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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. INSURERS AFFORDING COVERAGE HAIL a 01SORea OaDRERA: Tx RUL 1.L.Y A-..102.1. • Q4II EWERR Contractor's Slams KTERE{C TEMA LC Rel:EIRE COVERAGES EMPOWER Dry amnCE unmD$EUWV HAVE6[Ota=IED TOME:W ED KEEITMORE Fn¢P6PCUCAPER00 wocAIEO.Iofwmnon Wn0 ANY TOLlAAEe6NT.MAMA WMDMOHOFANYCONTRACT CA OMER OOCmaIrtMN REEPECTTO WNLHTMa erATE1CATE VAr 11EISS.MeOR VAYPEMAI){1RE WSTp.SNCEMiCle eBrMERYLCMS CFS=SCOIEflele=SECT TO ALL THE rEfee•EARUBCW AIM CDIORY)NSOF.SLCI PMETEqRAROc, 1V 9TREF0T80WN LEAYta4E REEK REECE)ER PAO COWS TR AA TWO:IREPLUcE • ROLrr MMSPA yA 41 e91tJIta4 WATN METAL UAMI=P EA,,,:re eevea S 1,000, 000 E'4s`:X XCOWear.t41ENLteERY MNRERE re.) 1S0,000 1 CRAM WOE ElOG'.UN NFDOC'WNau Cw+) 85,000 reASOWiARARSI$v •$1,000,000 GMT..AO(UECTE 52,000,000 GT e./.13lECATE MITA701J00T4R PROM.CTS-COIOAP AGO••L 2,000, 000 P 1:: F 11105.0611E 51.e0.1PS C01rmYED•.V0,000 z ,m,0 F>.aea) 11,000, 000 ALL OWNED IW I08 aaOgYOWRY SCEMREPTOS Fef WW1 i AO teteille1108 C04YIN/5M X 1101.0V010A11Te8 IW,Write •S F'MFRO 00AWCE .1 aMAOEUAaUTY AUTO ONwY.EAAWOtu, 7 MIT AUTO 0114ei O.AR EAA=!1 AU100341; ACO.S n10ESSRSID5E15A LAxnr E001500 aet'AE 51,0a0•0a0 X Y OCCUR 0avreLurE ACORECATE ,s2,000,050 7 fiGiO1TON 7 i ttWORMF.WICWMENBAMINAH0 X141r.taR'4I t"EP CUME El EAmiAC55.N)0 7500,000 OLYICC# Et.,TETR EAE TPTA,EE$500,000 e5 Eew-P `ROY tuam. el,r ext_le.F93crlr0T's 500,000 now Builders Risk Any 1 Lon 100,QD Any 1 Occ 1,000,000 0PSGVDWI CF MEW CNSILO*150314T)ft0831$ m.00AOOE05001WMEY0NTIEPFL41PR0Y9W 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 00O2sO1 P...i1/MITOFTHn MOVEOESOm8E5PORRR3OECACe0E0 Wen c60a0+ elleelna0P,TNaa1NNG 111SWPRWII 100r00'6RT0Y4L 10 OAYSwMTLN bar=Ta EWfCOMICATMOLOeaa*t6WTOTNEMr.BUTFMUR 000L1 SO SHALL City of 00000 150 N. Lakeshore Drive WaSeltOCHU0ATON ORUAIm11TOF urrma meinsaaTKE=moonme oR Ocoee FL 34761-2258 REPRIESEXI Tlves AUanR220w$F0ENTATNE AGGRO 23)200N08) OP CACORD CORPORATION 108E 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. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 51 b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; 2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and 3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the- job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. 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 RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 52 storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5. 5 "Contract provisions and related matters"with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately,set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 53 mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and ii) The classification is utilized in the area by the construction industry; and iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. 2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. 3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. 4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.( 3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 54 authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 55 the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. 2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. 4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 56 individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 57 plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 58 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3( a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5. 5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 59 the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: 1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; 2) the prime contractor remains responsible for the quality of the work of the leased employees; 3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and 4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 60 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self- performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). RFP#22-004 TRAFFIC SIGNAL MANAGEMENT AND MAINTENANCE INCL PRE-EVENT FEDERAL 61 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; 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 ITU-91 `- 1-1. r r:)1-Th7:1711rS... t• rn-g.ruluress, L.crancurrerstrr i-repr 1 •-fS• Number DBE YIN) 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:':' , ' L.,,,,„,.._,—,,z,,,:—..---,-.1., „,6, J ...- - - --.),.., 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 y atop(pf A,r.„ an inficial:;ifue ttf Flat/do Previous on List . Next on List . Return to List Fictitious Name Search Filing History Submit Fictitious Name Detail 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 Document Images View image in PDF format 07/05/2012—Fictitious Name Filing View image in-PDF format 04/23/2022--Fictitious Name Renewal Filing View image in PDF format 04/19/2017—Fictitious Name Renewal Filing Previous on List Next on List Return to List Fictitious Name Search Filing History Submit Florida Department of State, Division of Corporations dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G12000067203&docnum=G12000067203 1/1 5/31/22, 12:27 PM Detail by FEI/EIN Number DIVISION OF CORPORATIONS 1 l i1 ri;;t0 -i Pt 7.9 , . r f> w f"f 1`)s) as ofyh ut 1fIf (if f!'ir3!