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HomeMy WebLinkAboutValley School & Office Supply/Grand Opera House 6/5/1986 i THE AMERICAN INSTITUTE OF ARCHITECTS , 4-0 g- • III��MI �\411,I 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: VALLEY SCHOOL & OFFICE SUPPLIERS , INC. 237 South Curtis Road West Allis , Wisconsin 53214 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.) SEATING 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,Xk 'sKlitIcarn IONIC XIKal 1 (tX# 2,K1 K (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 26 , 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 $200 . 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 EIGHTY FOUR THOUSAND EIGHT HUNDRED FORTY TWO AND NO/100THS DOLLARS ($84 , 842 . 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. 1C, accepted $84 , 842 . 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 ( g 0 %) 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; axotx lic ib'i jt etho Nfxtlleciakci]reXMt&k, >xsxrz at xaxixoc tiwx xtoxxxx xxxxxxxxx xxp cex xxxXttcacx5c # sm a vruxeCAxki t ad d eacanIMxicoak ixo le ata-kx pmof1} bdolnys}i Doxilicotkixxbexantmatx R XII NBCxxxxxxxxxxxxxxxxxxxxxx (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: (C;st 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 12 - SEATING WORK Section Title 11100 Seating General Conditions 12700/ 7 12730 Type C Seating 12730/ 6 ADDENDA No. 1 dated 23 May 1986 • No. 2 dated 27 May 1986 DRAWINGS , FILE 8133/79005 Sheets S-1 and S-2 dated May 14 , 1986 CONTRACTOR'S PROPOSAL, dated 6 June 1986 Pages C/1 thru C74-7 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 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 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 VALLEY SCHOOL & OFFICE SUPPLIERS ,INC . .LL!I+ �� `I. �Irohlw By John Spalding ir 11 Title Chairman of the Board (Seal of Contractor - if a Corporation) OWNER CITY OF OSHKOSH, WISCONSIN 14 PAS,_..C\■,_Ct, _ l<'; , kJ(.3-1.4 r ! �9 WiLliam D. Frueh, City Manager �l i r C'l4-` 'r BY �'Lu[./ iu ''1� utha 7 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) ELL , (I 0J�. City Comptroller Approved as to form an• execution ilk J. /. 1A 1_ �t�!1 ii City Attorney FILE NO. 8133/79005 - PHASE V-A 5 ATTACHNIGHT 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 (A ix1fidiiiIMAI) (A Corporation) WE Valley School & Office Suppliers, Inc. (Axtartmaxghlp) of 237 S. Curtis Road Street West Allis, Wi. 53214 (414) 771-1106 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. SEATING WORK BASE BID NO. 1A: Type A Seating Work for the sum of Dollars ($ No Bid 8133/79005 C/2 Phase V-A BASE BID. NO. 1B: Type B Seating Work for the sum of Dollars ($ No Bid ) BASE BID NO. 1C: Type C Seating Work for the sum of Eighty-Four Thousand, Eight Hundred Forty-Two and 00/100 71Do7.lars ($ 84,842.00 ) UNIT PRICES (Applies to Base Bids 1A, 18 and 1C Work only. ) 1. For each Type A Seat with one floor mounted standard $ No Rid 2. For each Type B Seat with one floor mounted standard $ No Bid 3. For each Type C Seat with one floor mounted standard $ 1_99_9c CARPET WORK BASE BID NO. 2 : Carpet Work for the sum of Dollars ($ No Bid ) ALTERNATE BID NO. 2A: If carpet borders are added to the Historical Lobby carpet work, add to Base Bid No. 2 the sum of Dollars ($ No Bid ) 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 Dollars ($ No Bid ALTERNATE BID NO. 2C: If Type carpet is changed from 30 oz._ weight to 45 oz. weight, add to Base Bid No. 2 the sum of Dollars ($ No Bid ) ADDENDUM RECEIPT We acknowledge Receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE 1 5-23-86 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 Bid Bond Ct4tt�c$c i on , etc. in the amount of 5% of maximum ($ ) as called for in the Instructions to Bidders. Valley School & Office Suppliers, Inc. ame o Corporation, Partners ip or Person su.mitting Bi. Signature (Seal - if Bid is by Ti 1� e, 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. ATTACH E B • 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: (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 forma 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 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. 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) µ -' 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" set 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 - .9% Goals for Female Participation in Each Trade - 6.97. