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HomeMy WebLinkAboutGegare Tile, Inc I THE AMERICAN INSTITUTE OF ARCHITECTS ê4iIP - •AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Fifth (5th) day of June in the year of Nineteen Hundred and Eighty six BETWEEN the Owner: THE CITY OF OSHKOSH 215 Church Avenue Oshkosh, Wisconsin 54901 and the Contractor: GEGARE TILE , INC. 1337 Russet Court, P.O. Box 11574 , Green Bay, Wisconsin 54307-1574 The Project: PHASE V—A — RESTORATION & REHABILITATION THE GRAND OPERA HOUSE OSHKOSH, WISCONSIN The Architect: YARBRO—KEMPINGER ARCHITECTS , INC. PFALLER HERBST ASSOCIATES , INC. 1018 West South Park Avenue Oshkosh, Wisconsin 54901 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 1 FILE 8133/79005 — PHASE V—A • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) CARPET WORK PHASE V—A RESTORATION & REHABILITATION THE GRAND OPERA HOUSE OSHKOSH, WISCONSIN ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced within ten (10) days after final execution of this Contract and, subject to authorized adjustments, iki iOgaiR OtpbXX X8 7 KIKricK eXIMN (Here insert any special provisions for liquidated damages relating to failure to complete on time.) All work shall be fully completed on or before September 12 , 1986 . If the Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part of consideration for the awarding of this contract, to pay to the Owner the amount of $150 . 00/day, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 FILE 8133/79005 — PHASE V—A ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of FORTY THOUSAND THREE HUNDRED FIFTEEN AND NO/100THS DOLLARS ($40 ,315 . 00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Basis for Contract Sum Contractor ' s Proposal dated 29 May 1986 Lump Sum Base Bid No. 2 , accepted $35 , 735 . 00 Alternate Bid 2A, accepted ADD 480 . 00 Alternate Bid 2B, accepted ADD 1 , 200 . 00 Alternate Bid 2C , accepted ADD 2 , 900 . 00 Total of Contract Sum $40 ,315 . 00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than three (3) days following the end of the period covered by the Application for Payment ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner;Nzat >5 kaxt Eowtetimmf aec ti t;fk X ote >tooemAx4 F xtVxxxx xxxxxxxxxxx xxx) to€kS 4 m' 5tkiN Ix ti3I4 (4P2E iR , kitx* XXIM MItr l s 12KiA ikkt 4 kR xxxxxxxxxxxxxxxxxxxxxx (If not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) 10% will be retained on the value of the first 50% of the work. There will be no retainage on balance to completion. Upon determination by the Architect/Engineer that satisfactory progress has been made , payments authorized at time of substantial completion shall be for total retainage in contract except that an amount equal to twice the estimated cost to complete or correct items on a tentative list of uncompleted items shall be retained until final completion. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 FILE 8133/79005 - PHASE V-A ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 'List below the Agreement.the Conditions of the Contract(General,Supplementary, and other Conditions), the Drawings, the Specifications,and any Addenda a^d accepted alternates.showing page or sheet numbers in all cases and dates where applicable.) SPECIFICATION, FILE 8133/79005 , dated 14 May 1986 Pages Thru _ TITLE PAGE 1 Page TABLE OF CONTENTS TC/ 1 DIVISION 1 - CONDITIONS OF THE CONTRACT Federal Requirements and Regulations Equal Employment Opportunity, and Federal Labor Standards 1-11 Part II . Federal Labor Standards 1- 4 Wage Rates WR/ 9 General Conditions 19 Supplementary Conditions SC/12 General Requirements GR/ 5 DIVISION 9 - CARPET WORK Section Title 09680 Carpet Work 09680/ 8 ADDENDA No. 1 dated 23 May 1986 No. 2 dated 27 May 1986 DRAWINGS , FILE 8133/79005 Sheets C-1 thru C-10 dated May 14, 1986 Sheet C-10 dated May 27 , 1986 CONTRACTOR'S PROPOSAL, dated 6 June 1986 Pages C/1 thru C/4 , attached hereto as ATTACHMENT A ATTACHMENT B Federal Requirements Equal Employment Opportunity, Pages 1 thru 11 Federal Labor Standards Provisions, Form 4010, Pages 1 thru 3 MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA° 1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 FILE 8133/79005 — PHASE V—A IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin has caused this Contract to be sealed with it' s corporate seal and to be subscribed to by it' s City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto sets it' s, his or their hand and seal the day and year first above written. In the presence of : CONTRACTOR GEGARE TILE, INC. v. .- z O,rr t - AWL . By EJames . G are Title President (Seal of Contractor - if a Corporation) OWNER CITY OF OSH SH, WISCONSIN / k i `( - '�/ ,'� �;,�,t� BY / ' i liam D. Frueh, City Manager t� `C`C' �' C""l:.1� By kiti'/144) ( . ,�,(�I,(.[.