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HomeMy WebLinkAboutPW CNT 85-18/Vinton Construction CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 20th day of September, 1985, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and VINTON CONSTRUCTION COMPANY of 2750 N. Rapids Rd. - P. 0. Box 2087, Manitowoc, WI 54220 , party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE I . SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 85-18 , for concrete paving, asphalt paving & underground work for Ceape Ave. , pursuant to Resolution #14 adopted by the Common Council of the City of Oshkosh on 19th day of September, 1985 , all in accordance and in strict compliance with the Contractor's proposal and the other contract documens referred to in ARTICLE V of this contract. ARTICLE II . TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE III . PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $341,431.95, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on 1 a "Unit Price" basis, the above mentioned figure is an estimated for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by the negligent digging up of streets, alleys or public grounds or which may result from the faulty, carelessness or neglect of said Contractor, his agents, employees or workmen in the performance of said work or caused by the violation of any City ordinance, and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable time after demand thereof. ARTICLE V. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. General Conditions 2. Advertisement for Bids 3 . Instructions to Bidders 4. Specifications, including any addenda 5. Plans 6. Contractor 's Proposal 7. This Instrument In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumer- ated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Con- tractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. 2 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be sub- scribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR VINTON CONSTRUCTION COMPANY .Z-z .-10/. / ie4-1 -- By: deLl c,�t� (Seal of Contractor Rx 1 if a Corporation ) (Specify Title) By: (Specify Title) 2 CITY OF SHKOSH /7 ' /7 ;/,/1 'By: c l. �tt L— }y L t--- By: s`�y.�✓I G (Wit ess) William D. Fr'ueh City Manager er ri JUv 06,ict �1 1 L'' W i (f E./ ,J,45 71/ ' �itn ) Donna C.Serwas, City Clerk I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. Edward A. Nokes, City Comptroller Apprio ed as E) we rm, 00 • ' r , 'I Warren P. Kr. , A-s , City Attorney 3 BOND NUMBER KO 25 89 12 6 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that V I NTON CONSTRUCTION COMPANY, MAN I TOWOC, W I SC. (More Insert full mow aM Wrtss or legal title of Contractor) as Principal, hereinafter called Contractor, and, Insurance Company of North America, 1600 Arch Street, Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF OSHKOSH, W WISCONSIN Mere insert full sonic and silents or legal title of Now) as Obligee, hereinafter called Owner, in the amount of FOUR HUNDRED TWENTY THREE THOUSAND THREE HUNDRED NINE AND 95/100 - - - Dollars (S 423,309.95 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated SEPTEMBER 20 19 85, entered into a contract with Owner for CONTRACT 85-18 CONCRETE PAVING, ASPHALT PAVING AND UNDERGROUND WORK in accordance with Drawings and Specifications prepared by CITY OF OSHKOSH, WI SCONS I N Ws Wert full nom and Menu or*gal Ms of AMitoct) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AAA DOCUMENT A311 • PERFORMANCE BOND • FEBRUARY 1970 ED. 1 13S-7581 Printed in U.S.A. • NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner . cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages performed Owner's obligations thereunder, the Surety for which the Surety may be liable hereunder, the amount may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions,or under the Contract and any amendments thereto, less 2) Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this 20th day of SEPTEMBER 19 85 VINTON CONSTRUCTION COMPANY (Principal) (Seal) (witness) pil.ey a'�/ . a( 644A-, MA:S/2?4%4-' (Title) j INSURANCE COMPANY OF NORTH AMERICA / /T (Surety) (Seal) (wane s) /////></ - < (Title) ATTORNEY IN FACT AM DOCUMENT A311.•.PERFORMANCE BOND • FEBRUARY 1970 ED. BOND NUMBER KO 25 89 12 6 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that VINTON CONSTRUCTION COMPANY, MANITOWOC, WISC. (Here insert full name and address or legal title of Cantrectnr) as Principal, hereinafter called Principal, and, Insurance Company of North America, 1600 Arch Street, Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF OSHKOSH, WISCONSIN (Here insert full name and address or legal tine of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the FOUR HUNDRED TWENTY THREE THOUSAND THREE amount of HUNDRED NINE AND 95/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 423 309.95 lr for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated SEPTEMBER 20 1985 , entered into a contract with Owner for CONTRACT 85-18 CONCRETE PAVING, ASPHALT PAVING AND