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SECOA-TRS CO/Grand Opera House
THE AMERICAN INSTITUTE OF ARCHITECTS �I II I / "Jiwi; aaI 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 Sixth (6th) day of February 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: SECOA—A TRS COMPANY 2731 Nevada Avenue North Minneapolis, Minnesota 55427 The Project: PHASES III & IV — 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 NO . 8133/79005 — PHASES III & IV 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.) DIVISION 11 THEATRICAL EQUIPMENT WORK Phases III & IV 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 March 1, 1986 and, subject to authorized adjustments,YSAWairrNak (Here insert any special provisions for liquidated damages relating to failure to complete on time.) Substantial completion of the rigging systems shall occur not later than July 1, 1986 . Drapery hanging shall be complete no later than September 15 , 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 NO . 8133/79005 — PHASES III & IV 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 NINETY EIGHT THOUSAND TWO HUNDRED THIRTY SIX AND NO/100THS DOLLARS ($98 , 236 . 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 6 June 1985 $85 , 115 . 00 Lump Sum Base Bid No. 2 , accepted Alternate Bid 2A, accepted ADD 13 ,121. 00 TOTAL CONTRACT SUM $98 , 236 . 00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than three (3) days following the end of the period covered by the Application for Payment ninety percent ( 90%) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90%) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; YdilY4&XiGiiiiaYiN>Calixicarnxaxwoixi;i4vawxyaxicariaicolioi-xiouotaxxagui*Houixxxxx XXXXXXxxxxwrx$i xxxxx xxixtXxxx ixotx1 r,IixsxxxXxr txx xlf 4 itxi xxf t cg xkxmAx Ix kxxA txk mgategkxxxxxxxxxxxxxxxxxxx,xxx (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 NO. 8133/79005 - PHASES III & IV 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 and accepted alternates. showing page or sheet numbers in all cases and dates where applicable.) SPECIFICATION, FILE 8133/79005 , Dated 9 May 1985 Pages Thru TITLE PAGE 1 Page TABLE OF CONTENTS TC/ 3 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 General Conditions 19 Supplementary Conditions SC/20 General Requirements GR/16 DIVISION 11 — THEATRICAL EQUIPMENT WORK Section — Title 11970 — Theatrical Equipment Work 11970/27 ADDENDA No. 1 dated 29 May 1985 No. 2 dated 30 May 1985 No. 3 dated 6 June 1985 No. 4 dated 7 June 1985 DRAWINGS, FILE 8133/79005 — PHASES III & IV, dated 9 May 1985 Theatrical Equipment Work TE-1 thru TE-4 CONTRACTOR' S PROPOSAL, dated 6 June 1985 Pages C/1, C/3 and C/8 , attached hereto as ATTACHMENT A ATTACHMENT B Federal Requirements Equal Employment Opportunity, Pages 1 thru 11 Federal Labor Standards, Pages 1 thru 5 MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® C1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 FILE NO. 8133/79005 — PHASES III & IV • 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 SECOA - A TRS COMPANY ,214.o4 (2)--k22X-Y-) . tle President (Seal of Contractor - if a Corporation) OWNER CITY OF OSHKOSH, WISCONSIN /77/a7( - /4.1/-71- By A/,,,/-4e1L4C ! /- William D. Frueh, City Manager ��.�•4-. a._,� ' ■ / �1 a f ` By ., �t j'V i/�/ 1" (jri 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 Approved as to, form and execution ty Attorney ` L FILE NO. 8133/79005 - PHASES III & IV 5 8133/79005 (SUBMIT IN DUPLICATE) C/1 Phases III & IV BID FORM PHASES III & IV RESTORATION AND REHABILITATION THE GRAND OPERA HOUSE FOR THE GRAND OPERA HOUSE BOARD THE CITY OF OSHKOSH, WISCONSIN BIDS CLOSE : 2 :00 P.M. , 6 June 1985 AT: Office of City Clerk City Hall Oshkosh, Wisconsin TO: City Manager City of Oshkosh, Wisconsin PitiMUldtitILZKYACE) (A Corporation) WE TRS, INC. OuX&iearzlitg) of 2731 Nevada Avenue North, Minneapolis Street City Minnesota 55427 (612) 546-6313 State and Zip Telephone No. 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, Post Office Box 2096 , Oshkosh, Wisconsin 54903 , File No. 8133/79005 Phases III & IV, and dated May 9 , 1985. 8133/79005 C/3 Phases III & IV ALTERNATE BID NO. 1D If- the furnishing and installation of Toilet Partitions per Sections 10150 and Building Accessories per Section 10800 are added to the scope of the General Construction Work Add to Base Bid No. 1 the sum of NO BID ,, Dollars ($ ALTERNATE BID NO. lE If the Interior Metal Railings defined in Section 05500 , Article 14 are added to the scope of the General Construction Work Add to Base Bid No. 1 the sum of NO BID Dollars ($ ) THEATRICAL EQUIPMENT WORK Lump Sum Base Bid No. 2. Phases III & IV Theatrical Equipment Work excluding Decorative Curtain on Line Set 5 and all curtains in 11970/4. 05 for the sum of EIGHTY-FIVE THOUSAND ONE HUNDRED FIFTEEN Dollars ($ 85 , 115.00 ) ALTERNATE BID NO. 2A If- all curtains in 11970/4 . 