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HomeMy WebLinkAboutHunter Security & Surveillance/Go Transit � 1 CONTRACTOR AGREEMENT.• SECUR/TY CAMERAS AND /NSTALLAT/ON- GO TRANS/T DOWNTOWN TRANS/T CENTER OSHKOSH TRANSPORTA T/ON DEPARTMENT THIS AGREEMENT, made on the 19T" day of December, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HUNTER SECURITY & SURVEILLANCE, W7537 MOLLY MARIE COURT, GREENVILLE, WI 54942, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Matt Hunter, Hunter Security & Surveillance) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. 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 project described in this contract: (David Vickman, City of Oshkosh GO TRANSIT) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Quotation "Security Cameras and Installation, GO TRANSIT Downtown Transit Center, Oshkosh Transportation Department" dated 1 1/15/14 and the Contractor's Quotation Proposal Form dated 12/4/14 and attached as Exhibit A. If anything in the Contractor's quotation proposal conflicts with the City's Invitation for Quotation, the 1 provisions in the Invitation for Quotation shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 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 project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be completed within 60 days of the purchase order issued for this project. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $18,351 .94, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. 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 IV. 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 2 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. ARTICLE V. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE VI. 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, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 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. 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 /CONSULTANT By: �2�s►�p�._N� � (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH �; ' By: �---�14�d>��i. �L ��� Mark A. Rohloff, City Manager (Witness) , . . ,� � And• ' itness) . , �1���� I�. S r��c i�e.�, � �' ��� � C' �-� rk_ APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City At ey �r�, c�o,�.or� City Comptroller 4 ���/✓i�5 �",�0 QUO�TAT(ON PROPOSAL SECURITY CA�4tlERAS At�D {NSTAL.L- GO TRANSIT CITY OF OSHKOSH Page �1 of 1 QUOTATIC3N �EA�LtNE !S 10:00 AM, MaNDAY, DECEItf�BER 15, 20'�4 From: �V � SC-.,c�2� Sc,rtv �,q�r (bidder's com an name P Y ) We, the undersigned, propose ta furnish all (abor, materials and insta(Ration per #he projec# specifcations ar�d drawings. Any area of fhe proposal page left blank may �e considered as a nan-responsive bid. Base Quote to instali and supply 6 tP cameras and equipment: � ��,�Z-�-t-�w�saN�?-���- �u,�aQ � i-,�r,�oN ��lc�� � 1�,3s1 .l`� (Base Quote Price- fn Words) �� Date Submiffed: I Z �t� Name of Com�any: 1�vM=�Q S6� ,�,�-r„ � S�2�C�LLAN�E 5�/sT�[MS � / � �-c. Submitted by: �name ar�d title) ✓1'14 �r ,� � d n,'— Emaif address: Jrn�-rr I�uN;-R� ��,,��E2 S�✓ ��` ,�� �a,,,� Address of Company: Vv'� �I�Ilq.rti� Cv�- G c.E,�,v�►w6 � s-y94� Phone: 20-� ,;�p DeJivery and insta[I �n �U days after receipt af order /VOTE: 17v� 'ta f�� ov= ybAR INS,-Ac�� �'1ANu�.eTurt.tS Paymentferms 3� �Q.0 Se•�•E -r�M� t+t�vt �.G�,�2 ���+u -ri^+ES �.z Eou�PME,u�- �"�sco4�. .