- / , j Donna C. Serwas , City Clerk I hereby certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under this Contract. (Seal of City) City Comptroller App',oved as to form . d execution City Attorne I FILE NO. 8133/79005 - Phase V-A 5 TTACf T A 8133/79005 (SUBMIT IN DUPLICATE) C/1 Phase V-A BID FORM PHASE V-A CARPETING AND SEATING WORK RESTORATION AND REHABILITATION THE GRAND OPERA. HOUSE FOR THE GRAND OPERA HOUSE BOARD THE CITY OF OSHKOSH, WISCONSIN BIDS CLOSE : 11:00 A.M. , 29 May 1986 - AT: City Purchasing Office Room 312, City Hall Oshkosh, Wisconsin TO: City Purchasing Agent City of Oshkosh, Wisconsin AMXDOMMAWANNO WE GEGARE TILE , INC. (A Corporation) XNKANIONk4O of 1337 Russet Ct . Street P .O. Box 11574 Green Bay , WI 4101-1574 (414) 434-3106 City, State and Zip Telephone Number hereby agree to execute proposed contract and to furnish a satisfactory Surety Bond in the amount specified and to provide all labor and materials required to complete the construction of project designated above, for prices set forth below, in strict accordance with Contract Documents prepared by Yarbro-Kempinger. Architects, Inc. and Pfaller Herbst Associates, Inc. , 1018 West South Park Avenue, P.O. Box 2096, Oshkosh, Wisconsin 54903, File No. 8133/79005 Phase V-A, and dated May 14, 1986. 3 SEATING WORK BASE BID NO. 1A: Type A Seating Work for the sum of Dollars ($ 8133/79005 C/2 Phase V-A BASE BID. NO. 1B: Type B Seating Work for the sum of Dollars ($ ) BASE BID NO. 1C: Type C Seating Work for the sum of Dollars ($ ) UNIT PRICES (Applies to Base Bids 1A, 1B and 1C Work only. ) 1. For each Type A Seat with one floor mounted standard $ 2. For each Type B Seat with one floor mounted standard $ 3. For each Type C Seat with one floor mounted standard $ CARPET WORK BASE BID NO. 2 : Carpet Work for the sum of Thirty-five thousand seven hundred thirty-five and no/100 Dollars ($ 35 , 735 . 00 Substitute J & J Echelon 30 oz . carpet in lieu of 44 oz . -DEDUCT- $ 2 ,380 . 00 . ALTERNATE BID NO. 2A: If carpet borders are added to the Historical Lobby carpet work, add to Base Bid No. 2 the sum of -ADD- Four hundred_ eighty and no/100 Dollars ($ 480 .00 ) 8133/79005 C/3 Phase V-A ALTERNATE BID NO. 2B: If carpet borders on stairs and landings and Alternate No. 2A Historical Lobby carpet borders are modified, add to Base Bid No. 2 , the sum of -ADDS One thousand two hundred and no/100 Dollars ($ 1, 200. 00 ) ALTERNATE BID NO. 2C: If Type.. II carpet is changed from 30 oz._ weight to 45 oz. weight, add to Base Bid No. 2 the sum of -ADD- Two thousand nine hundred and no/100 Dollars ($ 2 .900 .00 ) ADDENDUM RECEIPT We acknowledge Receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE #1 5-23-86 #2 5-27-86 COMMENCEMENT AND COMPLETION The undersigned agrees if awarded the contract, to commence the contract work on a date to be specified in a written Notice of Contract Award, in accordance with Article 30 of Supplementary Conditions and to substantially complete the work as follows: Carpet Work - on or before September 12, 1986 Seating Work - on or before September 26, 1986 8133/79005 C/4 Phase V-A Accompanying this Proposal is 5% BID BOND certi ied ccT, bid bond, etc. in the amount of ($ ) as called for in the Instructions to Bidders. GEGARE TILE , INC. ame o Corporation, s .matting Bi. 10-turet James J. Gegare President (Seal - if Bid is by Title, if any Corporation) READ NOTES BELOW BEFORE SIGNING NOTE 1: This bid will be rejected if the Bid Form has been altered or changed in such a way that it incorporates un- solicited material, either directly or by reference , which would alter any essential provision of the contract documents or require consideration of unsolicited material in deter- mining the award of the contract. NOTE 2 : If this bid is not accompanied by a bid guarantee, it will be considered NO BID and will not be read at the bid opening. 3 ATT,a C 1.4 ENT E - PART I. 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: • (I) 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 • 1 action shall include, but not be limited to, the following; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided setting forth the provisions of this non- discrimination clause. (2) The contractor will, in all solicitations or adver- tisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin. • (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract Or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applications far 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. 2 (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. • • 3 • • 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 a. PUBLISHED SEPTEMBER 7, 1979 Goals for Minority Participation in Each Trade - .9% 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 on its implementation of the Equal Opportunity Clause, specific affirmative action ob- ligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solici- tation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. .Com- pliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,00 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the Appleton-Oshkosh SMSA (including Winnebago and Outagamie Counties). 