UNDERGROUND WORK in accordance with Drawings and Specifications prepared by CITY OF OSHKOSH WISCONSIN (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • LABOR AND MATERIAL PAYMENT BOND • FEBRUARY 1970 ED. 3 BS-4294 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the • 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is proh,ihited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the 3. No suit or action shall be commenced hereunder district in which the Project, or any part thereof, is sit- by any claimant: uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 20th day of SEPTEMBER 19 85 VINTON CONSTRUCTION COMPANY (Principal) !Seal) ■ (witness) BY: �t�(1r((c, Cs IOta)-- (Title) INSURANCE COMPANY OF NORTH AMERICA d /�j (Surety ure (Seal) (Witnes ) ///////' c:: e 't_` /1 (Title) ATTORNEY IN FACT AIA DOCUMENT A311 • LABOR AND MATERIAL PAYMENT BOND • FEBRUARY 1970 ED. 4. POWER OF ATTORNEY 648561 ' INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company on May 28, 1975, to wit: "RESOLVED,pursuant to Articles 3.6 and 5.1 of the By-Laws,the following Rules shall govern the execution for the Company of bonds,undertakings,recognizances,contracts and other writings in the nature thereof: (1) That the President, or any Vice-President, Assistant Vice-President, Resident Vice-President or Attorney-in-Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice-President may appoint and authorize Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of attorney granted 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 of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company,and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on Jung 9, 1953." does hereby nominate, constitute and appoint JOSEPH L. VIGNA, DENNIS M. BARTON, CHARLENE BOHLMAN, ELIZABETH M. FEDYN, and ROBERT C. KEMMLER, all of the City of Brookfield, State of Wisconsin , each individually if there be more than one named, its true and lawful 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 and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said C. DANIEL DRAKE , Vice-President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 20th day of April 1983 INSURANCE COMPANY OF NORTH AMERICA (SEAL) by "� • C. ANIE RAKE Vice-President PENNSYLVANIA STATE OF DELAWARE � SS. COUNTY OF 1/1 On this 20th day of April A. D. 19 83 , before me, a Notary Public of theCOMMONWEALTH OF PA. in and for the County of DELAWARE came C___DANIEL..DRAKE , Vice-President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixe. y official seal at , 'RADNQR TOWNSHIP the day and year first above written. JOAN LDUGHRAN : Notary Public Upper Derby. Delaware cminty _P ■ (SEAL) My Commission Expires Jan. 1 • •' LOUG Lary Public. ,, =- .My commission expires -tee i1\1, the undersigned, A3fsaiXifiD,Secretary of INSURANCE COM OF NORTH AMERICA, do hereby certify that /.4 e.- na( POWER OF ATTORNEY, of which the foregoing is a ful , ue and correct copy, is in full force and effect. ,, • In witness whereof, I have hereunto subscribed my name asT'X>+ KKSecretary, and_affixed the corporate seal ip . h icorporation, this �'�' r`` day of ��F ��' �'" '<` ``� 19 �' 7(SEAL) - �� S S. WYLL E ,�q[4C9t3[1;Secretary „ gp SEP 3 0 1985 September 27, 1985 cm, cUtRK OSHKOSH. mns. 1 Vinton Construction Company 2750 N. Rapids Road P. 0. Box 2087 Manitowoc, WI 54220 Re: Public Works Contract No. 35-18 Labor Standards Appendix Sir: Because the above contract involves the use of Community Development Block Grant funds, federal law requires the en- closed labor standards appendix be attached to the contract document. (You will note that the enclosed pages are repro- duced from the bid specifications which are expressly incor- porated into the contract.) Kindly attach the enclosures to the contract and maintain both for your files. Due to the expeditious signature process, done at your request, to permit you to commence work on September 23, 1985, the enclosures were not attached. Thank you. Yours truly, CITY OF OSHKOSH Warren P. Kraft Asst. City Attorney wpk:lz cc: Donna Serwas - Clerk Gerald Konrad - Dir. , Public Works John Bluemke, Community Development 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 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 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. (7) The contractor will include the provisions of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such pro- visions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litiga- tion with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litiga- tion to protect the interest of the United States. C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as Amended) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employ- ment Opportunity Construction Contract Specifications" 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 Appleton-Oshkosh SMSA (including Winnebago and Outagamie Counties) . 