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HomeMy WebLinkAboutParatransit Services/Oshkosh City Cab PARATRANSIT SERVICES CONTRACT CITY OF OSHKOSH THIS AGREEMENT,made on the 141h day of October,2016,by and between the CITY OF OSHKOSH,party of the first part,hereinafter referred to as CITY,and OSHKOSH CITY CAB CO., 2723 HARRISON STREET, OSHKOSH, WI 54901, 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. 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 IT, PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Glenn Davies, CEO, Oshkosh City Cab Co.) 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 III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (David Vickman,Transit Operations Manager) 1 ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Request for Proposals for the Project titled REQUEST FOR PROPOSALS FOR 2017-2021 PARATRANSIT SERVICES dated AUGUST 24, 2016. Additional contract agreements and federal clauses from the Contractor's proposal are attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications 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 V. 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 V1, CONTRACT TERM This contract will be for three (3) years commencing on January 1, 2017 with options to extend for two, one-year periods. This contract may be renewed by the City for two additional 1 year terms. Contract will automatically renew for years 4 and 5 unless a 90 day notice of termination is given before the end of the initial or renewal term. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor a sum of nine and 50/100 dollars ($9.50) per Dial-A-Ride Program (ADA, Senior and Access to Jobs) trip during the period January 1, 2017 through December 31, 2017; nine and 75/100 dollars ($9.75) per Dial-A-Ride Program trip during the period January 1,2018 through December 31,2018;nine and 75/100 dollars ($9.75)per Dial-A-Ride Program trip during the period January 1,2019 through December 31,2019; thirty-one and 50/100 dollars ($31.50) per Rural Program trip during the period January 1, 2017 through December 31,2017;thirty-one and 50/100 dollars ($31.50)per Rural Program trip during the period January 1, 2018 through December 31, 2018;and thirty-one and 50/100 dollars($31.50) per Rural Program trip during the period January 1, 2019 through December 31, 2019. If the agreement is extended according to Article V of this contract, the City shall pay the Contractor a sum of nine and 75/100 dollars ($9.75)per Dial-A-Ride Program trip during the period January 1, 2020 through December 31, 2020; nine and 75/100 dollars ($9.75) per Dial-A-Ride Program trip during the period January 1,2021 through December 31,2021;thirty-one and 50/100 dollars($31.50) per Rural Program trip during the period January 1, 2020 through December 31,2020;and thirty- 2 one and 50/1.00 dollars($31.50)per Rural Program trip during the period January 1,2021 through December 31, 2021. The City shall pay only for authorized trips that are provided by the Contractor. 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 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 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 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. 3 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. In the Presence of: CONTRACTOR/CONSULTANT By: (Seal of Contractor (Specify itle) if a Corporation.) By; O� (Specify Title) CITY OF OSHKOSH By: '�/ / -� /�--- Mark A, Rohloff, City Manager &)�;tx i ess) And: t ' (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ` ity Attorney City Comptroller 4 } PART F - FEDERAL CONTRACT CLAUSES The fallowing clauses will be attached to the awarded proposer's contract. No Obligation by the Federal Government (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any i I concurrence by the f=ederal 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 f 31 U.S.C. 3809 et seq, 49 CFR Part'3118 U.S.C. 9001 j 49 U.S.C. 5307 I (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act Of 9986, as amended, 31 U.S.C. § 3809 et seq . and U.S. DOT regulations, "Program Fraud l Civil Remedies,"49 C_F.R. Part 31, apply to its actions pertaining to this Project. Upon I execution of the underlying contract, the Contractor certifies or affirms the truthfulness and I 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. i (2) The Contractor also acknowledges that if it makes, or causes to be made, a false fictitious t 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 asslstance 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. § 9001 and 49 U.S.C. § 6307(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 City of Oshkosh—Department of Transportation 39 , I F F 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 i 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 00 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 shah 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 agneas 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 001, City of Oshkosh--Department of Transportation 40 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 htt :/Iwww.fta.dot. ovIfundin la i 1 rants financin LjZhtml 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. i 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.G. § 12132, 49 U,S.C. § 8332 29 CFR Part 1630, 41 CFR Parts 60 et seq. The following requirements apply to the underlying contract; i (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, 4.2 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 em tom y requirements P Y ent opportunity � apply to the underlying contract: , . (a) Race, Color, Creed, National Origin, Sex- In accordance with Title V11 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. Farts 60 et se implement Executive Order No. 11246, "Equal Employment Opportunity," q '' (which Executive Order No. 11375, "Amending Executive rer 1'1240 Relating to Eq al Emplonded yment f 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 f 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. i' (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 IlJ� amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of I ii City ot'Osblcosh—Department of Transportation 41 !!