�c►)r Pyc y 8EyN� 30 �ays. Addend�m Acknowledgement We hereby acknowiedge rece�pt of and I�ave thoroughfy examined the varitten Addenda(s) �ssued rior fo the b�d ctate in associatian with this project. These Addenda are numbered � #t�rattgh �-. , inclusive. We furEher unclerstand that failure to fully list the numbers of a�l publis�ed Adder►da may cause the City to reject fhis bid. If no addenda were issued fot this �roject simpiy er�ter"IV/A" above. TO: ALL SECURITY CAMERA VENDORS FROM: CITY OF OSHKOSH - GO TRANSIT DATE: December 2, 2014 SUBJECT: ADDENDUM #1 Attached is Addendum #1. When submitting your quotation please acknowiedge receipt of this Addendum. !� Acknowled e recei t of Ad g p dendum# 1 �vN�-2 S � q� �� �- c� , ►v C-2 Vendor/Contractor Name � ' �r �-=-'�,. Hunter Security &Surveiliance Systems j _ '� W7537 Molly Marie Court �,);-----=-� , � -�, Greenville, WI 54942 �--%��� E-mail: Matthunter@huntersurveillance.com Date Estimate# IiU�T1=R Web: Huntersurveillance.com SECURITY&SURVI_ILLANCE SYSTEMSLL� Facebook: Facebook.com/HunterSurveillance 12/4/2014 11120 Name/Address CITY OF.OSHKOSH-TRANSIT DEPARTMENT 926 DEMPSEY TRAIL OSHKOSH, WI 54902 � PROJECT BUS STATION PROPOSAL Description Qty Rate Total '*"" HEAD-END EQUIPMENT """"` NEMA 4 enclosure includes a 800 BTU AC unit, 150-watt heater,thermostat,filters, gaskets, 1 1,940.40 1,940.40 and an internal 19"rack. Power Requirement: 120 volts AC. Draw: 17 amps at start-up, 7 amps running.AC/Heater unit dimensions: 10"W x 20"H x 10"D SGHZ POINT-TO-POINT, 8 PORT-POE KIT 1 2,463.07 2,463.07 24 PORT CAT6 HIPER LINK PATCH PANEL 1 92.41 92.41 PATCH CORD, CAT 6, MOLDED BOOT, 3'WHITE 6 1.47333 8.84 CAT 6 CABLE WHITE 1000' REAL IN BOX 1 130.00 130.00 CAT6 CONNECTOR FOR NETWORKS 6 1.88 11.28 T8120 15W MIDSPAN 1 PORT 1 51.16 51.16 MISCELLANEOUS ITEMS (2 PIPES NEEDED FOR ANTENNA MOUNTS,2" PIPES) 1 36.99 36.99 �'*" 180 CAMERAS '*"* 12MP 180DEG WDR&D/N PANORAMIC (POLE CAMERA AND WALL MOUNT CAMERAS) 3 1,293.14 3,879.42 WALL MOUNT FOR MEGADOME,AV12186 CAMERA(NEEDED FOR POLE CAMERA AND 3 83.54 250.62 WALL MOUNT CAMERAS) ELECTRICAL BOX ADAPTER PLATE (NEEDED FOR POLE CAMERA AND WALL MOUNT 3 71.03 213.09 CAMERAS) ""`" 360 CAMERAS **** 12MP WDR&DAY/NIGHT/H.264/MJPEG, CAMERA,ADJUSTABLE/MOVABLE LENS 3 1,174.37 3,523.11 (PENDENT MOUNT AND BOOTH CAMERAS) LENS, FIXED-FOCAL, 2.8MM 12 33.03833 396.46 MOUNT CAP FOR SURROUND VIDEO, USED WITH THE A12176 CAMERA 2 38.555 77.11 PENDANT MOUNT BRACKET WITH JUNCTION BOX, USED WITH THE A12176 CAMERA 2 83.24 166.48 I look forward to working with you. Subtotal . Sales Tax (0.0%) � �OtB� �ee�rirr� �'Q ir Sr�fe atir�Sec rrre :"►1.8�1 Rcirnir I)nti°� Cire���1►"i1lc�,'41'i��#9�2 R:(924}�p2-�►4�7 �:�C�O�i}�1fi�-��3 rr�tael:��t:till�unt��r[��unlc��ur�•tillanit_t�5�i9 � ' ' •�-�_�,., Hunter Security &Surveiliance Systems ,�.'�� _ \''� W7537 Molly Marie Court ����r'�—�` Greenville, WI 54942 � ~ Date Estimate# IiU�TI_IZ ��' E-mail: Matthunter@huntersurveillance.com Web: Huntersurveiilance.com SECURITY&SURVEILLANCE SYSTEMISuc Facebook: Facebook.com/HunterSurveillance 12/4/2014 11120 Name!Address CITY OF OSHKOSH-TRANSIT DEPARTMENT 926 DEMPSEY TRAIL OSHKOSH, WI 54902 � PROJECT BUS STATION PROPOSAL Description Qty Rate Total TRAVEL TIME TO AND FROM EACH OF THE CUSTOMERS LOCATION. 1 42.50 42.50 INSTALLATION AND PROGRRMMING COST FOR COMMERCIAL JOBS 17 85.00 1,445.00 cost to drive to and from job site 40 0.60 24.00 SUB-CONTRACTING COST 1 3,600.00 3,600.00 Scope of Work: -Purchase and install a single 120 volt circuit and receptacle from existing distribution system to equipment rack/box on pavilion column. -Purchase and install a raceway system for(2)exterior wall mount cameras, (2)exterior 1-1/2" rigid pendant mount cameras, (1) interior ceiling mount camera, and (1)exterior wall mount equipment rack. - Install Hunter supplied cables from equipment rack to(5) camera locations. -Mounting, aiming, focusing, and programming of all devices by Hunter Surveillance. -Weatherproof equipment rack, hubs and mounting boxes Hunter supplied. Notes: -No new underground work is included. - Prevailing wage rates are not included. - Installation,terminations of all devices, and tuning of cameras and monitors by Hunter Surveillance. -Ali head end equipment by others. -All cable supplied by Hunter Surveillance. -Lift rental and electrical permit is included I look forward to working with you. Subtotal . Sales Tax (0.0%) . Tota I I�Ce�(�lr�� Yorf Snfe�r�r��e�rrre �1.8]1 Reimir I)ritF�i [�rri����i]Ct',11'i 3.