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 their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be1employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Con- tractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foreman, superinten- dents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment oppor- tunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referred from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contrac- tor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever addi- tional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority per- son or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7(b) above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc. ; by specific review of the policy with all management personnel and with all minority and female 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. (m) Ensure that seniority practices, job classifica- tions, work assignemnts and other personnel prac- tices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifi- cations are being carried out. (n) Ensure that all facilities and company activities are non-segregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associa- tions. (p) Conduct a review, at least annually, of all super- visor's adherence to and performance under the Con- tractor's EEO policies and affirmative action obliga- tions. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) through (p)). The efforts of a contractor asso- ciation, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) through (p) of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative ac- tion for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Con- tractor may be in violation of the Executive Order if a particu- lar group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Execu- tive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any per- son because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Oppor- tunity Clause, including suspension, termination and cancella- tion of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implement- ing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these speci- fications, shall implement specific affirmative action steps, at least as extensive as those standards predescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Con- tractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, appren- tice, trainee, helper, or laborer) , dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be main- tained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application or requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). • E. Section 3 Clause All contractors will be required to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Contractors may be required to submit evidence documenting their compliance. • Federal Labor Standards Provisions U.S. Dep'rtr"ent of Houses /.� and Urban Development ,r AppacabiRy 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.(I)Minimum Wages.Alf laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 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 Man- 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the 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 Past 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,tiro 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)If the contractor does not make payments to a trustee or other third fide fringe benefits under Section 1(bX2)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'S.5(a)(1)(iv);also,regular bona fide fringe benefits under a plan or program,Provided.That the contributions made or costs incurred for more than a weedy 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 lion for the time actually worked therein:Provided,That the employees 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(aX1)(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, tutor 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 bursa such amounts withheld for and on account of the contractor or sub- (3)The proposed wage rate,including any bona fide fringe bane- 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.(1)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- rest classification,hourly rates of wages paid(including rates of contnbu- cation action within 30 days of receipt and so advise HUD or its designee tons 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 Oavis-oocon 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 (aX1)(iv)that the wages of any laborer or mechanic include the amount of employed in the classification or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro- designee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2)(B)of the Davis-Bacon Act the contractor (including the amount designated for fringe benefits,where appropriate), shall maintain records which show that the commitment to provide such Previous Edition is Obsolete HUD-4010(244) IHB 1344.1) benefits is enforceable,that the plan or program is financially responsible, apprentice.The allowable ratio of apprentices to journeymen on the job site and that the plan or program has been communicated in