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) per- formed in the covered area. - The Contractor's compliance with the Executive Order and the regu- lations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action ob- ligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solici- tation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Com_ pliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,00 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the Appleton-Oshkosh SMSA (including Winnebago and Outagamie Counties). 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 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 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- . for 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 and female employees at least once a year; and by • posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any respon- sibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory per- sonnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and main- tained identifying the time and place for these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom_ the Contrac- tor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and writ- ten, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organiza- tions serving the-Contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the • openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women, and, where reasonable, provide after school, summer and vaca- tion employment to minority and female youth both on the site and in other areas of a Contractor's workforce. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for pro- motional opportunities and encourage these employees to seek or to prepare for, through appropriate trianing, etc., such opportunities. 8 • (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, sax, 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 implemer.T.- 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 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 ether 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 a of Housing /.� r �aoiea�lr The Prole=or Program lo which the construction work covered by this HUO or its designee shall refer the questions.including the views of all contract pertains is being assisted by the United Steles of America and the interested parties and the recommendation of HUO or its designee.to the following Federal Labor Standards Provisions are induded in this Contract Administrator for determination.The Administrator.or an authorized repre- purauent to the provisions applicable to such Federal ssalaan= sanative.will issue a determination within 30 days d receipt and so advise Al.. (I)Minimum Wages.Ail laborers and mechanics employed or work- HUD or its designee or will notify HUO or its designee within me 30-day ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Marc 183'1 or under the Housing Act cf 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the project).will be paid unconditionally and not Tess often that once a (d)The wage rate(Including fringe benefits where appropriate) week.and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(c)at this paragraph.shall such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con- Secretory of Labor under the Copeland Act(29 CFR Part 3),the lull amount tract from the first day on which work is performed in the dasadlcatton. of wages and bons tide fringe benefits(or cash equivalents thereof)due at (B)Whenever the minimum wage rate prescribed in the contract for a time at payment computed at rates not less ten those contained in the class of laborers or mechanics includes a hinge benefit which is not wage determwstlon of the Secretary of Labor which is attached hereto and expressed as an hourly rate.the convector shall either pay tie baneat as mode a pan hereof.regardless of any contrecurai relattordhip which may stated in the wage determ lnaioi or shalt pay another bona fide fringe be alleged to exit between the contractor and such laborers and benefit or an hourly cash equivalent thereof. mechanics Contributions made or costs reasonably anticipated for bona (Iv)If the convector does not make payments to a trustee or other shed fide fringe benefits under Section 1(b)a)of the Oavis-Bacon Act on behalf person,the contractor may consider as part of the wages of any taborer cr of laborers or mectanics are considered wages paid to such laborers or mechanic the amount d any costs reasonably anticipated in providing mechanics.subject to the provisions of 29 CFR1.3(aX1)(hrk also.regular bona Tide fringe benefits under a plan or program.Provided.That the contributions node or casts incurred for more than a weedy period(but Secretary of Labor has found.upon the written