RFP GO TRANSIT Bus Advertising 2023.pdf

CITY OF OSHKOSH, WISCONSIN

REQUEST FOR PROPOSALS

FOR

BUS ADVERTISING SERVICES

February 23, 2023

GO Transit 926 Dempsey Trail

Oshkosh, Wisconsin 54902 www.oshkoshtransit.com http://www.oshkoshtransit.com/

City of Oshkosh Request for Proposals

Bus Advertising Services

City of Oshkosh – Department of Transportation Page i

TABLE OF CONTENTS

PART A – NOTICE TO VENDORS

PART B - GENERAL INFORMATION

Service Background Service Availability Length of Contract Scope of Work

Optional Future Advertising Space Disadvantaged Business Enterprise

PART C – CONTRACTOR REQUIREMENTS

Revenue

Residual Advertising Assignment of Contracts Material

Installation & Removal Payments to GO Transit

Public Records Audits

PART D - RESPONSIBILITIES OF GO TRANSIT

Contract Administrator Maintenance Data

Scheduling for Ad Installation

PART E – ADDITIONAL SERVICES

Creative Support

PART F – PROPOSAL REQUIREMENTS AND SUBMITTAL INSTRUCTION

General Information Proposed Schedule Proposal Selection

Evaluation Criteria Protest Procedure Mandatory Proposal Requirements

Proposal Response Requirements Revenue Proposal Form Compliance with Contractor Requirements Certification

NON-COLLUSION BIDDING CERTIFICATION

Compliance With FTA Requirements Certification

APPENDIX 1 – SAMPLE CONTRACT

APPENDIX 2 – FEDERAL CONTRACT CLAUSES

APPENDIX 3 – CITY OF OSHKOSH STANDARD TERMS AND CONDITIONS

APPENDIX 4 – CITY OF OSHKOSH INSURANCE REQUIREMENTS

City of Oshkosh – Department of Transportation Page 2

PART A – NOTICE TO VENDORS

CITY OF OSHKOSH PURCHASING DIVISION

NOTICE TO VENDORS

1. NOTICE IS HEREBY GIVEN that sealed proposals will be received in the City Clerk's office, Room 108, City Hall, Oshkosh, Wisconsin, for: ”PROPOSAL FOR BUS ADVERTISING SERVICES” FOR

THE CITY OF OSHKOSH, DUE NO LATER THAN 10:00 AM, TUESDAY, MARCH 21, 2023.

2. It is the bidder's sole responsibility to insure that the proposal is timely and physically received by the City

Clerk's office prior to the deadline set forth in this notice. Receipt of a bid/proposal by the mail system or other City departments does not constitute receipt of a bid/proposal by the City Clerk’s office.

3. All proposals must be submitted in an envelope sealed by the bidder or designated representative. All proposals should be addressed to the City Manager, c/o City Clerk's Office, City Hall, 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54903-1130. On the outside of the envelope, the bidder should distinctly indicate the name and address of the bidder and in the lower left corner should clearly indicate the envelope contains a sealed proposals for: “PROPOSAL FOR BUS ADVERTISING SERVICES.” Any proposals not complying with these instructions will not be considered submitted to the City, and shall be returned to the bidder unopened and unread.

4. Submission of proposal documents by facsimile equipment or electronic mail (email) will not be accepted.

5. This notice establishes a time by which sealed proposals must be physically received by the City Clerk's office. No proposals will be accepted after that deadline. Under no circumstances will proposals be accepted and read when submitted at the place of bid opening even if presented before that deadline.

6. The City is not responsible for proposals submitted in any other way except those submitted in strict conformance with these instructions.

7. A written request for the withdrawal of a proposal or any part thereof may be granted if the request is received by the City prior to the specified time of opening.

8. All formal proposals submitted shall be binding for thirty-five (35) calendar days following the bid opening date, unless the bidder(s), upon request of the General Services Manager, agrees to an extension.

9. If applicable, bidder must comply with all necessary insurance requirements, bid bond and/or performance bond as required of the project and as noted in the City of Oshkosh Insurance Requirements.

10. If the proposal is accepted, the bidder must execute and file the proper contract within ten (10) days after award by the Common Council and receipt of the contract form for signature. In case the successful bidder shall fail to execute and deliver the Contract and Performance Bond within the time limited by the City, the amount of the bid bond shall be forfeited to the City of Oshkosh as liquidated damages.