/t! I t'Stte Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number/ Detail by FEI/EIN Number 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 https://search.sunbiz.org/Inquiry/Corporation5earch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&search NameOrder=45544857... 1/2 5/31/22, 12:27 PM Detail by FEI/EIN Number 707 NICOLET AVENUE WINTER PARK, FL 32789 Title Asst.Secretary Zirpoli,Tony 707 NICOLET AVENUE WINTER PARK, FL 32789 Annual Reports Report Year Filed Date 2020 04/30/2020 2021 03/15/2021 2022 04/21/2022 Document images 04/21/2022—ANNUAL REPORT View image in PDF format 03/15/2021 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 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 Florida Department of State,Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=lnitial&searchNameOrder=45544857... 2/2 6/1/22,3:38 PM DBPR-TRAFFIC ENGINEERING AND MANAGEMENT,LLC;Doing Business As:CONTROL SPECIALISTS,Construction Busine... THE OFFICIAL SITE OF THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION ri '' F`oi Idar Liz,def:rnentc f Business c 1` I HOME CONTACT US MY ACCOUNT r V & VeS,0fial P, ulatinn ONLINE SERVICES LICENSEE DETAILS 3:38:08 PM 6/1/2022 Apply for a License This is a business tracking record only. Click here for information on how to verify that this business is properly Verify a Licensee licensed. View Food & Lodging Inspections Licensee Ir1f0PmatlOn Name:TRAFFIC ENGINEERING AND File a Complaint MANAGEMENT, LLC (Primary Continuing Education Course Name) Search CONTROL SPECIALISTS (DBA View Application Status Name) Find Exam Information Main Address: 707 NICOLET AVENUE SUITE 100A Unlicensed Activity Search WINTER PARK Florida 32789 AB&T Delinquent Invoice&Activity County: ORANGE List Search License Information License Type:: Construction Business Information Rank:F;: Business Info License Number: : e `,' Status: Current Licensure 08/25/2017 Date: Expires: Special Qualification Effective Qualifications Alternate Names https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=DAAD815A85EA547134ED44448286BCCB 1/2 6/1/22,3:38 PM DBPR-TRAFFIC ENGINEERING AND MANAGEMENT,LLC;Doing Business As:CONTROL SPECIALISTS,Construction Busine... View Related License Information View License Complaint 2601 Blair Stone Road,Tallahassee FL 32399::Email:CustortrK,Contact Center::Customer Contact Center:850.487.1395 The State of Florida is an AA/EEO employer.Copyright,2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do 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 provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. https://www.myfloridalicense.com/LicenseDetaiLasp?SID=&id=DAAD815A85EA547134ED44448286BCCB 2/2 6/1/22,3:38 PM Licensing Portal-View Public Complaints THE OFFICIAL SITE OF THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION Florida pDepartm?nt of Business HOME CONTACT US MY ACCOUNTr&Professional Regulation ONLINE SERVICES SEARCH RESULTS 3:38:29 PM 6/1/2022 Apply for a License Complaint Details Verify a Licensee Below is a listing of publicicomplaints regarding the person or entity selected. View Food&Lodging Inspections This may not reflect all publid:complaints filed with the Department; for example, File a Complaint all complaints against Community Association Managers (CAMs) are available to the public, regardless of whether any appear below, and may be requested Continuing Education Course Search directly from the Department. The Department is also precluded from disclosing any complaints which are confidential pursuant to Florida Statutes. View Application Status Find Exam Information If you would like a full list of public complaints against an individual or entity or to Unlicensed Activity Search make a public records request for complaints listed please visit our Public Records Page. AB&T Delinquent Invoice&Activity List Search You can search for public records pertaining to unlicensed activity complaints through an additional database by visiting our Search Unlicensed Activity Complaints page. Name: The Status and Discipline Description below is only the status of a complaint. To see the status of this license select the "Back" button to return to the Licensee Details Screen. Number Class Incident,_Satus Disposition Disposition Discipline Date Date Date - Description et 2601 Blair Stone Road,Tallahassee FL 32399::Email:Customer Contact Center::Customer Contact Center:850.487.1395 The State of Florida is an AA/EEO employer.Copyright 2007- 2010 State of Florida.Privacy Statement Under Florida taw,email addresses are public records.If you do not want your email address released in response to a public-records request,do 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 provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee.However email addresses are public record.If.you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see.our Chapter 455 page to determine if you are affected by this change. https://www.myfloridalicense.com/viewcomplaint.asp?SID=&licid=6807025 'flTk 1/1 6/1/22,3:36 PM DBPR-BELDEN,ARTHUR W JR;Doing Business As:CONTROL SPECIALISTS,Construction Financial