Court of the Ninth Judicial
Circuit in and for Orange County, Florida. The laws of the State of Florida shall govern
the validity, construction and performance of this Agreement without reference to its
conflict of laws provisions.
WAIVER OF JURY TRIAL. Contractor hereby voluntarily and intentionally
waives the right to a trial by jury in respect to any litigation arising out of, under, or in
connection with this Agreement or in connection with any course of conduct, course of
dealing, statements (whether verbal or written) or action of either party, whether in
connection with this Agreement or otherwise unrelated thereto. This Waiver of Jury Trial
shall be binding upon all successors and assigns of the parties hereto.
The undersigned hereby certify that this Agreement is made without prior
understanding, agreement or connection with any corporation, firm or person who
submitted bids for the Work covered by this Agreement and is in all respects fair and
without collusion or fraud. As to Contractor,the undersigned hereby warrants and certifies
that it is authorized to enter into this Agreement and to execute same on behalf of the
Contractor as the act of the said Contractor.
This Agreement, including Exhibit "1" and Exhibit "2" hereto, contains all the
terms and conditions agreed upon by the parties. No other agreements, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind either
party hereto.
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 federal
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.
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.
in addition to compliance with the Required Contract Provisions for Federal-Aid
Construction Contracts stated in the RFP and the RFP Exhibits and incorporated herein as Exhibits,
the Contractor shall coordinate with the City, the Federal Highway Administration (FHWA) and
the Federal Emergency Management Agency (FEMA) in the performance and administration of
the federal requirements of this contract. The Contractor will comply with all applicable federal
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 8
law, regulations, executive orders, FEMA policies, procedures, and directives, and FHWA
regulations, as amended from time to time.
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.
The Contractor shall conduct the Work so as not to interfere with the disaster response and
recovery activities of federal, state, and local governments or agencies, or of any public utilities.
Order of Precedent. In the event of a conflict between the provisions of this Agreement
along with the terms of the RFP and its Exhibits, and Federal Code, the more restrictive rule shall
prevail.
Severability. If any part, section, subsection, or other portion of this Agreement is declared void,
unconstitutional, invalid for any reason, such part, section, subsection or other portion, or the
prescribed applications thereof, shall be severable, and the remaining provisions of this
Agreement, and all applications thereof not having been declared void, unconstitutional or invalid
shall remain in full force and effect. The City and the Contractor declare that no invalid or
prescribed provision or application was an inducement at the execution of this Agreement, and
that they would have executed this Agreement,regardless of the invalid or prescribed provision or
application.
Attorneys Fees. In the event that either party finds it necessary to commence an action against
the other party to enforce any provisions of this Agreement:or because of a breach by the other
party of any of the terms hereof,.the prevailing party shall be entitled to recover from the other
party its reasonable attorneys' fees, paralegal fees and costs incurred in connection therewith, at
both trial and appellate levels, including bankruptcy proceedings and the right to such reasonable
attorneys' fees,paralegal fees,and costs shall be deemed to have accrued from the commencement
of such action and shall be enforceable whether or not such action is prosecuted to judgment.
Notices. All notices and approvals which any party shall be required or shall desire to make or
give under this Agreement shall be in writing and shall be made or given (i) by certified mail,
postage prepaid, return receipt required, (ii) by hand delivery to named individuals representing
the party to be notified, or (iii).by private parcel, next day (delivery service). Notices, including
notice of a change of address or telephone number, shall be addressed or transmitted to the
addressees set forth below,or that a party may otherwise designate in the manner prescribed herein:
As to the City: Director of Public Works
City of Ocoee
1 N. Bluford Avenue
Ocoee, Florida 34761
Phone: (407) 905-3170
with a copy to: Procurement Manager
City of Ocoee
1 N. Bluford Avenue
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 9
Ocoee, Florida 34761
As to Contractor: William Bruce O'Donoghue, CEO
Traffic Engineering and Management, LLC. Dba
Control Specialists
707 Nicolet Avenue, Suite 100-A
Winter Park, FL 32789
Phone: (407)628-1965
Notices and approvals given or made as aforesaid shall be deemed to have been given and received
on the date of actual receipt.
Entire Agreement: This Agreement embodies and constitutes the entire understandings
of the parties with respect to the matters contemplated herein, and all prior or contemporaneous
agreements, understandings, representations, and statements, oral or written are merged into this
Agreement. Neither this Agreement nor any provisions hereof may be waived, modified,
amended, discharged, or terminated except by an instrument in writing signed by the party against
whom the enforcement of such waiver, modification, amendment, discharge, or termination is
sought, and then only to the extent set forth in such instrument.
Captions: Captions of the section and subsections of this Agreement are for the
convenience and reference only,and the words contained therein shall in no way be held to explain,
modify, amplify or aid in the interpretation, construction or meaning of the provisions of this
Agreement.
Public Records Compliance:
The City of Ocoee (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 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
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 10
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 407-905-3105, CCDL@OCOEE.ORG,
WITH AN OFFICE LOCATED AT 1 NORTH BLUFORD AVENUE,
OCOEE, FLORIDA 34761.
Counterparts: This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original,but all of which together shall constitute one and the same
instrument.
Signature page follows.)
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 11
IN WITNESS WHEREOF, Contractor and the City have caused this Agreement for
Traffic Signal Management and Maintenance Term Contract, including Pre-Event Federal Grant
Funded Projects to be executed by their duly authorized officers as of the day and year first above
written.