11. The City reserves the right to reject any and all proposals and to waive any informalities in bidding.

12. For specifications and further information concerning this invitation to bid, contact Jon Urben, General

Services Manager, email: jurben@ci.oshkosh.wi.us or telephone (920) 236-5100.

Mark A Rohloff

City Manager

City of Oshkosh – Department of Transportation Page 3

PART B - GENERAL INFORMATION

Service Background

The GO Transit is engaged in the business of carrying passengers for hire in 16 full-size transit buses. The current fleet consists of the following vehicles:

Year Manufacturer Model Size Quantity

2013 New Flyer XD35 35’ 2

2018 New Flyer XD35 35’ 2

2018 New Flyer XD40 40” 5

2019 New Flyer XD35 35’ 3

2022 New Flyer XDE40 40’ 2

2022 New Flyer XD35 35’ 2

GO Transit utilizes 9 buses in daily service. All GO Transit buses are rotated on all routes and are not assigned to certain routes. The model year 2022 buses listed above are hybrid-electric and all remaining buses are conventional diesel.

In 2022, GO Transit buses carried 564,372 passenger trips and operated a total of 471,658 revenue miles. Service scheduled in 2025 will be similar in 2023 miles operated.

GO Transit bus service runs Monday through Saturday from 6:15 a.m. to 6:45 p.m. on regular schedules in the City of Oshkosh, Wisconsin. In addition to the regular service, GO Transit provides special event service during the Experimental Aircraft Association Fly-In and Sport Aviation Exhibition.

The objectives of this RFP are to identify and select a qualified Contractor to sell, install, display, and maintain advertising space on 16 GO Transit buses to generate advertising revenue for GO Transit.

The City of Oshkosh/GO Transit is hereinafter referred to as “GO Transit.”

Service Availability

The services described in this RFP are based on current funding levels. It is important to note that budgetary constraints at all levels of government may result in the reduction of services currently provided by GO Transit. As a result, GO Transit does not imply or guarantee that current levels of service or passenger volumes will be maintained over the

City of Oshkosh – Department of Transportation Page 4 term of this procurement.

Length of Contract

The contract length will be for three (3) years with options to extend for two one-year periods.

A sample contract is listed in Appendix 1.

Scope of Work

The successful Contractor shall provide all work and services necessary to solicit and secure advertisers for available exterior and interior space on the buses, assist advertisers with design and production of materials as necessary, place and remove or arrange for the placement and removal of said materials on the buses, and handle all billing, collection, and payment of funds for the display of advertising on GO Transit buses.

The Contractor shall maximize advertising revenues and, as reasonably as possible, utilize 100% of the available advertising space.

The current available advertising locations include the following:

Full bus wraps Less than full bus wraps 30” x 144” direct application display advertisements on exterior of buses, driver side (35’ and 40’ buses) 30” x 88” direct application display advertisements on exterior of buses, curb side (35’ buses) 21” x 72” direct application display advertisements on exterior of buses, rear (all buses) 11” X 28” card insert display advertisements on interior of bus (all buses)

GO Transit currently offers unused interior bus ad space to government entities. The only cost for the government entity would be to cover the printing and material expense of the bus cards. As a value added service, GO Transit prefers a contractor that can provide affordable interior bus cards for GO Transit and approved government entities. Other revenue generating interior bus cards take precedence over interior cards provided at no cost.

All GO Transit buses contain bike racks. GO Transit’s bus bike racks are not equipped with ad frames and currently are not used for advertising. As an option and with GO Transit approval, the bus bike racks would be available ad space. However, the contractor would be required to supply and install ad frames compliant with the bike rack manufacturer’s recommendations or other equipment necessary to utilize this space. GO Transit does not permit exterior ad frames on other areas of the bus, but would consider ad frames on bike racks according to the requirements above.

Other ad sizes or available space may be used upon approval by GO Transit.

City of Oshkosh – Department of Transportation Page 5

The successful Contractor shall allow GO Transit to display advertising and notices pertaining to its own operations, or public service advertising in unsold spaces and locations. The Contractor may not sell or install more than four (4) full bus wraps at any given time.