��.�,� 1's(92U}�t12-3�iQi C�={l4[ifi)�1f�9-fi�t�3 t:m�il:�n�itfiunt��r�j��r��t�rse�ri•eillanei.etsrrs � ' •r���--=-, Hunter Security «Surveiilance Systerns d:��� �`� W7537 Molly Marie Court `'y�;'� Greenville, WI 54942 � Date Estimate# IiU\TI'�Z��' E-mail: Matthunter@huntersurveillance.com Web: Huntersurveillance.com SECURITY!4 SURVrIU.ANCE SYSTEMSu.c Facebook: Facebook.com/HunterSurveillance 12/4/2014 11120 Name/Address CITY OF.OSHKOSH-TRANSIT DEPARTMENT 926 DEMPSEY TRAIL OSHKOSH, WI 54902 � PROJECT BUS STATION PROPOSAL Description Qty Rate Total NOTE: - EXISTING NETWORK SWITCH WILL BE USED FOR 1 CAMERA MOUNTED ON POLE IN PARKING LOT. WILL ALSO HOOK TO WIRELESS SYSTEM,THIS NEEDS TO HAVE POE. - EXISTING SERVER WILL BE USED TO RECORD NEW CAMERAS. LICENSE FOR SERVER NOT INCLUDED. - PROPOSAL GOOD FOR 30 DAYS. -INTERNET IS REQUIRED TO BE ABLE TO VIEW OFF-SITE. -THE PIPE BETWEEN THE HEATED BOOTH AND THE ELECTRICAL ROOM MUST HAVE ROOM FOR ONE MORE CIRCUIT TO POWER RACK EQUIPMENT. ONE COAX MAY HAVE TO BE REMOVED. I look forward to working with you. Subtotal $�s,351.94 . Sales Tax (0.0%) $o.00 Total $18,351.94 ��epr'x�� I�orr�t�fe r��sr�.Sectrre .i�1$11 Rtin�er Drit`{ �rtin��i7lcs,��'i���42 Ps(�20}�fl2-�fi07 C�:(fi0li)afa4-�i-�fs3 ls�yt�el:riiailhunttr��ltuitEirsmrx•cillanti.��tarr� ���i/�n- 1� A�-�� HUNTE-1 OP ID:MD �- CERTIFICATE OF LIABILITY INSURANCE °A�'M�,°°'''"r" ' TH15 CERTIFICATE �S ISSUED AS A MATTER OF INFORMA710N QNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDERO HIS CERTIFICATE DOES NOT AFFIRMATIVEIY OR NEGA7iVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRAC7 BETWEEN THE tSSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLOER. IMPORTANT: If the certificate hoider is an ADDITIONAL ►NSURED, the poiicy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confe�rights to the certificate holder in lieu of such endorsement(s . PROOUCER NAMEACT Famil Insurance Center Brian Boeckman N17&8 Lfly of the Vatley Dr PHCN o Ext:920-757-1010 ---�-� Greenville,WI 54942 E-m,v� 1(FVC No�� 920-757-9710_ Brian Boeckman ADDRE33: � — INSURER(S)AFFORDING COVERAGE NAIC p — ---- �NSUReRa:Secura Insurance Com an 2543 INSURED HUNTER SECURITY 8�SURVEIL�ANCE ������ —�� - y 2.._�_—. W7537 Molly Marie Ct �NSUReR e; Greenville,WI 549d2 INSURERC:_ INSURER D: y� ��� — _ _ INSURER E: WSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POIICIES OF INSIJRANCE LISTED BELOW HAVE BEEN ISSUE� TO THE INSURED NAMEO ABpVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR QTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAlN, THE INSURANCE AFFORDED BY THE PO�ICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAip CLAIMS. INSR �-._.__....... .—..... A��$ . —...—_...._.. ...�._�_—_�— .. ..._..-_._.....�.._._. LTR 7YPE OF INSURANCE � POLICY NUMBER � MM/DCD�Y MM%DD� � � � LIMITS GENERAI UABILITY �EACH OCCURRENCE S 'I,OOO,OO A X COMMERCIA�GENERALLIABIUTY � X �' �CP3205081 I D4)��/Q��4 04/1012015 pREMiSES,Eao urre���� b ���,0� � �—"— � �CLAIMS-MADE �OCCUR MED EXP(My pne parson) $ S�QO � ' � PERSONAI..8 ADV INJURY $ 'I,OOO,OO ��� � �'�—�-�—"" I � GENERALAGGREGATE g Z,OOO,OO ,GEN'L AGGREGATEP MOIT APPLIES PER�. PRO�UCTS-COMP/OP AGG $ Y,OOO�OOO I POUCY rX LOC — 5 AUTOM081LE IIABILITY COM81NE0 SINGLE LIMIT Ee accident g ��Q���QQ A �ANY AUTO X A3222874 f 05/01/2014 04t1 d/2015 8001LY INJURY(Pet person) $ � . x ALL OWNED SCHEDULED � . . AUTOS AUTOS � 80DILY INJURY(Per accitlenl) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMA� $ PE R ACCID�NTL____��,.