05 except the Decorative Curtain on Line Set 5 are added to the scope of the Theatrical Equipment Work Add to Base Bid No. 2 the sum of THIRTEEN THOUSAND ONE HUNDRED TWENTY-ONE Dollars ($ 13, 121.00 ) 8133/79005 C/8 Phases III & IV ADDENDUM RECEIPT We acknowledge receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE 1 5-29-85 2 5-30-85 COMMENCEMENT AND COMPLETION The undersigned agrees, if awarded the Contract, to commence the work on or before a date to be specified in a written notice to proceed, and to substantially complete the work within 360 consecutive calendar days after the written notice to proceed, all in accordance with Article 30, Supplementary Conditions. Accompanying this Proposal is our bid bond certified check, bid bond, etc. in the amount of ten percent ($ 10% ) as called for in the Instructions to Bidders. TRS INC. (Name of Corporation, Partnership or Perso ubmitting, Bid) I A. r S • ' a ure Jame T. President (Seal - if Bid is by Title, if any Corporation) 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. EQUAL EMPLOYMENT OPPORTUNITY AND FEDERAL LABOR STANDARDS PHASES III AND IV RESTORATION AND REHABILITATION THE GRAND OPERA HOUSE FOR THE GRAND OPERA HOUSE BOARD THE CITY OF OSHKOSH, WISCONSIN ARCHITECT FILE NO. 8133/79005 ATTACHMENT "B" TO OWNER-CONTRACTOR AGREEMENT OF 2/6/86 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 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 employmentbecause 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) 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 - 6.9% 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 App 1eton-Oshh e-.h S,"1SA l including; Winnebago and Out.0:ami, anti _ 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, supt,rinten- 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 and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any respon- sibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory per- sonnel such as Superintendents, General Foremen, etc. , prior to the initiation of construction work at any job site. A written record shall be made and main- tained identifying the time and place for these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contrac- tor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and writ- ten, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organiza- tions serving the Contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. • (j) Encourage present minority and female employees to recruit other minority persons and women, and, where reasonable, provide after school, summer and vaca- tion employment to minority and female youth both on the site and in other areas of a Contractor' s workforce. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for pro- motional opportunities and encourage these employees to seek or to prepare for, through appropriate trianing, etc. , such opportunities. 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, 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 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 U.S. Department of Housing Federal Labor Standards Provisions and Urban Development , r • Applicability The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or its designee,to the following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre- pursuant to the provisions applicable to such Federal assistance. sentative,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 notify HUD or its designee a wi Off the 30-Man- day ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved Y of 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the project),will be paid unconditionally and not less often than 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)of 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- Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount tract from the first day on which work is performed in the classification. of wages and bona fide fringe benefits(or cash equivalents thereof)due at (iii)Whenever the minimum wage rate prescribed in the contract for a time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as made a part hereof,regardless of any contractural relationship which may stated in the wage determination or shall pay another bona fide fringe be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof. mechanics.Contributions made or costs reasonably anticipated for bona (iv)11 the contractor does not make payments to a trustee or other third fide fringe benefits under Section 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 mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing mechanics,subject to the provisions of 29 CFR-5.5(a)(1Xiv);also,regular bona fide fringe benefits under a plan or program,Provided,That the contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found,upon the written request of the contractor, not less often than quarterly)under plans,funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met The the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate incurred during such weekly period. account assets for the meeting of obligations under the plan or program. Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control and fringe benefits on the wage determination for the classification of work Number 1215-0140.) actually 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 authorized representative of the Department of Labor classification may be compensated at the rate specified for each classifica- withhold or cause to be withheld from the contractor under this contract or ton for the time actually worked therein:Provided,That the employer's pay- any other Federal contract with the same prime contractor,or any other roll records accurately set forth the time spent in each classification in Federally-assisted contract subject to Davis-Bacon prevailing wage which work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)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- laborers and mechanics,including apprentices,trainees and helpers, tractor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages accessible,place where it can be easily seen by the workers. required by the contract In the event of failure to pay any laborer or (ii)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contract HUD or its desig- therefore only when 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 classification requested is not take such action as may be necessary to cause the suspension of any performed by a classification in the wage determination;and further payment,advance,or guarantee of funds until such violations have (2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contractor,dis- industry,and burse such amounts withheld for and on account of the contractor or sub- (3)The proposed wage rate,including any bona fide fringe bene- 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 shall make such disbursements in the case of direct wage determination. Davis-Bacon Act contracts. (b)If the contractor and the laborers and mechanics to be employed 3.(i)Payrolls and basic records.Payrolls and basic records relating in the classification(if known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in the construction and Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall contain the name, of Labor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her cor- representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu- cation action within 30 days of receipt and so advise HUD or its designee Lions or costs anticipated for bona fide fringe benefits or cash equivalents or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(B)of the Davis-b:con Act), time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5 (c)In the event the contractor.the laborers or mechanics to be (al(1)(iv)that the wages of any laborer or mechanic include the amount of employed in the c ass,f.catron or their representatives.and HUD or its any costs reasonaoly anticipated in providing fo iding benefits a under a plan or r ro- d._s gr.eie do rot agree or the pr , -'d c`assrfication all v,5ge rate ,h.:m h crr 7 1 .Mien 1(b)12,E31. rrc:uwng the.imount desu;nat,d or Iniige benel.t3. ..r,ere acp^pr ctrl. OiLill it.u,i,.,n ,._1.13 which shoo, that the commitment to provide such 1 HUD..1010 (2.'4) benefits is enforceable.'plan or pr the been communicated financially to the in any craft aft c ass f cat on shall not of be greater than the ratio Permitted to the and!hat the plan or program laborers or mechanics affected.and records which show the costs anUC+- contractor as to the enfolf at an apprentice wage rater who is nrot registered pate or the actual cost incurred in providing such benefits.Contractors worker listed on a pay employing apprentices or trainees under approved programs shall maintain or otherwise wage ploe employed as stated wage date,shall be paid oi the not lless ssi han the of written evidence of the registration of apprenticeship programs and certifi- app cation of trainee programs,the prescribed in the app programs. (Approved by the Office of Management and Budget under OMB Control nation for for the work actually performed.applicable Where arcontractor saperforming paid not less than the Numbers 1 The contractor and shall submit�l(a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which its program is jour- contract work is performed a copy of all payrolls to HUD or its designee if registered.the ratios and w specified rates(expressed in orpersubcontractor's t percentages o eegis- the agency is a party to the contract but if the agency is not such a party, neyman's hourly rate)spec' renctice must be paid at not the contractor will submit the payrolls to the applicant sponsor.or owner, tered program shall be observed.Every app ram for the apprentice's as the case may be,for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program men hourly rate submitted shall set out accurately and completely all of the information level of progress.expressed as a percentage of the journey Y required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information specified in the applicable wage determination.Apprentices shall be paid may be submitted in any form desired.Optional Form WH-347 is available fringe benefits in accordance with the provisions of the fin g a benefits, for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship program does not specify ments(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices must be paid the full amount of fringe benefits listed on the Office.Washington,DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.If the�b a ini entice submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the app Office 1 Management and Budget under OMB Control Number the event tthe Bureau of Apprenticeship and