It shall be the responsibility of the Contractor to provide, install and remove all advertising signs.

The successful Contractor shall be responsible for complying with all applicable Federal, state and local laws and regulations governing the sale of transit advertising. Specific Federal & City of Oshkosh requirements that apply to the Contractor are outlined in Appendices 2 & 3 of this solicitation.

Optional Future Advertising Space

GO Transit does not currently sell advertising space at the downtown transit center, bus shelters or benches. GO Transit’s downtown transit center is located at 110 Pearl Ave.

The center consists of a long platform with a metal roof. It features one heated shelter and two open shelters where bus riders transfer between buses and is a destination to catch routes. GO Transit also has 31 shelters and 7 benches located through the City of Oshkosh along GO Transit routes.

GO Transit may wish, at a later date, to engage the selected Contractor to sell advertising at these locations. However, GO Transit does not guarantee that this space will be made available during the term of the agreement.

Contractors are welcome, but not required, to submit preliminary proposals on optional future advertising space as a part of their response to this request for proposals. However, the evaluation of proposals will be based on the advertising scope described in the “Scope of Work” section.

Disadvantaged Business Enterprise

GO Transit has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. It is the policy of GO Transit to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts.

There is no contract goal established for this agreement. If a proposer is certified with the State of Wisconsin as a DBE vendor, please indicate DBE certification within the submitted proposal.

City of Oshkosh – Department of Transportation Page 6

PART C – CONTRACTOR REQUIREMENTS

Revenue

In the Revenue Proposal Form in Part F, the Contractor shall provide a monthly guaranteed minimum revenue amount and a monthly percentage of gross monthly sales.

The Contractor shall pay GO Transit the monthly guaranteed minimum revenue amount or the monthly percentage of gross monthly sales, whichever is greater. Proposers can propose different monthly minimums and percentages for each of the three (3) contract years and each of the two (2) option years at its discretion.

Any agency fees, commissions or production costs for which the contractor may become liable as a result of sale of the advertising space contemplated by this solicitation shall be the responsibility of the contractor, and shall not be deducted from the guaranteed payments due GO Transit.

In the event that GO Transit reduces the number of buses in its fleet by more than 10%, or cause the available advertising space to be reduced by more than 10%, then the monthly guaranteed amount paid by the awarded Contractor will be adjusted by the same amount.

Residual Advertising

Bus advertising contracted for and installed by GO Transit’s current bus advertising Contractor shall be referred to as residual advertising. The awarded Contractor shall be required to fulfill existing contracts.

Assignment of Contracts

All advertising contracts generated through this revenue agreement shall be deemed to be assigned to GO Transit if the revenue agreement with GO Transit is terminated or upon the natural expiration of its terms with any further action required and all such assigned advertising contracts shall become the property of GO Transit. The Contractor shall provide GO Transit, or GO Transit’s designee, with all advertising materials related to the assigned advertising contracts.

Material

The vinyl material used for the direct application advertisements shall be selected for ease of application and removal, durability, and readability. Other materials may be used upon approval by GO Transit.

Full and partial bus wraps with ad material that covers bus windows must be designed to allow passengers to see outside of the bus.

GO Transit uses interior bus ad cards printed on .03 styrene plastic. GO Transit prefers this material or an approved equal for all future interior ad cards.

City of Oshkosh – Department of Transportation Page 7

Installation & Removal

The Contractor is solely responsible for all labor and expense of application and removal of each advertisement and, if any damage occurs as a result of decal or card removal, for restoring the buses to their original condition, including repainting and reapplying the GO Transit logo if necessary. If any advertisement is damaged for any reason, including but not limited to accident, vandalism, or routine washing, the Contractor shall be responsible for all labor and expense in performing touch-ups or repairs.

GO Transit at its sole option, may direct the Contractor to complete the work or make the necessary repairs to advertisements at the Contractor’s expense.

Advertisements displayed by the Contractor with dated content shall be removed by the end of the month in which the material expires.

Contractor’s signs, posters, card frames and other items affixed to GO Transit buses shall not interfere with the normal operation, safety, or routine maintenance of said buses.

The Contractor must maintain a record of all interior and exterior advertising posted and removed by bus number.