4 • 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 (all persons having origins in any of the original peoples of Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solici- tations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in the covered area either individually or through an associa- tion, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accor- dance with that Plan for those trades which have unions parti- cipating in the Plan. Contractors must be able to demonstrate • • 5 • • their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. • 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours-of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially • uniform progress toward its goals in each craft during,the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the •non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be/employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the V.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 6 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 7 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 • 7 (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). • 9 • 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any per- son because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Oppor- tunity Clause, including suspension, termination and cancella- tion of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implement- ing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended, 13. The Contractor, in fulfilling its obligations under these speci- fications, shall implement specific affirmative action steps, at least as extensive as those standards predescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Con- • tractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried_out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, appren- tice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be main- tained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application or requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 10 • 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. • • 11 A. FORM 4010 • Federal Labor Standards Provisions U.S. Depaah«ht a Hawing and Urban DeveiopmaK • 1r Apf�t:•fti•l► The Prates or Program to which the eonstnjcnon work covered by this HUD or its designee shall refer the quesdora.including the views or as contras pains is being assisted by the United Sates of America and the interested parties and the recommendation of MUD or its designee.to the Waving Federal Lam Standards Provisions are included In this Contract Administrator for determination.The Administrator.or an authorized repro- pursuant 10 the provisions applicable to such Federal assistance. sanative.will issue a determination within 30 days of receipt and so advise A.1.(1)Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will nobly HUD or its designee within the 30-day irg upon the site of to work(or under the United States Housing Act of period that additional dm*is necessary.(Approved by the Office of Man- 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the praised.will be paid unconditionally and not less often two once a (d)The wags rate(including fringe benefits where approprteeei week.and without subsequent deduction or rebate an any account(except determined pursuant to subparagraphs(1)(b)or(c)a this paragraph,shah payrse deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con- Secretary of Labor under the Copeland Act(29 CFR Part 31 the full amount tract from the first day on which work is performed in die dassdication. of wages and bona fide fringe benefits(or cash equivalents thereof)due at (W)Whenever the minimum wage rate prescribed in the contract for a time of payment computed at rates not teas than those contained in the class of laborers or mechanics includes a fringe benefit which is not wage deno mhiraton of the Secretary of Labor which is attached hereto and expressed as an hourly rater the eonaacoor shell either pay the benefit as metre a pre hereof regardless of any contracture'relationship which may stated hi the wage determination or shed pay another bona fide fringe be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereon mechanics.Contributions made or costs reasonably andcipeted for bona (v)If the contractor does not make payments to a trustee or other third fringe benefits under Seaton 1(b)2)of the Davis-Bacon Act on behalf person.the contractor may consider as part of the wages of any laborer cr of laborers or mectamics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated it providing mechanics.aubjeet to the provisions a 20 CFR'S W(1)Ov) also`regular bona fide fringe benefits under a plan or program.Provided.That the conait bons made or costs incurred for more than a wieldy period(but Secretary of Labor has found,upon the written request of the convector. not lees often then quarterly)under plans,funds,or programs.which cover that the applicable standards of the Oavis-Bacon Act have been met The the partariar weedy period are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate mired during such wieldy period account assets for the meeting of obligations under the plan or program. Such laborers and mechanics shaft be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control and fringe benefits on the wage detertmisaon for the classification