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Valley School & Office Supply
AGREEMENT THIS AGREEMENT made and entered into this 6th day of June, 1986, by and between VALLEY SCHOOL & OFFICE SUPPLY , 237 S. Curtis Rd., West Allis, WI 53214 party of the first part, and the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, hereinafter referred to as the "City", and party of the second part. WITNESSETH: WHEREAS, the Common Council of the City of Oshkosh by reso- luton duly adopted on the 5th day of June, 1986, , accepted the bid of the first party and authorized and directed the proper City officials to enter into an agreement with the party of the first part for: Irving Seating for Grand Opera House according to the specifications and bid for same on file in the office of the City Clerk. NOW, THEREFORE, pursuant to said resolution of the Common Council of the City of Oshkosh, the parties hereto agree as follows: 1. That the party of the first part will furnish same to the City, all in accordance with the specifications and bid on file in the office of the City Clerk. 2. That no assignment of this agreement or of any rights thereunder by said party of the first part, shall be valid with-out the written consent of the City; and that this document including the specifications and bid, constitutes the entire agreement be- tween the parties hereto and that any understanding either oral or written, not a part hereof shall not be binding on either party. 3. That in consideration thereof, the City will pay to the first party the sum of $84,842.00 , upon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifications and bid. 1 June 30, 1986 Valley School & Office Supply 237 S. Curtis Rd. West Allis, WI 53214 Gentlemen: Enclosed please find your copy of the duly executed Agreement with the City of Oshkosh for seating for the Grand Opera House. Attached to the Agreements are copies of the wage rates and certain other federal forms which are incorporated into the document by virtue of the bid specifications. If you have any questions, please do not hesitate to advise. Yours truly, CITY OF OSHKOSH Warren P. Kraft Asst. City Attorney wpk:1z Enc. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be signed by the proper officers of each party and their corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a corporation or part- nership, the signing of this agreement shall constitute a warranty by the person(s) so signing the proper authority so to do. In the Presence of: VALLEY SCHOOL & OFFICE SUPPLY (246; 7�Jac,4- ?C�-� .. BY: a Signature of the sole pro- f n 0 0, 'Y.�o , 01 /10 0 pr ,ieto r, or name or corporation or •artnership f ,' " Ze44440- , --Rreside, or 'Partner i\ Af ri i it ' ' )( ,i/A ''"-} } r Secretary CITY OF •SHKOSH (1 k 1` ' _(,,\ l- NO BY: 4:14 .,__ William D. Frueh, City r � 7//,',4,/ And: /?,i.. 2./ .6i."d t. J/ ;jDonna C. Serwas, ,: City Clerk Appr ved as f execution: I hereby certify that the necessary provisions have Q---- - rm been made to pay the lia- Warren P. Kraft, bility that will accrue Asst. City Attorney under this Contract. EDWARD A NOKES, City Comptroller 2 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided setting forth the provisions of this non- discrimination clause. (2) The contractor will, in all solicitations or adver- tisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applications for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investiga- tion to ascertain compliance with such rules, regula- tions, and others. (6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or sus- pended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as other- wise provided by law. ................ .... .... .. . . PART L. EQUAL EMPLOYMENT OPPORTUNITY • A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.) During the performance of this contract, the contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Con- tractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 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 train- ing, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by Contracting Officer setting forth the provisions of this non- discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Equal Opportunity Clause (Executive Order 11246, as'amended, applicable to Federally assisted construction contracts and related subcontracts $10,000 and above.) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The con- tractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as Amended) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employ- ment Opportunity Construction Contract Specifications" sec forth herein. 2. The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: FEDERAL REGISTER - PUBLISHED SEPTEMBER 7, 1979 __ Goals for Minority Participation in Each Trade - .97. Goals for Female Participation in Each Trade - 6.97. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) per- formed in the covered area. The Contractor's compliance with the Executive Order and the regu- lations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action ob- ligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solici- tation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Com- pliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,00 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the Appleton-Oshkosh SMSA (including Winnebago and Outagamie Counties) . • (7) The contractor will include the provisions of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such pro- visions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litiga- tion with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litiga- tion to protect the interest of the United States. their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours-of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during,the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the -non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be/employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Con- tractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's • employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foreman, superinten- dents, and other on-site supervisory personnel • D. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) I. As used in these specifications: (a) "Covered area" means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly -- ------ Federal Tax Return, U.S. Treasury Department Form 941. (d) "Minority" includes: (1) Black (all persons having origins in any of _ the Black African racial groups not of `Hispanic origin) ; (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish Culture or origin, regardless of race) ; (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) ; and (4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solici- tations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in the covered area either individually or through an associa- tion, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accor- dance with that Plan for those trades which have unions parti- cipating in the Plan. Contractors must be able to demonstrate and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any respon- sibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory per- sonnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and main- tained identifying the time and place for these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contrac- tor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and writ- ten, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organiza- tions serving the-Contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women, and, where reasonable, provide after school, summer and vaca- tion employment to minority and female youth both on the site and in other areas of a Contractor's workforce. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for pro- - motional opportunities and encourage these employees to seek or to prepare for, through appropriate trianing, etc. , such opportunities. • are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment oppor- tunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referred from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contrac- tor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever addi- tional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority per- son or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7(b) above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any per- son because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Oppor- tunity Clause, including suspension, termination and cancella- tion of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implement- ing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these speci- fications, shall implement specific affirmative action steps, at least as extensive as those standards predescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Con- - tractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried_out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, appren- tice, trainee, helper, or laborer) , dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be main- tained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application or requirements for the hiring of local or ocher area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). ' (m) Ensure that seniority practices, job classifica- tions, work assignemnts and other personnel prac- tices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifi- cations are being carried out. (n) Ensure that all facilities and company activities are non-segregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associa- tions. (p) Conduct a review, at least annually, of all super- visor's adherence to and performance under the Con- tractor's EEO policies and affirmative action obliga- tions. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) through (p)). The efforts of a contractor asso- ciation, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) through (p) of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative ac- tion for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Con- tractor may be in violation of the Executive Order if a particu- lar group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Execu- tive Order if a specific minority group of women is underutilized) . E. Section 3 Clause All contractors will be required to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Contractors may be required to submit evidence documenting their compliance. benefits is anform able.Mat Ma Plan or program is Snweiagy raponuiblia IMPrentice.The allowable ratio of apprentices to journeymen on toe lob site and that the pain or program has been communicated in writing to me in any craft ciasa llt soon shall not be greater than the rano permitted to me laborers or mechanics aimed.and records which show the can enact- Contractor as to the entire work force under the registered program.Any pare or the actual cost incurred in providing suer benefit.Contactors worker listed on a payroll at an apprentice wage rate,who is not registered employing ipprendees or trainees under approved programs shall l maintain or otherwise empoyed as hard above.shW be paid not less tech the written evidence of the rag sb*bon of apprenticeship programs and tatfi- applicable` age rate on the wage detucminaDon for the classification of radon of trainee program.the regia kOf of the apprentices and trainees' work aaduady performed.In addlon.any apprentice performing work on 1. and the ratios and wage rata prescribed In the erailloable Programa to job site in excess a the ratio permitted under the registered program (Approved by the OM=of Muegemua and Budget under OMB Control shall be Paid net tees Man to applicable wage rate on the wags detsrmri- Number{1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing ' W(a)The contractor shed submit wieldy for each week in which any coreauceon an a project in a long*/other than that in which its program is ' contract work is performed a copy of ad payrolls to MVO or its designee it registered.the ratios and wage rats(expressed in percentages of the Mur- als agency is a Parry to me contract.but if Me agency is not such a party. neyman's hourly rate)specified in die contractors or subcontractors regia- the contractor will submit the payrolls to die applicant sponsor.or owner. tared program shad be observed.Every appreneocs must be paid at not as the case may bs for Pau on to MUD or its designee.The payrolls lees than the rate specified in the registered program for the apprentice's submitted shag set out aoarasuly and comptetay all of the information level of progress.expressed as a percentage of to journeymen hourly rate required to be maintained under 29 CFR Pert 5.S(a)(3!(i)•This information specified in the applicable wage derrtninaOOn.Apprentice shall be paid may be submitted in any form desired.Optional Fame W1f-04T is available fringe benefits in accordance with the provisions of the apprenticeship for ails purpose and may be purdhssed from the Supuintandem a Dom- program.If the apprenticeship program does not specify fringe benefits, mums(Federal Stock Number 029.006.00014.1).U.S.Goremmant Printing apprentices must be paid Coe Ail amount at binge benefits listed on die OMke.Washingttrt DC.20402.The prime contractor is responsible for die wage detan+ination for the applicable ciassificatian.if the Adntinisaatar submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for.tae*noticed*apprentice • OMtce of Management and Budget under OMB Coned Number riaasike aeon.fringes shell be paid in accordance with that determination.In 1215.01494 the event the Bureau at Apprentiate uip and Training,or a State Appren- (b)Each payroll submitted shad be accompellied by a-Statement of trphip Agana/recognized by the Bureau.withdraws approval of an - Comphana.'signed by the contactor or subcontractor or his or her agent apprenticeship program.the contractor will no longer be permitted to utilize who pays or supervises to payment of the parsons employed under the apPren0Cee at lees than the saiiabte prodetennined rate tar the work comma and shad certify the following: Performed urea an acceptable program is approved. (1)That Cie Payroll for toe payroll period contains die information (il)Trainee..Except as Provided in 29 CFR 5.15,trainees will not be required to be maintained under 29 CFR Put 5.5=MO and that such permitted to wont at less dean die predeannined rays for the work pr- infomhakOn is coned arc c ompfsac formed unesss they are employed pursuant to and individual/registered in (2)That each laborer or mechanic(including each helper. a program which has received Prior approval.evidenced by tomb cared- apprenticce.and trainee)employed on to contract during the payroll period cation by the U.S Oepartrnem of Labor.Employment and Training Admini- has been paid the lull weekly wages earned.without rebel&either directly station.The ratio of names to journeymen on the job tae shall not be or indirectly.and that no deductons have been made