request of the contractor: not teas often than quarterly)under pans,funds,or programs,which cover that the applicable standards of the Davis-Bacon At have been met The the particular weedy period,are deemed to be co struclvey made or Secretary of Labor may require the contractor to set aside in a separate incurred during such weedy period. account asses for the meeting of obligadona under the plan or program. Such laborers and mechanics shall be paid the appropriate wage rata (Approved by the Office of Management and Budget under OMB Control and fringe benefits on the wage determination for the classification of work Number 1215-0140.) actually performed without regard to skill.except as provided M 29 CFR 2.Withholding.HUO or its designee shall upon its own scion or upon Pet S.5(04 Laborers or mechanics performing work in more than one written request of an authorized representative of the Oeoartrmeru of Labor dassi°adon may be compensated at the rate specified for each classifies- withhold or cause to be withheld from the convacmr under arts contract or ton for One ins actual)worked tharoire Provided.That the employers pay- any otter Federal contract with the same prime contractor.or any other roll records accurately Set forth the time spent in each classification in Federally-assisted contract subject to Oavis-Bacon prevailing wage which work is performed.The wage determination(including any additional requirements.which is held by One same prime contractor so much of the dassilIca on and wage rates conformed under 29 CFR Pet 5.5(a)(1)(i)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 Con- taborets and mechanics.Including apprentices.trainees and helpers fawn and its subs ontractora at the site of the work In a prominent and employed by One contractor or any subcontractor One tuft amount of wages accessible;place where It can be essay seen by the workers. required by the contract In Si.event of failure to pay any laborer or (I)(a)My class of laborers or mechanics which is not listed in the mechanic,including any apprentice.trainee or helper.employed or working wage deteredra ion and which is to be'motored under the contract shall on the site of the work(or under to United States Housing Act of 1937 or be classified in conformance with the wage determination.HUO shall under the Housing Act of 1949 in the construction or development of the approve an addleorsl classification and wage rate and fringe benefits project).all or part of the wages required by the contract HUO or its desig- thherefore dry when the following criteria have been met nee may.after written notice to the contractor,sponsor.applicant or owner. (1)The work to be performed by the dassificadon requested is not take such action as may be necessary to cause the suspension of any performed bye classification in the wage determmi adorn and further payment advance.or guarantee of funds until arch vioftUors have (23 The dessiladon is utilized ht the area by the construction ceased.HUD or is designee may.after written notice to the contractor. industry;and bursa such amounts withheld for and on account of the contractor or sub- (3)The proposed wags rate,including any bons fide fringe bens- contractor to the respective employees to whom they are due.The Comp- fits,bears a reasonable relationship to the wage rates contained in the troller General shad make such disbursements in Cie case of direct wage desaminatlort Davis-Bacon At contracts. (b)If to contractor and the laborers and mechanic to be employed 3.(I)Payrolls and basic records.Payrolls and basic records relating in the dassUlca&i.t(If known;.or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on to won and wage rate(including the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefits where appropriate).a report of the action mechanics working at the site of the work(or under the United Stites talon snail be sent by HUO 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.Ernploytuett Standards Administration.U.S.Department or development of lie proje*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 car- repreewnatve.will approve.modify.or diseitle ove every additional comes- rest Bassi icaton.hourly rates of wages paid(including rates of contribu- tatlon action within 30 days of receipt and so advise HUO or its designee dons or costs anticipated tar bona fide fringe benefits or cash equivalents or wh7 notify HUO or its designee within the 30-day period that additional thereof of to types described in Section 1(b)(2)(B)of the Davis-b.Yon Act)„ time is necessary.