of work Number 1215-01404 searafiy performed,without regard to skill.except as provided In 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon Part 5.5(a)(4}Laborers or mechanics performing work in more than one written request of an autorized representative of the Department of Labor dmilntion may be compensated at the rate specified for each classifies- withhold or cause to be withheld from die converser under this contract or ton for the time actually worked tereirt Provided.That the employers pry- any other Federal contract with the same prime contractor,or any other roll records accurately set forth the time spent in each dassificadon In Federally-assisted contract subierx to Davis-Bacon prevailing wage which work is performed.The wage daemil edon(including any additIonal requirements,which is held by the same prime contractor so much of the won and wage rates conformed under 29 CFR Part 5.5(a)(1Kfi1 and accrued payments or advances as may be considered necsesary to pay the Dav+s-8econ poster(WH-1321)shall be posted at all ernes by the con- laborers and mechanics,Including apprentice,trainees and helpers tacsor and Its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages accessibb place where it can be ea*seen by the workers, required by the contract in the event of failure to pay any laborer or (II)(a)My class of taborers or mechanics which Snot listed in the mechanic.Including any apprentice.trainee or helper.employed or waning wage detsmhiraticn and which Is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or be classified in conformance with the wage detenninabon.HUD shall under the Housing Act of 1949 in the construction or development of the approve an additional cassfication and wage rate and fringe benefits therefore only when the following criteria have been met nee ma.as or part a to wages required by the contract HUD n its d wig- nee may.after written notice to the COn1reC�f sponsor.applicant or owner. (1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any performed by a dassificafion in tie wage deentdretonn and further payment advance,or guarantee of funds until such violations have (2)The classification is utilized in the area by Cie construction ceased HUD or its designee may.after written notice to the contractor.die- industry;and burst such amounts withheld for and on account of the contractor or sub- (7)The proposed wogs rata including any bona fide fringe bane- contractor to the respective employees to whom they are due.The Camp- lfa beers a reasonrlble relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct wage determination. Davis-bacon Act contracts. (b)lf the contractor and die laborers and mechanics to be employed 3,m Payrolls and basic records.Payrolls and basic records relating in die classification(lf known),or their reprerhtstves,and HUD or its thereto shall be maintained by the contractor during the cc use of the work designee agree on to css,ificadonn and wage rate(Including the amount preserved for a period of three years thereafter for all laborers and designated for binge benefits where appropriate).a report of the action mechanics waiting at the site of the work(or under the United States Moen ship be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937.or under the Housing Act of 1949.in the construction and Hour Division.Employment Slumlords Administration,U.S.Department or development of the project).Such records shall contain the name. of Labor.Washington.D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her c ar- reQta 4.tstiw,will approve,modify,or disapprove every additional dassill- red claseficadon.hourly rates of wages paid(including rates of contribu- cation action within 30 days of receipt and so advise HUD or its designee dons or costs anticipated for bona fide fringe benefits or cash equivalents or wfii nobly HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(S)of the Davis-bacon Act), time is necessary.(Approved by to Office of Management and Budget daily and wieldy number of hours worked deductions made and actual under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5 (e)in the even,the contractor,the laborers or mechanics to be (a)(1 Kw)that the wages of arty laborer or mechanic include the amount of emoioyed in the daasifiaWon or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro- designee do not agree on the proposed asseeeaeon and wage rate gram described in Section 1(b)(2)(13)of the Davie-Bacon Act,the contractor (including the amount designated for tringe wields.where appropriate), shall maintain records which show that the commitment to provide such Previous moon is Obsolete HUD-4010(2441 1 MB 1344.1) thu i is plan or program m Ily reeponsmbla apprentice.The allowable Mkt d *i ai ou the via t andvita is e plan or program has been communicated in wring to the In any craft daamifICabdn shall not be grMw end that or pier or cs affect as to the entrre work fad under its registered Drogue Any laborsre or mechanics atawd and records which show the etas end- � at an spprentid wage��who is not registered p�or the scowl cost Owned In pro'riding