� �ii 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 DRE participation is 1%. .W 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 00 Part 26 in the award and administration of this DOT-assisted contract, f=ailure by the contractor to carry out these requirements is a material breach of this contract,which may result in the (09 termination of this contract or such other remedy as the GO Transit deems appropriate. Each 09 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 D13E 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-] Cis 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 perforin 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 City of Oshkosh—Department of Transportation 42 ,.r 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 4220.1 F (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 i 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 transactlon it enters into. ` � i 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 erroneousk certification, in addition to remedies available to the GO Transit, the Federal Government may i pursue available remedies, including but not limited to suspension and/or debarment. Theg bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this {{j 9 'E City of Oshkosh—Department of Transportation 43 ll offer is valid and throughout the period of any contract that may arise from this offer. The bidder t or proposer further agrees to include a provision requiring such compliance in its lower tier 0 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 40 parties shall be decided In writing by the authorized representative of GO Transit's 00 Transportation Director.This decision shall be final and conclusive unless within [ten (90)1 days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal 0 to the Transportation Director. in connection with any such appeal, the Contractor shall be 40 afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Transportation Director 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 00 continue performance under this Contract while matters in dispute are being resolved. 00 Claims for Damages - Should either party to the Contract suffer injury or damage to person or 0 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. 01 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. 011 Rights and Remedies-The duties and obligations imposed by the Contract Documents and the i10 rights and remedies available thereunder shall be in addition to and not a [imitation 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.G. 7401 et seq 40 CFR 16,61 49 CFR Part 18 (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued 0 pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees I 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. City of Oshkosh--Department of Transportation 44 Is Clean Water 33 U.S.C. 1251 (9) 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 $900,000 financed in whole or in part with Federal assistance provided by FTA. i� Contract Work Hours & Safety Standards Act 1) Overtime requirements - No contractor or subcontractor contractingfor any pad of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Note:According to the 4, Department of Labor, transportation contracts are exempt. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be i computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (9) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of � the standard workweek of forty hours without payment of the overtime wages required by the ) clause set forth in paragraph (1) of this section. ' (3)Withholding for unpaid wages and liquidated damages The (write in the name of the grantee) shall upon Its own action or upon written request of an authorized representative of the k Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in �) paragraph (2) of this section. 6E 1 (4) Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses y set forth in paragraphs (9) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the f clauses set forth in paragraphs(1) through (4) of this section. ;s _I Transit Employee Protective Arrangements City of Oshkosh—Department of Transportation l! 45 �i 49 U.S.C. § 5316, § 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 00 the underlying contract in compliance with terms and conditions determined by the U.S. 01-0 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 (04 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. Charter Service Operations The contractor agrees to comply with 49 U.S,C. 5323(d) and 49 CFR Part 664, which provides . that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," I.e., it must not interfere with or detract from the provision of mass transportation. School Bus Operations Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions.When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. ` 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, 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 City of Oshkosh—Department of Transportation 46 r T' 1 r' 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 1! 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; k` (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; i (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.