__i_._ X �-- i$ '� UMBRELIA lIAB , � �--{ `X OCCUR � EACH OCCURRENCE S 2,000,00 /J� i EXCESS UAB CLAIMS-MADE X CP003205082 ��--t��—���—�--- �.—�- _�_I___. I 04I10/2014�04/10/2015�pGGREGATE DED X RETENTION$ 'IO�OOO�i ( � �,' --.._....____„�.$._....__2,000,00 i y I WORKERS COMPENSATION � i � WC STATU- �OTH- �AN�EMPLOYERS'LIABIUTY Y�N I � � i 70RY LIMITS� ANYPRpPRiETOR/PARTNER/EXECUTIVE � � '�EH'�--- pFFICERlMEM6ER EXCLUDED? a(N I A E.L EACH ACCIDENT $ (Mandato � -�� -.. ...._._.. ry in NH) � i E.l.DISEASE-EA EMPLOYEE $ It yes,describe untler I pESCRiP7i0N OF OPERATIONS be�ow --- E.L DISEASE-pOLICY LIMIT $ � f DESCRIPTION OF OPERAT10N8/IOCATIONS/VEHICLES (Attaoh ACORD 101,Adtlittonal Remarke Schsdula,I/rtwre space is raqulred� C>O TRAN$IT See notepad � CERTIFICATE HOLDER CANCEL.LATION SHOULD ANY OF 7HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Clerk 215 Church Avenue AUTHORIZEDREPRESENTATIVE PO Box 1130 Brian Baeckman Oshkosh W{54903-1130 m 1988-2010 AGORD CORPORATION. Afl rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD HUNTE-1 Pnce 2 , _ INSURED'S NAME HUNTEFt SECURITY&SURVEILLAN OP ID: MD oate 12J18/2014 Additional Insureds per attached endoraements. Certificates of Insurance acceptabla to the City of Oshkosh shall be sumbitted prior to commencement of the work to the applicable City department. These certificatea 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 Cle=k-City of Oshkosh POUCY NUMBEFt: CP�dZO���t COMMERGlAL GENERAL LIABI�ITY c � ❑ n U ❑ O � 0 ❑ � � WIII�G 2D 10 O7 04 THIS ENDORSEMENT CHANGES THE POLlCY. PLEAS� R�AD IT CAREFULLY. ADDITlONAL INSURED -- 01NNERS, L.ESSEES flR C�NTRACTORS - SCHEDULED PERSON 4R ORGANIZATIC)N Th)s endorsemenf rnod(fies lnsurance provided under the following; COMMERCIAL GENERA� LIABlLITY COVERAGE PART SCHEDULE Name Of Addittonal Insured Person(s) Or dr anization s : l.acatEo�s)Qf Covered Operations As required by contract Any and aff)ab sites Information re uired to com lete fhis Schedule, if not shown above,wil� be shown in fha Qeclarations. A, Secfion fl — Who Is An Insured is amended to B. With respeck to the lnsurance afforded to these include as an additionai insured the person(s) or additionai insureds, the following additional exclu- organization(s) shawn in the Schedule, but oniy sions apply: with respect to liabilfty for "bodily injur�!', "property damage" or "personal and advertising (njur}�' This insurance does not apply to "bodfly fnjury�' or caused, in,wholo or in part, by: 'property damage"occurring after: 'i. Your acts or omissions;or 1, All work, includirtg materfais, parts or equip- 2. The acts or omissions of ihose acfing on your ment furnished in connect(on with such work, behalf; on the project(other than service, maintenanoe In the performance of your ongoing operations for ther ddtional msur d(s) at�he o ati neof'the the additionai insured(s) at the location{s) design- covered oparations has bean completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put fo its in- fended use by any person or organizatlon other than another contractor or subcontracfor en- gaged in performing operations for a principal as a part of fhe same project. lnsurance Standard Il SA1V1'PLE CERTlFICATE Piease Indicats somowhere on th?s certificate,ths contract or proJact# th s ceri