suer benefits.Contractors worker Ibad a payroll sated above.shwa be paid not lass of a the ernoloying apprentices or trainees under approved programs shall maintain or otherwise employed k+atiorm for Me t lees Man that waxen evidence of the regieration of apori^a�ni0 Program's and carat' applicable wags rate on In wage d any inseontiu Oir1 la ski MOB on cation of trtietee proglarma.ant registicttiam d the apprerh *e and trainees. work actually Performed. ,the registered program the ratios and wage rates prescribed in the applicable Prograr^s. the lab site in excess of me rado permitted a raw on at.wage detarmi• App roved by the Office of Management and Budget under OM8 Control shall be paid not lawman Where a contractor is performing . nation for the work actually performed. MMnbers 12he cont and shall submit for each week in which any construction on a project in a locality other than Mat In which ill Program le The contractor scar submit weMdy raw(expressed in percentages' contract work is preformed a copy of all payrolls t0 HUO or Its designee if registered.the ratios and wags Subcontractor's - the agency is a party to acs contract but a the agency is not such a parry. neyman's hourly rata)specified in the conracears or teed program shall bt observed.Every aparen a must be paid at not ate convector we submit the parsons m me or Its nt. or owner. , l in I e Event'and program for the apprenaee's e the east may the for crass transmission m HUO p or Its all i t e information The a level of progress.expressed as a percentage of the�m�en hourly rate requi ed t anemic out ed un e r 9 C R Pit 5 51 aY a time Is is o m ed in the applicable wage determination.AP�e shall be paid required to b.maintained under 29 CFR Part SSlal(3Kf).Tula information std of the aoPe*^aV"�ip may be submitted in any fosse desired.Optional Form Wt4-347 is available hinge benefits in accordance with me of Its hinge benegtt and may be purchased of�+a- program.r rte apprenticeship program to tills purpose from `�Printing apprentices must be paid the lug amount of binge benefits listed on Its mews 1Fed*rel stoat wooer x24-003.0001 L for the well.dsterrhinaarxm ter the appliioble °"It the Administrator Office sion i^copies puree The Prim.contra la Ap p roved a that a different predca meads for ate applicable aopeenece submission d copi*s d purees by ter under OB C n iN.a nerd ah. ddyileaban.hinges shall be paid in accordance wilt Met demmenseon.in Owe 1 Management and Budget under OfNf!Coned Number the event ate Bureau of Apprenticeship and Training,or a Seats Appmrm- 7213.Ot aR1 a"S �of ticeship Agency recognized by tits Bureau.withdraws approvel of an (b)Each payroll submitted snag be accompanied by air no longer be permrtisd to utiAse Compliance'signed by the contractor or subcontractor or his or her agent apprentiCtp than ate appgabte will predetermined o longer rats o for the work who pays or supervises a»payment a the parsons employed under ace dpre^ an acaapr�le program is � to pared for Me pa contains ate infonnaeon ' (5) it 29 CFR 5.18.rainees will not be eaemr*et and shag certify Traiemee�F�caept as provided (11 That the ied u toe act CFR period to work at less than the predetermined rase for me work per- information to be mriect y d under 29 CFR Pant 5.5(aN3>p1 old acct=eh formed unless they are employed pursuant to and Individually registered in (2 is tie each and arer en ac a Program which has received prise appravel.evidenced by formai cared- Gq The srtet h employed a on the contract+fig ng t epK n on�tf s US Depart mment of labor.Employment and Traning hesrbeen P add rained employag s ter d w during tee paysoa period seinen.The nob a trainees to journeymen on me job site evil not be or been paiaact tug no deductions wages earned without rebate either enter directly thin P��under the plan approved by ate Emoloyment and or indrseay.and scat rw deductions haw been made either dretiay or indl- greater trainee must be cold at�less than the rasa forilt from tot fug wage earned.other act Deen+iswbM deductions as sat In the approved program for me trainees level of progress. kortim in 29(3) fl Part 2 a the journeyman hourly rate spoofed in she CA That each falter or rr+*elcanie has been paid not lee act she expressed as a�°� Trainees snail be paid fringe D°^elks in e porcable wage rate and binge benefits or cash egteedent+for the dam with determination.of the trainee be pa program.i the mits mo- tion▪ of work pertenned.as mpedfied in the apples wags determine- accordance benefits,trainees shall be paid awns*full lion inn or her w IMO,u milmi contract amount of hinge benefits listed on the deg.determination uniess me ce1 The reverse meal Opti n of a int W ly 341 shed certification set Administrator of the Wage and Hour Division determines scat there is an requirement re en reverse miss o Of me Raiment of C shag nattily she app aatsP programs associated with the cortsoandi^g lourn.yma^ regagraPhrm sex submission of ion."Statement of Complfarcoe�Iaquietd by • wage ram on me wage determination which provides for leas titan full (dl The of this stctibm benefits for apprentices.Any ermgoyee Iistd on the payroll at a tilt or u conation r any of the above doifscu ion ndy subject the met rate who is not registered and pe�pab^g in a training plan Me subcontractor to dvi or criminal prosecution S under Section and Training shag be paid not 1001 of Me 1s3 end Section 231 of Tate 31 Of Use United Stave Coda approved by the Employment the a detaminatiac for the dark i Mil The caraactor or mubecr tar=e shell make the records required lee titan the appecabi 'mss tram. performing g termi'rlc on she e b site under paragraph A.W d e is meeaol available for inspection.copying,or actually performed.In addition.any she registered Program Oaf job be Cod aanx.