sitter directly or indi- greater than permitted under the plan approved by tie Employment and randy from the full wages earned other ten pamtiasable deduction*as set Training Administration.Every trainee must be Paid at net less man the rate forth in 29 CFR Part 3: specified in the approved program for the trainee's level of progress. (3)That each laborer or mechanic has been pad not less than the expressed as a percentage of the jaxrneyman hourly rim wedded in the applicants wage rams and fringe benefits or cash equivalents for tae dal- applicable wage determination.Trainees shag be paid fringe benefits in sieaeon of wart performed.as specified in die applicable wage determine- accordance with die provieiora of the trainee program.if the tames ora- tion incorporated IMO to contract gram does not mention fringe benefits.trainee shall be paid the full (a)The weeldy submission of a property executed amiticatein set amount of fringe benefits listed on the wage det nninetton unless the form on the reverse aide of Optima Fonts Wit-34T shag satisfy the Administrator of the Wage and Hour Division determines that there is an requirement for submission of the-Statement of Campttance"required by apprenticeship program associated with die corresponding journeyman paragraph A.3.01)(b)of this sactaiL wage rate on the wage determination which provides for tees than full (d)The faaifadon of any of the above cartfications may subject the fringe benefits for apprentices.Any employee listed on the Payroll at a - contactor or subcontractor to dog or aaiininal prosecution under Section trainee rate who is not registered and participating in a Fading plan 1001 of Title IS and Section 231 of Ma 31 a tie United States Cods approved by die Employment and Training Administration shall be paid not (q The coma=or allacnntractar snail make die records required less tan the applicable wage tea on Me wage determination for the work under paragraph A341)!!!!!section available for inspection.cowling-or a y Performed.In addition,any trainee performing work on the job site transcription by authorized representatives of MUD or its designee or Me in excess of the ratio pemmeed under Me registered program shall be paid Department of Labor.and shad permit such represe+adves to interview not less than toe appgeabie wage rate on the wage determination for the employees during waiting hours on the job.If die contracoor or submit- work actually performed.in the event the Employment and Training Admin- traaor tails to submit the required records or to make diem available.HUD isaabon withdraws approval or a training Program.the contractor will no or its designee may,alter written nonce to die contractor.sponsor.appli- longer be permitted to utilize Valises at less than the applicable predeter- mined cant or owner,take such action as may be necessary to cause has sus. mined rate for toe work performed until an acceptable program is pension of any further payment advance.or guarantee of funds Further- approYea The utilization of apprentictes more.failure to submit the required records upon request or to make such (B)Equal opportunity. with ts. records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conformity equal employment opportunity requirements of Executive Order 11246.as CFR Pan pre amended.and 29 CFR Part 30. 4,m Apprentices and Trainees.Apprentice,.Apprentices will be Per- 5.Cott mce with Copeland Act requirements.The contractor shall meted to work at lass elan the d pursuant to rate for the work gi t Perin a comply with toe rem d 29 CFR Part 3 which are incorporated by formed when they are Mmnpoyed pursuant tD and individually registered bona fide apprenticeship program registered with die U.S Department of reference in this contact labor.Empioyment and Training Administanext Buren of Apprenticeship S.Subcontract&The contractor or subcontractor will insert in any sub- and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate inst ructions Bureau. a it a person is emplon such the subcontractors to include these amploymant as an apprentice in such an apprenticeship Program who is rsauirs and also a coarse requiring not inaiv idualiy registered in the program.but who has been certified by the clauses in any lower tier subcontracts The prime contractor snail be Bureau of Aoprermce hnio and Training or a state Apprenticeemo Agency responsible far the compliance by any subcontractor or lower tier suocan- ;where appropnatm to be eligible for probationary employment as an tractor with ail the canaact causes in 29 CFR Part 5.5. HUD-l.010(2841 Federal Labor Standards Provisions u.s. D•o•rtrm«he of Housing AS and Urban Deveiopmtnt el A etieabnM The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions.including to views of ad contract pertain!is being assisted by the United States of America and the interested parties and the recommendation of HUO or its designee.to the following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator.or an authorized repro- pursuant to the provisions applicable to such Federal assistance. sentetive.will issue a determination within 30 days of receipt and so advise A.1.