HomeMy WebLinkAboutPW CNT 89-26/Northeast Asphalt, Inc CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 8th day of September, 1989„ by
and between the CITY OF OSHKOSH, party of the first part,
hereinafter referred to as the CITY, and NORTHEAST ASPHALT, INC.
of P.O. Box 1513 , Fond du Lac, WI 54936-1513 , party of the
second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the consid-
eration hereinafter named, agree as follows:
ARTICLE I. SCOPE OF WORK
The Contractor hereby agrees to furnish all of the materials and
all of the equipment and labor necessary, and to perform all of the
work shown on the plans and described in the specifications for the
project entitled or described as follows:
Public Works Contract No. 89-26
for work for Walkway East project for Public Works Department ,
pursuant to Resolution 265 adopted by the Common Council of the City
of Oshkosh on 7th day of September, 1989 ,
all in accordance and in strict compliance with the Contractor's
proposal and the other contract documents referred to in ARTICLE V of
this contract.
ARTICLE II. TIME OF COMPLETION
The work to be performed under this contract shall be commenced
and the work completed within the time limits specified in the General
Conditions and/or Contractor's proposal .
ARTICLE III. PAYMENT
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the con-
tract the sum of $64, 602 . 00, adjusted by any changes as provided in
the General Conditions, or any changes hereafter mutually agreed upon
1
in writing and by
the parties hereto, provided, however, in the event the
proposal and contract documents are on a ,tUand thecCityashal the above
l, in such
mentioned figure is an estimated figure,
cases, pay to the Contractor for the performance of the contract the
f work
amounts determined for 1proposal; thecnumberhofuunitsotherein
contained is approximate only,
as set forth an n the Contractor's and the final payment shall be made for
the actual number of contract.
that trareincorporated in or made necessary
by the work covered by the
(b) Progress Payments.
In the event the tiarenreedtothey complete
shallthis
madetaccordinguto tthe
progress payments required,
provisions set forth in the General Conditions.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City
of Oshkosh harmless against all actions, claims and demands by any
kind or digging woftstreets�,halleysyornpublicagrounds or which may
result omgthe P carelessness or neglect of said Contractor,
result from the faulty,
his agents, employees or workmen in the performance of said work or
caused by the violation of any City ordinance, and shall refunndytosthe
City all sums which it may be obliged or adjudged to pay on
claims or demands within a reasonable time after demand thereof.
ARTICLE V. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of
which are as fully a part of this contract as if herein set out
verbatim, or if not attached, as if hereto attached:
1. General Conditions
2 . Advertisement for Bids
3 . Instructions to Bidders
4 . Appendix A to this instrument
5. Specifications, including any addenda
6. Plans
7 . Contractor's Proposal
8. This Instrument
In the event that any provision in any
oofsithe above
comcomponent
parts of this contract conflicts with any p in any
the component parts, the provision in the component part first enumer-
ated above shall govern over any other component part which follows it
numerically except as may be otherwise specifically stated.
IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Con-
tractor" wherever used in this contract means the party of the second
part and its/his/their legal representatives, successors and assigns.
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused
this contract to be sealed with its corporate seal and to be sub-
2
THE ST. PAUL
COMPANIES
,
--`: } ST. PAUL FIRE AND MARINE INSURANCE COMPANY
s...;c r. •ro..e m...ae....r..a m.<�on
ST. PAUL, MINNESOTA
A CAPITAL STOCK COMPANY
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 Feb., 1970 Edition
KNOW ALL MEN BY THESE PRESENTS: That Northeast Asphalt, Inc.
P.O. Box 1513, Fond du Lac, WI 54936-1513
(Here insert the name and address or legal title of the Contractor)
as Principal,hereinafter called Contractor,and,ST.PAUL FIRE AND MARINE INSURANCE COMPANY,a corporation
organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety,
hereinafter called Surety, are held and firmly bound unto
the City of Oshkosh, P.O. Box 1130, Oshkosh, WI 54902-1130
(Here insert the name and address or legal title of the Owner)
as Obligee,hereinafter called Owner, in the amount of
Sixty-four thousand six hundred two and no/100 64,602.00
Dollars ($ ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated September 8 19 89
entered into a contract with Owner for work for Walkway East project for Publ i c Works Department,
.8*ryAgillgrEgigA4tion 265 adopted by the Common Council of the Ci ty____of Oshkosb._.oh 7th___d,y
in acco dance with drawings and specifications prepared by_the.._C1 ty.-Qf._.QshkQSh_,___P,_0_-___Box__11_ Q_,
-Qshkosh,. WI 54902-1130
(Here insert full name,title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,
then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of succession of defaults under the contract or contracts of completion
time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of com-
pletion less the balance of the contract price;but not exceeding,including
Whenever Contractor shall be, and declared by Owner to be in
other costs and damages for which the Surety may be liable hereunder,
default under the Contract, the Owner having performed Owner's the amount set forth in the first paragraph hereof. The term "balance
obligations thereunder, the Surety may promptly remedy the default, of the contract price," as used in this paragraph, shall mean the total
or shall promptly amount payable by Owner to Contractor under the Contract and any
1) Complete the Contract in accordance with its terms and condi- amendments thereto, less the amount properly paid by Owner to Con-
tions, or tractor,
2) Obtain a bid or bids for completing the Contract in accordance Any suit under this bond must be instituted before the expiration
with its terms and conditions,and upon determination by Surety of the of two (2) years from the date on which final payment under the con-
lowest responsible bidder,or,if the Owner elects, upon determination tract falls due.
by the Owner and the Surety jointly of the lowest responsible bidder, No right of action shall accrue on this bond to or for the use of
arrange for a contract between such bidder and Owner,and make avail- any person or corporation other than the Owner named herein or the
able as Work progresses (even though there should be a default or a heirs, executors,administrators or successors of Owner.
8th September 89
Signed and sealed this day of A. D. 19
L t..--4,e.0.1,- �isr)hcJ1,J.ac .
�.� ,.:r
In the presence of: - .-.7 (Seal)
4. � -e I j�,� incipal)
A
3r v 1
(Witness) (Title)
St. Paul Fire and Marine Insurance Company (Seal)
a (Sure
ls- 1
{BY ' - 4)62'1-
(Witness) L (Attorney-in-fact)
Printed with permission of the American Institute of Architects
11761 PLB Rev. 2-70 Printed in U.S.A.
. .
THE ST.PAUL
COMPANIES
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
ST. PAUL, MINNESOTA
A CAPITAL STOCK COMPANY
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 Feb., 1970 Edition
The bond is issued simultaneously with another bond in favor of the
owner conditioned for the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS: That Northeast Asphalt, Inc.
P.O. Box 1513, Fond du Lac, WI 54936-1513
(Here insert the name and address or legal title of the Contractor)
as Principal, hereinafter called Principal, and, ST.PAUL FIRE AND MARINE INSURANCE COMPANY,a corporation
organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety,
hereinafter called Surety, are held and firmly bound unto
the City of Oshkosh, P.O. Box 1130, aahkaah,NI 54.902.-1130
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
sixty-four thousand six hundred two and no/100 Dollars ($ 64,602.00
),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS,Principal has by written agreement dated..._aePteMber.a 19 89
work for Walkway East project.fo.r..P.ublic...W.orks...flep.artment,.....
entered into a contract with Owner for
gwvagmtgrRe Ation 265 adopted by the Commsan_CDuncii_af_the_City_a_Oshkosh_on_7th_day
in agcoidance with i rawiiigs and specifications prepared by the City of Oshkosh.. P.0.. 13.ox.. 1130.,
Oshkosh, with 5 902-1130
(Here insert full name,title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall
be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the work or labor was done or performed. Such notice shall be served by
Principal or with a subcontractor of the Principal for labor, material, mailing the same by registered mail or certified mail, postage prepaid,
or both,used or reasonably required for use in the performance of the in an envelope addressed to the Principal, Owner or Surety, at any
contract, labor and material being construed to include that part of place where an office is regularly maintained for the transaction of
water, gas, power, light, heat, oil, gasoline,telephone service or rental business,or served in any manner in which legal process may be served
of equipment directly applicable to the Contract. in the state in which the aforesaid project is located, save that such
service need not be made by a public officer.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined, b) After the expiration of one (1)year following the date on which
who has not been paid in full before the expiration of a period of Principal ceased work on said Contract, it being understood, however,
ninety(90)days after the date on which the last of such claimant's work that if any limitation embodied in this bond is prohibited by any law
or labor was done or performed, or materials were furnished by such controlling the construction hereof such limitation shall be deemed to
claimant,may sue on this bond for the use of such claimant,prosecute be amended so as to be equal to the minimum period of limitation
the suit to final judgment for such sum or sums as may be justly due Permitted by such law.
claimant, and have execution thereon. The Owner shall not be liable c) Other than in a state court of competent jurisdiction in and for
for the payment of any costs or expenses of any such suit, the county or other political subdivision of the state in which the pro-
ject, or any part thereof, is situated, or in the United States District
3.No suit or action shall be commenced hereunder by any claimant:
Court for the district in which the project,or any part thereof,is situ-
a) Unless claimant, other than one having a direct contract with ated, and not elsewhere.
the Principal,shall have given written notice to any two of the following:
The Principal, the Owner, or the Surety above named, within ninety 4.The amount of this bond shall be reduced by and to the extent
(90) days after such claimant did or performed the last of the work or of any payment or payments made in good faith hereunder, inclusive
labor, or furnished the last of the materials for which said claim is of the payment by Surety of mechanics' liens which may be filed of
made,stating with substantial accuracy the amount claimed and the name record against said improvement, whether or not claim for the amount
of the party to whom the materials were furnished, or for whom the of such lien be presented under and against this bond.