+alon by authoized r of HUD or its designs*or the in excess of the rata Def^r vies.on the wage determination toe at. Department of Labor.and shall permit weft repree^ not less man the applicable wags W interview In a7•event Me Employment and Training Admn- er oloyees during working hours on the lots l the contractor or mubcon- work actually Performed the contractor will r tractor tails to submit ale required records or to make ahem available.HUD isration withdraws approval of a raining progra^L after written note*to me conractoi sponsor.apply- longer be permitted to utilize trainees at less than ate applicable predstsr- ' or its designs*may. to cause ate sus. mined raw for she work performed until an aeeeptsplt program is i caret.ter owns.tai*such action as may be necessary of funds.Further- approved pension a any further��,advance.or guarantee opportunity.The utilization of appx*mtiea more failure to submit me required records upon request or to make such trainees and j e m iern under btu par shell be in Ctt of apps with vie r CFR 5.12ble may be grounds for debarment action pursuant to 29 equal employment opportunity requirements of Executive Omer 11248,as 4.5)Apprentices I CFR Par 512 will be amended.and 29 CFR Part 30. with Copeland se.The contractor shall and Trainees.Apprentices.Apprentices Act reauYeme mimed to work vtan the predetermined rats for ate work they per- S.Compliance ma 29 CFR Part 3 which are irteomporatea by fanned wren me are encoyed pursuant to and individually registered in a comply wilt me requerem.^es bona fide apprenleaship program registered with time U.S.°apartment of reference in contractor or subcontractor will inert in any sub- labar.6nploy^s*rm and Training Adrtrattsoaban.Bureau of Apprenticeship in 29 CFR 3.540(11 through(101 and sub- and Training,or with a State Appre^hlCid iP Agency recognized by me connects me clauses eond^*d other clauses as HUD or its designee may by appropriate instructions ■ in his or her first 90 days of probationary and also a clause requiring the subcontractors to include mess Bureau.or if a person is=censor in e:enie program who is feotLfe real n rndu dy an a erect in ie prog an apprerm pt* Causes in any lower tier subcontracts The grime contractor snail be not t au at usmly registered in me Program but who has been certified g by remoonsille for ivies comdianea by any suDCOl ttraetor or rower tier acetone Bureau of Accrenacesnio and Training or a Stains Apprennceenro Agency tractor won ail ohs contact causes in 29 CFR Part 5.5. (wrens acorconaral to oe erigrt to for probationary emProYn1ent as an 2 HUO-t010 I2 841 • 7.Confrere to nnYntlors debarment.A breach of the contract clauses in penssbon at a rate not less than one and one-that(drives the basic rata of 29 CFR 15 may be grounds ken terminbOn Of the CantraaL and kit Sa0ar. py for all haute worked In mail Of eight hauls In any Calendar day Or In mart as a contactor and a subcontractor as provided In 29 CFR 3.12. excess of forty hours In such workweek whichever is great. L Compliance waft Davis-Bacon and Related Act Requirements.All rut- (2)%flotsam Aabli ty for unpaid wages liquidated damages hi the ings and I narp..t.uahs of the tisne4lecon end Railed Acts contained in event of any vlotaeon of the clause set forth in subparagraph(1)of this 29 CFR Pans 1.3.and 3 are herein incorporated by reference in this paragraph,the contractor and contract any subcontractor reaponsibfe therefor shave �-�putea nxneermig labor etendsrde.Dbputp be liable for the unpaid wages.In addition,such contractor and subcon- arising out of the labor tractor shad be liable to the united States(In the case of work done under standards proviions of this contract shall not be sublet!to the general contract for the District of Columbia or a territory,to such District or to such dboulea clause of this contract.Such disputes*hail be resolved in scow- story).for liquidated damages,Such liquidated amigos shalt be corn- dance with the procedures of the Otannont of Labor set forth in 29 CFR puled with respect to each Individual laborer or mechanic.including meaning of this clause include die- watchmen end guards.employed in violation of the clause set forth in sub- orns designee.the U.S ooff Labor,oar thetne�their or its which such Individual of idu l asrrequ in the sum of ed to for each alcess day on t reoresrrtativ+s. which such individual was required or permitted m work in excess of eight 