(1)Minimum Waged.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man- 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the project).will be plaid unconditionally and not less often than once a (d)The wage rata(including fringe benefits where appropriate) week.and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1 Xb)or(q at this paragraph.shall such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con- Secretery of Labor under the Copeland Act(29 CFR Part 3).the full amount tract from the first day on which work is performed in the classification. of wages and bona fide hinge benefits(or cash equivalents thereof)due at (8t)Whenever the minimum wage rate prescribed in the contract for a time of payment computed at rates not less tern three confined in the class of laborers or mechanics includes a fringe benefit which is not wage determination at the Secretary of Labor which is attached hereto and expressed as an hourly rate.the contractor shad either pay the benefit as made a part heroot regardless of any contractima relationship which may stated in the wage determination or shad pay another bona fide fringe be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof. mechanics.Contributions made or costs reasonably anticipated for bona (Iv)If the contractor does not make fife hinge benefits under Section 1(b►(2)of the Davis-Bacon Act on behalf payments w to a eof trustee or other third of laborers«rnechhinlca are considered person,the contactor may consider as part of the wages of any leborer cr wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing mechanics.subject to the provisions of 29 CFR3.5(a)(1)(iv) also,regular bona fide fringe benefits under a plan or program.Provided.That the contributions made or costs incurred for more than a weeldy period(but Secretary of Labor has found.upon die written request of the contractor. not less often than quarterly)under plans`funds.or programs,which cover that the applicable standards of the Davis-Bacon Act have been met.The the particular weekly period,are deemed to be constructively made or Secretary of labor may require the contractor to set aside in a separate incurred during such weeldy period. account assets for the meeting of obligations under the plan or program. Such laborers and mechanics shell be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control and fringe benefits on the wage determination for the classification of work Number 1215-0140.) ahlually performed.without regard to skill.except as provided In 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon Part 5.5(a)(4).Laborers or mechanics performing work in more than one wanton request of an authorized representative of the Department of labor classification may be compensated at the rate specified for each classifies- withhold or cause to be withheld from the contractor under this contract or ton for the time actually worked therein Provided.That the employees pay- any other Federal contract with the same prime contractor,or any other roll records accurately set forth the time spent in each classification in Federally-assisted contract subject to Davis-Bacon prevailing wage which work is performed.The wage determination(including any additional requitement!,which is held by the same prime contractor so much of the classification and wage rates conformed under 29 CFR Pert 5.5(a)(1)00 and accrued payments or advances as may be considered necessary to pay the Davis-Bacon poster(WH-1321)shall be posted at ad times by the con- laborers and mechanics.including apprentices.trainees and helpers. tractor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages accessible place where it can be essay seen by the workers. required by the contract In the event of failure to pay any laborer or (e)(a)Any class of laborers or mechanics which is not listed in the mechanic.including any apprentice,trainee or helper,employed or working wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or be classified in conformance with the wage determination.HUO shall under the Housing Act of 1949 in the construction or development of the approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contract HUD or its desig- therefore only when die following criteria have been met nee may.after written notice to the contractor,sponsor,applicant or owner. (1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any performed by a classification in the wage datenninatian;and heater payment,advance,or guarantee of funds until such violations have (2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contractor,dis- industm and bums such amounts withheld for and on account of the contactor or sub- (3)The proposed wage rate.including any bona tide hinge bane- contractor to the respective employees to whom they are due.The Comp- it,bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct wage determination. Oavle-Bacon Act contracts (b)If the contractor and the laborers and mechanics to be employed 3.