Advertising Policy

GO Transit’s advertising policy defines permitted and prohibited advertising under this agreement. A copy of the current advertising policy can be obtained by emailing Steve Tomasik at stomasik@ci.oshkosh.wi.us .

Insurance

The Contractor shall not commence work under this agreement until it has obtained all insurance required under Appendix 4. Evidence of this insurance coverage shall be furnished to GO Transit in the form of a certificate of insurance within the submitted proposal.

Payments to GO Transit

It shall be the responsibility of the Contractor to collect and retain all money and compensation paid or agreed to be paid by third parties for any and all advertising on GO

Transit buses.

Monthly reports and payments shall be forwarded within fifteen (15) days after the end of each month to:

GO Transit

926 Dempsey Trail

Oshkosh, WI 54902 mailto:stomasik@ci.oshkosh.wi.us

City of Oshkosh – Department of Transportation Page 8

At a minimum, monthly reports shall contain each advertiser account:

Name

Gross revenue

Percentage due GO Transit

Totals by category

Public Records

The Contractor’s proposal, agreement with the City of Oshkosh, and all agreements with advertisers are public records under Wisconsin Statutes and shall be maintained and provided when requested.

Audits

The Contractor shall make financial and operating records available to State, Federal, County and City auditors in order to comply with program audit requirements. Accounting records and other related financial books and records shall be subject to an audit as directed by GO Transit. Such audit shall be completed at Contractor’s expense and delivered to GO Transit no later than 150 days after the end of Provider’s fiscal year.

City of Oshkosh – Department of Transportation Page 9

PART D - RESPONSIBILITIES OF GO TRANSIT

Contract Administrator

GO Transit’s Transit Operations Manager shall act as contract administrator with respect to the work performed under this contract.

Maintenance Data

GO Transit will notify the contractor when a bus is deadlined for unscheduled maintenance and will be out of service for an extended period of time.

Scheduling for Ad Installation

Installation and removal of ads will be expected to be completed at GO Transit’s garage located at 926 Dempsey Trail, Oshkosh, WI 54902, unless another location is necessary upon approval of GO Transit. GO Transit has the ability to hold in the garage a maximum of five (5) buses per day for installation of ads. Unforeseen mechanical issues can impact bus availability. The Contractor is required to provide GO Transit a minimum of a 24-hour advance notice to schedule ad installations.

The Contractor shall complete all advertising installation work in an expeditious manner, and shall not keep any bus out of service more than 2 hours, except for the installation of full bus wraps. The Contractor may keep a bus out of service for no more than two (2) days to install a full bus wrap advertisement.

The Contractor shall have access to buses during normal operating hours (6:30 am – 5:30 pm, M-F). The Contractor’s installers must check in with GO Transit supervisory staff prior to servicing bus advertisements.

If needed, GO Transit can install interior ad cards after ads have been delivered to GO Transit.

City of Oshkosh – Department of Transportation Page 10

PART E – ADDITIONAL SERVICES

Creative Support

GO Transit prefers a Contractor that can provide free creative design assistance and ad layout for interior and exterior ads placed by GO Transit.

City of Oshkosh – Department of Transportation Page 11

PART F – PROPOSAL REQUIREMENTS AND SUBMITTAL

INSTRUCTION

General Information

All proposals, sealed and marked “PROPOSAL FOR BUS ADVERTISING SERVICES”, must be received by the City Clerk, 215 Church Avenue, Oshkosh, WI 54901 DUE NO LATER THAN 10:00 AM, TUESDAY, MARCH 21, 2023. Any proposal received after this time will not be considered. Each proposal shall remain open for a period of 60 days from the date of the proposal opening.

Proposers must submit, in a sealed package, one original (identified) plus 2 copies of all materials required for acceptance of their proposal on or before the submittal deadline.

Proposals may be withdrawn prior to the date/time set for proposal opening. Proposals may be modified or withdrawn by the proposer’s authorized representative in person, or by written notice. If proposals are modified or withdrawn in person, the authorized representative shall make his identity known and shall sign a receipt for the proposal.

Written notices shall be received in the office where proposal was submitted no later than the exact date/time for proposal opening.

Award of the contract shall be made to the most responsive and responsible proposer whose proposal meets the specifications and is most advantageous to the City of Oshkosh.

Proposed Schedule

The following schedule provides information on events and deadlines for this proposal.