writing to the in any craft classification shall not be greater than the ratio permitted to the laborers or mechanics affected,and records which show the costs antici- contractor as to the entire work force under the registered program.Any pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at an apprentice wage rate.who is not registered employing apprentices or trainees under approved programs shall maintain or otherwise employed as stated above.shall be paid not less than the written evidence of the registration of apprenticeship programs and certifi- applicable wage rate on the wage determination for the classification of cation of trainee programs,the registration of the apprentices and trainees, work actually performed.In addition,any apprentice performing work on and the ratios and wage rates prescribed in the applicable programs. the job site in excess of the ratio permitted under the registered program (Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on the wage detemd- Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing (II)(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 contract work is performed a copy of all payrolls to HUD or its designee if registered the ratios and wage rates(expressed in percentages of the jour- the agency is a party to the contract but if the agency is not such a party, neyman's hourly rate)specified in the contractors or subcontractor's regis- the contractor will submit the payrolls to the applicant sponsor,or owner, tared program shall be observed.Every apprentice must be paid at not as the case may be,for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program for the apprentice's submitted shall set out accurately and completely all of the information level of progress,expressed as a percentage of the journeymen hourly rate 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 hinge benefits in accordance with the provisions of the apprenticeship for this purpose and may be purchased from the Superintendent of Docu- program.if the apprenticeship program does not specify fringe benefits, meats(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 Administrator submission of copies of payrolls by all subcontractor&(Approved by the determines that a different practice prevails for the applicable apprentice Office of Management and Budget under OMB Control Number classification,fringes shall be paid in accordance with that determination.In 1215-0149.) the event the Bureau of Apprenticeship and Training,or a State Appren- (b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws approval of an Compliance,"signed by the contractor or subcontractor or his or her agent apprenticeship program,the contractor will no longer be permitted to utilize who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work contract and shall certify the following performed until an acceptable program is approved. (1)That the payroll for the payroll period contains the information (a)Trainees.Except as provided in 29 CFR 5.16,trainees will not be required to be maintained under 29 CFR Part 5.5(a)(3)(i)and that such permitted to work at less than the predetermined rate for the work per- information is correct and complete; formed unless they are employed pursuant to and individually registered in (2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal cartifi- 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 straalon.The ratio of trainees to journeymen indirectly,and that no deductions have been made either directly or indl- 1 sappy on the job site shall not and from the full reCUy greater than permitted under the plan approved by the Employment and wages earned.other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress, (3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the applicable wage rates and fringe benefits or cash equivalents for the clan- applicable wage determination.Trainees shall be paid fringe benefits in sication of work performed,as specified in the applicable wage determine- 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 apprenticeship program associated with the corresponding journeyman paragraph A.3.(i)(b)of this section. wage rate on the wage determination which provides for less than full (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 Tide 31 of the United States Coda approved by the Employment and Training Administration shall be paid not (18)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work 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 permitted under the Department of Labor,and shall permit such representatives to interview not less than the applicable wage rate on registered program ti nll be the peso s.9 wage determination for the 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 withdraws approval of a training program,the contractor will no or its designee may,after written notice to the contractor,sponsor,appli- longer be permitted to utilize trainees at less than the applicable predeter- cant,or owner,take such action as may be necessary to cause the sus- mined rate for the work performed until an acceptable program is pension of any further payment advance,or guarantee of funds.Further- approved. more,failure to submit the required records upon request or to make such (iii)Equal employment opportunity.The utilization of apprentices, records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conformity with the CFR Part 5.12. equal employment opportunity requirements of Executive Order 11246,as 4.