catn I qr CG 20 10 O7 04 O fS0 Properties, Inc.,20Q4 Page 1 of 1 ❑ POLICY NUMBER CP��v5u�1 D (� �, � � � � COMMERCtAL G�NERAL LIABILITY � � � n � � (lltII�ti 20 3T 07 04 THIS ENl�ORSEM�NT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDrTIONAL tNSURED - pVi/NERS, LESSEES 4R CONTRACTt?RS - CQNIPLETED t)P�RATl4NS This endorsement modifies insurance provided under the followrng. C�MMERCiAL GENERAL LIABlUTY COVERAGE PART SCHEDULE Name Of Addltiona! lnsured Person(s} Or Or anization s : Location And Descri tlon Of Com leted Q erations As required by contract Any and all Job sites InformatPon re ufred fo com Iste this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An insured is amended to tnclude as an addltional insured the person(s) or organfzation(s) shown in the Schadule, but only wlth respect to liability for "bodily inJur�/', "property dam- age" caused, in whofe or in part, by "your work" at the locafion designated and described (n the sched- ule of this endorsement performed for that additional insured and included )n the "products-compieted operations hazard". insurance 5tandara!It SAMPLE CERTlF1CATE Please Indicate somewhere on this certHlcate,the contract or proJect# t 1 ic tn CG 20 37 07 04 C�ISO Properties, inc., 24Q4 Page 1 of 1 ❑ 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 Contractar 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 (1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C. § § 3801 et se�c . 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 ageed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. Access to Records 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 recards 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.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. 3.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). . . 4. FTA does not require the inclusion of these requirements in subcontracts. Federal Changes 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 (http://www.fta.dot.�ov/documents/12-Master.doc)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 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 wili 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)E�c ual Emplovment Opportunitv-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. Depariment 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 se�c .,(which implement Executive Order No. 11246, "Equal 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 ar 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)A�e-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 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. � A 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 GO Transit deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c.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 wark from GO Transit. In addition,the contractor may not hold retainage from its subcontractors. d.The contractor must promptly notify GO Transit,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 GO Transit. Incorporation of FTA Terms Incorporation of Federal Transit Administration(FTA)Terms-The preceding provisions include,in part,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 Oshkosh Transit System requests which would cause Oshkosh Transit System to be in violation of the FTA terms and conditions. Termination Provisions If the Contractor fails to deliver supplies ar 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 Oshkosh Transit System may terminate this contract for default. The Oshkosh Transit System 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 the Recipient. Energy Conservation 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.