*In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or supplements will only be provided to all known recipients of this initial RFP. To ensure all supplemental information (if available) regarding the initial RFP is shared, interested parties should email their contact info to Jon Urben at jurben@ci.oshkosh.wi.us by 4:30 p.m. on March 2, 2023.

The City of Oshkosh reserves the right to reject any or all proposals, to waive any informalities in the process, or to accept any proposal deemed in the best interests of the City of Oshkosh.

RFP Issued February 23, 2023

Last day for submitting written questions March 3, 2023

Email amendments to proposers, which includes answers to all questions submitted, supplements and/or revisions to RFP*

By March 10, 2023

Proposal submittal deadline 10:00 a.m., March 21, 2023

Anticipated contract award and start date April, 2023 mailto:jurben@ci.oshkosh.wi.us

City of Oshkosh – Department of Transportation Page 12

Proposal Selection

The proposals will be initially reviewed to determine if mandatory requirements are met.

Failure to meet mandatory requirements may result in the proposal being rejected.

Based on the evaluation of the written proposal, additional information may be required to clarify or confirm proposal information. Additional information obtained may be of any or all of the following: proposer interviews, reference reviews, and proposer presentation/demonstration.

If additional information is needed, GO Transit will make every reasonable attempt for scheduling at a time and location that is agreeable to the proposer. Failure of a proposer to fulfill or accommodate additional information requests may result in rejection of that proposer’s proposal.

Evaluation Criteria

The following criteria are listed in priority order and will be followed to evaluate the information submitted in each proposal:

1. Revenue

Both the proposed percentage payment and proposed guaranteed minimum monthly payment will be evaluated.

2. Professional Competence & Experience

The extent to which the firm has demonstrated competence in performing similar work and/or the extent of former client/customer satisfaction. The extent to which the firm has personnel with the necessary experience and technical skills to perform the work.

3. Overall Methodology

The extent to which the firm’s strategy maximizes sales and revenue throughout the term of the agreement.

4. Proposal

The extent to which the firm’s proposal is organized, complete, and demonstrates a thorough understanding of the service described in this RFP.

Elaborate proposals beyond that sufficient to present a complete and effective proposal, are not necessary or desired.

If only one proposal is received in response to the request for proposals, additional information may be requested of the single proposer to determine if the revenue proposed is fair and reasonable or if a negotiation is required.

City of Oshkosh – Department of Transportation Page 13

Protest Procedure

Protests to any sealed bid or bid award recommended by the Purchasing Authority or his or her designee may be made by any bidder as listed in subsection (1) and (2) of Section 12-10(A)(5)(3) of the Oshkosh Municipal Code found on the City of Oshkosh website www.ci.oshkosh.wi.us.

Mandatory Proposal Requirements

The following format includes the mandatory forms and documentation for the preparation and submittal of proposals.

Proposals should include the specified elements below to aid in evaluation:

a. Transmittal/Cover Letter containing the statement of performance verification criteria listed below and signed by an authorized officer of the responding organization.

1) The information contained in this submission is accurate and complete as of the date of submission.

2) The responding organization understands and is willing to comply with all contractual requirements.

b. Proposal Response Requirements

c. Revenue Proposal Form

d. Amendments/Addendums (if any)

e. Certifications:

1) Compliance with Contractor Requirements

2) Non-Collusion Bidding Certification

3) Contractor Certification Regarding Compliance with FTA Requirements

4) Government Wide Debarment and Suspension Certification

5) Certificate of Liability Insurance (see sample in Appendix 4) http://www.ci.oshkosh.wi.us/

City of Oshkosh – Department of Transportation Page 14

Proposal Response Requirements

Proposers shall answer the following with their proposal response. Each proposal shall limit their proposal to these elements and maintain the same order in their response.

1) Name of Organization

a. Business Address, Telephone Number, and Email address

2) Legal status of Organization

a. Sole proprietor, For-profit corporation or joint venture corporation, For-profit partnership, Non-profit corporation, Public agency, or Other (Identify)

3) Name of Chief Executive Officer (or Administrator) of Organization

4) Name of individual designated to represent organization in subsequent discussions or negotiations related to this solicitation

a. Name, Title, Telephone Number, & Email address

5) Describe the major business functions or activities of your organization

6) List three (3) references that most related to the services requested in this RFP.