(i)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 in this contract Labor.Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub- and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such Bureau,or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions employment as an apprentice in such an apprenticeship program,who is require,and also a clause requiring the subcontractors to include these not individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor actor or lower tier subcon- (where appropriate)to be eligible for probationary employment as an tractor with all the contract clauses'in 29 CFR Part 5.5. HUD-4010(2-84) • 7.Contract.termination;debarment A breach of the contract clauses in pensation at a rate not less than one and one-half 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 merit 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 rut- (2)Violation;liability for unpaid wages;liquidated damages.In the ings and interpretations of the Davis-Bacon and Related Acts contained in ant 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 accor- 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 HUO 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)Cer f ieation of Eligibility.By entering into this contract the con- merit 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 autho- Bacon Act or 29 CFR 5.12(aX1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to be pate in HUO programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the (II)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(aX1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which or participate in HUO 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.Crimnai 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 shall 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 Employes.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)Na 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 meat 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. 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O O } CD i C) ", Mo fy.10 irr.I,i a "0 cmn:.r\ a rn v 0 w w • N O C C C: • Insurance Company of North America Aetna Insurance Company CIGNA.companies 2323 North Mayfair Road P O.Box "3248 Milwaukee, WI 53213 1414; 778-5230 CIGNA November 19, 1985 City of Oshkosh City Hall P.O. Box 1130 Oshkosh, Wisconsin 54902 Re: Vinton Construction Company Dear Sirs: Enclosed please find a copy of the endorsements changing the Performance Bond Amount to $341431.95 and the Labor and Material Payment Bond Amount to $341431. 95 Bond Number KO 25 89 12 6 for Vinton Construction Company. Sincerely, (.1/2 4;',4LT Melinda Sterns Bond Department Encl. cc: Midwest Surety Services LX Insurance Company of North America ❑ CIGNA Insurance Company L Aetna,lnsurarce Company CI Century Indemnity Company F I L E 7 E Aetna Fire Insurance Company LA(NA L ?acific Employers Insurance Company CIGNA Companies NOV 2 1 1985 CITY CLERK OSHKOSH. WIS. '� o rd nd Material Payment Bond KO 25 89 12 6 Rider to be attached to and form a part o on Dumber on behalf of . VINTON CONSTRUCTION COMPANY (Name) MANITOWIC, WISCONSIN (Principal), (Address) and in favor of CITY OF OSHKOSH, WTSCf1NSTN (Obligee), executed by the Company indicated above (Surety) in the amount ofFOUR HUNDRED TWENTY THREE THOUSAND THREE HUNDRED NINE AND .95/100 Dollars ($ 423309.95 ) effective September 20 19 85 The Principal and the Surety hereby consent to changing the said bond as follows:THE AMOUNT OF THE BOND IS AMENDED TO READ: "THREE HUNDRED FORTY—ONE THOUSAND FOUR HUNDRED THIRTY—ONE AND .95/100 DOLLARS ($341431.95) Nothing herein contained shall vary, alter or extend any provision or condition of the bond other than as above stated. Signed, Sealed and dated this 18 t day of October , 1985 VINTON CONSTRUCTIO COMPANY // BY: (a ,� Pi^�zt Lc2_�, INSURANCE COMPANY OF N,ORT4AMERICA Attorney/lin—Fact f BS-4983a Form 630-91 Ptd.In U.S.A. .` ff., r"\.: ✓r`\/� ;`,;(. / \ \ ff ..�,'.;�.' )\`' r� `.,'//,:, .,:-.'"/);- ` ' :'._. �, r N.)././/.. ' to k.4 , nca ,t '2% '° ▪ . "' �ii•�-t,RI a tier ,,, y , [, �� reS That RA COMPANY OP NORTH NER�:ICA, a corporation of the Com'monvsfe. lfh of,Pert sSI +tL°h g+t.,,p*ietpel Mice in the t.i of Philadelphia, Pennsylvania,pursuant to the,following Resolution ado d y ttt Board of far e said C mpBny on Decertmbe?'SS,1963,to wit:. , ;� ,-gyp. pt<�jp;y jyacppir5u�*S2$5t�n,ies;3/�a 15..)o} .Bylaws the folfo�utg Sues shell govern the execution for the Company of bOndS undettakiggs,recognizances contracts and other wrItihRth rtiehatute tbered( .'