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; ill° (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the i Physically Handicapped,"41 C.F.R. Subpart 101-19; ' t (7) U.S. EEOC, "Regulations to implement the Equal Employment Provisions of the Americans u� with Disabilities Act,"29 G.F.R. Part 1630; (8) U.S, Federal Communications Commission regulations, "Telecommunications Relay !I Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,"47 I C.F.R. Part 64, Subpart F; (9) U.S. ATBCS regulations, "Electronic and Information Technology Accessibility Standards,° 36 C.F.R. Part 1194; I (10) FTA regulations, "Transportation for Elderly and Handicapped Persons,"49 C.F.R. Part ! 609; and `i! (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. Lobbying Byrd Anfi-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act �li . of 1995, P.L. 104-65[to be codified at 2 U.S.C. § 1601, at seq.j- Contractors who apply or bid � City of Oshkosb-Department of Transportation 47 for an award of$100,000 or more shall file the certification required by 48 CFR part 20, "New Restrictions on Lobbying."Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1895 who has made lobbying contacts on its behalf with non-federal funds with raspect to that f=ederal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. City of Oshkosh—Department of Transportation w 49 DATE f h161r0D(YYYY) A a CERTIFICATE OF LIABILITY INSURANCE 9/6/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of they policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsOment(s). PRODUCER CONTACT xTUlie PelisChok NAME: Advisorl4et Property and'Casualty LLC PHONE �) (86$)896-0281 FAX (612)313-7614 701 4th Avenue Southjpelischek@advisornetpc.com _ nDDREss: Suite 1620 __ INSURER{$)AFFORDING COVERAGE _ I NAIC 0 Minneapolis AA. SS415 _ INSURERA American Count x Insurance Co. ___f 3823'7 INSURED_^ T v INSURER B;Gateway Insurance Co 283.3.9 Oshkosh City Cab Co. , Inc. INSURERC?Travelers T_� _- 2723 Harrison Street INSURERD: INSURER E: Oshkosh WI 54 901 INSURER F: COVERAGES i CERTIFICATE NUMBER:15-16 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DIESCRIDED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF,SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LNSR i TYPE OF INSURANCE j IADDIf$17BFi1 �POL(CY EFF POLICY EXP LIMITS LTR I I POLICYNUMBER LIMIDDIYI'W famoDmY X COM11ERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO-R-ENTED 100,000 A _ CLAIM$AiAD'c OCCUR P Eh IS4 FS fEa occurre!iq $ JC GL1396P2015 8/1/2016 12/31/2016 MED EXP(Any one Wson) S 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO. LOC. 1:1IPROOUCTS.COMPICPAGG 5 2,000,000 —} JECT `---- OTHER: I 5 AUTOMOBILE LIABILITY I COMBINED SINGLE LFMIT 5 1,000,000 '(En accident 9 ANY AUTO ', BODILY INJURY(Per PWSM) is v_ ALLOWNED SCHEOULeD CAS384P2015 12/31/2015 12/31/2016 BODILY INJURY(Per aa�denl) S X AUTOS AUTOS OvmEo X PROPERTY DAMAGE - $ X KRED AUTOS X AUTOS Underused motorist Bl s a S 100,000 UMBRELLA L1AS OCCUR EACH OCCURRENCE S EXCESS LIAR CLA 11S•h9A0£ AGGREGATE 5 DED RETENTfONS i S WORKERS COMPENSATION _- STATUTE ETH _ AND EMPLOYERS'UABILITY YIN iANY PROPRIETOWPARTNERIEXECUTIVE EL EACHACCIOFN7 I S 100,000 OFFICERrf.1EMBER EXCLUDED? a N I A C (Mandatory In NH) 6,7UB-51183812-6-16 3/7./2016 3/1/2017 E L DISEASE-EA EMPLOYE S 100,000 H yyas describe tinder I E.L.DISEASE-POLICY Lftd1T 5 500,000 DESLIRiP710N OF OPERATIONS belotY I I , DESCRIPTION OF OPERATIONS!LOCAnONSIVEHICLCS (ACORO tel,Additional Remarks Schedule,maybe attached If more spare is required) The City of Oshkosh and its officers, council members, agents, employees and authorized volunteers are listed as additional. insured. Vehicle list attached CERTIFICATE HOLDER CANCELLATION (920)236-5039 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO Box 1130 - AUTHORIZED REPRESENTATIVE Oshkosh, wl 54903 I David Burkart CPCU/J? O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS0251mid s i POLICY NUMBER: GL1396P2015 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. j ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the Following: 1 COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE E Name Of Additional Insured Person(s) Or Or anization s Locaflon s Of Covered Operations CITY OF OSHKOSH, ITS OFFCRS, COUNCIL MEMBERS,AGENTS, EMPLOYEES OR AUTHORIZED VOLUNTEERS 215 CHURCH AVE, PO BOX 1130, OSHKOSH, WI 54903 i Information re aired to complete this Schedule if not shown above,will be shown in the Declarations. A. Section 11 -- Who Is An Insured is amended to 6. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organizaWri(s) shown in the Schedule, but. only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury` "property damage"occurring after: caused, in whole dr in part, by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, an the project (oilier than service, behalf; maintenance or repairs) to be performed by or In the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(u) location of the covered operations has been designated above: completed; or However: 2• That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and ' engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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 sucf)additional insured. i 1 I CG 20 10 04 13 Oc Insurance Services Office,Inc.,2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section Ili-- Limits Of insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we cable Limits of insurance shown in the will pay on behalf:of the additional insured is the applicable Declablons. amount of insurance: 1. Required by the contract or agreement;or a E Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13