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CONTRACTOR AGREEMENT- NON-AMBULATORY PARATRANSIT SERVICE
THIS AGREEMENT, made on the 13th day of October, 2015, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
RUNNING INC., 318 WEST DECKER STREET, VIROQUA, WI 54665, 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:
(JUSTIN RUNNING, PROJECT MANAGER, RUNNING INC.)
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, TRANSIT QPERATIONS MANAGER, ClTY OF OSHKOSH)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide the services described in the proposal dated
September 10, 2015. (THIS ATTACHED AS EXHIBIT B) 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, drawings, specifications, computer files, field data, notes and
other documents and instruments prepared by the Contractor as instruments of
service shall remain the property 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. TERM
The term of this agreement shall be for three years beginning on the 1 st day of
January 2016, and extending to December 31, 2018. This agreement may be
renewed by the City for two additional 1-year terms. Contract will automatically
renew unless a 90 day notice of termination is given before the end of the initial or
renewal term.
ARTICLE VI. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a
part of this contract as if herein set out verbatim, or if not attached, as if hereto attached:
1. Proposal Solicitation
2. This Instrument
3. Contractor's Proposal
In the event that any provision in any of the above component parts of this
contract conflicts with any provision in any other of the component parts, the provision in
the component part first enumerated above shall govern over any other component part
which follows it numerically except as may be otherwise specifically stated.
ARTICLE VII. PAYMENT
A. The Contract Sum. The City shall pay to the Contractor a sum of twenty-
one and 95/100 dollars ($21.95) per one-way trip during the period January 1,
2016 through December 31, 2016.
B. Contract Sum Adjustments. Prices for the per one-way trip rate in
subsequent contract years will be adjusted effective January 1, 2017 and on the
15L day of January in each subsequent year based on the percent change in
Consumer Price Index (CPI-U) for "All Items". The source of this data shall be the
U.S. Bureau of Labor Statistics. The adjustment will be determined by multiplying
the previous contract year's rates times the CPI-U (All Items) percent change for
the preceding twelve (12) months.
C. 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. The City shall pay only for authorized
trips that are provided by the Contractor.
D. 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 VIII. 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.
ARTICLE IX. INSURANCE
The Contractor agrees to abide by the attached City of Oshkosh Insurance
Requirements. (THIS ATTACHED AS EXHIBIT C)
ARTICLE X. 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.
ARTICLE XI. 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 "A".
In the Presence of:
(Seal of Contractor
if a Corporation.)
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APPROVED:
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City A torney
CONTRACTOR
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CITY OF OSHKOSH
By:
M rk A. Rohloff, City Manager
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Pamela R. Ubrig, City Clerk �
I hereby certify that the necessary provisions have been made to pay the liability
which will accrue under this contract.
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City Comptroller
Exhibit A
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 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/fiuidina/appl�grants financin� 3162.htm1) 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 (LJ.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opporiunity, Department of Labor," 41 C.F.R. Parts 60 et seq .,
(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 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 agency's overall goal for DBE participation is 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 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)).
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 GO Transit. 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 GO Transit and contractor's receipt of the
partial retainage payment related to the subcontractor's work.]
e. The contractor must promptly notify the 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 the GO
Transit.
Incorporation of FTA Terms
FTA Circular 4220.1 F
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 GO Transit requests which would
cause GO Transit to be in violation of the FTA terms and conditions.
Termination Provisions
49 U.S.C. Part 18
FTA Circular 4220.1F
(1) Termination for Convenience - The performance of work under the Contract may be
terminated by GO Transit in accordance with this Section in whole, or from time to time in part,
whenever GO Transit 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 GO Transit may terminate this contract for default.
The GO Transit 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 GO Transit.
(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 GO Transit.
If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to the GO Transit, 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.
Resolution of Disputes, Breaches, or Other Litigation
49 CFR Part 18
FTA Circular 4220.1 E
Disputes arising in the performance of this Contract which are not resolved by agreement of the
parties shall be decided in writing by the authorized representative of GO Transit's
Transportation Director. This decision shall be final and conclusive unless within [ten (10)] days
from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal
to the Transportation Director. In connection with any such appeal, the Contractor shall be
afforded an opportunity to be heard and to offer evidence in support of its position. The decision
of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be
the decision.