. • = 5` ` - - - - `' lTl _"•nti r Thai the I�lQS?dent%'Brt•1'SpR'or.Vice fltesldsn�any:hL'38r�1Gnt.;any A55rStapi ytGa?regrden^j ar gRYS}ttorneY rct°Pact,maye°xeCUte for andOn hBhBlf orihe Company any and all bonds,undertak- +ng3�•T£, itri rr s,rtrapteend other writs ux,ttre rt3t'are thereof'the s�dme,to beettested wheelfeceaary by the Corporate Secretary,or any Assistant Corporate Secretary,and the seal of the '-2,,,,I."1--." pMp'yhK�'b'ff(XeQaherrft4i-end tha.Uthe P�4IO XKS•;$eplgi Vice Presrdeelt.any Vice Pte4'nf or arty Asstslarrt Vice-FresldehThby apices afir auttrorr a arty dther.Offcer(elected or appointedt of th dm rrv,afr AttcM®yS"th.FaCI lb SO eXep r'use's f ItetKje the'exeCUVop of ad-such wtitmgs,oh Walt ofthe Company and to afire t re seal pf tire CWnPany Thereto. (2) Any6rch. tt�gexeeuted-tnaceordancev44k:theseR �lbe'eebidding'rigontheCo tpatrytoany,casea5thoughstgne dbythePresidyntendattestedtoby.theCorporateSecretary.' 13f ' Tha BignatiJte of the Preen:fent,or a,SeMgr,Y,Ce P,ra�.dent,or a Vice President,°or an AsyKtant Vice President and the seal ci the Company may be affixed by facsimile on any power of attorney ` granted prupuant to trite Resolt i+on,and the sgnatu a:of a dertifying Officer ar,d the sees of th'e Comthany may be affixed by facsimile to any certificate of any such power,and any such power or car- tifitatebearrng.suchfacein;le SitnaroreandseashaUPevalidandbmdmi9ontheCompany. _, ii 141 - Such:other Officers of the Company add=Anorneys arrt-Fact§haiI have a,ithordy to certify on verify copies of this Resoluti on,the By-Laws of the Company,and arty affidavit or record of the Company necessary to the dtscharge17f oftetrdut ei. • (5) The_passage of this Resotuttdn does not revoke a(*.earlier aruthorrty granted by Resolutions pf the Board of Directors adopted on June 9,1953 iday 28;i$15 and March 23,1977." does hereby nominate,constitute and appoint LOUIS M.l`. GRALLO, W.H. •MANCHESTER, ANNETTE K. GUEX, MELINDA LEE STERNS, DAVID D. 'SAGASER., and:: KURT .ALLEN BEHRMAN, ;_all of the City of Milwaukee, State of Wisconsin : r: --- -- ..- w ,,.f.. .---- --- - .__—___.—...--_-- :.,..4. :,_-.......::_....-.-;:.___4_:. ..._ each Individually if there be.more than one named, _• its true and lawful attorney-in-fact,to make, execute, seal and deliver on i.ts::behaff,and as its act and deed any and al bonds, undertakings, 0' recognizannes, contracts and other writings in the.nature thereof.And the execution of such writings in pursuance of these presents, shall o be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. rn IN WITNESS WHEREOF,the said H.F. McCranie, Jr., Vice-President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 72nd z day of JANUARY 19 M 0 z ���� INSURANCE COMPANY Of NORTFR AMERICA- ' m ;s = by iIa.Kfr Vice-Ptestdent 0 o COMMONWEALTH OF PENNSYLVANIA z ss. 0 COUNTY OF PHILADELPHIA On this 22nd . day of JANUARY , A.D. 1935_ before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came H.F. McCranie, Jr., Vice-President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding in- strument,and-he acknowledged that he:executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Coe'%• -t the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and• th. 'df6 ti Jon, • -d by the Board of Directors of said Company, referred to in the preceding instrument,is now in force. © . t WHEREOF, I have hereunto set my hand and affixed my official seal at thai.Cit.y of Philadelphia the day-and year 'first a�. e writte ,I7\ _.. •r,? 9oANT CAREy;-..N....intary Public Notary Public F i IS AL) .Philadei��,fa. Phifadalphia tour,/:PA: JEAN T. � • ' S -ca �� My Commission Expires July Ili 15115 .• i 2- : -),the�ipt�ersgn Secretary of-INSURANCE-•.. COMPANY. OF NORTH AMERICA,do hereby certi fy that the original POWER 'T'f l'irE ";of/~ the foregoing IS a full,true and correct copy, is in full force and effect. rj:-)F. � 'r ereof, l ve ereunto subscribed rrty. me,la Secretary, and affixed the corporate-sea„J,.of the Corporation,•. this day of ,k' /eat/ 19. • (SEAL) James S.Wyllie Secretary ;,,.-'-1.. k..HA&F.,4'''t,i'i:t-4,';:i.".i'l ii , . , ,,,„ , , k Insurance Company of North America ❑ CIGNA Insurance Company I_-; Aetna Insurance Company ❑ Century Indemnity Company L Aetna Fire Insurance Company ❑ CIGNA C "'acific Employers Insurance Company CIGNA Companies FILE'D NOV 2 1 1985 Rider to be attached to and form a part oronocTNumcberBond KO 25 89 12 CITY CLERK OSHKOSH. WIS. on behalf of VINTON CONSTRUCTION COMPANY , (Name) MANITOWOC, WISCONSIN (Principal), (Address) and in favor of CITY OF OCHYOSH, WISCONSIN (Obligee), executed by the Company indicated above (Surety) in the amount of FOUR HUNDRED TWENTY THREE THOUSAND THREE HUNDRED NINE AND .95/100 Dollars ($423309.95 ( effective September 20 19 85 . The Principal and the Surety hereby consent to changing the said bond as follows: THE AMOUNT OF THE BOND IS AMENDED TO READ: "THREE HUNDRED FORTY—ONE THOUSAND FOUR HUNDRED THIRTY—ONE AND .95/100 DOLLARS ($341431.95)" Nothing herein contained shall vary, alter or extend any provision or condition of the bond other than as above stated. Signed, Sealed and dated this --18th _ day of October , 19 85. VINTON CONSTRUCTION COMPANY all/ : j . INSURANCE COMPANY OF - TH AMERICA i B - � , /i .. -17 .. /27)? Attorne —in—Fact 7 r'. BS-4983a Form 630-91 Ptd.in U.S.A. t g r , 7 - Insurance Company of North America u 4` 1i a CIGNA company s, ,--tlf.