(Approved by the Mee of Management and Budget daily and weedy 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 3.5 (e)In the event the contractor.the laborers or mechanics to be (a)(1)(1v)that the wages of any laborer or mechanic include the amount of entoloyed in the desalficadan or their representatives and HOD or its any costs reasonably anticipated in providing benefits under a plan or pro- designee do not agree on the proposed classification and wage rate gram described In Section 1(b)(2X13)of the Davis-Bacon Act the contractor (including the amount designated for fringe benefits.where aPentiniaal. stall maintain records which show that the commitment to provide such Previous Edition is Obsolete 14004010(2441 1 (NB 1344.1) pendia is rilortilabra MO Qla plan ter program IS Anandelly rsrttonisb e. apOtwttlaa fie eliowabae tie d apbrena#a ta Ignrrteytmen gn Me OD bite ens Mal me pion or pregrsm hie been aonlmunIce d in mean Id tea in any craft OWiitt$Cabof shall not be freater Man Me rade Parmiltibt Ed I114 laborers or meeliamcs seeded.and records which show to costa amid- contractor as to the entree work force under the registered program.My pawl or the actual cost incurred in providng lucre benefits.Contractors worker listed on a Payrdl at an endemics wage rata.who rs not registered employing apprentices or trainees under approved programs shall maintain or otherwise employed as staved above.shell be paid not less than the _ "mow evidence of the registration of adirendasehiO Programs and cartels applicable wage rate on the wage determinanon for the classification of cation d traine programs,the registration of the apprentices and trainees. work actually performed.In addition.any appraise.pertormrtg work on the job site in excess of Me ratio permitted under Me registered program and the nWOS and wage rants presented h the applicable Dro9rarrut on s wage detarmni- (Approved by Me Office d t Management and Budget under OMB Control shad be paid not less than o applicable wags rate ,. Mrnbers 12154140 and 1215-0017.) melon for the work actually performed Where a contractor is performing j)(a)The contactor shall submit wady for each week in which any construction on a project In a locality Dna Man.)tat in which itit program at ' contact work is performed a copy of all payrolls to HUD or at designee if registered.the ratios and wage rates(expressed in percentages of the lour- the agency is a party at Me contraa but if the agency is not such a party. neyman'a hourly ratty specified in the contractors or subcontractor's regis- ter eontrseaor will submit the payrolls to me applicant sponsor.or owner, tired program shall b.observed.Every aoprerncuce must be paid at not as the case may be.for ararmssion at HUD or its designee The payrolls ' lees than the rate specified h the registered program for the appreneca's submiene snall set out adaxm y and con idetsy W of the information level at progress.expressed as a percentage of the journeymen nosey raw required to be m.ntai led under 29 CFR Part 5.S(a)(31(l).This information specified in the applicable wage detamtinadort.Apprentices shall be paid may be submitted in any form desired.Optional Form W14 347 is available fringe benefits in�accordance program does not of specify fringe b SVhiOO foe the purpose and may be onrahsaed from M.Superintendent of Oran- program. must be paid race fur amount of fringe benefits fisted an trfe marts Weiland Stock Number 024-005-00014-1).U.S•Government Printing apOrentlea. Office.Waahirgmn.DC.?Da02.The prime contractor is reWOnsible for the wage determination for tea applicable ctessillestion.It the Adminsaaax submission of copies at names by all subooneactora(Approved by the de anrshes that a different Prates mails for the aopdable SOWS ntrce Ofsca of Management and Budget under OMB Control Number dassificatan.fringes shay be paid in accordance with that d.I.nwin rt h 1215-0146.1 the event the Bureau of Apprenticeship and Training.or a State Appren- (b)Each payroll submitted shad be accompanied by a"Statement of . aceehip Agency recognized by the Bureau.withdraws approval of an Conmiance,-signed by the eonv_acar or subcontractor or hi or her agent apprensuetdp program.to coneacar will no longer be oemmd to utilize who pays or supervises the payment of the persons employed under Cie appre ndces at less an the applicable predetermined rate for the work COMM!and snail ea thfy the ailment; parbrm.d until an aecepeble program is approved. (1)That Me payroll for the mall period contains the information (a)Trainees.Except as provided in 29 CFR 5.14 trainees will not be required to