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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 _ _ 2•-1 CO OD V 01 VI A Co N 0< W N 3 rn m 3 Cn m m a M to -1 M C7 to r- > GI V a V a C7 m DC •O O - rn --I - c- _a a 1 N CD N C 0 D, a 2 = 0 fD • C S S N a CD ID •-• N 2 N -1 r- O C+d ■+a 7 < 3 3 to r+ a CO r+ 0 0 •- -- • 0 • • CD C5/ CD fD 1 r+ 0 7 C VI 7 r• 7 f+ 0. c 0+ 7 7 O -1 a. 53J) CD 3 r+ C+ D -5 3 CD n 0 01 0 n Cl CA 0 (n 3 1 fD .. tit 0 --II 7 -0 N -l 7' 0 Cl 0 0 .• -5-1 fD 2 CD CD V) til•-• 0 0 c+ O O 7 O 0 D 0/ CD F -I 0 0 0 •-• Cu 7 7 N (D -A O r- m C CD O 0 7 CD 0 Cl n N < -I co 0 -1 70 CI.••- • 7r CD CD C7 -1 Cu C'1 -5 • 3 3 DC CD CD a - -0 A 17 a 0 r• CA Cl 7 . a • a Cl, 17 4/1 -1 CD CD CD C CO < 0 a fD rn 0 01 e+ cr -0 •■ -I CD 9 Z < 3 17 to 0 fD 2 -s rn CD 7c 0 "f C • 0 0- O -1 C7 0 ."O 3 CO 7 0 fD 2 f 7 N -3 -A 0. -1 '< -5 In ▪ 7 7 tO . 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