CONTRACTOR:TRAFFIC
Witness Print Name: 4k i.e L . 14-"4-I4er- ENGINEERING AND MANAGEMENT
LLC DBA CONTROL SPECIALISTS
0-7cc?Witness P t /17, -roma 2 % 1 •
I •r pp pi
a Florida limited liability compa•--
By: 11104-4-
Name: . ruGe. 12 -Do no Le_
Title: CPT)
SEAL)
CITY OF OCOEE;FLORIDA
By:\
usty on jefm-AH4574:1
PlelaflIG ibbnCryiekrie
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON July 19, 2022 UNDER AGENDA ITEM
LEGALITY this 304-day of Avo , 4, NO. 6.
2022.
SHUFFIELD, LOWMAN & WILSON,
P.A.
Scott A. Cookson, City Attorneyk)
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 12
0140 TRAFENG-01 DSMITH2
ACOREY
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
461.------ 6/29/2022
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 CONTACT
NAME:
Hub International Florida PHONE FAX
1560 Orange Avenue A/C,No,Est):(407) 894-5431 I(A/C,Ne):(407)629-6378
Suite 750 ADDRESS:Certificates.FLA@HubInternational.com
Winter Park,FL 32789
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Transportation Insurance Company 20494
INSURED INSURER B:Continental Casualty Company 20443
Traffic Engineering and Management,LLC dba Control INSURER C:Continental Insurance Company of New Jersey 42625
Specialists
707 Nicolet Avenue,#100A INSURER D: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.
INSR
VDTYPEOFINSURANCE
ADOL SUER
POLICY NUMBER
POLICY EFF POLICY EXP
LIMITSLTRINSDWIMMIDDIYYYYI (MMIDDIYYYY)
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000, 000
CLAIMS-MADE X OCCUR 5086443726 7/1/2022 7/1/2023 PAMAGE TO RENTED 300,000XXPREMISES(Ee occurrence) $
X Standard Contractual MED EXP(Any one person) $
5,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER:
B AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT 1,000,000
En accident)
X ANY AUTO BUA 5086443712 7/1/2022 7/1/2023 BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
AUTOS ONLY _AUUTNOSONEYY PerraccdentDAMAGE
x $NOOO Comp Ded X $NOOOAOCollnDed PIP 10,000
C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000
EXCESS LIAB CLAIMS-MADE 6014082886 7/1/2022 7/1/2023
AGGREGATE 3,000,000
DED RETENTION$ 0
D WORKERS COMPENSATION
AND EMPLOYERS'LIABIUTY
X STATUTE ERH
ANY PROPRIETOR/PARTNERtEXECUTIVE
Y/N X WC586443743 7/1/2022 7/1/2023 1,000,000
OFFICER/MEMBER EXCLUDED? N N/A E.L.EACH ACCIDENT $
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000DESCRIPTIONOFOPERATIONSbelowE.L.DISEASE-POLICY LIMIT $
A Equipment Floater 5086443726 7/1/2022 7/1/2023 $25K each/Annual>50,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional 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
Cityof Ocoee
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
150 N.Lakeshore Drive
Ocoee,FL 34761
AUTHORIZD
REPRESENTATIVEEP»Pi
ACORD 25'(2016/03) 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
EXHIBIT "1"
TEXT OF RFP #22-004 WITH RFP TERMS & EXHIBITS
INCLUDING FEDERAL REQUIREMENTS
To be added at time of execution)
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 13
CITY OF OCOEE
REQUEST FOR PROPOSALS
RFP #22-004
TRAFFIC SIGNAL MANAGEMENT AND
MAINTENANCE TERM CONTRACT,
INCLUDING PRE-EVENT FEDERAL GRANT
FUNDED PROJECTS
1441\i 14W
ocoee
florida
I ABLE-OF-CONTENTS
RFP #22-004
TRAFFIC SIGNAL MANAGEMENT AND,MAINTENANCE TERM CONTRACT,
INCLUDING PRE-EVENT FEDERAL GRANT FUNDED
RFP DOCUMENTS
Section Page
Legal Advertisement 3
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 Page
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 I-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* 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 P1 & 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://www.ocoee.org/959/Public-Bid-
Openings.All questions regarding this RFP should be in writing to Joyce Tolbert, Procurement
Manager, Finance Department/Purchasing jtolbertocoee.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://app.neqometrix.com/buyer/748. For
more information, please visit https://wvvw.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.
RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 3
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.neciometrix.com/buyer/748 and clicking the
open" filter. Please visit https://www.ocoee.orq/323/Purchasinq 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 addendums and changes to the project requirements; there is no charge
to use the Mercell Source to Contract e-procurement platform.
The City is ONLY accepting electronic solicitation responses online through the City's Mercell
platform at https://amneoometrix.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 platform. 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 platform.
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.usNegometrix.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
https://app.negometrix.com/buyer/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 a date/time stamp confirmation within the Mercell platform and an email
confirmation. Proposals submitted on Mercell Source-To-Contract will remain locked and
inaccessible by City staff until the bid deadline. Respondents are encouraged to allow ample
time to upload and submit your Response as the system will automatically lock responses
upon the bid deadline. A virtual public RFP opening will be 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 https://www.ocoee.org/959/Public-Bid-Openings.