be maineined under 29 CFR Pet 5.5(a)(3)(1)and slat such permitted to work at less Man the prude emir crate work - in per- Indiana is comas and ca ndese formal unless they are employed pursuant (2 That each laborer or mechanic(including each helper. a program which lies received tenor approval.evidenced by formal Cerob- appremice.and trained employed an the contract during the payroll period radon by the U.S.Deperaent of Labor.Employment and Training Admini- has been paid the full weekly wages earne4 without reba.either directly .canon.The redo at trainees to journeymen on see job site shalt not De or indi.wady.and Chet no deductions have been made either*way or Ind- greeter than nominee under to plan approved by t1e Employment and teal from the fur wages canned.dear Mart penhisaable a dons as set Training Administration.Every trainee must be paid at not lest sears the nine forth in 29 CFR Pet 2 specified In Me approved program for tee trainees tevel of program. (3)That each laborer or medanlc has been paid not less than the expressed as a percentage of the immortal'hook ram soactted in the aopficaba wage rates and fringe bendts or cash equivalence ce far the da& applicable wage dearnnineson.Tranees shall be paid fringe Oenefres in simian of work performed.as specified in the applicable wage dsnrmina- accordance will tie provisions of the trainee program.If the trainee pre- ton incorporated into the contract gram doss not mention fringe benefits.trainees shall be paid Me full (e)The wady submission of a dearly executed medication set amount of fringe benefits dated on the wage determination unites the forth on Me reverse ode Of Opdoruel Form Wt1-347 star seedy me Administrator of the Wage and Hour Division determines eta there is an requirement for subreseion of the'Statement of Compliance'required by •apprenticeship program associated with the corresponding journeyman paragraph AS(ii)(b)of this seediest. wage rate on the wage determination which provides for lees Man full (d)The falsibmion of any of the above ceredadans may subject the fringe benefits for apprentices Any employee iised on Ma payroll at a contactor or subcontractor to del or criminal prosecutor under Section trainee rate who is not registered and peNaoatng in a training plan • 1001 of The 15 and Seaton 231 of Tine 31 of me United States Code. approved by the Employment and Training Administration shad be paid not t (5)The contactor or shell make the reads required less Man ate applicable wags rate on Me wage det ermine's^for tie work under paragraph AAA)at Mil seedon available fir hspeclon.copying.or actually performed.In addition,any tames pertomang work on the job site transcriation by sumortz d representatives of MO or its designee or the h eases of the ratio permeted under Me registered program shad be paid Dearman of Labor.and shad permit such represenadves to interview not less Man Me applicable Wage raw on the wage determination for The employees during wrridng hours on the job.It the contactor or subcon- work actually performed.In the event the Employment and Training Admun- traca r tails to Submit she required records or to make them available.HUD istason withdraws approval of a training Program.the contactor will no or its deeig nee may.after mean notice to Me contractor sponsor.appli- longer be parmieed to utilize nines at less etan the applicable predator- cant or owner.take such action as may be necessary at cause me sus- mined rate for Me work pertained until an acceptable program is pension of any further payment,advance.or guarantee of funds Further- approved. The utilivation of apprrheces. more.failure to submit me required records upon fequest or at make such (TM Equal employes opportunity' records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conformity with the CFR Pan 5.12. equal employment opportunity requirements of Exeamve Orcer 11248.as 4.(I)Apprenecee and Trainees.Apprentices.Apprentices will be per- amended.and 29 CFR Part 30. mitred to work at leas Man the predetermined rate for the work they per- 5.Centralia*,with Copeland Act requirements.The contractor snail formed when they re employed pursuant 1D and Individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated by bona fide apprenticeship program registered will the U.S.Department of reference in this contract Labor.Employment and Trailing Administration.Bureau of Apprenticeship I.Subcontracts.The contractor or subcontractor will insert in any sub' and Trawling.or with a Seam Apprendasehtp Agency recognized by the contracts the clauses contained in 29 CFR 