For each reference, include contact info, years of experience and type of work.

GO Transit may check references outside of the submitted list.

7) Have any of your contracts been canceled or suspended due to inability to comply with the terms of the agreements? If yes, describe why each agreement was canceled or suspended.

8) Provide the ad sales strategy to be used under this contract that will maximize revenue for GO Transit. The strategy should not be more than one (1) page in length.

9) Provide a discussion that identifies each staff member assigned to the contract.

Include experience, qualifications, and responsibilities. Identify which person will be GO Transit’s main contact for the service provided under the contract. Include a resume for the main contact.

10) What ad material will be used (exterior and interior ads)? Will subcontractors or proposer staff perform the ad installation and removal work?

11) Briefly describe any additional information that you believe may be relevant to the evaluation of your organization’s proposal. The response may include information regarding the “Optional Future Advertising Space” and “Additional Services” listed in this RFP.

City of Oshkosh – Department of Transportation Page 15

Revenue Proposal Form

The proposer may recreate the form below, but must maintain the same required content in the same order.

Company Name: _______________________________________________

Proposed revenue to GO Transit is as follows:

2023 2024 2025 2026

(option year)

(option year)

Guaranteed Minimum Monthly Payment to GO Transit

Percentage of Gross Sales

I certify that all the information in this revenue proposal for bus advertising services is true and accurate.

Name (type or print) Title

Signature Date

City of Oshkosh – Department of Transportation Page 16

Compliance with Contractor Requirements Certification

(Proposer certifies)

The proposer hereby certifies that it will comply with the contractor requirements issued by GO Transit in this RFP. The proposer warrants and certifies that of the following three paragraphs, paragraph A or B or C is true ( check one):

A. ________ The proposer hereby states that it will comply with the requirements in all areas. (This means that there are no exceptions to the requirements, no matter how minor. If you have any doubts, check paragraph C or call the procuring agency for assistance.)

B. ________ The proposer hereby states that it will comply with the requirements in all areas except those where requests for clarification were approved prior to bid submission.

C. ________ The proposer hereby states that it will comply with the requirements in all areas except those noted on the attached page. The proposer understands that those exceptions to the specifications may be considered non-responsive, and may be rejected.

________________________________Signature of Contractor’s Authorized Official

________________________________ Name and Title of Contractor’s Authorized Official

________________________________ Date

City of Oshkosh – Department of Transportation Page 17

NON-COLLUSION BIDDING CERTIFICATION

By submission of this proposal, each Contractor and each person signing on behalf of the Contractor certifies, and in the case of a joint proposal, each party certifies as to its own organization, under penalty of perjury, that to the best of knowledge and behalf:

1. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition as to any other matter relating to such prices with any other proposer or with any other competitor.

2. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Contractor and will not knowingly be disclosed by the Contractor prior to opening, directly or indirectly, to any other proposer or to any competitor; and,

3. No attempt has been made or will be made by the Contractor to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.

__________________________ Signature of Contractor’s Authorized Official

__________________________ Name and Title of Contractor’s Authorized Official

___________________________ Date

City of Oshkosh – Department of Transportation Page 18

Compliance With FTA Requirements Certification

49 CFR Part 18

The Contractor listed below hereby certifies that it 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 Federal Transit Administration (FTA) Master Agreement between the City of Oshkosh/GO Transit and the Federal Transit Administration, as they may be amended or promulgated from time to time during the term of this contract. The Contractor’s failure to so comply shall constitute a material breach of this contract.

__________________________ Signature of Contractor’s Authorized Official

__________________________ Name and Title of Contractor’s Authorized Official

__________________________ Date

City of Oshkosh – Department of Transportation Page 19

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION CERTIFICATION

2 CFR part 180

2 CFR part 1200

2 CFR § 200.213

2 CFR part 200 Appendix II (I) Executive Order 12549

Executive Order 12689

Instructions for Certification

1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the state of

Wisconsin may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the state of Wisconsin if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier, covered transaction, participant, persons, lower tier covered transaction, principal, proposal and voluntarily excluded, as used in this clause, have the meanings set out in the

Definitions and Coverage sections of rules implementing Executive Order 12549

[49 C.F.R. Part 29]. You may contact the State of Wisconsin for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this bid that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the state of Wisconsin.