Signed and sealed this 8th day of September A. D. 19 89
• -•, i •, 0 0-71-,: •
In the presence of: (Seal)
:0- ,
I rvi, cipa
' 0+42 r i k ^A WI*: 1)
-
4) , 7,
V,c e....'/ c V_,!: r.A i'.,1
(Witness) (Title)
iSt. Paul Fire and Marine Insurance Company (Seal)
t,) hIletti0-41.,/
-; -- -- .(Witness)
ii
ffl ( (Surety
By /. .4.4%
)
,
4, (Attorney-in-fact)
Printed with permission of the American Institute of Architects
11761 PLB Rev. 2-70 Printed in U.S.A.
AStilud V� ST.PAUL FIRE AND MARINE INSURANCE COMPANY ERTiF CATENOF
O
385 Washington Street,•St.Ibaul,Minnesota 55102 AUTHORITY
at���H
For verification of the authenticity of this Power of Attorney,you may telephone toll free 1-800-328-2189 and ask or 1.. N /
the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s).
GENERAL POWER OF ATTORNEY -CERTIFIED COPY
(Original on File at Home Office of Company. See Certification.)i
KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,a corporation organized and existing under the laws of the
State of Minnesota,having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint:
H. Thomas Hierl, Julie Green, Shirley Powell, individually,
Fond du Lac,Wisconsin
nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or
its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of
indemnity and other writings obligatory in the
otherwise,
NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000)
if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Fire and Marine Insurance Company,as fully
and amply,to all intents and purposes,as
This Power of Attorney is Directors of ST.PAUL certified to and
MARINE may be pursuant
OMPANY at a meetingocalled of and rheld on the 23 d day of January,1970,
adopted by the Board of Directo
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President,Assistant Vice President,Secretary or Resident Secretary shall have power and authority
(1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company, and atac e of Company thereto,
or this
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and
(2) To appoint special Attorneys-in-fact,who are hereby authorized to certify to copies of any power-of-attorney iv him:"
section and/or any of the By-Laws of the Company,and
(3) To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given
this Power of Attorney is signed and
9 sealed
wed b f the facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959,
"Now therefore the signatures
such such officers and
the seal of the
certificate bearing such facsimile f signatures or such facsimile
seal shall be valid and certificate binding upon the
Company by ancsimile,and any power
and any such power bond or undertaking to whi hbt is attached signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any
IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its
1,), `REnI�°j4,„ corporate seal to be affixed by its authorized officer,this 1st day of March,A.D. 1984.
ST.PAUL FIRE AND MARINE INSURANCE COMPANY
€. a'4*`- ' r a STATE OF MINNESOTA ss.
% = County of Ramsey Vice President
�C o•
On this
24th day of May 19 89 ,before me came the individual who executed the preceding instrument,to me
personally known, and,affixed o by d instrument is the Corporate Seal of said Company that the said Corporate Seal and his/her signaturre wee duly affixed by
Company;that the seal
order of the Board of Directors of said Company.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the city of St.Paul,Minnesota,the day
s1AC SF and year first above written.
_ cirZCV1 0-, S Ilf2.7)"901A..
' t(t'
f� MARY C.STEMPER,Notary Public,Ramsey County,MN
�y�tolllil�l My Commission Expires November 1,1990
CERTIFICATION w the Opy Power of
FILE Attorney
THE
and the undersigned and officer copy of.Paul Section and Marine Laws o of said id Compa, y as hereby thereof,and of the of Attorney,
ofthe with
d originals,R ORIGINALS
I d L atON said Power E
and affidavit,a the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, of
HOME OFFICE OF
been evooked andAisV and fulltforce and effecorrect transcripts
a� 'r IN TESTIMONY WHEREOF,I have hereunto set my hand this
'"v T` 19 89 Secretary
8th day of September--
%,� upper right corner is binding.Photocopies,carbon
ry/y IM1 a��.ce
Only a certified copy of Power of Attorney bearing the Certificate of Authority No.printed in red on the upp g
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
29550 Rev.8-88 Printed in U.S.A.
scribed to by its City Manager and City Clerk and countersigned by the
Comptroller of said City, and the party of the second part hereunto
set its, his or their hand and seal the day and year first above
written.
In the Presence of: CONTRACTOR
NORTHEA.T ASPHALT, INC.
n
.� i&By:
/��' (Seal of Contractor Spe ' f Title)
if a Corporation. ) _
.x
f T. K ,7,vto -
(Specify Title)
,- CIT OF OSHKOS
\ y g. ..Z-e.-ec.---1)u a 2 ,: W m D. Frueh, City Manager
/; , (Witne r�I
oJ t_ - co And: j, V - 2
J (Witness) Donna C. Serwas, City Clerk
APPVVED: 1111 I hereby certify that the necessary pro-
visions have been made to pay the lia-
bility which will accrue under this con-
k ►4.(%A tract.
City t orn-y
City Comptroller
3
APPENDIX A
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
action shall include, but not be limited to, the
following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising;
layoff or termination, races 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.
•
•
(7) The contractor will include the provisions of the
sentence immediately preceding paragraph (1) 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.
•
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 - 6.9%
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 an 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 ;:innebaca and Oucacamie Ccunt es) ,
D. Standard Federal Equal Employment Opportunity Construction
Contract Specifications (Executive Order 11246)
1. 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 Call 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
•
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 be1employed 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
•
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
•
and female ecompany psEEO least
olicy on once
bulletin boards
posting the
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 ocher
Contractors and Subcontractors with whom the Contrac-
tor does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and w s
ten, to minority, females 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, simmer 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 traaning,
etc. , such opportunities.
(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).
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 affi:-mative 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 CFI 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 is 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, .race 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).
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.
•
Federal Labor Standards Provisions a f^
r
Appdeabalq►
The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of eta
contract pertains is being assisted ed by the United State al America and the interested parties and tee recommendation of HUD 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 ate provisions applicable to such Federal asestence. sentativ .will issue a determinedon within 30 days of receipt and so advise
A.1.(I)Minimum Wages.Al laborers and mechanics employed or work- HUO or its designe or will notify HUD or its designee within die 30-day
ing upon the site of the work(or under the Unwed States Housing Act of period that addrtfonai three is necessary.(Approved by the office of Man-
1937 or under tree Housing Act of 1949 in the construction or development sowers and Budget under OMB Control Number 1215-01404
of the prajece.will be paid uncraiditioneMy and not leas Wen than once a (d)The wage rats(Including fringe benefits where appropriaali
weak and without subsequent deduce=or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(q of this paragraph.shay
such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the dassificadon under this con-
Secretary of Labor under the Copeland Act(29 CFR Part 3).the lull amount tract from the first day an which work is performed in the ciasedleatian.
of wagss and bona fide hinge benefits(or cash equivalents thereof)due at (B)Whenever to minimum wage rats prescribed in the contract for a
time of payment computed at raw not Nes than those contained in the class of laborers or mechanics includes a hinge benefit which is not
wage determination of tie Secretary d Labor which is adet:hed hereto and apreeeed as an hourly rate.the contras Or shall either pan the beneit as
made*part hereof.regardless of any contractual nNtierahip which may stated in the wage deterniriaaon or shall pay another bore side hinge
be alleged to exist between to contractor and such laborers and benefit fir an hourly cash equivalent thereof
mechanics.Contributions made or costs reasonably anticipated for bona PM If the contractor does net make payments to a trustee or other third
file hinge benefits under Section 1(b)(2)of fife Oevis-Bacon Act an behalf person.the contractor may consider as part of the wages of any laborer car
of laborers or mechanics are considered wages paid to such laborer,or mechanic to amount of any costa reasonably anticipated in providing
manatees.subject to die previews of 29 CFRI 5($11)(Iv):also.regular bona side fringe benefits under a pan or program.Provided.That the
contribution made or coats incurred for more ten a weekly period(but Secretary of Labor has found,upon the written request of the contractor.
not less Wan than quarterly)under plea.haft or programs.which mover that fee applicable standards of the Davis-Bacon Act have been met.The
Me particular weedy period.are deemed to be constructively made or Secretary of Labor may require the contactor to set aside in a separate
insured during such weedy period. account assets for the meeting of obiigsdons under the plan or program.
Such laborers and mechanics shad be paid the appropriate wage rate (Approved by the Offlos of Management and Budget under OMB Control
and fringe benefits on the wage dote m.., dorf for to clareillcatem of work Number 1215-0140.)
actually performed.without regard to sod,except as provided in 29 CFR 2.Withholding.HUO or its designee shall upon its own action or upon
Part 5.5(a)(4),Laborers or mechanics performing work in more than one written request of an authorized representative of the Oepartment of Labor
classitscatian may be compensated at the rate specified for each das sifica- withhold or cause to be withheld from the contractor under this contact or
eon for the the actrady worked Merely Provided.That to employer's pay- any oiler Federal contract with tie same prime convector,or any other
rod records accurately set forth the time spent in each daasidaton in Federally-as ist d contract subject to Oavis-Bacon prevailing wage
which work is pen'ommd.The wage die un(Including any additional requirements,which is held by the same prime contractor so much of.the
dasadfation and wage rates contained under 29 CFR Part 5.5(a)(1)(d)and accrued payments or advances as may be considered necessary to pay
the Davis-Bacon poster(WH-1321)shall be posted at all times by the can- laborers and mechanics.including apprentices.trainees and helpers
teeter and its subcontractors at the site of ate wait in a prominent and employed by the contractor or any subcontractor the full amount of wages
accessible:piece where it can be easily seen by to workers. required by the contract in the event of failure to pay any laborer or
(dl(a)Any class of taboos or mechanics which is.nor listed in the mechanic including any apprentice.trainee or helper,employed or wonting
wage ducn aid which is to be employed under the contract shad on to sits of the work(or under to United States Housing Act of 1937 or
be classified in conformance with the wage detennwtadon.MUD shad under the Housing Act of 1949 in Me construction or development of die
approve an additional dassidcatidn and wage rate and hinge benefits projecs),all or part of the wages required by the cameo..HUO or its desig-
therefore only when the following criteria have been met nee may,after widen nodae to the contractor.sponsor,applicant or owner.