C. The City will receive questions regarding this RFP only through the Mercell Source-To-
Contract platform in the Question & Answer tab or through written inquiries directed to Joyce
Tolbert, Procurement Manager, email itolbertaocoee.orq. The deadline for receipt of
questions is May 17, 2022 at 12:00 p.m., 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 staff, with the exception of the Purchasing
Technician, or other City consultants for information regarding this RFP before the proposal
award date. Any contact with any other member of the City Staff, City Commission, or its
agents during the solicitation, award, and protest period may be grounds for disqualification.
D. Respondents shall submit one (1) complete electronic copy, preferably in a single file, of their
proposal on the Mercell Source-To-Contract platform. Proposal must be received by
Mercell Source-To-Contract no later than 2:00 p.m. (local time) on May 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 shall be the sole responsibility of the Respondent to have the proposal
uploaded and submitted on the Mercell Source-To-Contract e-procurement platform prior to
the due date and time.
File Uploads - All electronic files uploaded must be in a common format accessible by
software programs the City uses. Those common formats are generally described as Microsoft
Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or
Adobe Portable Document Format (.pdf). Respondents will not secure, password 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 contents of an
uploaded file. Scanned documents or images must be of sufficient quality, no less than 150
dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may
disqualify any Submittal Response that does not meet the criteria stated in this paragraph.
E. PRE-PROPOSAL CONFERENCE:
None scheduled at this time.
F. Proposals will be reviewed by an evaluation committee appointed by the City Manager and will
be ranked in accordance with the established evaluation criteria. Date, time, and location of
any scheduled evaluation committee meeting(s) for this RFP will be noticed publicly and on
Mercell Source-To-Contract. The evaluation committee shall supply a ranked list of the
proposing firms and a recommendation regarding which firm should be awarded the term
contract by the City Commission, The City Commission's decision to endorse or modify the
ranking by staff shall be final. Please be aware that all City Commission meetings are duly
noticed public meetings and that all documents submitted to the City as a part of a proposal
RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 5
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.
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 of the 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, 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 10
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 under this proposal, if
awarded, shall be covered by the most favorable commercial warranties the
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 jtolbertocoee.orq:
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.
i) 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.
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 RFP 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
II 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, $2,000,000. Aggregate and naming the City of Ocoee as the
RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 17
Named Insured.
5) Contractual Liability: If the project is not bonded, the Contractor's insurance
shall also include contractual liability coverage to insure the fulfillment of the
contract. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE
LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL
INSURED.
1,000,000 PER OCCURRENCE
2,000,000 AGGREGATE
6) Commercial Umbrella:
1,000,000 PER OCCURRENCE
2,000, 000 Aggregate
Including Employer's Liability and Contractual Liability
7) Builders Risk: (as applicable for construction projects)
100,000 Any (1) Location
1,000,000 Any (1) Occurrence
8) Certificates of Insurance: Certificate of Insurance Form (see sample below),
naming the City of Ocoee as an additional insured will be furnished by the
Contractor upon notice of award. These shall be completed by the authorized
Resident Agent and returned to the Office of the Purchasing Agent. This
certificate shall be dated and show:
i) The name of the Insured contractor, the specific job by name and job
number, the name of the insurer, the number of the policy, its effective
date, its termination date.
ii) Statement that the Insurer shall mail notice to the City at least thirty (30)
days prior to any material changes in provisions or cancellation of the
policy, except ten (10) days written notice of cancellation for non-payment
of premium.
RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 18
ACORD_ CERTIFICATE OF LIABILITY INSURANCE GF1n.TC meEna°a'"^
PRA2E-1 11/04/04
PROOIT-eA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLYANS CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
AtTERTNE COVERAGE AFFORDED DY THE DOUCIES BELOW.
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reASOWiARARSI$v •$1,000,000
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The insurance evidenced by this certificate shall name the certificate
boldera as an additional insured on the General Liability G.Umbrella
Liability. Worker*' Compensation, Employer*' Liability A General Liability
shall contain a Waiver of Subrogation in favor of the certificate holder.
The certificate bolder is added as a TT31tu31o'c'sl{q Et ikia g Rihfc.
CERTIFICATE HOLDER CANCEUATION
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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 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).
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 plafform 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
staff's 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.
2.06 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
RFP#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 Pnce 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:
bollar 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
500 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 "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. In order to have a drug-free workplace program, a business shall:
1.Publish a statement notifying employees that the unlawful manufacture, distribution,
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 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.In the statement specified in subsection(1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or pleas of guilty or
nolo contendere to, any violation of Chapter 893 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 participation in a drug abuse assistance or
rehabilitation program is such is available in the employee's community, by any employee who
is so convicted.
6.Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Bidder:
Signature
By:
Print or Type Name)
Title:
Date:
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 ADMINISTER 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, pai biers, 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 I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO EN I'ERING
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 perfoun 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 INCL 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
City of
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
REP#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 foiiu 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 te,ui "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"
RIP#22-004 COMPANY INFORMATION& SIGNATURE SKEET
FAILURE TO COMPLY WITH THESE RFP INS I'RUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR PROPOSAL. PLEASE SIGN BELOW A 11 ESTING 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/TI ILE (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
III. 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
Xl. Certification Regarding Use of Contract Funds for Lobbying
I. 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 INCL 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.
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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.
III. 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
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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
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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
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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
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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
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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.
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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
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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.
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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).
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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;
RFP#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://www.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 to 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 or Public Work Financed in Whole or in Part by Loans or Grants from the United States").
The Act provides that each contractor or subrecipient must be prohibited from inducing,by any
means, any person employed in the construction, completion, or repair of public work,to give up any
part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report
all suspected or reported violations to the Federal awarding agency.