Performance During Dispute - Unless otherwise directed by GO Transit, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the GO Transit and the Contractor arising out of or relating to this
agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court
of competent jurisdiction within the State in which the GO Transit is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law. No action or failure to
act by the GO Transit or Contractor shall constitute a waiver of any right or duty afforded any of
them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
Clean Air
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to
report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,
report each violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Clean Water
33 U.S.C. 1251
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Transit Employee Protective Arrangements
49 U.S.C. § 5310, § 5311, and § 5333
29 CFR Part 215
(1) The Contractor agrees to comply with applicable transit employee protective requirements as
follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines that
transit operations are involved, the Contractor agrees to carry out the transit operations work on
the underlying contract in compliance with terms and conditions determined by the U.S.
Secretary of Labor to be fair and equitable to protect the interests of employees employed under
this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b}, and U.S.
DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions
are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA
Recipient's project from which Federal assistance is provided to support work on the underlying
contract. The Contractor agrees to carry out that work in compliance with the conditions stated in
that U.S. DOL letter.
Drug and Alcohol Testing
The contractor agrees to participate in GO Transit's drug and alcohol program established in
compliance with 49 CFR 655.
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.
Recycled Products
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002
of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
ADA Access
The Contractor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that
elderly individuals and individuals with disabilities have the same right as other individuals to
use public transportation services and facilities, and that special efforts shall be made in planning
and designing those services and facilities to implement transportation accessibility rights for
elderly individuals and individuals with disabilities. The Contractor also agrees to comply with
all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
§ 794, which prohibits discrimination on the basis of disability in the administration of programs
or activities receiving Federal financial assistance; with the Americans with Disabilities Act of
1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities
and services be made available to individuals with disabilities; with the Architectural Barriers
Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public
accommodations be accessible to individuals with disabilities; and with other laws and
amendments thereto pertaining to access for individuals with disabilities that may be applicable.
In addition, the Recipient agrees to comply with applicable implementing Federal regulations,
and any later amendments thereto, and agrees to follow applicable Federal implementing
directives, except to the extent FTA approves otherwise in writing. Among those regulations and
directives are:
(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49
C.F.R. Part 37;
(2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
(3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/LJ.S.
DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;
(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services," 28 C.F.R. Part 35;
(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
(6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the
Physically Handicapped," 41 C.F.R. Subpart 101-19;
(7) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act," 29 C.F.R. Part 1630;
(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay
Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47
C.F.R. Part 64, Subpart F;
(9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards,"
36 C.F.R. Part 1194;
(10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part
609; and
(11) Federal civil rights and nondiscrimination directives implementing the foregoing Federal
laws and regulations, except to the extent the Federal Government determines otherwise in
writing.
EXHIBIT B
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COST PROPOSAL FORM
Cost proposal form and cost adjustment attacNments must be in a separate sealed
envelope. Label the envelope "Cost Proposal Form."
Company Name: Running, Inc.
The proposai price shall be based on a fixed rate per one way trip. The chart below inciudes the
fixed rate price for the first year of the contract (1/1/16 - 12/31/16). No adjustments will be made
to the year-one per trip rate. The price quoted in any proposal shall include all terms of items of
labor, material, tools, equipment, training, and other costs necessary to fully complete the
�c��.,��t.
Proposed year-one per trip cost: $ $21.95
Please list any cost adjustments that would apply to the 2"d through 5th years of the contract
period. Any fuel "escalator" clause included shall be combined with an equal and reciprocal "de-
escalator" clause. Attach worksheets or other detail explaining adjustments to cost.
Cost Adjustments:
Cost of Living Adjustment for each of the 2nd through 5th Contract years based upon the percent change in Consumer
Price Index (CPI-U) for "Ali items" published by the Bureau of Labor Statistics (BLS) (Table 1A. Consumer Price Index
for All Urban Consumers (CPI-U): U.S. city average, by expenditure category and commodity and service group,
Expenditure Category " All Items"). The CPI-U value is published by the BLS at its website: http://www.bls.gov/cpi/news.htm
I certify that all the information in this bid for transportation services is true and
2��U1'ztP,
Name: Justin Run
Tltle: Vice- President
Signature:
Company'�Name (bidder/proposer): Running, �nc.