(1)The work to be performed by the clasediastion requested is not take such action as may be necessary to cause the suspension of any
perfo reed by a 1igtton in die wage determination and further payment,advance.or guarantee of funds until such violations have
(2)The classilication is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contactor.dis-
indusMy:and bursa such amounts withheld for and on account of the contractor or sub-
(3)The proposed wage rae,including any bona fide fringe bane- contactor to the respective employees to whom they are due.The Comp-
its,beers a reasonable relationship to the wage rates contained in to trader General shall make such disbursements in Mee case of direct
wage deenlana f. Davis-Bacon Act contracts
(b)If the ca tractor and tie laborers and mechanics to be employed 3.(I)Paytods and basic records.Payrolls and basic records relating
in the Uaastiicstlan(if known),or their representatives.and HUD or its thereto snarl be maintained by the contractor during the course of the work
designee agree on the won and wage rate(including the amount preserved for a period of three years thereafter for all laborers and
designated for hinge benefits where appropriate),a report of the action mechanics working at the site of Me work(or under the United States
*ten shad be sent by HUD or its designee to the Adminiasaur of the Wage Housing Act of 1937,or under the Housing Act 01 1949.in the construction
and Hour Oivision.Employment Stsndards Adminienteon.U.S.Dapertrrerm or development of the project).Such records shall contain the name.
of labor,Washington,O.C.20210.The Admdnismator,or an authorized address.and social security number of each such worker.his or her car-
represenatve,will approve.modify,or disapprove every additional classrl- rest classification.hourly rates of wages paid(including rates of contribu-
deon sedan within 30 days of receipt and so advise HUD or its designee dons or tuts anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD or its designee widen the 30-day period that additional thereof of the types described in Section 1(bX2)(B)of the Davis-bacon Act),
ere is neasseiy.(Approved by the Ofda at Management and Budget daily and weedy number of hours worked deductions made and actual
under OMB control number 1215-01403 wages paid.When ever the Secretary of Labor has found under 29 CFR 5.5
(e)In to event the contractor.the laborers or mechanics to be (a)(1)(v)that Si.wages of any laborer or mechanic include the amount of
employed in the classification or their representatives.and HUD or its any costs reasons*amicipated in providing benefits under a plan or pro-
designee do not agree on the proposed Gaon and wage rate gram described in Seddon 1(b)(2)(8)of the Davis-Bacon Act,to contactor
(including ate amount designated for fringe benefits,where appropriate), shed maintain records which show that the commitment to provide such
HUO-4010(2-84)
Previous Edition is Obsolete
(H8 1344.1)
•
•erenciady responsible. The attowable ratio at appranvw m lourneyann on ate lab site
barmier is entott asbie asr me taco or program anorertece triad not be gr=ain than the rain peruriraeo to fee
Ms been oanrtteieicasad in wring m ate in any craft classaczoon
and ammo plan or program as to ate were wont toms under ore registered orogramt M y
Woofers or msrsanics afteC�and'ended'wren silo.'the assn snide- eo^trae»ot at an appreneu wage raw woo o not registered
wind or Me actual cost mum'in piorgkg awe benefits.Cantraaors worker area on a;gyred
sptaoying aopeenecas or traneee under approved programs frail maenad or oaterwise entPloYal as
die Masa a dam"anad Da off4 for at!not lass a l S
of
arson eactal a of me ngrsaaaan a>apr program's and canna- sapeeable we In wage ant/in anmtor I> i^g wont on
j c=oon d trainees prognrts.the regime=a the appnrttleee and teaetee& wont actually pefb^ dm og program
G and Me ratios and wage rams parented in Me applicable programs the job arcs in amass of see raid perm rate m ate wags detaine-
r
by the Once a Manegament and Budget under CUB Control shad be paid not lees Man ate appdceole wage
nation for the wart'ward!weaned.Where a eontraceo is permrmu g
■
` Ntenbers 721'S-0t 10 and 1215-0011& etinaaNesaet on a vrol+a in a loeadly vale fan alit in which its program'is
' ( 1 other sn+bmitt lea=ky tar each week In anion any ends and rates(rrpeeraeed in parurtes4ee a fie jour-
' contract work prtcomme a copy a all mans to MIJO at its designee rewrote in
or acentag s cd et'spur-
s e agency is a petty to Me eo uraet but d tote agency is not such a petty. neymrYs hourly ratite sonatina it the contractor's s be pia at not
will soma ate payrolls m lute apolicant.sponsor.or owner. tied program fear be observer.Every soprenctice she ne case m to PIUC or its designee The woes lea flan ate rate eoecided in tee'cued prograrrf for trio apprenoee i
a ate eta!may et tar ccurasanart Inv.a pevgtes&expressed as a marrow rows a the journeymen snail b!paid
ra
rspi summed j t Cl sat out aoarotari/and epenple£S(a(d the is damn in th!applicator triage daaneaa ion..1091 r+tica
eegtsnd to be mashaleed inter Z9 CFf!A=rt S.Sfal(3>n1 This inlOmntesom speared in may be summed in any tone dew Fenn ed.Optional Fa WW-347 is avai$aie fringe bandits in accordance wet ate provisions at ate spprereeesmip
at Ooar- programs a use aoorenscasttrp Diagram does riot speedy fringe benefits
for this purpose and^'�be pxenssed tram ate Sripr>ntendra must tie ward ate all amount at Map benedbt listed at tor!
m=oos tFearal Sloedt twiner Q�-003-000=4.t�US.Goveltttteent Printing apon^e°rr for lute a ut!I►amnna
attics.Wastlingma OC.2Oe02.The prime amencesf is responsble tar the wage rrlef 1i0en for fie aoplieab+e aaort«s
aubtionet tits&(AOPro by dal deairmirns drat a afe.rsnt oracles veenne
Clecesarort at gales d Oa Bud et Wssavron.fnrtysa shell be paid it aaanrtu with feat detemnt ixt In
Oulu a Management and Budget under OMB Cpead Number io and Training.or a State Aoorers-
1273-074SJ the event tote Bureau d Apprransm a an submhmea shad tor aecomcwIed by a•5taament of Oleo o Agency recognized>r Ins Burnett.withdraws ammo
(b1 FaCt payroll fie=traces will no louver be Germ=to utilize
Cpmpuana&'signe0 by as.contractor or aubeonaae>ar or his a oar agent apprsmi>�^'p Pi`�+frt eartrurrsd matt for tree work
who pays or supervises Me Worm a the person'employed under the apareneeas at teas man ate esseieeble prey
pertomnsd until an erxwiable p nta rog is accroved.awry the folowinte ecomma and_That the Pence for Me paved period comers the iutfortradon (In Trainor.Enrol as a+oaded in 29 CFR 5.16.trainees will not be
enquired to be mainr<_ned under 29 CFR Pat 53(OMB and Mat sera+ perrwbad to wont at we Irian ate prederen fined rate toe the wort'pr-
ftertmeo unless ivy we anvldyed pursuant to and individually mortared in
iypemaa(2 is ist awn and orer a in a onedni d which has maned prior aopeove.evidence*M to mat uraft-
T7d matt debar ter on the (fnext t du ng th yr redom OF tea U.Z.Oeprnnent of tabor.Employment and Training Admuni-
aoprmaea.and traretret ereipoyed on the correct duritg ate vayr'oil laattrod an eta job sots shad not t»
has been paid tae tide weedy wages eared..without rebel&err dire:ay moon.The ratmio a trainees to fe int/yrrten and
or indirectly.and that no deductions have been made either aim wind- gutsy dean penman tinder the Alan avproved by let!Esae►pevymnent
reedy from Me Sad wages creed.other Men permisa.1ie de uc tans at sat Training Accrenerwallon.Every mews must be nerd at not lees elan its rata
Weeded in ate approved program for me trainee's level a crooning.