11L(I) of hours or in excess of the standard workweek of forty hours without pay- Eiglbi y.By entering into this contract the con- merit of the overtime wages required by the clause set forth In subpara- tracsor carries mat neither it(nor he or she)nor any person or Ann who graph(1)of this paragraph. has an interest is the contractor's Arm is a person or Arm ineligible to be (3)WIt hlheldirg for unpaid wages and liquidated damages HUD or Its ahwrtted Government contracts by virtue of Seaton 3(s.)of the Davis- designee shall upon its own sedan or upon written request of an atom- Bacon Ad or 29 CFR •12(01)or to be awarded MUD cuneecle or p.Nd- Azad representative of the Oeperattent of Labor withheld or aewe to be pale in MUD programs pursuant to 24 CFR Part 24. (lq No part of this contract shill be subcontracted to any Person or fire from arty�a renders on account such cot work performed a by the ineltgr�te for award of a Government contract by virtue of Sec5on 3(a)of contractor with subcontractor prime under a ct such any contract a any other Federal the Davis-9aeort Act or 29 CFR 3.1 contract with the sartne Grime contract or any other Federally-assisted eon- s Ortlei-B a in MUD 2(al(1)or b be awarded HUD contracts tract sub(ect to the Contract Work Hours and Safety Standards Act which programs s pursuant to 24 CFR Pert 24. is held by the same prime contractor such sums as may be dairymaid to (U)The penalty for making false statements is prescribed in the U.S. be necessary to soh arty Hankies of such contractor or subcontractor Criminal Code.18 U.S.C.1001.Addtorsiy,U.S.Unmet Code.Sector for unpaid wages and liquidated damages as provided in en clause set 1010,The 18.usG."Federal Mousing Adminheration trarescdons",pro- form hi subparagraph(2)of this paragraph. min of such Administration. . .purpose of. . Jrauencig hi any way Si. (4)Subcontracts The contractor or subcontractor shed insert in any mattes.utters ar publahes any statement subcontracts the causes set forth hr subparagraph(1)through(4)of the knowing the same to be fates . . shall be fined not more than$3,000 or paragraph and also a clause requiring the subcontractors to include rhea imprisoned not more than two years or both." chases in any lower der subcontracts Tine prime a r raetor shall be t1.Compfeihts,Proceedings,or Tesemeny by Employees.No labor or responsible for compliance by any subcontractor or lower ter subtonic- mechanic to whom the wage.salary,or other labor standards provisions of for with the reuses at forth it subparagraphs(1)through(4)of this this Contract are applicable shall be discharged or in any other manner paragraph. discriminated against by the Contractor or any subcontractor because such C.Health and Safely employee has flied any complaint or inettuted or caused to be kaftan (1)Na laborer or mechanic shall be required to work in surroundings under or proeeed4g or has teethed or is about to testify In any proceeding or under working conditions which are unsanitary,hazardous.or danger. his nesting to tie labor standards applicable under this Contact to out to his health and safety as determined under construction safety and empioyer. health standards promulgated by the Secretary of Labor by reguisbon. B Contract Work Hats and Safety Standards Ad As used in this papa- (2)The Contractor shall comply with as regutators issued by the graph,the terms'laborers"and'meth ices"include watchmen and Secretory of Labor pursuant to Title 29 Part 1926 15151 and guards failure to comply may result in imposition of sanctions pursuant to the Con- (1)Owen requirements.No contractor or subcontractor contracting tract work Hours and Safety Standards Act(Public Law 91.34.83 Slat 96). forK of laborers ontract work shad �l require or helve the employ- (3)The Contractor shall include the provisions of this Article in every require or Permit any such labor*,or subcontract so est such provision will be binding on ach meths..ic in any workweek in which she b employed ke ployed on such work he Contractor shall tart such action with respect to subcontract as subcontractor. to wok In excess of eight hours in an calendar day or in excess of forty the Secretary of Mousing and Urban Development or the Smarty of Labor hours in such workweek unless such laborer or mechanic receives tom- shell direct as a means of enforcing such provisions. • • • 3 HUD•40101244) mss, 4114 WISCONSIN SOCIETY OF ARCHITECTS �� THE AMERICAN INSTITUTE OF ARCHITECTS %1 '�►��• V im a' WIS. AIA DOCUMENT now w JULY 1980 ED. WIS. A312 2 a PUBLIC IMPROVEMENT PERFORMANCEILABOR AND MATERIAL PAYMENT BOND d THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT A TO SECTION 779.14 WISCONSIN STATUTES. EA KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) GEGARE TILE , INC. P.O. Box 11574 , Green_ Bay , Wisconsin 54307-1574 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) STATE SURETYYCOMPANY pp u'y?autRR oed1 17d6licenna t Mdusess ln°t W ie Stat5e0of 0W sconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) THE CITY OF OSHKOSH ec Osh kosh, Wisconsin as gCh, t rh f vat�lled Owner, for the use and benefit of claimants as hereinafter provided in the amount of Forty Thousand three hundred fifteen and no/100--E lamm ( ,315. 