(1)Payrolls and basic records.Payrolls and basic records refitting in the dassalcation(if known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States taken shat be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937.or under the Housing Act of 1949.in the construction and Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall contain the name. of Labor.Washington.D.C.20210.The Administrator,or an authorized address.and social security number of each such worker.his or her cot- representative.will approve.modify,or disapprove every additional ctassifi- rest classification,hourly rates of wages paid(including rates of contribu- cat on action within 30 days of receipt and so advise HUD or its designee dons or coats anticipated for bona fide fringe benefits or cash equivalents or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(B)of the Davis-b...con Act time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked.deductions made and actual under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor nos found under 29 CFR 5.5 (c)In the event the contractor.the laborers or mechanics to be (a)(1)(iv)that the wages of any laborer or mechanic include the amount of employed in the classification or their representatives.and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro- designee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2X8)of the Davis-Bacon Act the contractor (including the amount designated for fringe benefits,where appropriate), shall maintain records which show that the commitment to provide such Previous Edition is Obsolete HUO-4010(284) (H3 1344.11 • 7.Crary to tens inodsc debarment A breach of the contact clauses in pensadon at a rate not less than one and one-half times the basic rata of 29 CFR 5.5 may be grounds for termination of the contract.and for debar- Pay for all hours worked in excess of eight hews in any calendar daY or in ment as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek.whichever is greater. 8.Competes*with Osv*Bacon and Misted Ad Requirement.Ad rul- (2)Violation;Ilabaty for unpaid wages:liquidated damages In ifte ings and inarpnWions of the Davis-Bacon and Related Ads contained in event of any violation of the clause set forth in subparagraph(1)of this 29 CFR Parts 1.3.and Sane herein incorporated by reference in this paagraph.the contractor and any subcontractor responsible therefor shall contact. be liable for the unpaid wages.In addition.such contractor and subcon- 8.pleput s cenearrbug labor standards Disputes arising out of the labor Vector shall be liable to the United States(tin the case of work done under standards provisions of this contact shad not be subject to the general contact for the District of Columbia or a territory,to such District or to such disputes pause of this contact Such disputes snap be resolved in scoot- territory).for liquidated damages.Such liquidated damages shall be com- dance with the procedures of the Department of Labor sat forth in 29 CFR ;sited with respect to each individual taborer or mechanic.including Parts 5.6.and 7.Disputes within the meaning of this disuse include dis- watchmen and guards,employed in violation of the clause set forth in sub- pubis between the contractor(or any of its subcontractors)and MUD or its paragraph(1)of this paragraph.in the sum of 510 for each calendar day on designee.the U.S.Department of tabor or the employees or their which such individual was required or permitted to work in excess of eight representatives hours or in excess of the standard workweek of forty hours without pay- 10.0)Certltleatlon of Eggibeity.By entering into this contract,the con- ment of the overtime wages required by the clause set forth in subpara- tractor exrsfies that neither it(nor he or she)nor any person or firm who graph(1)oft and HUD or its has an interest in the contractors firm is a person or Ilan ineligible to be for unpaid wages liquidated damages awarded Government contracts by virtue of Section 3(a)of the Davis- designee shad upon its own action or upon written request of an autho- Baton Act or 29 CFR 5.12(a)(1)or to be awarded HUD contacts or pared- Azad representative of the Department of labor withhold or cause to be pate in HUD programs pursuant to 24 CFR Part 24. withheld.from any moneys payable on account of work performed by the (I)No Part at this contract shell be subcontracted to any person or Arm contractor or subcontractor under any such contract or any other Federal ineligible for award of a Government contract by virtu*of Section 3(a)of contact with tie same prime convect or any other Federally-assisted eon- the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Ad,which or participate in HUD programs pursuant to 24 CFR Pert 24. is held by the same prime contactor such sums as may be determined to (18)The penalty for making false staternertte is prescribed in the U.S. be nary to satisfy any liabilities at such contractor or subcontractor Criminal Code,18 U.S.C.1001.Ate.U.S.Crime'Code.Section for unpaid wages and liquidated damages as provided in the clause set 1010.Tide 18.U.S.C..