foes in 29 CFR Th Poet r not lees than ate arpeaeeed as a acme'age d ate lwmteyrmrt mitre!rata ev•adsd in a»
(3)That ern Wear tin e Connate mechanic tees been paid for me eta- iredlicabie wage deeareiammon.Trainees shad de paid tinge benefits in
soplicsidle wage rates aiaavn of wont very wed.as speerded in dm appricable wage der not tnrtaort bensdts ans.trainers shad be 0i the IWl pro-
ton awed st ate wage des hall aoarf d eel ale
lion incorporated.ruin ore.contract uAdasar set amount a fringe benefits
(q e e weekly submission a a no WH 47 shad Ain a the wage ins sour Division de=er Ines mat mare is an
teseah on the reverse ewe u apoortfi Forfn W1 t c shad saedh ate with me eonesoondin9 pumztyrnan
requirement for nubessaon a tut!'statement a Compliance-requited by saPnnaurnuv Orogra a wttiat maiden for less won flail paragr(dl The iI e a this season. ate tinge benefits for annrentlees,Any listed on ate payrou at a
(e!1 The ubco t;aort a any a ass above prosecution may sSelael trainee rife who is not registered and gore t9 in a training plan
contras=or 4 aril tsaaoel2 Cent a Cti31(ill cinder SKttOn eta Trailing Admen don shad be paid not
1001 a Tice to and Section 23t tic Tide s at tee! e the e a nt Cads a e appii wags rate on ate wage determination for me warts
�The commas or aubCDreta7emr�make ate reeotda required tri=ne!v'triafning want on ate deb arse
under paragraph A1W a sis swoon available for inspection.r_ayi'4.or scarily pertained.In addition.any trainee
registered program neat.C!paid
trans:Moon by auetart ed sprees a MO a its aasgnce or Cie in excess a the rasa Wrenn rate to tuts wage program snai tar ore
Oeparanant a t=bor.and stied penal such nee m iittrtiiew not less Man the apptiuple wage a rut and Training r me
employee!during working hours on fie jod it the conaaaor or subeen- warts sets shy performed.in en stein me Employment
sac r tails to submit ore required reds or to male them aveiaaa HUD imitation withdraws uproot df a taming program.tree conaaear wail no
longer u pernetttid to utilize tai ties at less Man ate acplicapte orsdeeir-
1 or its designee may.altar waters notice to the span apple- mined rife for the worst psrtamed until an saspo5le program is
ant or owner.taus such ae=on as may be necessary m Ouse oree sus-
pension of arty limner payment.advance a guarantee in funds FurStr- atedroved.
Equal .The eitilizaoon of aoore^ti
mare.failure to submit tits required records upon'faucet or to make such a+utiver Ina path The
be in conformity t fop with me
for debarment action pursuant to 29 trainees and journeymen records FR 5.1 abet may be grounds squat employment opporatniry requirements of Executive Crier 11246.as
4.CFR Part 512 wit be per- amenaed.and 29 CFA Pan 30.
m o work at le and n ep Trainees. etecane d r 5.Campeance with Copeland Ad requirements.The eonsaeax snail
to me to work Clan ore predear^afted rate for tiiework May stred- went ate requireme a at 29 CFR Pam 3 which are inccrooratsd by
formed when they are annoyed peat m and individually��in i comply .
program registered wen me U.S.Oeparenem a ret•r a in trus or subcontractor will insert in any sub-
babodad ao y fdQratm
Lad Training.Emn or with a Training enaceship Ag cy rec a Apare^aease+ip �araes trie Causes contained in 29 CFA 5.51aX1)atrouiie I10a and sudst
aria au.o if or wins a State A yedin ehiA Agency 90 d recognized ooThe otter c+,ausee as tiUO or iis assignee may by aoarotxsats insauctons
in his or her first 90 trays of prvoano^arY and also a Cause marring ate subcontractors to inCUde mesa
Bureau.or it a person is emo in aces tlo program.wno is rectum not inc viCu as re attired t ire suits an.purer. lute Causes in any lower tier subto'n'ic .The anme contracau snail be
but woo nos teen crrafred by
not m u at Act registered in me am-1gttt resooneiale to 3141 rmoaance cv any suoc:no-cc^•r or tower ter succon-
�ureau of Acerenacesrtio and Trarnin dt a state Aporenacesnio Agency tr3tar wino all me contract=uses in"�3 C.°�Fan_.=
,wnere accrconatei to cc eiiStcae(Cr:rocaaanary employment a.s an
1-11.10-1.110 t2 341
•
•
7.Contracts Nominalism debamment.A breach of the Contact Causes in pensadon at a rate not less than one and one-hart times the basic rate of
29 CFR 5.5 may be grounds for seminarian of the contract and for debar- pay for aw hours worked in excess of eight hours in any calendar day or in
m nt as a contactor and a wbceneaetor as provided in 29 CFR 5.12. excess of forty hours in such workweek.whichever is greater.
5.Canptrnce with Osvle.Seca,and Retried Act R.quirsmene.All nd- (2)%noted p saps►for unpaid wage=liquidated damages.In she
ings and intarprewfone of the Oavie-Bacon and Ridded Acts Contained in aim of any woiatlon of the clause set form in subparagraph(1)of this
a CFR Parts 1.3.and 5 are herein incorporated by reference in this
contract paragraph.the contractor and any sutxonaaeeor responsible Mannar shat
be liable for the unpaid wages.In addition.such contractor and subcon-
S.Obputea concani,g tabor standard •Otsputes arising out of the labor tractor shall be liable to the United States On the case of work don*under
standards provisions of this contact shall not be subject to the general Contract for the Oistha of Columbia or a territory.to such District or to such
disputes clause of this contract Such disputes shall be resolved in altar teeigx%to liquidated damages.Such liquidated damages snail be con-
dance wish the procedures of the Oscartnent of Labor set forth in 29 CFR puled with respect to each individual taborer or mechanic.including
Para S.5.and 7.Disputes within the meaning of this Cause include dis• watchmen and guards,erpioyed in violation of the claim set ford,in sub-
putes between the contactor(or any of its subcontracsorst and MUD or its paragraph(1)of this paragraph,in one sum of S10 for each calendar day on
the U.S.Department of Labor,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-
10.5)Cerdll *lion of Eiltibiily.9y anerirhg into this Contact.the con- mere of the overtire wages required by the clause set forth in subpara-
tractor certifies that neither it(nor he or shy nor any person or firm who graph(1)of this penkpaph.
hat an interest in the contactors firm is a person or firm ineligible to be (3)V wiwid*g for unpaid wages and liquidated damages.MUD or its
awarded Government contracts by virtu*of Secdoh 3(a)of the Davis- knee shall upon its own action or upon written request of an audio-
Bacon Act or 29 CFR 5.1204(1)or to be awarded MUD eontacte or parar* Azad repreaautetve of the Department of Labor withhold or cause to be
pees in MUD programs pursuant to 24 CFR Peet 24. witthehl•from any moneys payable on account of work performed by Me
(tea No pert of this mesa shag be to any person Or Linn contractor or subcontractor under any such contract or any other Federal
ineligible to award of a Goverment contract by virtu*of Seaton 3(a)of Contract with to same prune contact or any other Federally-assisted con-
te Oavis-Bacon Act a 29 CFR 5.12(a)(1)or to be awarded MUD contracts tract sublet*to to Contract Work Mours and Sahry Standards Ad which
or pardupats in MUO programs pursuant to 24 CFR Part 24. is held by to same prime contactor such sums as may be deter-.ad to
010 The warty for raking false statements is prescribed in to U.S. be ceamari to sagely any liabilities of such contactor or subcontractor
Criminal Code.18 U.S.C.1001.Additionally.U.S.Crimea"Coder Section far unpaid wages and liquidated damages as provided in to clause set
1010.Tide 15.U.SC.."Federal Mousing Administration transaction.'.pro- forth in subparagraph(2)of this paragraph.
vides in part'Whoever.fortho purpose of . influencing in any way the (4)Subcontract:The contractor or subcontractor shall insert in any
atom of sues Admix to icon... makes utters or publishes e any statement subcontracts the clauses set forth in subparagraph(1)through(4)of this
Wowing du same to be false. . . shad be fined not more than S5.000 or paragraph and also a clause requiring to subcontractors to include these
imprisoned not more cwt two years,or both' clauses in any lower be subcontracts The prime contactor shag be
s.1.Compie nts.Praceedige,r Teariwaq by Sullarrfelle,No taborer or responsible for compliance by any subcontractor or lower ter subconaac-
trecanic to whom the wage,salary,or other labor stendarde laroaaions of for with the clauses set forth in subparagraphs(1)through(4)of this
this Contact are applicable shag be disdiatg.d or in any other manner
discriminated against by to Contractor or
any subcontractor because such C.Meads and Safety
any emplloyee has flied any complaint or instituted or Cawed to be instituted �..(11)�.No laborer or conditions which be required to work in surroundings
proceeding or� or is about to testify in any r under world g conditons which are unsanitary.hazardous.or danger.
under or relating to the labor standards app c ble under this Comma to au*to his hearth and safety as determined under construction safety and
his empioyer. health standards promulgated by the Secre ny tee Labor by regulation.
S Contact Work Moms and Safety Standards Act As used in this pew (2)The Contractor shard comply with all regulations issued by the
graph.the tans'laborers'and-mechanics'include wseehamen and Seaway of Labor pursuant to Title 29 Part 1925(formerly part 1518)and
guards. forking to comply may result in imposition of sanctions pursuant to the Con-
(1)Overtime requirements.No contractor or subcontractor contraCthg tract work Hours and Safety Standateds Act(Public Law 91-54,83 Stat.96).
for any part of the contact work which may require or involve the employ- (3)Th f Contractor shall include the provisions of this Ardda in every
nit of labours or mocha:ara shed require or permit any such laborer or subcontract so tit such provisions will be binding on each
mechanic in any workweek in which he or she is employed on such wok The Contactor shag take such aedoh with respeu to any subcontract as
to work in excess of eight hours in any calendar day or in excess of forty the$ - y of Mousing and Urban Development or Me Secretory of Labor
hours in such workweek unless such laborer or mechanic receives cam- shag direct as a means of enforcing such provisions.
