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HomeMy WebLinkAboutHouck transit Advertising AGREEMENT THIS AGREEMENT, made on the 1st day of December, 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HOUCK TRANSIT ADVERTISING, INC., 4610 MILTON ST. N, ST. PAUL, MINNESOTA, 55126, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE I. KEY EMPLOYEE A. Assignment of Key Employee. The Contractor shall assign the following individual to manage the service described in this contract: Tom L. Houck, President B. Changes in Key Employee. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Key Employee. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the service described in this contract: David Vickman, Transit Coordinator ARTICLE III. SCOPE OF WORK The Contractor shall sell and place advertising on the exterior and interior of Oshkosh Transit System buses. The scope of services is described in more detail in the Request for Proposals (RFP) document, and in the Contractor's proposal. Where these documents may conflict, this agreement and the RFP shall control. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. All reports, computer files, service data, notes and other documents and instruments prepared by the Contractor as instruments of service shall remain the property of the City. 1 ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the service, providing it is reasonably obtainable from City records. ARTICLE V. CONTRACT TERM The term of this agreement shall be for three years beginning on the 1st day of January 2012, and extending to the last day of December 2014. Upon mutual agreement of both parties, this agreement may be renewed for two additional 1-year terms. Contract will automatically renew unless a 90 day notice is given before the end of current term. ARTICLE VI. REVENUE PAYMENT A. The Contract Sum. The Contractor shall pay to the City a sum of$1,750.00 per month or fifty percent(50%) of the gross monthly charges from the sale or rental of space by Contractor to others, whichever is greater. Payments shall be made to the City each and every month during the continuation of this agreement for said privileges and for everything that the Contractor is to receive and is to be permitted to do under the terms of this agreement. B. Method of Payment. The Contractor shall submit itemized monthly reports that will include a list of all advertisers that were charged for that month, the amount that the advertisers were charged, any agency or broker commissions that were allowed, totals by category, and percentage due to the City, along with their check made out to the Oshkosh Transit System. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. 2 ARTICLE VIII. INSURANCE The Contractor shall comply with the City's Insurance Requirements as stated on attached Exhibit "A". ARTICLE IV. TERMINATION A, For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 30 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. ARTICLE X. FEDERAL AND STATE REGULATIONS This agreement shall at all times be subject to the rules and regulations of Wisconsin Department of Transportation and the Federal Transit Administration, under the provisions of the Urban Mass Transportation Act of 1964, as amended. See Exhibit "B". ARTICLE XI. MISCELLANEOUS This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. 3 In the Presence of: CONTRACTOR By: ✓ �^--r� (Seal of Contractor (Specify Title) if a Corporation.) (1 � ,A 1 rt By: P (Specify Title) CITY OF OSHKOSH By: fr — • ,(Witness) ( Mar A. Rohloff, City Manager I , And: (Witnes) --= - r•e, fit Clerk I. APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. ' City Attorne, City plroller 4 Exhibit A - CITY OF OSHKOSH INSURANCE REQUIREMENTS CITY OF OSHKOSH INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE REQUIREMENTS (excluding Bond and Property Insurance Requirements) The Contractor shall not commence work on subcontract until proof of insurance required of the Subcontractor has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit$1,000,000 2. Personal and Advertising Injury limit$1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project$2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit—any one fire $50,000 6. Medical Expense limit—any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if" the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of$1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products–Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of$1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1–"Any Auto" basis. C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability,with a minimum limit of$2,000,000 each occurrence and 5 $2,000,000 aggregate, and a maximum self-insured retention of$10,000. E. Aircraft Liability, "if' the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of$3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Builder's Risk/ Installation Floater/Contractor's Equipment or Property—The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. G. Also, see requirements under Section 3. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. 3. APPLICABLE TO CONTRACTORS /SUBCONTRACTORS / SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A-and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements—The following must be named as additional insureds on all Liability Policies for liability arising out of project work-City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must include Products— Completed Operations equivalent to ISO form CG 20 37 for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk- City of Oshkosh. 6 Exhibit B— Federal Contract Clauses No Obligation by the Federal Government (1)The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party(whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2)The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the Federal Transit Administration (FTA). It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program fraud and false or fraudulent statements and related acts 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 (1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable,the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2)The Contractor also acknowledges that if it makes, or causes to be made, a false,fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1)on the Contractor,to the extent the Federal Government deems appropriate. (3)The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Access to Records 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R.633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1,which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2.Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1,which is receiving 7 federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at$100,000. 3.Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator,the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4.Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement(defined at 49 U.S.C. 5302(a)1)through other than competitive bidding,the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6.The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Federal Changes 49 CFR Part 18 Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement(see http://www.fta.dot.gov/funding/apply/grants financing 3162.html) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Civil Rights 29 U.S.C. § 623,42 U.S.C. §2000 42 U.S.C. §6102,42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. The following requirements apply to the underlying contract: (1) Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C. §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity- The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex- In accordance with Title VII of the Civil Rights Act, as amended,42 U.S.C. §2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal 8 Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"42 U.S.C. §2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to,the following: 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. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b)Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities- In accordance with section 102 of the Americans with Disabilities Act, as amended,42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. (3)The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. Disadvantaged Business Enterprises 49 CFR Part 26 a.This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%.The agency's overall goal for DBE participation is 1.1 %. b.The contractor 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 this DOT-assisted contract. 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 OTS deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful bidder will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the OTS. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by OTS and contractor's receipt of the partial retain age payment related to the subcontractor's work.] e.The contractor must promptly notify the OTS, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the OTS. Incorporation of FTA Terms FTA Circular 4220.1F Incorporation of Federal Transit Administration (FTA)Terms-The preceding provisions include, in part, 9 certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference.Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act,fail to perform any act, or refuse to comply with any OTS requests which would cause OTS to be in violation of the FTA terms and conditions. Termination Provisions 49 U.S.C. Part 18 FTA Circular 4220.1 F (1)Termination for Convenience-The performance of work under the Contract may be terminated by OTS in accordance with this Section in whole, or from time to time in part, whenever OTS determines that such termination is in its best interest. Any such termination shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of work under the Contract is terminated and the date upon which such termination becomes effective. (2)Termination for Default- If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the OTS may terminate this contract for default.The OTS shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of OTS. (3)Termination by Mutual Agreement-The Contract may be terminated by mutual agreement of the parties. Such termination shall be effective in accordance with a written agreement by the parties. Any other act of termination shall be in accordance with the termination by convenience or default provisions contained in these sections. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29.As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal,the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the OTS. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the OTS, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Energy Conservation 42 U.S.C. 6321 et seq. 49 CFR Part 18 The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 10 ® DATE(MM/DD/YYYY} '4`..CPR° CERTIFICATE OF LIABILITY INSURANCE 11/18/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION STATE FARM INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ONE STATE FARM PLAZA HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR BLOOMINGTON IL ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. :' INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:State Farm Fire and Casualty Company 25143 Houck Motor Coach Adv Inc. 4 610 Milton Street N INSURER B: Shoreview, MN 55126-5815 INSURER C: INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD!YY) DATE(MM/DD/YY) LIMITS A X GENERAL LIABILITY 93—KM-0922-5 03/01/2011 03/01/2012 EACH OCCURRENCE $ 2,000,000 TO X COMMERCIAL GENERAL LIABILITY PREEMIMI E PRS( RENTED 300 000 SES(Ea occurrence) $ 300,000_ CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 X ISO FORM CG 2037 PERSONAL&ADV INJURY $ 2,000,000_ OR EQUIVALENT GENERAL AGGREGATE $ 4,000,000 GEM_AGGREGATE LMT APPLIES PER: PRODUCTS-COMP/OPAGG $ 4,000,000 7 PRO POLICY X JECT- LOC • B X AUTOMOBILE LIABILITY 1424816—A29-23 07/29/2011 01/29/2012 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ 500,000 SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ 500,000 NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ 100,000 (Per accident) GARAGE LIABILITY AUTO ONLY—EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY 93—BG—C698-9 07/29/2011 07/29/2012 EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? If yes,describe under EL DISEASE-EA EMPLOYEE $ SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ X OTHER Computer 3000 Inland Marine 93-KC-8852-2 08/26/2011 08/26/2012 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Additional Insured on all Liability Policies arising out of project work shall be the City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers.Certificates of Insurance acceptable to the City if Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk- City of Oshkosh. CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH, ATTN: CITY CLERK TRANSIT ADVERTISING CONTRACT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 215 CHURCH AVENUE— PO BOX 1130 DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN OSHKOSH,CHURCH 54 903-1130 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR ACORD 25(2001/08) The registration notices indicate ownership of the marks by their respective owners ©ACORD CORPORATION 1988,2007 132849 03-13-2007 All rights reserved REPRESENTATIVES. AUTHORIZED REPRESENTATIVE C U14/ QQ ACORD 25(2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) NOVEMBER 29, 2011 Fire Policy Status H Ph. (651) 488-8933 HOUCK MOTOR COACH ADV INC FIRE Policy: 93-BH-R844-7 F Yr issd: 2010 4610 MILTON ST N Xref: SHOREVIEW MN 55126-5815 Location: 4610 MILTON ST N SHOREVIEW MN 55126 Term: CONT Type: BUS-SERVICE Renew date: MAR-01-12 Coverage information Premium: 943. 33 PREV BAL 16. 52 B-BUSN PROP 143300 C-LOSS INC ACT LOSS End act 11/21/11 L-BUSN LIAB 2000000 Amount due: 16. 52 GEN AGGREGT 4000000 Date due: W RNEW PCO AGGREGT 4000000 Bill to: INSD M-MED/PERSN 5000 Prey prem: 703 Prev risk: 143, 300 • Deductibles applied: 500 ALL PER OTHER DED MAY APPLY Messages: YRBUS $ 18 /RENYR $ 33 BLDAGE-SEEFILE/CHR C 20. 0% Year built: 1979 Constr: MA NON-COMB Premium Tax surcharges Home alert: SA MN FSS 4 . 33 Zone: 32 Sub zone: 02 Move-in: W FMP seg: 99 • NOVEMBER 29, 2011 Fire Policy Status ADDL INSURED - SECTION II CITY OF LINCOLN DBA STAR TRAN 710 J ST LINCOLN NE 68508-2938 ADDL INSURED - SECTION II CITY OF OSHKOSH ATTN CITY CLERK, TRANSIT ADVERTISING CONTRACT PO BOX 1130 OSHKOSH WI 54903-1130 PROPERTY LOCATIONS LOC CMPX ADDRESS LIABILITY STCLS BLD AMT CONTENTS PREMIUM EXPOSURE LIMIT PREMIUM 001 4610 MILTON ST N SHOREVIEW MN 55126 636 143300 466 143300 2000000 413 NOVEMBER 29, 2011 Forms / Endorsements Page 1 of 1 Insured: HOUCK MOTOR COACH ADV INC Policy Type: BUS-SERVICE FIRE Policy: 93-BH-R844-7 F Number Description Number Description FP-6103 SPECIAL FORM 3 FE-6223. 1 AMENDATORY END FE-6451 TREE DEBRS REM FE-6464 POLICY END FE-6538 . 1 GLASS DED DEL FE-6566 FUNGUS EXCL FE-6999. 1 TERRORISM NOTE FE-6610 POLICY END FE-6655 DIST MAT EXCL FE-6656 POLICY END FE-6851 POL ENDORSMENT FE-6859 BLDG COV TNTS FE-5801 REPORTING END FE-6494 ADDL INSD FE-6609 ADDTIONAL INSD R-Rtn to Status Accept