Training,orr a State Appraenn.In 1215-0149.) approval of an (b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws app Compliance,"signed by the contractor or subcontractor or his or her agent apprenticeship program.the than the applicable contractor predetermined will onr be for to orutilize who pays or supervises the payment of the persons employed under the performed until an acceptable program is approved. contract and shall certify roe following: (1)That the payroll for the payroll period contains the information rmittTrainees.d k at less thanithe e determined rate fors the will not be per- information to is be correct and under 29 CFR Part 5.5(a)(3)(i)and that such formed unless they are employed pursuant to and individually registered in informati(2 is ca a ct and complete; (2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal garb - apprentice.and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment and Training Admini- has been paid the full weekly wages earned,without rebate,either directly stration.The ratio of trainees to journeymen ro on the the Employment and or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by b rectly from the full wages earned,other than permissable deductions as set Training Administration.Every trainee t be paid level less than the rate forth in 29 CFR Part 3; specified in the approved program l y e specified in the (3)That each laborer or mechanic has been paid not less than the expressed as as wage determination.rcntaof the journeyman man hourly fringe benefits it applicable wage rates and fringe benefits or cash equivalents for the clas- app sication of work performed,as specified in the applicable wage determina- accordance with the provisions of the trainee program.If the trainee pro- tion incorporated into the contract gram does not mention fringe benefits,trainees shall be paid the full (c)The weekly submission of a properly executed certification set amount of fringe benefits listed on the wage determination unless the forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an requirement for submission of the"Statement of Compliance"required by • wage rate eshithproogra associated i determination which corresponding for less journeyman full paragraph The c this section. (d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a contractor or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and participating in a training plan 1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment wage an a Training nin wade Administration m nati shall ll be the paid not (iii)The contractor or subcontractor shall make the records required less than the app 9 under paragraph A.3.(i)of this section available for inspection,copying,or actually performed.In addition,any trainee performing work on the job site transcription by authorized representatives of HUD or its designee or the in excess of the ratio)came eeda under ra the registered wage determination te shall be the Department of Labor,and shall permit such representatives to interview not less than the applicable 9 • employees during working hours on the job.If the contractor or subcon- work actually performed.In the event the Employment and Training Admin- tractor fails to submit the required records or to make them available.HUD istration be permitted withdraws approval trainees inangle ogran the applicable contractor pwill or- or its designee may.after written notice to the contractor.sponsor,appli- mined rate for the work performed until an acceptable program is { cant or owner,take such action as may be necessary to cause the sus- roved. III pension of any further payment advance,or guarantee of funds.Further- app (iii)Equal employment opportunity.The utilization of apprentices, more.failure to submit the required records upon request or to make such trainees and journeymen under this part shall be in conformity with the records available may be grounds for debarment action pursuant to 29 equal employment opportunity requirements of Executive Order 11246,as CFR Part pre amended,and 29 CFR Part 30. 4.()Apprentices and Trainees.Apprentices.Apprentices will be per- amended,and 29 CFR Part 30. mitted to work at less than the predetermined rate for the work they per- 5.Compliance with Copeland Act requirements.The contractor shall formed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated by bona fide apprenticeship program registered with the U.S.Department of reference nce in nthis co tract.contractor or subcontractor will insert in any sub- Labor,Employment and Training Administration,Bureau of Apprenticeship contracts the clauses contained i 29 CFR subcontractor through(10)and such and Training,or with a State Apprenticeship Agency recognized by the Bureau.or if a person is employed in his or apprenticeship p p o ram,who is probationary require,clauses nd also a clause or its designee may by requiri g the subcontractors appropriate to include instructions these employment as an apprentice in e such an app 9 rot,row,dually rag stared in the program,but who has been certified by the clauses nsin for rter subcontracts.The prime ccontractor shalll be Eu•eau of ACpient,ceshtp and Tr,m+nn or a State Aporenticeship Agency tractor oath all tf-e c;,,r,u:.c!C:u;:e.