5.51al(1)through(10)and such Bureau.or if a person is employed in his or her first 90 days of probationary other disuses as HUD or its designee may by appropriate instructions ` employment as an apprentcs in such an apprenndcasrmip program who is r.Ouir%and also a clause requiring me subcontractors to imbude these not tncividuary registered in the program.but who has been certified by he clauses in any lower ter subcontract'.The prime contractor shad be Bureau of ACorenaesaniD and Training or a State Apprenecesntp Agency responsible for the compliance by any suoconerac or or lower ter suecon- (wnere aDprOOnatel to Os eligible for probationary ernployrnent as an tractor with ail the contact causes in 29 CFR Fart 5.5. 2 HUD 1.010 12 841 T.Contracts te nI...ton,debarment.A breach of the contract clauses in Pensatlon at•rate not less than one and one-half Imes the basic rate of 29 CFR 5.3 may be grounds for termination of the contract.and for debar- pay for all hours worked in excess of sight hours in any calendar day or in mete as a contactor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek whichever is greater. S.Compasses wait Osvte-secon and Related Act Requ remante.AN nrl- m Violations lablty for unsold wages liquidated damages.In the Inge and inwprwuona of the Davis-Bacon and Related Acts contained in Mnt of any vi0tation of the clause set forth in subparagraph(1)of this 29 CFR Parts 1.3.and 5 are herein incorporated by reference in this paragraph.the contractor and any subcontractor responsible Therefor shay contract be liable for the unpaid wages.In addition,such contractor and subeon- I.reilerille concerning labor standards.Dispute arising out of the labor tractor shall be liable to the United States(in the case of work done under standards provisions of this contract shall not be sub(ect to the general contract for the District of Columbia or a territory.to such District or to such disputes clause of this contract Such dispute shall be resolved In actor- territory).for liquidated damages.Such liquidated damages snail be eom- dance with the procedures of the D•oaranent of labor set lorthh in 29 CFR pub with respect to each individual laborer or mechanic,including Puts 5.5.and 7.Disputes within the meaning of this clause Include die- watchmen and guards.employed in violation of the clause set forth in sub- puss between the contractor(or any of its subcontractors)and HUD or Its paragraph(1)of this paragraph.in the sum of 910 for such calendar day on designee.the U.S.Department of Labor,or the employees or their which such individual was required or permitted to work in excess of eight hours or In excess of the standard workweek of forty hours without pay- 10.(1)Certification of Eigibilly.By entering into this contract the con- mont of the overtime wages required by the cause set forth In subpara- ttactor crates that neither it(nor he or sea)nor any person or Arm who graph(1)of this paragraph. has an interest in the contractors firm is a person or Arm ineligible to be (3)Withholding olding for unpaid wages and liquidated damages HUD or its awarded Government convecte by virtue of Section 301 ate Davis- deeigneo shall upon its awn action or upon written request of an sass- Bacon Act or 29 CFR 5.12(5)(1)or to bo Invented Hue convacts or pwtd- Steed represendtve of the Department of Labor withhold or cause to be pees in H11O programs pursuse to 24 CFR Part 24. withheld.from any moneys payable on account of work performed by the 00 No part of aria convect snag be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal ineligible for award of a Government contract by virtue of Section 3(a)of convect with the same prime contract or any other Fedwaly-assisted con-- lie Davis-bacon Act or 29 CFR 3.12(a►(1)or to be awarded HUD contracts tract sub ect to the Contract Work Haas and Sanity Standards Act which or participate in MUD programs pursuant to 24 CFR Pent 24. is held by the same prime contractor such sums as (U)The penalty for making g false steatites'is prescribed In the U.S. be necessary to swishy any liabilities of such contractor o be determined r ubconasctc D Criminal Code.18 U.S.C.1001.Additionally.U.S.Cilmnel Code.Section for unpaid wages and liquidated damages as provided in to clause set 1010.Tie*18.U.S.C.