Officer THE OFFICIAL SITE OF THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION 414. cc,' A: I ,Fforida U r Delartment of 81,15111PS5 HOME CONTACT US MY ACCOUNT vT4: 4. --1 r Vrofe%ional Regulaffon ONLINE SERVICES LICENSEE DETAILS 3:36:23 PM 6/1/2022 Licensee Infcirmation Apply for a License Verify a Licensee Name:BELDEN, ARTHUR W JR (Primary Name) View Food&Lodging Inspections CONTROL SPECIALISTS (DBA File a Complaint Name) Main Address: 707 NICOLET AVENUE Continuing Education Course Search SUITE 100-A WINTER PARK Florida 32789 View Application Status County: ORANGE Find Exam Information Unlicensed Activity Search License Information AB&T Delinquent Invoice&Activity License Type: Construction Financial Officer List Search Rank: Fin Officer License FRO8255 Number: Status: .1 Fl Current Ori Licensure 08/25/2017 Date: imExpires: Special Qualification Effective Qualifications Alternate Names View Related License Information View License Complaint 2601 Blair Stone Road,Tallahassee FL 32399::Email:CustoMer'Contact Center::Customer Contact Center:850,487.1395 httes://www.myfloridalicense.com/LicenseDetaiLasp?SID=Sic1=30CE5F00776B1 DBAO3D592F1E5A7370F 1/2 6/1/22,3:36 PM DBPR-BELDEN,ARTHUR W JR;Doing Business As:CONTROL SPECIALISTS,Construction Financial Officer The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do 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 provide.the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to suPp)y,,a personal address,please provide the Department with an email address which can be made available to the public.Please see citro•OKApter 455 page to determine if you are affected by this change. i• 1, https://www.myfloridalicense.com/LicenseDetail.asp?SID=8,id=30CE5F00776B1DBA03D592F1E5A7370F 2/2 6/2/22, 12:15 PM SAM,gov I Search An official website of the United States governrhent Here's how you know You have 2 new alerts 5 r Show / Hide Alerts 41 SAM Gov® All Words Search e.g. 1606N020Q02 Select Domain Entity Information AU. Entity Information Entities Disaster Response Registry Exclusions Filter By Keyword Search For more information on how to use our keyword search, visit our help guide https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5SsimpleSearch%5D%... 1/4 6/2/22, 12:15 PM SAM.gov i Search 0 Any Words 0 Ail Words 0 OExact Phrase 0 e.g. 123456789, Smith Corp Classification Excluded Individual Excluded Entity Entity Name T t traffic engineering and management X Unique Entity ID e.g. HTYR9YJHK65L t CAGE / NCAGE V Federal Organizations Exclusion Type Exclusion Program v Location Dates I s ResetO https://sam.gov/search/?index=ex&sort=-relevance&page=l&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%58simpleSearch%5D%... 2/4 6/2/22, 12:15 PM SAM.gov i Search No matches found We couldn't find a match for your search criteria. Please try another search or go back to previous results. i I Go Back 1 1 gfl: 11 '':\ Feedback i Our Website Our Partners 1 Policies I 1 Customer Service 1 L. i https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%... 3/4 6/2/22, 12:15 PM SAM.gov j Search Gsik General Services Administration This is a U.S. General Services Administration Federal Government computersystem that is "FOR OFFICIAL USE ONLY." This system is subject to monitoring. Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution. https://sam.gov/search/?index=ex&sort=-relevance&page=l&pageSize=25&sfro5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%... 4/4 6/2/22, 12: 16 PM SAM.gov I Search An official website of the United States government Here's how you know You have 2 new alerts Show / Hide Alerts 0 Ul SAM oove All Words Search e.g. 1606NO2;9902 Select Domain Entity Information All Entity information Entities IDisaster Response Registry Exclusions Filter By Keyword Search For more information on how to use our keyword search, visit our help guide https://sam.gov/searchnindex=ex&sort=-relevance&page=1&pageSize=25&sfm°/05Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%... 1/4 6/2/22, 12:16 PM SAM.gov I Search 0 Any Words 0 0 All Words 0 Exact Phrase 0 e.g. 123456789, Smith Corp Classification Excluded Individual Excluded Entity Entity Name Control Specialists Inc Unique Entity ID: L5T1EXJMVL27 Unique Entity ID e.g. HTYR9YJHK65L CAGE NCAGE Federal Organizations Exclusion Type Exclusion Program Location Dates ResetO https://sam.gov/search/?index=ex&sort=-relevance&pag e=l&pageSize=25&sfm%5Bstatus%5D%5B is_active%5D=true&sfm%5BsimpleS ea rch%5D%... 2/4 6/2/22, 12:16 PM SAM.goviSearch No matchl- s found We couldn't find a match for your search criteria. Please try another search or gb back to previous results. Go Back 11,1,41; I-1 Feedb'ack Our Website Our Partners Policies Customer Service https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm°/05BsimpleSearch%5D%... 3/4 6/2/22, 12:16 PM SAM.gov I Search General Services AdministrationGSA This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." This system is subject to monitoring. Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution. https://sam.gov/search/?index=ex&sort=-relevance&page=l&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5SsimpleSearch%5D%... 4/4 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