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 film or nonprofit organization regarding the substitution
of parties, assignment or perfoiiiiance 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 Films 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: - Gradall 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
determination 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 E0, 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 EO
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 "SO"" 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 (CPA) 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 "P1"
PERFORMANCE BOND
KNOW ALL MEN 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
hereinafter referred to as the "Project") in
accordance with the plans and specifications prepared by;dated
anci
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, tern's, 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 perfoini 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 Perfoiniance 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, fiinily
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 Johnson11101 Larry Brinson, Sr, District 1
Rosemary Wilsen, District 2
City Manager or 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
itolbertocoee.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 term 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.
fro Meoet
Joyce Tolbert,CPPB
Procurement Manager
cc:Evaluation Committee
Mayor Commissioners
Rusty Johnson Larry Brinson, Sr, District 1
Rosemary Wilsen, District 2
City
Robert Fr
Manager 1 Richard Firstner, District 3
Robert Frank4 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:
Q 1. 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.
gavot
Joyce Tolbert,CPPB
Procurement Manager
cc:Evaluation Committee
EXHIBIT "2"
CONTRACTOR'S PROPOSAL TO RFP #22-004
INCLUDING SIGNED FEDERAL FORMS
To be added at time of execution)
RFP22-004 Traffic Signal Management&Maintenance Incl Pre-Event Federal Page 14
i:,•,, Traffk Engineering and Management, LLC
dba/Control Specialists
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)6284965-Fax:(407)6284932
t® Traffic Engineering and Management, LLC
dba/Control Specialists
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,
L%I
W. Bruce O'Do 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
some
construction, Service and Maintenance
CITY OF OCOEE
RFP 22-004
SECTION 1
707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)6284965-Fax;(407)628-1932
Traffic Engineering and Management, LLC
dba / Control Specialists
e
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 will return
the phone call and respond accordingly.
Attached for reference:
FOOT Contractor Prequalification
FOOT BD'Small Business Registration
707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph:(407)628.1965-Fax:(407)628-1932
http:\\www.controlspecialists.com
Traffic Engineering and Management, LIC
Personnel Certification Matrix
TS Level 1 TS Lv 2 Field TS Lv 3 Field TS Inspector OSHA TTC- Int TTC-Adv
Allen LaShier Exp 12/6/24 Exp 12/ 6/24 Iss 3/13/15 Exp 10/26/24
Dave Elliott Exp 3/25/24 Exp 6/28/25
David Winnett(Rowdy) Exp 2/19/23 Exp 6/30/24
Doug Mills Iss 7/6/86
Garrett Malcolm Exp 7/6/24 Exp 10/26/24 Exp 12/11/23
Jeremy Sills Exp 4/8/23 Exp 11/21/23 Exp 2/6/23
Johmar E.Thomas Exp 8/31/24 Exp 3/16/25
Juan Garcia Iss 4/ 9/18
Juan Tellez Exp 2/19/23 Exp 2/19/23 Exp 10/26/24
Kevin Copenhaver Exp 1/9/18 Exp 12/11/23 Exp 3/25/24 Iss 4/20/18 Exp 12/11/23 Exp 6/30/24
Mike Sturgeon Exp 4/8/23 Exp 7/17/23 Exp 2/6/23
Robert Dean Exp 2/6/23 _ Exp 2/6/23
Sergio Sagastume Exp 2/6/23
Thomas Goldie Exp 9/7/24 Exp 6/25/24 Exp 9/7/24 Iss 10/30/15 Exp 1/28/26
Zach Moody Exp 3/25/22 Exp 1/16/23 Exp 7/17/23 Exp 1/6/25
5/23/2022 ';
F D OT
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 327B9
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.
Siiince relyy'-,,
j4GLGiLZ . c 1't y,..
Alan Autry, ManagerManaer
Contracts Administration Office
AA:cg
Improve Safety. Enhance Mobility, Inspire Innovation
www.fdot.gov
FC)01.
4=
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:hftps://www.fdot.gov/procurententilnternetReportsshhrotiqual
Activities or Specialty Areas
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TRAFFIC ENGINEERING AND MANAGEM 1707 Nioolet Ave.Suite 100A Winter Park FL Bruce O'Donoghtm 4074284985 IN !32789 i
Note This Small BUSInesSlisbrig*ljdes a list of fin*that have self certified that they hieetthe definitiOnOfas MalrbusinewinaccorclanCe with section ',, •;,,-.
1107:0270:Sand have completed the Small BuSinesSAffcieVit,`Form Nh.,275-;009-01:The Small Business listing is provided for infotinaticinalkpurpasespandis not
inter4eriNto constitute an Ail.464faiopliit'of small businesses The Department takes no responsibility for the information self certified by finns in the Smell,.',.
Business Affidavit Form.Small 064.09s.s firrni included on this list are required to annually submit a new SmaHBusijess AffidayittOlentaiii actfireroh the, Ifhell,ir -,7':*,: *,-' '* * '''''-.' - ,.'. ': :'-'.
ye.-1, • - :-,, "-",::,,:`,,: ' , ' lQ;N:':' , '
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Listing on this report does not constitute Contractor Preatralification with FDOT.Contractors who wish to become qualified with FDOT in construction work classes should go to
tittoinkntettlitotgovicont!acts/PreQualinfo/prequaiifiedatihn-To verify Contractor Prequalification,please visit
https://tdotwptdotstate.fLustoontraototoreaualificationgiublic/PregualifiecNendorSearch.asox.