MUO.4010(2-841
•
•
22572 Federal Register / Vol. 53, No. 118 I Thursday, June 18, 1988 / Notices
December 22, 1987 must be cancelled,, - subject to the prohibitions in section . , . restrictions contained in any other t
unless cancellation is determined by,the. 109. ': .:, Federal law,including the Buy American
Secretary not to be in the public interest..•. In addition to the above-listed facia„ , Act(41 U.S.C.10a-10d).• ..
Determinations by the Secretary that..' : waiver requests should include a
cancellation is not in the public Interest, recitation of the reasons the grantee. Solicitation Provisions and Use of �'' '''
or that waiver of the prohibitions should-• believes it would be in the public • •' Contract Clauses
. be granted with reference to a new '±
in *'- . „
• • ,
. .
Federal Register / Vol. 53, No. 118 / Thursday, une 16, 1906 / Notices
� ' 2.
(c)Inability to certify.An offeror•L:•an unable to Inability materials,and supplies incorporated subcontractor of a foreign country
certify in accordance with directly into the product. • . included on the list of countries that
paragraph (b)of this provision shall "Contractor or subcontractor of a
submit with its offer a written fore( discriminate against U.S.firms
explanation fully describing the reasons means any Contractor or subcontractor Representative(see paragraph(c)of
for its inability to make the certification. that is a citizen or national of a foreign clause),or(2)supply any product uni
1 - (d)Applicability of 18 U.S.C. 1001. country or is controlled directly or
The certification in paragraph (b)of this indirectly by citizens or nationals of a this list of faor ign country countries hat or
provision concerns a matter within the forein coun the rst in foreign st U.S fi firms
�+ jurisdiction of an agency of the United subcontractor all be considered to be published by theiUSU.S.firms
States.and the making of a false, a citizen or national of a foreign country, published list.the he US ,
fictitious,or fraudulent certification may or controlled directly or indirectly by (c) USTR e The Federal USTR p , r and
render the maker subject to prosecution citizens or nationals of a foreign • initial list in the Federal Regrq r on
under Title 18, U.S.C.1001. country— December 30,1987(53 FR 492+ whit
•(e)Notice.The offeror shall provide . (1)If 50 percent or more of the + identified one country—retries t
immediate written notice to the Contractor or subcontractor is owned by USTR can add other,countries fo the I
`■ Contracting Officer if,at any time before a citizen or a national of the foreign Y • or remove countries from it,in .
the contract award, the offeror learns country; accordance with section 309(e)of Pub.•,, that its certification was erroneous . . (2)If the title to 50 percent or more of 100-202..
IIIL: when submitted or has become the stock of the Contractor or • • (d)Certification.The Contractor ma
;;i erroneous by reason of changed subcontractor is held subject to trust or rely upon the certitication.af a
circumstances. fiduciary obligation in favor of citizens prospective subcontractor that it is no
-r. (f)Restrictions on contract award. or nationals of the foreign country; ,-: ; ' .subcontractor of a foreign country
I• Unless a waiver to these restrictions is . included on the list of countries that
granted by the Secretary of Housing and (3)power in he Contractor a t more o o..the voting
rY g power in the Contractor or discriminate against U.S.firms
Urban Development,no contract will be subcontractor is vested in or exercisable published by the USTR and that
i', awarded to an offeror(1)who is owned on behalf of a citizen or national of the products supplied by such subcontract
' . roducts su y
or controlled by a citizen or national of foreign country; . for use on the Federal public works.;,,
1111 :3.,q;' a foreign country included on the list of ,(4)In the case of a partnership,if any project under this contract are not
c foreign countries that discriminate f th
general partner is a citizen of foreign products of a foreign country included
'� against U.S.firms published by the r' count '''',...if
•
r'Y: •:- °•��:� �::'�-',.,:;",;: ..,.;..:..:,•. on the list of foreign countries th-at,�;�J
WA USTR, (2)whose subcontractors are (5)In the case of a corporation. .,
rp if its :•, • discriminate against U.S.firms •;;::-
owned or controlled by citizens or •' president or other chief executive officer published by the USTR,unless such .
nationals of a foreign country on the • • or the chairman of its board of directors " Contractor has knowledge that the ....:
_;1}) USTR list or (3)who incorporates any .::- is a citizen of the foreign country or the : certification is erroneous. ...!...,..!.;,.,20„,' ``' 't'
ill ;fir • product of a foreign country on the ::; ,:•. majority of any number of its directors:,: (e)Subcontracts.The Contractor shat
• USTR list in the public works project. ..••necessary to constitute a uorwn are
.• q f_:' incorporate this clause,modified only
(g)Recordkeeping. Nothing contained . . citizens of the foreign country or the ,,:,... for the purpose of properly identifying
'i in the foregoing shall be construed to ' corporation is organized under the laws the parties,in all subcontracts.This i
require establishment of a system of .' of the foreign country or an
NI
+: • records in order to render,in good faith,• subdivision,territory, or possession •• in all subcontracts.(e)shall also b..incorporated
r the certiffcation•re aired by y P in all subcontracts.
q y Paragraph thereof;or. ;.:;, , • . . ti :..•(b)of this provision.The knowledge and •-•(8)In the case of a contractor or •,,,.:..,`':'(End of Contract Clause t "r!''"' rot
Information of an offeror is not required : subcontractor who Is a Joint venture,if :
;•54 � to exceed that which is normally � '�•-any J �- Questions concerning the applicability
y . .` .•. y participant firm is a citizen or -• •`•'--of section 109 to particular contracts or
possessed by a prudent person In the _:;,,;'`national of a foreign country or meets •-•subcontracts should be directed to the
11, ordinary course of business dealings. any of the criteria in subparagraphs;' individuals whose names and addresses
a . (h) USTR list.The USTR published an • (a)(1) through (5)of this clause. .• appear at the beginning of this'`:":',.':'
(nitro)list in the Federal Registei)`on ""`' ' "Product";as used in this clause..f document...=; ,
i,r,, ,l
III
December 30, 1987(53 FR 49294which means construction materials—i.e., i ''
' • identified one count ' r• T -'{ "•r c�5,}. ,f, +
t! ry-japan.The articles;materials,and supplies brought...-. Date:June 8,1988 ,. x4:C a
i,_; USTR can add countries to the list,'and aj .to the construction site for incorporation , Samuel R.pierce jr., i't .0'
+� kat":'
1j' remove countries from it,In accordance?:.,-..into lhe'public works project,including:1,'.!':'Secr;etary,�•p;:•1,-..).1071:3....v• :. i.r:'..11.,..:'••.••
with section•109(c)of Pub.L:100-202 '��1• permanently affixed equipment,•-- ...3.!-.. [FR Doc.88-13661 Filed 6-15-88 8:45 sml •
(End of Solicitation Clause] n - instruments,utilities,electronic or other eiWNO cooE 4210-u-M ,
• ''t •. ,:'.t. 34- ' "•j i{. .. devices, but not including vehicles or -�" t-' 't'1t
Contract Clauses - g
�' `�i� r...r: "rs. construction equipment.In•determining?'; ::•r';;i:i;Wt.its j{_ +,"q Irri:,,rt;pS,..•.7
F'' :Grantees or subgrantee recipients •.•4ta::• the origin of a product[insert name of 'J.•
entering into contracts for construction;) ;'.grantee).will consider a product as .-.;,r.:i [Docket No.N-88-18141.'�t':, �'.:.. •-3.•'alteration,or repair of anypubIic'e""-'f. produced in a foreign country if it has • Privacy Act of 1974;New System of
t' building or public work project subject . been assembled or manufactured in the ..-' Records ., , r. . +,
'.T to the prohibitions described in this :�'.f foreign country,or if the cost of the ' ' "''' 'n' " ..:•. Notice shall include the following • ':•..'? ''components mined.produced,or AGENCY:Department of Housing and_;�;:
+ provisions in all such contracts: • . : .. manufactured in the foreign country Urban Development.
i • ''' "d '- exceed 50 percent of the cost of all its t
Restrictions Oil Public Buildings'and ACTION:Notification of a new system of;.
+� Public Worka.ProJects components. ... record.
.0 (b)Restrictions.The Contractor shall- •enter into any •i in thiDefinitions.use,meansothose articles.used subcont act under this contract with a "not(a of a system of recordssit intends
Il
k
U.S. Department of Labor
GENERAL WAGE DECISION NO . WI89- 10
Supersedes General Wage Decision No . WI88- 1O
State : WISCONSIN
•
• County( ies) : Statewide
Construction
Type: Highway, & Airport Runway and Taxiway
Construction
Description: Highway and Airport Runway and Taxiway Construction
(does not include bridges over navigable waters :
tunnels ; buildings in highway rest areas ; and railroad
construction)
Modification Record:
No. Publication Date Page No. (s)
RECEIVED .
FEB 15 1989
• DEPARTMENT OF
COMMUNITY DEVELOPMENT
Vol. II 1 187
U.S. Department of Labor
WI89- 10
Basic Fringe
Hourly Benefits
Rates
BRICKLAYERS: STONEMASONS :
Zone 1 15 . 35 2 .05
Zone 2 12 . 87 2 . 40
Zone 3 12 . 70 2 . 42
Zone 4 13 . 73 2 . 50
Zone 5 14 . 30 2 . 35
Zone 6 13 . 87 3 . 50
Zone 7 13 . 39 3 . 10
Zone 8 15 . 18 3 . 95
Zone 9 13 . 89 2 . 60
Zone 10 14 . 88 2 . 20
Zone 11 13 .00 2. 70
CARPENTERS; PILEDRIVERMEN:
Zone 1 :
Carpenters 15 .01 2 . 24
Piledrivermen 15 . 51 2. 24
Zone 2:
Carpenters 15 .01 2 . 24
Piledrivermen 15 . 51 2 . 24
Zone 3 :
Carpenters 15 .01 2 . 24
Piledrivermen 15 . 51 2. 24
Zone 4 :
Green & Rock Cos .