6. The prospective lower tier participant further agrees by submitting this bid that it will include the clause title ―Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

City of Oshkosh – Department of Transportation Page 20

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-Procurement List issued by U.S. General

Service Administration.

8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause.

The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the state of Wisconsin may pursue available remedies including suspension and/or debarment.

“Certification Regarding Debarment, Suspension , Ineligibility and Voluntary

Exclusion – Lower Tier Covered Transaction ”

(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its principals [as defined at 49. C.F.R. § 29.105(p) ] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this bid.

Date:__________________________________________________________________

Signature: _________________________________________________________________

Company Name:__________________________________________________________

Title:__________________________________________________________________

City of Oshkosh – Department of Transportation Page 21

APPENDIX 1

CONTRACTOR AGREEMENT:

PROJECT NAME

CITY OF OSHKOSH

THIS AGREEMENT, made on the XXth day of MONTH, YEAR, by and between the CITY OF

OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONTRACTOR NAME, ADDRESS, CITY, ZIP, STATE, 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:

A. This Instrument

B. Proposal Solicitation

C. 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 II. PROJECT MANAGER

A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract:

(NAME, CONTRACTOR FIRM, TITLE)

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.

City of Oshkosh – Department of Transportation Page 22

ARTICLE III. CITY REPRESENTATIVE

The City shall assign the following individual to manage the project described in this contract:

(NAME, TITLE)

ARTICLE IV. SCOPE OF WORK

The Contractor shall provide the services described in the City’s (INVITATION FOR BID OR

REQUEST FOR QUOTATION) for the Project titled “PROJECT TITLE” dated MONTH, DATE, YEAR, and the contractor’s bid form and materials 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 VI. TIME OF COMPLETION

The work to be performed under this contract shall be completed by no later than MONTH, DATE, YEAR

OR:

The work to be performed under this contract shall be completed within XX days of the purchase order issued for this project.

Any changes to this completion date must be agreed upon by both parties in writing.

ARTICLE VII. PAYMENT

A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $XX,XXX.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto.

B. Fee schedules shall be firm for the duration of this Agreement.

City of Oshkosh – Department of Transportation Page 23

i. 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.

ii. 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. STANDARD PROVISIONS

The CONSULTANT agrees in all hiring or employment made possible by or resulting from this agreement, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

ARTICLE IX. 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 X. 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 XI. TERMINATION

C. 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.

D. 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

City of Oshkosh – Department of Transportation Page 24 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.

Signatures. By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized by the entity they are representing to bind their respective parties to the terms and conditions of this Agreement.

In the Presence of: CONTRACTOR /CONSULTANT

____________________________ By: _____________________________

(Seal of Contractor if a Corporation) (Specify Title)

By: _____________________________

(Specify Title)

By: _____________________________

_____________________________ Mark A. Rohloff, City Manager

(Witness)

_____________________________ And: _____________________________

(Witness) Pamela R. Ubrig, City Clerk

APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract.

City Attorney _______________________________

City Comptroller

City of Oshkosh – Department of Transportation Page 25

APPENDIX 2 – FEDERAL CONTRACT CLAUSES

The following clauses will be attached to the awarded proposer’s contract.

ACCESS TO RECORDS AND REPORTS

a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records.

b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. §

200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract in accordance with 2 CFR § 200.337.

d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

AMERICANS WITH DISABILITIES ACT (ADA)

The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, 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 persons with disabilities, including any subsequent amendments to that Act, and 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 persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

CIVIL RIGHTS LAWS AND REGULATIONS

The following Federal Civil Rights laws and regulations apply to all contracts.

1 Federal Equal Employment Opportunity (EEO) Requirements.These include, but are not limited to:

a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and

Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities

Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in

Programs or Activities Receiving Federal Financial Assistance,” 45

C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The

Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission

(EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42

U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

City of Oshkosh – Department of Transportation Page 26

Civil Rights and Equal Opportunity

The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C.

§ 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with 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, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. §

2000e et seq., 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. chapter 60, and Executive Order No.

11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. 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, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, 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.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621634, U.S. Equal Employment

Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age

Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part

90, and Federal transit law at 49…