T.
c°unties of.lnterest
i ALACHUA,BRADFORD,BREVARD,CITRUS,CLAY,DUVAL,FLAGLER,HERNANDO,HILLSBOROUGH,INDIAN RIVER,LAKE,MANATEE,MARION,
iMARTIN,OKEECHOBEE,ORANGE,OSCEOLA,PASCO,PINELLAS,potx,PUTNAM,SEMINOLE,ST.JOHNS,ST.LUCIE,SUMTER,VOLUSIA
i
Report Run on 5/171202211
Traffic Engineering and Management, LLC
dba/Control Specialists
soma I
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)628-1932
Traffic Engineering and Management, LLC
dba / Control Specialists
awe
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.cotn
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#:
N t 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
Traffic Engineering and Management, LLC
dba / Control Specialists
mew
ANN
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)62& 1965-Fax: (407)628-1932
httn:\\www.controlsnecialists.com
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 ii 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
REP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 21
PROJECT REFERENCES
Reference#1
Company/Agency: Central Florida Expressway Authority
Address: 4974 Tower Rd,Orlando, FL 32807
Contact: Don Budnovich
Phone: 407-690-5335 Fax:
E-mail: Donald.Budnovich@cfxway.com
Project: CFX Traffic Signal Maintenance
Contract$: 279,056.43(1/21-12/21) Date Completed: On-Going
Reference#2
Company/Agency: Sumter County
Address: 319 Anderson Ave,Bushnell,FL 33513
Contact: Jackey Jackson
Phone: 352-569-6700 Fax:
E-mail: Jacket'.Jackson@SumterCountvFL.gov
Project: Sumter County Traffic Signal Maintenance
Contract$: 254,446.86(1/21- 12/21) Date Completed: On-Going
Reference#3
Company/Agency: Reedy Creek Improvement District
Address: 1900 Hotel Plaza Blvd,Lake Buena Vista,FL 32830-0170
Contact Kathryn P. Kolbo,PE
Phone: 407-828-5220 Fax:
E-mail: kkolbo@rcid.org
Project: RCID Traffic Signal Maintenance
Contract$: 247,576.17(1/21-12/21) Date Completed: On-Going
Reference#4
Company/Agency: City of Winter Garden
Address: 300 W Plant St,Winter Garden, FL 34787
Contact: . Jon Williams
Phone: 407-656-4111 x2263 Fax:
E-mail: jilliams@cwgdn.com
Project: Winter Garden Traffic Signal Maintenance,
Contract$: 191,212.77(1/21- 12/21) Date Completed: On-Going
Reference#5
Company/Agency: Florida Dept of Transportation,District 5
Address: 719 S Woodland Blvd,Deland, FL 32720
Contact: Carlton Daley
Phone: 321-319-8129 . Fax:
E-mail: carlton.dalev@dot.state.fl.us
Project: Traffic Signal at Curry Ford Rd and Conway Rd,FDOT Contract E50A0
Contract$: 1,242,436.58 Date Completed: Mar.2021
Reference#6
Company!Agency: JR Davis Construction Co, Inc for FDOT(Brevard County)
Address: 4356 Fortune PI,Suite B, Melbourne,FL 32904
Contact: Marc Goodman
Phone: 407-870-0066 Fax:
E-mail: marc.goodman@ir-davis.com
Project: 7'5591-1-95 at Viera Blvd Interchange
Contract$: 1,353,396.63 Date Completed: July 2019
Traffic Engineering and Management, LLC
e
e
dba/Control Specialists
Construction, Service and Maintenance
CITY OF OCOEE
RFP 22-004
SECTION 3
707 Nicolet Avenue-Suite 100A-Winter Park,FL 32789-Ph;(407)62&1965-Fax:(407)62134932
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:
eimmeif. oreirembur :
Bucket Truck 165 Dollars on 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 $ pn Dollars 00 Cents
Written amount: One Hundred Ninety Dollars and Zero Cents(4 Hour Minimum)
Service Vehicle 77 Dollars no Cents
Written amount: Seventy-Seven Dollars and Zero Cents
2. Lump sum amount for monthly maintenance for all items listed on EXHIBIT C:
1'4 tTiliargelOents
3,450 Dollars on 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).