Carpenters 16 . 19 2 . 44
Piledrivermen 16 . 34 2. 44
Walworth Co.
Carpenters 16 . 26 2 . 44
Piledrivermen 17 . 33 2. 44
Zone 5 :
Carpenters 16 . 91 2 . 36
Piledrivermen 17 . 33 2. 42
Zone 6:
Carpenters 15 .01 2 . 24
Piledrivermen 15 . 51 2. 24
Zone 7 :
Dodge & Jefferson Cos .
Carpenters 15 .01 2 . 24
Piledrivermen 17 .00 2. 27
Remainder of Cos .
Carpenters 15 .01 2. 24
Piledrivermen 15 . 51 2. 24
Zone 8 :
Carpenters 15 .01 2. 24
Piledrivermen 15 . 51 2. 24
Zone 9:
Carpenters 17 . 23 3 . 57
Piledrivermen 18 . 78 3 . 57
Zone 10:
Carpenters 16 . 81 2. 46
Piledrivermen:
West of 75 17 . 33 2 . 47
East of 75 17 . 13 2 . 52
Val! 1 188
U.S. Department of Labor
41›
WI89- 10
Zone 11 :
Carpenters 15 .01 2. 24
Piledrivermen 15 . 51 2. 24
Zone 12 :
Carpenters 15 . 01 2 . 24
Piledrivermen 15 . 51 2. 24
CEMENT MASONS:
Zone 1 17 . 58 . 70
Zone 2 14 .05 2 . 20
Zone 3 13 . 75 2 . 90
Zone 4 13 . 83 2. 20
Zone 5 14 . 58 2. 20
Zone 6 13 . 20 2.05
Zone 7 14 .05 2. 20
Zone 8 14 .05 2. 20
Zone 9 13 . 18 4. 36
Zone 10 14 . 75 4 . 36
Zone 11 12 . 68
Zone 12 13 . 95 2 . 30
Zone 13 13 . 40 2 . 85
Zone 14 13 . 65 2. 20
Zone 15 13 .00 2. 85
Zone 16 13 . 65 2. 20
ELECTRICIANS :
Area 1 16 . 62 1 . 55+ 5-1/2%
Area 2 :
On electrical jobs where cost of all
electrical labor & materials used or
f installed is less than $35 ,000. 13 . 60 17- 1/2%
All other work 16 .00 17- 1/2%
Area 3 :
Electrical contracts $70, 000 or greater 16 . 67 2. 35+ 4%
Electrical contracts under $70,000 14 . 12 2. 35+ 4%
Area 4 :
Within the city limits if Manitowac and
Two Rivers on electrical jobs where the
total cost of all electrical labor and
material used or installed is $ 125 , 000
or less 15 . 26 1 . 40+ 9-1/2%
All other work 16 . 95 1 . 40+ 9-1/2%
Area 5 15 :50 1 . 70+ 10-1/8%
Area 6 17 . 95 . 80+4 . 7%+1/4%
Area 7 16 . 61 1 . 95+ 3%
Area 8 16 . 48 1 .00+ 13-1/4%
• Area 9 15 . 54 2. 49+ 3-3/4%
Area 10 16 . 28 2 . 50+ 14%
Area 11 16 . 35+11% 21%
Area 12 17 . 75 1 . 39+ 5%
Area 13 17 . 77 2. 50+ 14%
IRONWORKERS:
Zone 1 14 . 58 3. 25
Zone 2 15 . 22 3. 85
Zone 3 14 . 58 3. 25
Zone 4 15 . 70 5. 75
Zone 5 17 . 80 4 . 69
LINE CONSTRUCTION:
Statewide:
Vol. II 1 189
U.S. Department of Labor
WI89- 10
Linemen 17 . 75 1 . 25+ 15%
Heavy Equipment Operators 15 . 98 1 . 25+ 15%
Light Equipment Operators 14 . 20 1 .25+ 15%
Heavy Truck Drivers and Groundman 12 . 43 1 .25+ 15%
Light Truck Drivers and Groundman 11 . 54 1 . 25+ 15%
Groundman 9. 76 1 . 25+ 15%
PAINTERS :
Zone 1 :
Brush 14 . 85 .50
Spray and Sandblasting 15. 60 . 50
Zone 2:
Brush 14 .00 . 15+ 5%
Spray and Sandblasting 13 . 50 . 15+ 5%
Zone 3 :
Brush; Spray and Sandblasting 14 . 43 1 .00
Zone 4 :
Brush 12 . 325 2 .45
Spray and Sandblasting 12. 925 2 .45
Zone 5:
Brush 13 . 95 1 .00
Spray and Sandblasting 14 . 37 1 .00
Zone 6:
Brush; Spray and Sandblasting 15 . 21 1 . 78
Zone 7 :
Brush 13 .08 1 . 77
Spray 14 .08 1 .77
Sandblasting 13 . 33 1 .77
11 Zone 8:
Brush and Spray 13 . 75
Sandblasting 13 . 75
Zone 9:
Brush
Spray and Sandblasting 14 .00
Zone 10:
Brush 13 . 45 3 . 76
Spray 13 . 60 3 . 76
Sandblasting 13 . 85 3 . 76
Zone 1 1 :
Brush 13. 35 1 . 55
Spray and Sandblasting 13 . 85 1 . 55
Zone 12:
. Brush 13 . 75 2 . 15
Spray and Sandblasting 14 . 35 2. 15
Zone 13 :
Brush and Sandblasting 10. 40 1 . 60
Spray 10. 90 1 .60
LABORERS :
Zone 1 :
Group 1 12 . 50 4 .07
Group 2 12 . 60 4 .07
Group 3 12 . 65 4 .07
• Group 4 12 . 70 4 .07
Group 5 12 . 75 4 .07
Group 6 12 . 85 4 .07
Group 7 12 . 90 4 .07
Group 8 13 . 15 4 .07
Group 9 8 . 99 4 .07
Vol. II 1 190
U.S. Department of Labor
WI89- 10
Zone 2:
Group 1 11 . 93 3 . 70
Group 2 12 .03 3 . 70
Group 3 12 .08 3 . 70
Group 4 12 . 13 3 . 70
Group 5 12 . 18 3 . 70
Group 6 12 . 28 3 . 70
Group 7 12 . 33 3 . 70
Group 8 12 . 58 3 . 70
Group 9 8 . 76 3 . 70
Zone 3 :
Group 1 11 . 53 4 . 10
Group 2 11 . 63 4 . 10
Group 3 11 . 68 4 . 10
Group 4 11 . 73 4 . 10
Group 5 11 . 78 4 . 10
Group 6 11 . 88 4 . 10
Group 7 11 . 93 4 . 10
Group 8 12 . 18 4 . 10
Group 9 9 . 23 4 . 10
Zone 4 :
Group 1 13 .03 2 .00
Group 2 13 .08 2 .00
Group 3 13 . 13 2.00
Group 4 13 . 18 2 .00
Group 5 13 . 23 2 .00
Group 6 13 . 28 2 .00
Group 7 9 . 38 2 .00
Zone 5 :
Group 1 11 . 75 4 .07
Group 2 11 . 80 • 4 .07
Group 3 11 . 85 4 .07
Group 4 11 . 90 4 .07
Group 5 11 . 95 4 .07
Group 6 12 .00 4 .07
Group 7 8 . 84 4 .07
Zone 6 :
Group 1 12 . 75 2 .00
Group 2 12 . 80 2 .00
Group 3 12 . 85 2 .00
Group 4 12 . 90 2 .00
Group 5 12 . 95 2 .00
Group 6 13 .00 2 .00
Group 7 9 . 38 2 .00
POWER EQUIPMENT OPERATORS :
Group 1 16 . 97 4 . 25
Group 2 16 . 71 4 . 25
Group 3 16. 62 4 . 25
Group 4 16 . 54 4. 25
Group 5 16. 46 4 . 25
Group 6 16 . 42 4 . 25
Group 7 16 . 33 4 . 25
Group 8 16 . 21 ' 4 . 25
• LABORERS (Sewer & Water)
Zones 1 and 5 :
Bottoman . 14 . 62 4 .07
Pipelayer 15 . 23 4 .07
VoI. II 1191
U.S. Department of Labor
•
WI89-10
Topman
Zone 2 : 14 . 18 4 .07
Bottoman
Pipelayer 12 . 28 3 . 70
Topman 12 . 68 3 . 70
Zone 3 : 12 .08 3 . 70
Bottoman
Pipelayer 11 . 88 4 . 10
Topman 12 . 28 4 . 10
Zone 4 : 11 .68 4 . 10
Bottoman
Pipelayer 13. 28 2 .00
Topman 13 .48 2 .00
Zone 6 : 13 . 13 2 .00
Bottoman
Pipelayer 13 .00 2 .00
Topman 13 . 20 2 .00
TRUCK DRIVERS : 12 . 85 2 .00
Zone 1 :
Group 1
Group 2 12 . 50 . 35+ a
Zone 2 : 12 . 65 . 35+ a
Group 1
Group 2 12 . 50 . 35+ b
Zone 3 : 12. 65 . 35+ b
Group 1
Group 2 12 . 50 . 35+ c
WELL DRILLERS 12 . 65 . 35+ c
Well Drillers Helpers 13 . 47 2 .45
10. 50 2 .45
WELDERS -- Receive rate prescribed for craft performing operation to
which welding is incidental .