Det2: September 10. 2015
City of Oshkosh — Department of Transportation 30
�7
EXHIBIT C
0
����� 6���.�
� � DATE (MMIDDIYY`(Y)
ACORD CERTIFICATE OF LIABILITY INSURANCE
`�. io/22/zois
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 AFFOR�ED BY THE POLICIES
6ELOW. THIS CERTIFICATE OF INSURANCE DQES NOT CONSTITUTE A CONTRAC7 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 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 Iieu o( such endorsement(s).
i PRODUCER . CONTACT Julie Pelischek
_NAME_ __
AdVisO=2I0t Property and Casualty LLC PH�NE ,(866) 896-0281 FqAJC No :�612)313-7574
701 4th Avenue South AooR�ESS:�Pelischek@advisornetpc.com
3uite 1620 INSURER(S) APFORDING COVERAGE NAIC #
Minneanolis 2�1 55415 INSURERAReptibllC Franklin Insurance Company 12475
{NSURE�
Runninq, Inc., Srown Cab Service, Inc. 6
Passenger Tranait, Inc.
318 West Decker Street
Viroqua WI 54665
COVERAGES CERTIFICATE NUMBER:15-16 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 7HE INSURED NAMED ABOVE FOR THE POLICY PERIOD
iNDfCATED. NOTWiTHSTANDING ANY REQUIREMENT, 7ERM OR CONDfTYON OF ANY CONTRACT OR OTHER DOCUMENT 1M7H RESPECT TO WHICH THIS
CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITtONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD� UBR��: POLICY EFF POLICY EXP LIMITS
TR TYPE OF INSURANCE i I i POLICY NUMBER MPNDDfYYYY . MMtDD(YYYY I
j( COMMERCIAL GENERAL UABILITY I � EACH OCCURRENCE 5 1� 000 , 000
f DAMAGE TO R N ED 5 100 � 000
A � CLAIMS-MADE ❑X OCCUR � PREMISES Ea ocwrrenca
X CPP38818d9 8/1I2�15 8/1I2016 MED EXP (My ona person) 5 Excluded
PERSONAI&ADViNJURY S 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2, 000 � 000
X POLIGY ❑ jE � � LOC PRODUCTS - COMP/OP AGG 5 1� 000 , 000
GL Enhancement EnCO S Zncluded
OTHER:
AUTOMOBILE UABILIIY � Ea aBcol�tleD SINGLE LIMIT ' S 1, 000 , 000
LL-
A X i ANY AUTO I BODILY INJURV (Per person) S
ALLOWNED SCNEDULED x C2P38818d9 8/1/2015 8/1/2016 BODILYINJURY(Peraccident) 5
AUTOS AUTOS
NON-OVJNED PROPERTY DAMAGE -'--- . s._..... _--_-.-
Per accitlent
HIRED AUTOS AUTOS S 3O0 � 000
� Uninsured/UnCerinsuretl
X UMBRELUI LIAB 7C OCCUR EACH OCCURRENCE S 4, ��0 , Q00
A EXCESS LIAB CLAIMS-MADE AGGREGATE S
pED i RETENTIONS X CULP3881850 8/1/2015 8/1/2016 S
WORKERS COMPENSATION STATUTE �RH
AND EMPLOYERS' UA8IUTY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACM ACCI�ENT S
OFFICER/MEMBER EXCLUDED? ❑ N I A
�(Mandatory In NH) E.L. DISEASE - EA EMPLOYE S
i 6 yes descnCe un6er E.L DISEASE - POLICY LIMIT S
, DESCRIPTION OF OPERATIONS below
A�Sexual Abuae/Molestation . Crn3881849 8/1/2015 B/1/2016 EachOcwrrance $500,000
� Aggregate $ 500 , 000
DESCRIPTION OF OPERATIONS I LOCA710N5/ VEHICLES (ACORD 101, ACdttlonal Remarks Schedule, may be attachetl If more space Is roqulred)
The City of Oshkosh and its officers, Council members, agents, employees and authorized volunteers a=a
listed as additional insured.
HOLDER
SHOULD ANY OF THE AflOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn: City Clerk ACCORDANCE WITH THE POLfCY PROVISIONS.
215 Church Ave
PO BOX SS3O AUTHORIZEDREPRESENTATIVE
Oshkoah, WI 54903-1130 ����
David Burkart CPCU/JP
O 1988-2014 ACORD CORPORATION. Ail rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
1 N 5025 r�n t nm �
-��� RUNNI-1 OP ID: CL
A�c,..oRO� CERTIFtCATE OF L[ABILITY lNSURANCE DATE�MMIDDlYYW)
10127/2015
THiS CERTIFICATE lS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UAON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATiVELY AMEND, EXTEND OR ALTER THE COV.ERAGE AFFORDEp BY THE AOLICIES
BElOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORlZED
REPRESENTATIVE OR PRODUCHR, AND THE CERTIFICATE HOLDER.