BollaeEki Sens
41,400 Dollars on 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):
Dollar aR50-en •
I s Dollars no 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):
Do a -nd
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 32
EXHIBIT "B"
PRICE PROPOSAL FORIVI (Page 3 of.4)
RFP 22-000 TRAFFIC SIGNAL MANAGEIVIENT 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):
0
135 Dollars no 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):
tanNd
135 Dollars on Cents
Written
amount: One Hundred Thirty-Five Dollars and Zero Cents
8. Man-hour rate per hour for new equipment installation:
58115f a d
135 Dollars no Cents
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. Omin 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 OtDanceme
Authorize Officer(print)
Authorizna e
16.0
Date
NM11111/111111111111111111=MINEMIN
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
Traffic Engineering and Management, LLC
4 • dba/Control Specialists
4101 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)628-1932
WZWZZ, uetalt oy touty Name
DIVISION OF CORPORATIONS
Drimom.of
fteitigorg ,C avp,c) AirIDA iTj
coda 5.tateaffkllLiu
Apartment of State / Division of Corporations I Search Records / Search by Entity Name/
Detail by Entity Name
Florida Limited Liability Company
TRAFFIC ENGINEERING AND MANAGEMENT,LLC
Filing Information
Document Number L12000073345
FEWEIN Number 45-5448578
Date Filed 06/01/2012
Effective Date 06/01/2012
State FL
Status ACTIVE
rP. cipal Address
707 NICOLET AVENUE
WINTER PARK,FL 32789
Mailing Address
707 NICOLET AVENUE
WINTER PARK,FL 32789
Rggistered Agent Name&Address
O'DONOGHUE,WILLIAM B
707 Nicolet Avenue
WINTER PARK,FL 32789
Name Changed:04/19/2017
Address Changed:04/19/2017
Authorized Person(g)Detail
Name&Address
Title President,Member Manager,CEO
O'DONOGHUE,WILLIAM BRUCE
707 NICOLET AVENUE
WINTER PARK,FL 32789
Title Secretary
O'Donoghue,Leigh
ktine•lleaornh co inhi7 tIn//rnrnnnztintiQnornh/qmorris Mac'oltrIntaiIlinn..inthina=Fntit./hImmaRrlirantinnTunn=lnitinIR.con reh amatlniar—TP =Fir
MUM ,:6:0/AM umait oy tnmy Name
707 NICOLET AVENUE
WINTER PARK,FL 32789
Title Asst.Secretary
Zirpoli,Tony
707 NICOLET AVENUE
WINTER PARK,FL 32789
Annual ReRci
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
03/15/2021—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
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 REPORT View image in PDF format
06/01/2012—Florida Limited Liability View image in PDF format
Ftuiica Vcpiscim,trit of Statt,Divistoq or CorPor,A,ani.
kffne.//caorrh co onhiv rtrnItnnt ling If nrrtnrotirtn.fieszre•h1QtaarrhP aci oinrhinea=PntifahlwytoRriirarfiranTtinci=lnitioilLechare,hhlorroafIrriear—TRAPFIr '7/1
2022.FLORIDA LIMITED LIABILITY_.COMPANY-ANNUAL REPORT FILED
DOCUMENT#L12000073345 ;: Apr 21, 2022
Entity Name TRAFFIC ENGINEERING AND MANAGEMENT,LLC Sec etary.of State
3732611737CC
Current Principal Place of Business:
707 NICOLE`!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 NICOLETAVENUE
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 Persons) Detail:
Title PRESIDENT,MEMBER MANAGER, • Title SECRETARY
CEO Name O'DONOGHUE,LEIGH
Name O'DONOGHUE,WILLIAM BRUCE
Address 707 NICOLETAVENUE
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 and accurate and that my electronic signature shell have the same fegal 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 roped as required by Chapter 605,Florida Statutes;and
that my name appears above oron an attachment with all other like empowered. .
SIGNATURE WILLIAM BRUCE O'DONOGHUE CEO-: .- 04/2112022
Electronic Signature of Signing Authorized Person(s)Detail Date
2021 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT':.' FILED
DOCUMENT#LL12000073346- 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:45-544857'8 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 03/15/2021
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
Gity-State-Zip: WINTER PARK FL 32789
I 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 en attachment with ell other like empowered. -
SIGNATURE:WILLIAM B O'DONOGHUE CEO: 0311512021
Electronic Signature of Signing Authorized Person(i)Detail Date
2020- FLORIDA LIMITED.LIABILITY,COMPANYANNUAL REPORT.FILED
DOCUMENT#L12000073345 Apr 30, 2020
Entity Name:TRAFFIC.ENGINEERING AND MANAGEMENT,LLC- - Secretary of State
5741647374CC
Current Principal Place of Bustness:
707 NICOLET AVENUE.
WINTER PARK FL 32789
Currrent Mailing Address:
707 NICOLET AVENUE
WINTER PARK, FL 32789
FEI Number:45-5448578 Certificate ofStatus 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 driegistered agent,orboth,,in the State of Florida.
SIGNATURE: WILLIAM B.O'DONOGHUE 04/30/20. 20
Electronic Signature of Registered Agent Date
Authorized Persons) Detail :
Title PRESIDENT,MEMBER MANAGER, . Title SECRETARY
CEO
Name O'DONOGHUE,LEIGH
Name O'DONOGHUE,WILLIAM BRUCE
Address _ 707 NICOLET.AVENUE
Address 707NICOLETAVENUE
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 orsupplemental 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 myname 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
7
2019 LIABILITY tbnitiAtoirAkikiUALREOciitt
DOCUMENT#L1200007$345 Apr 28, 2019
Entity Name:TRAFFIC ENGINEERING AND MANAGEMENT,LLC Secretary of
08890.97g4.Pc.
oitent Principal Place of Business
797 NICOLET AVENUE
WINTER PARK, FL 32789
Current Mailing Address:
707 NICOLET AVENUE
WINTER PARK FL 32789
FEI Number:45-5448578 Certificate*Statns Desired: No
Name and Address of Current Registered Agent:
DONOGHUE,WILLIAM B
707 NICOLET AVENUE
WINTER PARK,FL 32789 US
The above named entity sObnifts this statement for the purpose of changing its registered office or registered agent,or&ill?,in the State of Florida.
SIGNATURE: WILLIAM B.O'DONOGHUE 04/ 28/2019
Electronic Signature of Registered Agent Date
Authorized Person(s)Detail:
Tdie PRESIDENT,MEMBER MANAGER, Title SECRETARY
CEO
Name DONOGHUE,LEIGH
Name 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 ZIRPOLL TONY
Address 707 NICOLET AVENUE
City-State-Zip: WINTER PARK FL 32789
thereby certify that the Information indicated on this report or supplemental report is traa and accurate and that my electronic signature shah have the same legal effect as if Made iindar '
oath;that lam a managing member or manager of the limited liability company or the naceiver or trustee empowered to execute this moon as required by Chapter 605,Florida Statutes;and .
that my nama 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 businesa. 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. "I Dated 5/17/2022
Ni 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.