��r :?�`� Part``. re at ro,, rate+to Le el,)t%k i;ur p,rat':ulonary employment as an 2 F,itL .'i)l0l2-i;4 7.Contracte termination;debarment.A breach of the contract clauses in pensation at a rate not less than one and one-halt times the basic rate of 29 CFR 5 5 may'be grounds for termination of the contract and for debar- pay for all hours worked in excess of eight hours in any calendar day or in ment as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek,whichever is greater. 8.Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Violation;liability for unpaid wages;liquidated damages.In,the ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation 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 shall contract be liable for the unpaid wages.In addition,such contractor and subcon- 9.Disputes concerning labor standards.Disputes 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 subject to the general contract for the District of Columbia or a territory,to such District or to such disputes clause of this contract Such disputes shall be resolved in actor- territory),for liquidated damages.Such liquidated damages shall be corn- dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including Parts 5,6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards,employed in violation of the clause set forth in sub- putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of$10 for each 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 representatives. hours or in excess of the standard workweek of forty hours without pay- 10.(i)Certification of Eligibility.By entering into this contract,the con- ment of the overtime wages required by the clause set forth in subpara- tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph. has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.HUD or its awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an auto- Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to be pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the (1i)No part of this contract shall 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 contract with the same prime contract or any other Federally-assisted con- the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to (iii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor Criminal Code.18 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set 1010.Title 18,U.S.C""Federal Housing Administration transactions".pro- forth in subparagraph(2)of this paragraph. vides in part"Whoever,for the purpose of. . .influencing in any way the (4)Subcontracts.The contractor or subcontractor shalt insert in any action of such Administration. . . makes,utters or publishes any statement, subcontracts the clauses set forth in subparagraph(1)through(4)of this knowing the same to be false. . . shall be fined not more than$5,000 or paragraph and also a clause requiring the subcontractors to include these imprisoned not more than two years,or both." clauses in any lower tier subcontracts.The prime contractor shall be 11.Complaints,Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcontrac- mechanic to whom the wage,salary,or other labor standards provisions of tor with the clauses set forth in 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 Safety employee has filed any complaint or instituted or caused to be instituted (1)No,laborer or mechanic shall be required to work in surroundings any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous,or danger- under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and his employer, health standards promulgated by the Secretary of Labor by regulation. B Contract Work Hours and Safety Standards Act.As used in this pars- (2)The Contractor shall comply with all regulations issued by the graph,the terms"laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and guards. failure to comply may result in imposition of sanctions pursuant to the Con- (1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54,83 Stat 96). for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every merit of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor. mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor hours in such workweek unless such laborer or mechanic receives corn- shall direct as a means of enforcing such provisions. • 3 HUD-4010 f- S41 U M c I9 0 30)10 v U C N W ^ C L- • wit- I y 0 L I D O v,• 1 - • ) A Z.. 1 v DOW w W M-1 ^Y W m O O WOW.- W10.1 W mOOh Y ONO N N N N N A LL 0 2 O Ir 1 Y - Y W o O 00- - 004 N Y N 10 O Y 4 4 4 .... . . .v M U.UI M c41-PM/.1c4.4 - 1.1M W N N N .-,..-T4 N Y Y N W N ^^^ N N N N N Q - 0 o - C • • A . a C • I J W W O-11 0,P M1 m Y MW/ ^m-W WOW Y I P-V1 W m N N m N N Y m- C W L L V)KI• .0-O m 1 0 O I- 0 OmW UO10O M....10 O f Y r-^m O-N 1-111.1M-1 - 6 0 0 4 0 4 E • v C MOM N r.1-NNN W M) r-^m r Y N Y NO N V!NO^f N N W♦NN L - 9 0 I - - - - -- - - ^- ---- --- - ----- ........ .... . 0 U L U R O I. - 0 • • WO" a • W O O N - v ^ C01,11 • Y O j, OI • C U • L 10 P C C L 0 • L • CO C ^ • U - O D > 7 D 0 D P 0 L A 3 0 CI : � 70 C 0 U M n v U. - A u z O M L O O P C • F C - • I• C • .-.D C W D - - L ) •' 7 Y C • 0 • M -- A 01 • L O 9 >A • D M a 0 O. 0) J W A U J M C 2 10 • - 0) O K a C • • 4 C L .110 I- W O • 7 q 2 I 0 • U D M v C S. 