-Federal Housing Administration transactions".pro- forth In subparagraph(2)of this paragraph. vides in pert"Whoever.for the purpose of. . J Musnaing in any way the (4)Subcontracts The contractor or subcontractor shell insert in any action of such Administration. . . makes,unare or publishes any statement, subcontracts to clauses set forth in subparagraph(1)through(4)of this ►mowing the sane to be false. . . shall be fined not more that$5,000 or paragraph and also a cause requiring the subcontractors to include teee imprisoned not more than two years,or both." causes in any lower ter subcontracts The prime contractor shall be 11.CownplsiMa.Preeaedmga,or Tenaller.p by Esmployees.No laborer or responsible for compliance by any subcontractor or lower her subc.ntrsc- meetenie to whom to wage.salary,or other tabor standards provisiors of tor with me dawn sat forth in subparagraphs(1)through(4)of this this Contract are applicable shall be discharged or In any other manner peragrapn, discriminated against by the Contractor or any subcontractor because such C.Hsieh and Safety employee has mad any complaint or instituted or caused to be irstltueed (1)Nn laborer or mechanic shall be required to work in surroundings any proceeding or has Milled or Is about to testify in any proceeding or under working conditions which are unsanitary,hazardous.or danger. under ter relating to the labor standards appkable cruder this Contract to out to his health and safety as determined under construction safety and his employer. hamlet standards promulgated by the Secretary of Labor by regulation. t!Centred Wert thus and Safety Standards Act As used in this pea- (2)The Contractor shall comply with ate reguksionss issued by the graph,to toms laborers"and-mechanics"include watchmen and Secretary of Labor pursuant to Tate 29 Part 192E(fomary pert 1518)and guertit failure to comply may result in imposition of sanctions pursuer to the Con- (1)a rmee requirements No contractor or subconaaet3r contracting tract Work Hours and Safety Standards Act(Public law 91-54.83 Smt 9E). for any part of the contract work which may require or Involve the employ (3)The Contractor shall include the provisions of this Ankle in every meat of laborers or mechanics shad require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor. r iaen a in any workweek in which he or she is employed n such work The Contractor shall take such action with respect to any subcontract as io work In excess of eight hours in any calendar day or in ace's of forty two Secretary of Housing and Urban Development or the Ssastary of Labor hours in such workweek unless such laborer or mechanic receives cam- shall direct as a means of enforcing such provisions. 3 Ha2.4010(244) • M d 0 -1n n In O 7 ID 0 < 0 0 C Cl n 01 7 D 7 C d D 0 0 (I 0 7 (D 0 l n n )1 n l Cu - 1 1 `< 0 Z n )DC C • ID 0 d 0••0 n - a N - ry - ry I 7 O - 0 N p 30 O O 00 D 3 ry n CO a • n CO C D E Co 4-4 O d C 1 D H r m VI AI n a j o o 4-4 Z v .. 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F m - -.ft N D A O -� 0 _1 - -7 J 7 D A l O It • m - 3 7 D 0.D O m 7 0 1 0 N A ul i [ D i 0 'r0 0. -- � N . 7 n 0 0 J.- O • d o 0 C N 0 A n a I01 0^ D D R „- u Auld • (1 3 u _ 0 --d 3 •r N 1 A 1 3 0 3 707 7(1 m a 3 � ^-1 7 --3 < 0 3 A - 3 0 0 n n u n 0 + 7 1 0 1 0 . 00 0013.• u 13 n n 0 (0 7 D O O O 1 1 0 1 117 'r ✓ O L 33 ni 1° N-' w -•1-m d C D• 0 7 n 1 d a o ^A Cu --7 - 0 (0 .1 7 7C 70 W 70 30 3 0 (-• A ^ 0.3 d 0 1•V u 7 m ^.N D 7 110 -_ul 000 ....< 7 �O O 3A-(1. .- 00 C .� + -.A l i d 'f . 7 d 7 d n 7 n u -373 3 <0 O 011 N D 1 u n ^ n O CO d .r 0 --u Q ?u C • u 0 CO N I•< IO o --.130 O O u _ d C N d O A m 0 -' 3 N ft-017 U 1 1 7 7 10 p 7 u O N 3 Ili d -C A It - U O 3 30 < - D l0 O A -1 4_ 3 O 7 ID - n. CIO • 0 -. a ll -• aft - ■ 41114 WISCONSIN SOCIETY OF ARCHITECTS � THE AMERICAN INSTITUTE OF ARCHITECTS `714 A` =C'' 'JUiq ►111 WIS. AIA DOCUMENT A JULY 1980 ED. WIS. A312 W 2 a PUBLIC IMPROVEMENT PERFORMANCEILABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT A, TO SECTION 779.14 WISCONSIN STATUTES. vi 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) Valley School and Office Suppliers, Inc. 1000 N. Bluemound Dr. , Appleton, WI as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) Insurance Company of North America duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) The City of Oshkosh 215 Church. Avenue, Oshkosh, WI as Obligee, hereinafter called Owner, for the use and bene it o c aimants as hereinafter provided in the amount of Eighty-four thousand, eight-hundred, forty-two dollars and no cents Dollars 484,842.00 ), (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 5th of June 1986 , entered into a contract with Owner for in accordance with drawings and specifications prepared by (Here insert full name, title and address] W. S. Park Ave Yarbro-Kempinger Architects, Inc. , Pfaller Herbst Associates, Inc. Osh.ko h WI which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes , Phase V-A - Restoration & Rehabilitation The Grand Opera House P Oshkosh, WI in The said written agreement, drawings, specifications and amendments N are hereinafter referred to as the Contract. `c •e PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES ttt WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE I 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 16th day of June , 19 86 IN THE PRESENCE OF: Valley School & Office Suppliers , Inc. Principal 0� �4 By: John Spalding (seal) ti6 ■44. A.