0Q, (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June 5 19 86, entered into a contract with Owner for in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. c PUBLIC IMPROVEMENT 8 PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES trl WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE 1 Copr. 1969 Wisconsin Society of Architects/AIA 615 E.Washington Ave. Madison.Wis. 53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 10th day of Jun , 19 86 IN THE PRESENCE OF: GEGARE TILE, IN9. By ' ; 1��. � ✓t.- (Seal) Witness Tide: STATE SURETY COMPANY Name of Surety (.4.-4.2 By: S_ __ i - ./ Lam_- tL , _ (Seal) Witness Tula - Attorney-in-Fact APPROVED BY* IN THE PRESENCE OF: ,� erry r twiiKcs6 Owne e By' dJ 1 (Seal) Witness ft-v CLe72it Title: 6 nt /AA lJ4&C=72 *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.A1A DOC.WIS.A312 JULY 1980 ED. PAGE 2 , . • j STATE SURETY COMPANY Des Moines, Iowa . POWER Of ATTORNEI 1-. -- KNOW ALL MEN BY THESE PRESENTS. That STATE SURETY COMPANY, a Corporation organized and existing under the laws of the State of Iowa, doer make, constitute and appoint K, OAV 1 D EEL OHAU SE N RO CHER T A . PI EtiL LAURE LTA LE ME NsE GALcN J. VINCENT GARY G . VINCENT C.,“E.e.N tiAY . 64 I Its true and lawful Attorney(s)-in•Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver arid atfix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as 101IoWS. ALL WRITTEN INSTRUMENTS IN AN. AMOUNT NOT TO EXCEED AN AGGREGATE OF Two HUNDRED FIFTY THOUSAND . I $250.000 / — FOR ANY 5 N GL E OBL I GA T I ON. REGARDLESS OF THE NUmEIER OF I NSTRustENT S ISSUED FOR THE Ot3L I -GA T I UN. and to bind STATE SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appoint ment is made under and by authority of the following provisions of the By-Laws of the company,:which are now in full force and effect: Section 1, Article 11: The Chairman of the Board, the President, any Vice-President or any Assistant Vice-President, the Secretary or any Assistan Secretary or the Treasurer shall have authority to issue bonds, policies or undertakings in the name of the Company The C,tiali man of the Board,the Presi dent or any Vice-President, or any Assistant Vice-President, in conjunction with the Secretary or any Assistant Sect clay may appoint attorneys'-in-tact(1 agents with.authority as defined or limited in the instrunieni evidencing the appointment in each case, fur arid on behalf of the Company to execute am deliver and to affix the seal of the Company to Bonds, undertakings, recognizances,and suretyship obligations of all kinds: and said officers may.centaur any such attorney-in-fact or agent and revoke any power of attorney granted to such person. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully arid amply,to all intent! and purposes, as If such borifl had been duly executed and acknowledged by one of the regularly elected officers of the Company in their own properper son. This Power of Attorney or any certificate thereof may be signed and sealed by facsimile under and by the authority granted by Section I, Article If • .Paragraph 3 of its By-Laws to wit: • ''The signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, ano such signature and seal when si used shall have the same force and effect as though manually affixed." . . It is certified by the officers signing that the foregoing is a true copy of Section I,Article II of the By-Laws of said Company, duly adopted and recorded,ani is now in force. • IN WITNESS WHEREOF, STATE SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed thi: 1 6 T" day ot JULY . ,ig .t-1S RC,V ,„ .1....6 .74:._.,..,.., STATE SURETY COMPANY , .. :: • i.ii SM ilir "f" " 14t .L. . e, .4 , . —^", .0, --'--"----- .v.--Secretary Vice Presiden STATE OF IOWA, COUNTY OF POLK—ss oTH 1 JULY KENNETH t\_.!\JELSON ______ an( (In this day of , ,i9_ . !_., personally came before me, DUANE R. DuBOIS , to me known to be the individuals and officers of the STATE SURETY COMPANY .. . who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn, did severally depose and say:that the are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, arid that said corporate seat anc their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.•. . . , . . - • • . . - (1°'9''AL% DEBRA S. NORING• .• .---, , ,.., MY COMMISSION ExPIRE$f irm.. * * — '----- Notary Paiiii - ... . `ovic^ --- I • My Commission Expires ,_______91,z CERTIFICATE • I,the undersigned, assistant secretary of the STATE SURETY COMPANY, CERTIFY that the foregoing and attached Power of Attorney remains in full forcr and has not been revoked;and furthermore,that the provisions of the By-Laws of the company and the Resolutions of the hoard of directors set forth in the Powe of Attorney, are now in force. • 10th .._ .... Signed and sealed at the City of Des Moines this day ol_ 9 June . 86 4., ' 040-332 4?:abe"4 /4044"4101#41011t . , CORPORAIE . 5 .- - SRAT, Assistant etre ar — S-1- , . Tws rs,o(7‘,!,, -- -, 17, --,-7-,-,.,-. ',,:-T•ki a i-Ot.0 ll E rii P.?