-Federal Housing Adminieration transactions",pro- forth in subparagraph(2)of this paragrapt vides in part"Whoever.for the purpose of. . .inluenang in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any action of such Administration. . . makes,lifters or publishes any statement: wbcontactt the clauses sat forth in subparagraph(1)through(�theme knowing the same t o be f a l s e.f a l s e. . shad be fined not more than$5.000 or paragraph and also a clause requiring tine subcontractors to imprisoned not more than two years.or both." clauses in any lower tier subcontract.The prime cone shall be 11.Complaints,Preceedinge.or Tosemenj by Etepisyees.No laborer or reeporsible for compliance by any subcontractor or lower tier subcontrac- me panic to whom the wage.salary,or other labor Menderds provisions of for with tie cruises set forth in subparagraphs(1)through(4)of this this Contract are applicable shed be discharged or in any other manner paragraph. diactiminated against by the Contractor or any subcontractor because such C.Health and Safety employee has flied any complaint or instituted or caused to be instituted (1)Na laborer or mechanic shall be required to work in surroundings any proceeding or has testified or is about to tartly in any proceeding or under working conditions which are unsanitary.hazardous.or danger. under or relating to the labor standards applicable under this Contract to ow to his health and safety as determined under construction safety and his employer. health standards promulgated by the Secretary of tabor by regulation. B Contract Work Hours and Safely Standards Act As used in this Para- (2)The Contractor shall comply with all regulations issued by the graph.the terms laborers"and"mechanics"include watchmen and Secretary of labor pursuant to Title 29 Part 1926(formerly part 1518)and guards. failure to comply may result in imposition of sanctions pursuant to the Con- (1)OvaUae requiemenw•No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91.54,83 Scat 9et for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Amide in every ment of laborers or mechanics shad require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor. mechanic in any workweek in which he or she is employed on such work The Contractor shalt take such action with respect to any subcontract as to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor hours in such workweek unless such laborer or mechanic receives can- shad direct as a means of enforcing such provisions HUO-4010(2.841 • WR/8 REV. 5-23-86 8133/79005 Phase V-A 7= 1 0 n C n O 7174 v U_ C_ N - ■ 4. 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A f n - Lc=q € Ai"P s; EE, C3Y THE P -1CIES eELOMY. The McClone Agency 59 Racine Street COMPANIES AFFORDING COVERAGE Menasha, WI 54952 OmANY A Pacific Employers LETE,R COMPANY B Aetna Insuranc: ompany LETTER INSURED I COMPANY C 1 LETTER ► Valley School & Office Suppliers, Inc. COMPANY D AO 1000 N. Bluemound Dr. I LETTER J P.O. Box 1579 –—_ 3/Oh I COMPANY E 6 Appleton, WI 54913-1579 ; LETTER COVERAG S • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB. •, �! •OLICY - RIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC THI- CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER' CL -IONS,AND CONDI- TIONS OF SUCH POLICIES. -- ------ — POUCY EFFECTIVE POLICY EXPIRATION — LIABILITY LIMITS IN THOUSANDS CO TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/Y`) DATE IMMIDD/YY1 LTR OCL ARENCE AGGREGATE — — — - — GENERAL LIABILITY BODILY A x COMPREHENSIVE FORM WDPD13319534 12/31/85 12/31/86 INJURY $ $ X PREMISES/OPERATIONS PROPERTY UNDERGRO DAMAGE $ $ x EXPLOSION U&DCOLLAPSE HAZARD x PRODUCTS/COMPLETED OPERATIONS $500 500 Ix CONTRACTUAL Ix INDEPENDENT CONTRACTORS r I IX BROAD FORM PROPERTY DAMAGE PERSONAL INJURY $ 500 x PERSONAL INJURY — — — — — i! MI'Y - 1 ' fi I AUTOMOBILE LIABILITY I INJURA I PER PERSON) $ A Ix AL Y L OWED AUTOS(PRIV PASS I WDPD13319534 12/31/85 12/31/86 I,,,D, INdNR,, x ALL OWNED AUTOS(OTHER THA N) I I I PER ACCIDENT $ [x HIRED AUTOS PROPERTY I$ I DAMAGE --'-- !x—I NON OWNED AUTOS Eil&F'D I GARAGE LIABII IT I COMBINED LS 500 00 I Ix uM9 ULG04590624 , 12/31/85 i 12/31/86 I COMB) , EXCESS LIABILITY OMBiNEO I$1,000 !$1,000 ntRELiA sOR+'! ' I 1 OTHER THAN UMBRELLA FORM L__� WORKERS' COMPENSATION C25068750 12/31/85 12/31/86 i 7$ 1Q_O_ 'EACH ACCIDENT; I A ' AND $ 500 (DISEASE PDLCY LIMIT' ' EMPLOYERS LIABILITY I �$ 100 ,DISEASE (,H EMPLOYEE■ OTHER i DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CE- C' ` • ' - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- The Clty of Oshkosh PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 215 Church Avenue MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Oshkosh, WI 54901 OF ANY KIND UPON THE COMPANY, ITS AG>E OR REP_R_ESENTATIVES. AUTHORIZED REPRESENTATIVE _ d ic., ACORD 25(8184) © UR/ACORD CORPORATION 198