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O It-- 11 rot- m E C U L D E Y 0 n to C C - 0 0 0 E - 4 0 L 0 4 L L v • 0 O V- C O U L O - 07L 0 E n 0 13 0 t nut 07- I01UL 44U7 01 I • 0 •D 1 ✓---- - O U I l C V I L •L - n •U C 0 0.- CV L 1 1 t t 0 4. 5- 41 - • - I. 43 44 4' 4. 43 •t L L n- • m • n n O O 3 0 0 - C O C ✓ C L -4 V L L O n v • O L L E L • V O • O 1• on 1) O E - .... • O • • in v n O O L 0 O n C L 1• O 0 0 11 C O L E J o . - 0 :3 C O C Y J - O O C 7 > O U l 1 Y 334404) 0 3 1 U - 4•4, 0 0 0. 1 1. O > O U O C O E - 0 - E C O L O D 3 E 0 4 0 3 43 C 4. 1 > 3 (4 • 1114 .17 L - O 7 O C L 4 - 3 0 L C L O- 0 L 0 1 1 - C - C t) v L (1 4 t1 C- E D 0- L a a- 07, ) 4 3 0- U 0 1 0- V O C 3 DO- 5 WISCONSIN SOCIETY OF ' ARCHITECTS \ 1; THE AMERICAN INSTITUTE OF ARCHITECTS 0 ;IttA►va.!� =4 1111-] WIS. AIA DOCUMENT JULY 1980 ED. WIS. A312 a, a PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL cri PAYMENT BOND d THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT A TO SECTION 779.14 WISCONSIN STATUTES. 3 SECOA-A TRS COMPANY 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) 2731 Nevada Avenue North, Minneapolis, MN 55427 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) The American Insurance Company P.O. Box 9431 , Minneapolis, MN 55440 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 54901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter rov d the amount of NINETY—EIGHT THOUSAND aa OUSAND TWO HUNDRED THIRTY—SIX AND ' NO/100--- Dollars ($9 8 ,2 3 6 . 0 9) (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 Feb. 6 , 1986 , entered into a contract with Owner for Phases III & IV—restoration & rehabilitation The Grand Opera House QfihkrafehteceKTith drawings and specifications prepared by (Here insert full name, title and address) Yarbro-Kempinger Architects, Inc. 1018 W. South Park Ave. Oshkosh, WI • 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. r PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE l C Copr. 1969 Wisconsin Society of Architects/AIA 615 E.Washington Ave. Madison,Wis. 53703 &OW, 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 6th day of February 19 S 6 IN THE PRESENCE OF: SECOA—A TRS COMPANY ia j B j1.002-2/Y1 y: ,���1�G'Z�� '� G ����a�� ,< (!Seal qf—knC:/,-•!;')^1 tness Ti President The American Trsurance Company Name of Surety e— k J Lids By: 1(�/ (Seal) Witness Tide: J:i_, M Padden Attorney-in-Fact APPROVED BY* IN TITLE PRESENCE OF: / r-Y 6 F s/-tke)S-H f / j'7j1 &C1L A By: (Seal) Witness q Title: �/ 'L1 A IL'A&e- *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. y l'• rv�y�r l^fly cif r PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL. BOND TWO PAGES WIS.AIA DOC.WIS.A3I2 JULY 1980 ED. PAGE 2 GENF RAL POWER OF - ATTORNEY' THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California, has made, constituted and appointed,and does by these presents make, constitute and appoint JAMES M. PADDEN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,place and stead,to execute,seal.acknowledge and deliver any and all bonds, undertakings,recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President, Assistant Secretary,and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,and any power of attorney,any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Corporation." IN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to he signed by its Vice-President. and its corporate seal to be hereunto affixed this 11th day of January 19 82 &(!d& THE AMERICAN INSURANCE COMPANY . i r �N 'eo By Vice-President STATE OF CALIFORNIA, l } ss. CITY AND COUNTY OF SAN FRANCISCO On this 11th Richard W I I I i ams day of January 19 82 , before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal.the day and year herein first above written. •101111111111111111lii ■ OFFICIAL SEAL SUSIE K. GILBERT NOTARY PUBLIC- CAUFORNIA Niter‘Public \"--='''/ Uir & COUNTY OF SAN FRANCISCO My Commission Expires Nov. 17, 1984 CERTIFICATE ■IIUhISDII/IIIUI U flSUhtttUINSNUIUIUtttttUMII STATE OF CALIFORNIA, ss. CITY AND COUNTY OF SAN FRANCISCO I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sec- tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed at the City and County of San Francisco.Dated the 6th day of February 19 8 6 s Resident Assistant Secretary 360711-TA-5-81 State of Minnesot County of Hennepin ss: On February 6 , 1986 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James M Padden known to me to be Attorney-in-Fact of The American Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires / 7L� Notary Public 360212-6-66 RAM INSURANCE AGENCY , ` "p ' � SUITE #2O1 8085 NAYZATA BVD FIREMANS FUND MINNEAPOLIS MN 55�26 ' FIREMANS FUND FIREMANS FUND INC ( ET AL ) 2731 NEVADA AV N NAUSAU INSURANCE CO NEW HOPE �N 55�27 i r A — MXP5675�85 1/01/87 X Inception date 1/01/86 X � X � 5OO 5OO � � X ' X X MXP5675q85 1/O1/87 Inception date 1/01/86 5O0 XLB16q081 1 1/01/87 X Inception date 1701/86 5 , O0O 5 , OOO i D 0316OOO91��9 8/19/86 Inception date 8/19/85 8 � � �� •m�^���/ 1OO ���^�� � -� ' ' / � ` �~ , ��m� TO FURNISH AND INSTALL CURTAINS AND TRACK AT THE GRAND OPERA HOUSE OSHKOSH WISCONSIN 10 Feb 13 , 1986 H THE CITY OF OSHKOSH OSHKOSH WISCONSIN NERNER BLUME ��� �����^ .' �'� ���