1MPORT'ANT: If the certiflicate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject Yo
fhe terms and conditions of the policy, certain policies may requfre an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsementlGl_
PRODUCER
DIB/A Ciabough 8 Associates
P.O. Box B
Wittenberg, YVI 54499
Clabough & Associates, Inc.
INSURED Running Inc
dba Brown Cab Service Inc
318 W DeckerSt
Viroqua, W154665
' Clabou h & Associates lnc
E;,�:715•253-2153 ,ac rvo�• 715-253-3692
;; connielan ciabou hassociates.com
INSURER{S) AFFORDING COVERAGE NAIC
n: West Bend Mutual Insurance Co �
� I INSURER F • � I
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS lS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN tSSUED TO 7HE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAC7 OR OTHER DOCUMENT WITH RESPECT TO WHlCH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIiE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFf POLICY EXP
LTR TYPE OF INSURANCE POLICY NUMBER MM/pD1YYYY MMIDDlYYYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 3
CLAIMS-MADE � OCCUR fl A E RENTED �
PREMISES Ea ocwrrence S
MED EXP (My one personj $
PERSONAL & ADV 1NJURY $
GEN'L AGGREGA7E LIMITAPPLIES PER: GENERAI AGGREGATE $
POLICY � PRO- �
JECT �0� PRODUCTS - COMPIOP AGG S
OTHER: a
AUTOMOBILE LIABILI7Y COMBINED SINGLE IIMIT s
Ea accident
ANYAUTO BODIIYlNJURY(Perperson) S
AILOWNED SCHEDULED
AUTOS AUTOS BODILY INJURY (Per accident) $
NIREDAUTOS NON•OWNED PROPERNDAMAGE
AUTOS Per.accident $
S
UMBRELLA LIAB OCCUR EACH OCCURRENCE 5
EXCESS LIAB CLAIMS-MAOE AGGREGATE a
DED RETEMTION S y �
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY STATUT X ER H
A ANYPROPRIETORIPARTNERIEXECUTIVE Y!N �ES 1826316•03 12/3112014 12l31/20i5 E.L.EACHACCIDENT E S�Q,�Q
OFFICER/MEMBBR El(CLUDED? � N!A
(Mandatory In NH) E.l. DISEASE - EA EMPLOYEE S Sfl�,O�
It yes, describe under
DESCRIP710N OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S SOO,000
OESCRIPTSON OF OPERAT10N9 7 LOCATON8/ VEHIClE3 (ACORD 101, Additlonal Ramarks Schedule, may be aMached if more spx� Is reqvlrW)
CERTIFICATE HOLDER r.eu�Fi � eTinti
CITYO-4
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN
Clty Of OShkOSh ACCORDANCE WI7H THE POLiCY PROVISIONS.
City Clerk AUTH6RI2ED REARESEN7ATiVE
215 Church Ave PO Box 1130 Clabough � Associates, Inc. t
�shkosh, Wi 54903-1130
O 1988-2014 ACORD CORPORATION. All rights e ed.
ACORD 25 (2014/01) The ACQRD name and logo are registered rr►arks of ACORD
POLICY NUMBER: CPP 3881849
COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under thefollowing:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by thisendorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below.
Endorsement Effective:
10/22/2015
Named Insured:
RUNNING INC., BROWN CAB SERVICE INC.
Countersigned By:
SCHEDULE
orize
Name of Person(s) or Organization(s):City of Oshkosh, and its o�cers, council members, agents, employees
and authorized volunteers.
215 Church Ave. PO Box 1130 Oshkosh, WI 54903-1130
{If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained
in Section II of the Coverage Form.
CA 2048 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 D
POLICY NUMBER: CPP 3881849
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
OrOrganization(s) Locationlsl Of Covered Ooerations
City of Oshkosh, and its officers, council
members, agents, employees and authorized
volunteers.
215 Church Ave. PO Box 1130
Oshkosh, WI 54903-1130
Information re uired to com lete this Schedule, if not shown above, wiii be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respectto liabilityfor"bodily injury", "property
damage" or "personal and advertising injury"
caused, inwhole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
. law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additionai insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be perFormed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 20 10 04 13 � Insurance Services Office, Inc.,2012 Page 1 of2
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III- Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount ofinsurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Deciarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
Page 2 of 2 � Insurance Services Office, Inc., 2012 CG 20 10 0413