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only as
- provided in the labor standards contract clauses (29 CFR, 5 . 5 (a) ( 1 )
( ii )
FOOTNOTES :
a. Per week per employee on payroll 30 days or longer, $ 111 . 37
Per week - Health, Welfare and Pension
b. Per week per employee on payroll 30 days or. longer , $ 118. 50
per week - Health, Welfare and Pension
c. Per week per employee on payroll 30 days or longer , $116. 28
per week - Health, Welfare and Pension
ZONE DESCRIPTIONS
BRICKLAYERS; STONEMASONS:
Zone 1 : Barron, Burnett, Chippewa, Dunn, Eau Claire , Pepin, Pierce,
Polk, Rusk, St. Croix, Sawyer, and Washburn Counties
.: Zone 2 : Adams, Clark, Forest, Langlade, Lincoln, Marathon,
Menominee, Oneida, Portage, Price , Taylor, Vilas , and Wood Counties
Zone 3 : Brown, Calumet, Door, Florence, Fond Du Lac, Green Lake,
Vol. 11
1192
U.S. Department of Labor
WI89- 10
•
Kewaunee, Manitowoc, Marinette, Marquette, Oconto, Outagarnie ,
Shawano, Sheboygan, Waupaca, Washara , and Winnebago Counties
Zone 4 : Green, Lafayette, and Rock Counties
Zone 5 : Buffalo, Crawford, Jackson, Juneau, La Crosse , Monroe ,
Trempealeau, and Vernon Counties
Zone 6 : Kenosha, Racine, and Walworth Counties
Zone 7 : Dane, Grant, Iowa, and Richland Counties
Zone 8 : Milwaukee, Ozaukee, Washington, and Waukesha Counties
Zone 9 : Columbia and Sauk Counties
Zone 10: Ashland, Bayfield, Douglas , and Iron Counties
Zone 11 : Dodge and Jefferson Counties
CARPENTERS; PILEDRIVERMEN:
Zone 1 : Ashland, Bayfield, and Iron Counties
Zone 2 : Barron, Burnett , Buffalo, Chippewa , Clark , Dunn, Eau Claire,
Pepin, Pierce, Polk, Rusk, St. Croix, Sawyer, Taylor, and Washburn
Counties
Zone 3: Brown, Calumet , Door, Fond Du Lac, Green Lake, Kewaunee,
Manitowoc, Marinette, • Marquette, Menominee, Oconto, Outagamie ,
Shawano, Sheboygan, Waupaca, Waushara, and Winnebago Counties
Zone 4: Green, Rock, and Walworth Counties
Zone 5: Kenosha County
Zone 6: Jackson, La Crosse, Monroe, Trempealeau, and Vernon
Counties
Zone 7 : Adams, Columbia , Crawford, Dane, Dodge , Grant , Iowa ,
Jefferson, Juneau, Lafayette, Richland, and Sauk Counties
Zone 8 : Florence County
Zone 9: Milwaukee, Ozaukee, Washington, and Waukesha Counties
Zone 10: Racine County
Zone 11 : Douglas County
Zone 12: Forest , Langlade, Lincoln, Marathon, Oneida, Portage ,
Price, Vilas , and Wood Counties
CEMENT MASONS :
Zone 1 : Bayfield, Douglas, Price, Sawyer , and Washburn Counties
Zone 2: Barron, Burnett, Chippewa, Dunn, Polk, Rusk, and St . Croix
Counties
Zone 3 : Adams , Clark, Forest, Langlade, Lincoln, Marathon,
Menominee, Oneida, Portage, Taylor, Vitas , and Wood Counties
Zone 4 : Eau Claire, Pepin, and Pierce Counties
Zone 5 : Brown, Calumet , Door, Florence, Fond Du Lac, Green Lake,
Kewaunee, Manitowoc, Marinette, Marquette , Oconto, Outagarnie,
Shawano, Sheboygan, Waupaca, Waushara, and Winnebago Counties
Zone '6 : La Crosse County
•
Zone 7: Racine and Kenosha Counties
Zone 8: Dodge and Jefferson Counties
Zone 9: Columbia and Sauk Counties
Zone 10: Milwaukee, Ozaukee, Washington, and Waukesha Counties
Zone 11 : Dane, and Rock Counties
Zone 12: Grant County
Zone 13 : Walworth County
Zone 14 : Ashland and Iron Counties
Zone 15: Green, Iowa, and Lafayette Counties
Zone 16: Buffalo, Crawford, Jackson, Juneau , Monroe, Richland,
Trempealeau, & Vernon Counties
ELECTRICIANS:
Van 1 193
U.S..Department of Labor
WI89- 1O
•
Area 1 - CALUMET (except township of New Holstein) , GREEN LAKE
( township of Berline, Seneca & St . Marie) , MARQUETTE
( townships of Crystal Lake , Neshkoro , Newton &
Springfield) ,OUTAGAMIE , WAUPACA, WAUSHARA &
WINNEBAGO COUNTIES
Area 2 - Ashland, Bayfiled, BUFFALO (except townships of Glencoe,
Milton and Wallmandea, BURNETT, CHIPPEWA, CLARK (except
Mayville, Colby, Unity, Sherman, Fremont , Lynn, and
Sherwood townships ) , DUNN, EAU CLAIRE , Iron, JACKSON
(except townships of Adams , Alban, and Springfield,
PEPIN, PIERCE, POLK, PRICE , RUSK, ST . CROIX , SAWYER,
TAYLOR, TREMPEALEAU (Albion, Unity, Sumner , Chimney,
Rock , Hale, Burnside, Lincoln, Pigeon Townships ) , &
WASHBURN COUNTIES
Area 3 - FLORENCE (Townships of Aurora , Commonwealth, Fern,
Florence & Homestead) , MARINETTE (Niagara Township)
• Area 4 - BROWN, DOOR, KEWAUNEE , MANITOWOC (except Township of
Schleswig) , OCONTO , MARINETTE (Amberg, Athelstance,
Beaver, Grover, Lake, Middle Inlet , Peshtigo,
Porterfield, Pound , Silver Cliff , Stephenson, Wagner &
Wausaukee Townships) , MENOMINEE ( that portion E . of a
line 6 miles W. of the W. boundary of Oconto County) ,
SHAWANO (Birnamwood, Richmond , Pella , Alman, Westcott ,
Belle Plain, Bartelrne, Washington, Waukechon, Red
Springs , Green Valley, Hartland, Wittenberg, Germania,
Angelica, Morris , Fairbanks , Navarino, Seneca, Grant,
Lessor, Herman & Maple Grove Townships)
Area 5 - ADAMS, CLARK, ( towships of Mayville, Colby, Unity,
Sherman, Fremont , Lynn and Sherwood) , FLORENCE (Remainder
of County) FOREST, JUNEAU , LANGLADE , LINCOLN, MARATHON,
MARINETTE (Remainder of County) , MENOMINEE (Remainder of
County) , ONEIDA , PORTAGE , SHAWANO (Remainder of County) ,
WOOD & VILAS COUNTIES
Area 6 - KENOSHA COUNTY
Area 7 - BUFFALO (townslps of Glencoe , Milton, Cross and Buffalo) ,
CRAWFORD, GRANT , JACKSON (Remainder of County) LA CROSSE ,
MONROE, RICHLAND, TREMPEALEAU (Remainder of County) &
• VERNON COUNTIES
Area 8 - DODGE ( Emmett Township) , GREEN, JEFFERSON,
LaFAYETTE, RACINE (Burlington Townships - that portion
2-1/2 miles- E. of the W. boundary of Burlington Township
& 1- 1/2 miles S . of the N . boundary to 3 1/2 miles N. of
the S. boundary of Burlington Township) , ROCK & WALWORTH
COUNTIES
Area 9 - COLUMBIA, DANE. DODGE (Remainder of County) , FOND DU LAC
(Township of Waupun) , GREEN LAKE (Remainder of County) ,
IOWA, MARQUETTE (Remainder of County) ,& SAUK COUNTIES
VOI. 11 1 194
U.S. Department of Labor
WI89- 1O
Area 10- CALUMET (Township of New Holstein) , FOND DU LAC (except
Township of Waupun) , MANITOWOC ( township of Schleswig) ,
& SHEYBOYGAN COUNTIES
Area 11- DOUGLAS COUNTY
Area 12- RACINE (Remainder of County) COUNTY
Area 13- MILWAUKEE, OZAUKEE , WASHINGTON & WAUKESHA COUNTIES
IRONWORKERS:
Zone 1 : Grant County
Zone 2: Ashland, Barron, Bayfield, Burnett, Douglas , Iron, Price,
Rusk, Sawyer, Vilas, and Washburn Counties
Zone 3 : Adams, Clark, Columbia, Crawford, Dane, Dodge, Florence,
Fond Du Lac, Forest, Green, Green Lake, Iowa, Jackson, Jefferson,
Juneau, La Crosse, Lafayette, Langlade , Lincoln, Marquette,
Marathon, Menominee; Monroe, Oconto, Oneida , Outagamie, Portage,
Richland, Rock, Sauk, Shawano, Taylor , Vernon, Walworth, Waupaca,
Waushara, Winnebago, and Wood Counties
Zone 4 : Brown, Calumet, Door , Kenosha, Kewanee, Marinette ,
Manitowoc, Milwaukee, Ozaukee, Racine , Sheboygan, Washington, and
Waukesha Counties
Zone 5 : Buffalo, Chippewa, Dunn, Eau Claire, Pepin, Pierce, Polk,
St . Croix, and Trempealeau Counties
PAINTERS :
Zone 1 : Florence, Forest , Iron, Langlade , Lincoln, Marathon,
Menominee, Oneida, and Vilas Counties
Zone 2: Barron, Buffalo, Chippewa , Dunn, Eau Claire, Pepin, Pierce,
Polk, Price, Rusk, St . Croix, Sawyer, Trempealeau, and Washburn
Counties
Zone 3: Brown, Door, Kewaunee, and Oconto Counties
Zone 4: Kenosha and Walworth Counties
Zone 5: Adams, Clark, Crawford, Jackson, Juneau, La Crosse,
Monroe, Portage, Vernon, Taylor , and Wood Counties
Zone 6: Ashland, Bayfield, Burnett , and Douglas Counties
Zone 7: Columbia, Dane, Dodge, Grant , Green, Iowa, Layafette ,
Richland, Rock, and Sauk Counties
Zone 8 : Calumet and Manitowoc Counties
Zone 9: Marinette County
Zone 10: Jefferson, Milwaukee, Ozaukee, Washington, and
Waukesha Counties
.Zone 11 : Fond Du Lac, Green Lake , Marquette, Outagamle, Shawano,
Waushara , Waupaca, and Winnebago Counties
Zone 12: Racine County
Zone 13 : Sheboygan County
LABORERS:
Zone 1 : Milwaukee and Waukesha Counties
Zone 2: Racine County
Zone 3: Kenosha County
Zone 4 : Dane County
Zone 5: Washington and Ozaukee Counties
Zone 6: Remainder of State
Vol. II
1195
U:S: Department of Labor •
4)>.