COMPANYNAMEf 3-7tttIle. v 2 /9Y
TELEP .ONE(INCLUDE AREA CODE)
lDi) to,2g i 93,E
FAX (INCLUDE AREA CODE)
45/2_D 9ead&Pi ialiS 3,Gorr(,./
z0..
E-MAIL`
E ' IF REMITTANCEADDRESSADDRESS IS DIFFERENT
HORI ZED SI., ATCIRE(manual)
4_
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
idigaw.gr t : ono -, Ctv
NAME/TITLE(PLEASES RINT)
W2.7iY'epl , ru e, lisp 14974
STREET ADDRESS
CITY STATE ZIP `
FEDERAL ID#.4/5, 280+.
Individual; .Corporation; Partnership;Other(Specify)
Sworn to and subscribed before me this 20# day of It 20 R2.
Personally Known N or
Produced Identification i)L.
7D L Notary Public-State of FICYClaCounty of-. DYQ'
Type of Identification)
fr'Q' 1LLDAdrianArguelloattireofNotary.. .0 b
11 Notary Public
I'.0 _
State of Florida r/( 9Y (JL f
Commit HH105246
9'. Expires 3/16/202`• Printed,typed or stam.E
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 tern"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
eiliiitht;&ice- EYDativllua2-„, eb-p
Name and Title(Print or Type);-1
Date
RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 44
Exhibit"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. In order to have a drug-free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
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 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. In the statement specified in subsection(1),notify the employees that,as a condition of working
on the commodities or contractual services that are under bid,the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or pleas of guilty or
nolo contendere to, any violation of Chapter 893 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 participation in a drug abuse assistance or
rehabilitation program is such is available in the employee's community,by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Bidder
Signature
By: W Rnire(Vflnnnghne
Print or Type Name)
Title: CPA)
Date:
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 ADMINISTER OATHS.
Traffic Engineering and Management,LLII. 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 Ave, 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 defmed 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-jtny 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
V 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 .AfIct.y.:20, 2,0 -a - I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THEJPUBLIC 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.
19/
Si at e)
Date: Q5/x02-_ - .
Q41e- Girl i rj As /411 411-ettT L C.
ame of Bidder(Contractor)
STATE OF :#"/0/744'.
COUNTY OF. U/QT'!-
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
1/. tf,C'2iwe i11- llR . who,after first being sworn by me,
Name of Individual Sias ng)
affixed his/her signature in the place provided above on this . day of
Notary Publi 7QAdrianaArguello
My Commission 'mires: j Cci 7a'F.Notary public
State of Florida
Comm#HH105246
oE 1. 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 .. go 2022.: 7/. rirr an Mtwitleia i""G+
By: -11././i•-/e.,—,
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:p rl ic- ie leel 4#l a o i- 1, z
By
Authorized Signature)
i
Title:ea) I
Date:. /tidy AI 20.22- .
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 particip4ted in a previous contract or subcontract subject to the Equal Opportunity
Clause, I V 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 /VW/ 72 ,20 7-2-
Signature of Autho ed Official)
7-lab- lfwerf
1 at AEtoa, M4114.54.p.4.4'
Name of Prospective C6nstruction Contractor or Subcontractor)
707 4/ieoiAw.tuce, gd1100-14 lf),-Khr ,Dart Fl ,27-0,
1
Address of Prospective Construction Contractor or Subcontractor)
Telephone Number)Number) Employer Identification Number)
REP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 41
EXHIBIT"I"
NON-COLLUSION AFFIDAVIT
STATE OF krt 4r
COUNTY OF &ct
TD A1041litint, rI4 L orty 14 being first duly swore deposes and says:
1. He(it)is the OW ritdre
Owner,Partner,Offife,Representative or Agent)
of riftne-tirtv 4.1J. May1/1.0144-C- LI.C. 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: efo
7.022
Sworn and subscrikecl to befstrp me this p.-71.41— day of/117 ,mos,in the State of Florae._
City of It/infer
Notary Public
My Commission Expires: O . I Irt 7 0 Z5
Adriana Arguello
Notary Public
State of Florida
Comm#HH105246
Expires 3/16/2025
RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 42
EXHIBIT"J"
BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
I
The undersigned,[Company] Pliftst40111 tiikapantierisAt 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 4 ern es or affirms the truthfulness and
accuracy of each statement of its certifica ion 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 Contract 's Authorized Official
qop
kgifirk. 6-truge..Pa/70)0w_ dep
Name and Title of Contractbr'S Authorized Official
gt.22g--
Date
RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-:EVENT FEDERAL 43
1 TRAFENG-01 DSMITH2
AURO°DATE(Mnvoomrv)CERTIFICATE OF LIABILITY INSURANCE 1s 2o21
THIS CERTIFICATE IS ISSUED'AS.A MATTER OF INFORMATION ONLY AND CONFERS,NO RIGHTS UPON.THE CERTIFICATE'HOLDER.THISCERTIFICATEDOESNOT„ 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,BAND THE CERTIFICATE HOLDER.
IMPORTANT: If thea 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 CONTACT -
NAME:. .. .._._...