-02.1114A10 Witness Tide: Chairman of the Board Insurance Company of North America Name of Surety B .A.—... ai4 L ` _ - (Seal) r`"i`e Me Attorney i n Fact APPROVED BY* e ry or OS f4-1( IN THE PRESENCE OF: Owner 7�lp/J7 ) By: p p� (seal) v vWrs Witneas�Jt 1�f7A�� K Tide: e cry J F rill)�C.�i�✓l� *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.ALA DOC.WIS.A312 JULY 1980 ED. PAGE 2 - - - '-,_',,.;.,,".,:'--; -1<tiow All ritett:,`:'-by-these presents: That the INSURANCE COMPANY OF NORTH AMERICA,a corporation ' ' i'4 C:in' ' vveatth bf Pennsylvania having its principal office in the City of Philadelphia, Pennsylvania, pursuant,to ',tohe':foil„otawing ResbiOiloh'-:,,which waS,-..ad'.O.Pted by"th-e-.0040:1 Of.Directors of:the said Coretparty on May 28, 1975, to wit: -`,'---- ;•ItESOLVED pursuant to Articles 3.6„and Si Of the fly-Laws,the follove.ing RuleS sha..Il govern,the execution for the Company of bonds,under- • \ 0) The' t the President,or an,;,:ViCe-Presidertt,Assistani.Vice.President, Resident Vice-President or Attorney-in-Fact,may exec.Ute for and in behalf of the COrn'' Party any and all botidi:,-Undertakings,..recog'nkarices,contracts and other writings' in:-.1.h..e nature thereof,the sametO.be attested when necessary by thesecretary,an Assistant SeCritary.Or arResident ASsistint Secretary and the..-.-Stal of-the Compaily.affixed thereto; and that the President or any Vice-President may appoint and aUthbrize-Resident ViCe-. Presidents, Resident Assistant-Secretaries and Attorneys-in-Fact to so execute or attest to the exectit%ron Of all such writingS dn.behalf Of:the Company.and...to affix the seal of the Companyitfieretn:-.--..-. .-..-.. .. .: ,.-- (2) Any stich_writing exetuted in:accordance with these Rules Shall:be as binding upon the CoMpany in any case as...thoiigh signed by the President and attested by the Secretary. (3) 11,),' e signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any.power of attn.rney grafnted pursuant to this Resolution,and the signature of a certifying officer And the seal of the Company may be affixed by facsimile to any certificate o any such power,and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. - d (4) Resident Officers artd Attorneys-in-fact shall have authority to certify Or verify copies of this Resolution, the By-Laws of the Company,an any affidavit or record of the Corripany necessary to the discharge of their dutiei. - (5) The passage of this Resolution does,liot revoke any earlier authority granted by Resolution of the Board of Directors on June 9,1953." does hereby nominate, constitute and appoint MICHAEL J. McCLONE, EUGENE J. JACK, JOHN H. KANE and m FERN E. SCHEER all of the City of Menasha, State of Wisconsin 6-x. , eac individually if there-be more than one named, °a1 . :n. aVsf u attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and. deed any and all ' bonds undertakings recognizances contracts arid Other writings in the nature thereof in penalties not exceeding '4.1z such Writings in pursuance of these presents,shall be as binding upon said Company,as.fully.andaml plffy.,as if they had been FT: duly executed-and acknowledged by the regularly elected officers of the Company at its principa o ice. z' IN WITNESS WHEREOF,the said MICHAEL .13' FC'D°H , Vice-President,has hereunto ku subscribed his name and affixed the corporate seal of the said lisiSURANCE COMPANY OF NORTH AMER1CA-.this : - V' P s'd 't of the INSURANCE COMPANY OE'NORTH AMERICA to me personally known to be-the individuil and officer-who' executed the precedir4.1:nStrurftent,and.lie atknoWledged th4the.executed the same,-and that the seal affixed to ihe preceding instrument is the corporate'seel.of-Seirt:Co-- rripany;that the said:Corporate sea)and his signature were duly affixed b the authority and direction of the said corporatiOn and-that ReSPItition,adOPted bythe8oard of:Directors of said Company, IN TESTIMONY'WHEREOF, 1 have hereunto set Illy-hand-and affixed-17ty offietial' eal:a.'t the'r.city of', Cill-C-IG:)... •''''. . ' .--•'- it44.'