w189- 10
TRUCK DRIVERS:
Zone 1 : Entire
Zone 1 : Entire except those
Ozaukee Counties in Zones 2 and 3
Zone 3: Racine Washington,
and Kenosha Counties and Waukesha
Counties
LABORERS CLASSIFICATIONS
ZONES 1 , 2, and 3
Group 1 : Bituminous
Demolition and Wrecking orkers (Shoveler,
Demob Laborer; Loader, Utility Man)
9 Steel Setter Guard Rail Builder ; `
Landscaper; (Pavement) ; Stone Handler; Rein-
forcing
pd ; Multiplate Culvert Assembler; Tree Trimmer;
Laborer Conduit Layer;
Group 2 : Bituminous Workers
Batch Truck Dumper or (Dumper, Ironer,
Cement Handler; Smoother, Tamper) ;
Group Concrete Handler
P 3 : Chain Saw 0
roipt : h and aillperator; Demolition Burning Sawer
hand operated)
Vibrator g Torch Laborer;
Aerated) or Tamper Operator
Group 4 : Air Tool
Operator (hand operated)
Group 5 : Strike Off Man
Group 6: Form Setter
(curb, walk and
Grou Pavement )
p 7: Bituminous Worker (Raker and Luteman)
Group 8 : Powderman, Blaster
Group 9: Flaggers
ZONES 4 and 6
Group 1 : Bituminous Workers Loader, kers (Dumper, Ironer,
Shoveler, Utility Man) ; Strike: Off Smoother, Tamper,
(pavement) ; Concrete Handler; Man; Joint n Wrecking
Laborer; Guard Rail Builder; Demolition Sawer and
Laborer;
Handler; Reinforcing and Wn
Layer; andle ;e Landscaper; Multi J Steel seetbr (pavement) ;
Laborer
plate Culvert Assembler; Conduit
Group Tree Trimmer
Group 3 : Air Tool Operator Mechanical (Hand Operated) ; Vibrator or
Operator; Operated) ; Batch Truck Dumper Handler
P or Cement
GSetperr; Form
(curb, walk and nemolition Burning Torch Labore
pavement)
- • Group. 5: Powderman, Blaster
Group 6 : Bituminous Worker
(Raker, Luteman)
Group 7: Flaggers
II
1196
U.S. Department of Labor
WI89- 10
ZONE 5
Group 1 : Bituminous Workers (Dumper , Ironer , Smoother , Tamper ,
Shoveler, Loader, Utility Man) ; Concrete Handler ; Conduit Layer;
Demolition and Wrecking Laborer; Guard Rail Builder ; Joint Sawer
and Filler (pavement) ; Landscaper; Multiplate Culvert Assembler;
Reinforcing Steel Setter (pavement ) ; Stone Handler; Strike Off
Man; Unskilled Laborer
Group 2 : Tree Trimmer
Group 3 : Air Tool Operator (hand operated) ; Batch Truck Dumper
or Cement Handler; Vibrator or Tamper Operator, mechanical (hand
operated) .
•
Group 4 : Chain Saw Operator; Demolition Burning Torch Laborer ;
Formsetter (curb, walk and pavement )
Group 5 : Blaster , Powderman
Group 6 : Bituminous Workers (Raker, Luteman)
Group 7 : Flaggers
POWER EQUIPMENT OPERATORS
Group 1 : Bituminous Paver or Plant ; Concrete Breaker - Truck
Mounted (heavy) ; Crane; Derrick; Dragline; Dredge ; Piledriver;
Power Shovel ; Material Hoist ; Mixer or Paver ( 21 c . f . or over ) ;
Roller (over 5 tons) ; Stabilizing Mixer ( self-propelled) ; Trenching
Machine; Tractor, Side Boom (heavy) ; Concrete Pavement Spreader -
Heavy Duty (rubber tired) ; Hydraulic Backhoe; Asphalt Plant Engineer;
Automatic Slipform Concrete Placer; Automatic Subgrader (concrete ) ;
Batch Mixer Portable; Caisson Rigs ; Central Mixer Concrete ; Dredge
Engineer; Batch Plant Engineer (concrete) ; Central Mix Plant
(concrete) ; Percussion or Rotary Drilling Machine; Grader or Motor
Patrol ; Loading Machine (conveyor ) ; Mechanic or Welder; Heavy Duty
Equipment; Tractor (Scraper, Dozer, Pusher, Loader) ; Tugger;
Endloader; Asphalt Heater & Planer; Boatmen; Bump Cutter & Grooving
Machine; Milling Machine; Shoulder Widener; Winches & A-Frames; Tube
Finisher; Screed (Bituminous Paver)
Group 2: Mixer - Concrete ( less than 21 c. f . ) ; Pump — Concrete;
Roller - Steel (5 tons or less)
Group 3: Shouldering Machine; Self-Propelled Chip Spreader
Group 4 : Concrete Breaker & Tamper ( light ) ; Concrete Spreader;
Finishing Machine; Mechanical Float ; Curing Machine; Power Subgrader;
Joint Sawer (multiple blade) ; Launch; Roller (pneumatic tired) -
Self-Propelled; Tractor (mounted or towed compactors & light
equipment) ; Tractor - Endloader ( rubber-tired) , light ; Forklift ;
Belting Machine; Burlap Machine; Jeep Digger Mulcher; Texturing
Machine
Vol. II
1197
U'.S.'Department of Labor
WI89- 10
Group 5: Fireman; Environmental Burner
Group 6 : Air Compressor; Drilling or Boring Machine
heavy) ; Greaser, Heavy Equipment , Leadman; Tank Car Heaters .
Stump Chipper; Curb Machine Operator; Concrete Proportioning
Plants ; Generators; Mudjack
Group 7 : Crusher or Screenin Plant ;
Automatic Belt Conveyor & g ant Screed (Milling Machine) ;
Y Surge Bin; Pneumatic Tired Roller;
Farm Tractor Towed; Pug Mill
Group 8 : Oiler ; Pump [over 3" ) ; Surge Bin Drilling Machine Helper
TRUCK DRIVERS
Group 1 : Truck Drivers, 2 ,axle; Mechanics Helper, Truck
Group 2: Truck Drivers 3 or more axles; Euclids or Dumptor
units;. Mechanics
l
1 198
i f4 efer
-4
10514
CHANGE ORDra? NO. 1
TO: NORTHEAST ASPHALT, INC. DATED: August 1 , 1990
P.O. Box 1513
Fond du Lac, .WI 54936-1513
Your present contract with the City of Oshkosh, Contract No. 8 ,
is hereby amended and changed as follows:
( insert here work and/or materials to be added or eliminated and
the unit and/or lump sum price to be added to or deducted from the
contract. )
TO CORRECT QUANTITIES FROM "ESTIMATED" TO FINAL MEASUREMENT - WALKWAY EAST P'p}e ±
Section I - ASPHALT PAVING
Total Increase to Section $ 1 ,521 .45
Total n.�.,.,..case + Section (41/I 41 9 2 )
IV�.Ua UCLI uJC .O J�i.i.i vit \ti�� TfT' '�"
NET DECREASE TO ASPHALT PAVING ($12,890.80)
Section II - STORM SEWER
Total Increase to Section $ 1 ,045.15
Total Decrease to Section ---
NET INCREASE TO STORM SEWER $ 1 ,045.15
NET DECREASE TO CONTRACT ($11 ,845.65)
RecoTe ed; CI Y OF OSEKOSH
401,1 / _ , : .-_∎, By: /-4,,e.,(d24u,/
Director o Iorr. Cit;, Manager
fir/ I , .
City Clerk
Approved and. aecepteda
C ntractcr
I certify that provision has been made to pay the liability that
will accrue to the City of Oshkosh, Wisconsin, under the within
Change Order.
/-"e
Comptroller
A roved as to form:
City Attorney
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