Hub International Florida PHONE pAX
1460 Orange Avenue Arc,No Eidy OM 894 5431 ovc.Np)_(407)629-6378
Suite 750 . '. E;Maa Certificates FLA HUbinternational com
Winter Park,FL 32789
ADDREss:_.__
INSURER(S)AFFORDING COVERAGE _._ - _ _.._;NAIC#
INSURERA:.Transportation_Insurance Company__.. .20494-_-__
INSURED INSURER B_Continental Casualty Company__ 20443-
Traffic Engineering and Management,LLC dba Control
Insurance Company of New,Jersey'42625,_.Specialists wsuRER,c Cantlnental
707 Nicolet Avenue,#10OA INsURER 0;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..
INSR ADDL SUER POLICY EFF POLICY EXPLTRTYPEOFINSURANCEINSDMD' POLICY NUMBER MMIDMIDQtYYYYI.IMM/DOIYYYY' LIMITS
A X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE. g 1,000,000
CLAIMS-MADE X OCCUR X X 5086443726 7/1/2021 7/1/2022 oAMAGE ToRENTED 3OO 000PR£MISES(Ea occurrence) $ X Standard Contractual
MEOEXP(Any one person) •5.- 5,000
PERSONAL IIADV INJURY ,S 1,000,000
owl.AGGREGATE LIMIT APPLIES PER.GENERAL AGGREGATE S 2r000,000
PRO' JECT LOC
PRODUCTS-COMP/OPAGG' S 2,000,000POLICYX
OTHER:
B AUTOMOBILE LIABILITY
S
COMBINED SINGLE LIMIT
Ea accident)
1,000,000
X -ANY AUTO BUA 5086443712 7/1/2021 7/1/2022 BODILY INJURY(Per person)...SOWNEDSCHEDULED
AUTOS ONLY. AUTOS BODILY INJURY(Per a_ccident) S
HIRED NON-OWNED PROPERTY DAMAGEAUTOSONLY ... .AUTOS ONLY -
r
per accident)., S
10 000XS1ISOOCompDedxAN, CtDOColl Ded P
g
C X UMBRELLA LIAR X"OCCUR
EACH OCCURRENCE $ 3,000,000
EXCESS LIAR CLAIMS-MADE 6014082886 7/1/2021 7/1/2022 0OOAGGREGATE3,0O0,QO0
DED'
µ •.
RETENTION$ - - 0 OverGL,AL,EL
S .. .. -
ANDEMPLOYERS'LIABILITY X, PER - „ERH
ANY PROPRIETOR/PARTNER/EXECUTIVE
Y N X WC586443743 7/1/2021 7/1/2022 1,000,000
OFFICER/MEMBER EXCLUDED? N N!A - E.L.EACH ACCIDENT ., S_
Mandatory n NH)
E L.DISEASE, EA EMPLOYEE $ 1 000,000
It yes,describe under
1,000,000DESCRIPTIONOFOPERATIONSbelowE.L.DISEASE-POLICY LIMIT S IA 'Equip:Lease/Rent 5086443726 7/1/2021 7/1/2022 $25K each/Annual>50,000
I
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES-(ACORD 101,Additional 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 ofSubrogationappliesonGeneralLiability&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
1V
ACORD 25(2016/03) 1988.2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
5/31/22, 10:06 AM sunbiz.org-.Florida Department of State
DIVISION OF CORPORATIONS
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Fictitious Name
CONTROL SPECIALISTS
Filing Information
Registration Number G12000067203
Status ACTIVE
Filed Date 07/05/2012
Expiration Date 12/31/2027
Current Owners
County ORANGE
Total Pages 3
Events Filed 2
FEI/EIN Number 45-5448578
Mailing Address
707 NICOLET AVENUE
SUITE 100-A
WINTER PARK,FL 32789
Owner Information
TRAFFIC ENGINEERING AND MANAGEMENT LLC
707 NICOLET AVENUE,SUITE 100-A
WINTER PARK, FL 32789
FEUEIN Number:45-5448578
Document Number:L12000073345
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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 Nicolet 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
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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
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not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact
850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must
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2601 Blair Stone Road,Tallahassee FL 32399::Email:Customer Contact Center::Customer Contact Center:850.487.1395
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6/1/22,3:36 PM DBPR-BELDEN,ARTHUR W JR;Doing Business As:CONTROL SPECIALISTS,Construction Financial Officer
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2601 Blair Stone Road,Tallahassee FL 32399::Email:CustoMer'Contact Center::Customer Contact Center:850,487.1395
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address which can be made available to the public.Please see citro•OKApter 455 page to determine if you are affected by this change.
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Project:
Description:
Quote Date:
Estimator:
City of Ocoee
Illuminated street name sign replacment
10/6/2025
Dano Winnett
ITEM DESCRIPTION QTY U/M UNIT PRICE AMOUNT
700-5-22 Internally Illuminated street name sign,F&I 12 EA $ $ 5,616.00 $ 67,392.00
TOTAL BID: $ 67,392.00
Project Comments
1.Bond is not included.
2.This estimate is based on currently contracted rates.
3.Pricing includes replacing existing signs and utilizing existing cable in place for the following intersections.
Old Winter Garden Rd. @ Bluford Ave.
Old Winter Garden Rd. @ Hemple Ave.
Old Winter Garden Rd. @ Blackwood Dr.
4 This Quotation is valid for 60 days after the stated bid date. Please request pricing verification after 60 days.
Signature: __________________________________________________
10/6/2025 T.E.A.M. / Control Specialists Page 1 of 1