„00,*--alV.61,0 by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Com nOnwealth of Penisylvania,having its-principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution ado ted�.by-th`e Boars o4•Directors of the said Company on December 5, 1983, to wit: 'RESQLVED;That pursuaOt to Articles 3.18 and 1 of the By-C:ew$ the fo@Owing Rules shag govern the execution for the Comneny of bonds,undertakings,recognizances,contracts and other wrings In the nature thereof: - 11/ That the President,any Senior-Vice President,any Vice resider any Assistant Vice President,or any Attorneyin,fact,may execute for and on behalf of the Company any and all bonds,undertek- ings,ieCggnrzances conracta:_and other writings in:the nature thereof,the same to be attestettwhennecessary by the:Corporate•Sectetary,or any Assistant Corporate Secretary,and the seal of the ' ' Company affixed thereto,,and•that the-President.arty Senior.ViOh-President,any Vice President Or err Assistant•Vice President:may appoint and authorize any other Officer!elected or appointed)of the Company.and Attorneys-iii-Fast to so-ekeeuteor attest to the execution of ail such writings on behalf of thaCorn any and to affix the seal of the Company thereto 121 Any such writing-executed to eecerdanOe yµith these Rules shad!be as binding upon the Company to arty case as though signed by the P•rebident and attested to be tfieCorporate Secretary_ f31 The signature of the Presrdeil:or a Server Vice President,or a•Vice President,or an Assistant Vice;President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution,end.the signature of a certifyir:fg Officer and the seal of the Company may be affixed by facsimile to any certificate of any such power,and any such power or car- t+ficate:hearing such facsimile signature:and seaf shall be valid and boding en the Company., . : , 141 Such other Officers of the Company,and Attorneys-in-fact shall have authOrit to certify or verify copies of this•RehOlutfon,the ByLaWs of the Company,and any affidavit or record of the Company necessary to the discharge of their duties,::` • 151 • The passage of this Resolution doeknot revoke any earlier authority granted by Resolutions of the Board of Directors adopted on June 9,1953,May 28,1975 and March 23,1977.- does hereby nominate,constitute and appoint LOUIS M.J. GRALLO, W.H. MANCHESTER, ANNETTE K. GUEX, MELINDA LEE STERNS, DAVID D. SAGASER, and KURT ALLEN HEHRMAN, all of the City of Milwaukee, State of Wisconsin each individually if there be more than one named, 0 its true and lawful attorney-in-fact, to make, execute,seal and deliver on its behalf, and as its act and deed any and all bonds,undertakings, arecognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall m be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers Ei of the Company at its principal office. Z IN WITNESS WHEREOF,the said H.F. McCranie, Jr., Vice-President, has hereunto subscribed his name and affixed the corporate o seal of the said INSURANCE COMPANY OF.NORTH AMERICA this 9?Tiri w JANUARY 19_SS_. z - day of o¢. 7s',,,.\ \ INSURANCE COMPANY OF NORTH AMERICA o l�I4 f by / Vice-President j ' COMMONWEALTH Of PENNSYLVANIA ss. COUNTY OF PHILADELPHIA On this 22nd day of JANUARY , A.Q. 19 85„before me,a Notary Public of the Commonwealth of Penmsylvania in and for the County of Philadelphia came H.F. McCranie, Jr.,• Vice-President of the INSURANCE COMPANY OF NORTH AMERICA to me personally knOwrt to be the individual and officer who executed the preceding in- strument,and he acknowledged that he executed::the same, and that the seal affixed;to`the precedf`nginstrumerst is the corporate seal of said Co� t the said corporate seal and his signature were duly affixed by the authority.and direction of the said corporation, and th 166$Jtl n,04 d-by the Board of Directors of said Company, referred to in the preceding instrument is now in force. •/3 0 s rli irk W i1 REOF, I have hereunto set my hand and affixed my afficial-se�the City of Philadelphia the day and year•/firs s�.'e written, 111 . ” i t"'... I U --�) 9bAtt T.CAREY Notary Public Notary Public I '(S AL) CF "E a . Philadelphia.Philadelphia Cayntyr;PA, JOAN 7..''CAREY -q My Commission Expires July.T , tsa8 . ‘,'z. r t�;,I, the ucalleri�gne , Secretary of INSURANCE C()MPANY Of NORTH AME3 .0,hereby certify that.the original POWER b °T #14.J.y ' rt 'the foregoing is a full, true and correct copy, is infull force.and: ffcst, �, '< -w�tl„ , ereof 1 h ve hereunto subscribed my n ne._e' SSecretary, and affixed`, e .Corpcfrete.se,H,i.of the C4t9oration, this day of '�1x i�Jtz�L IS EAL) y J;arnes S_W.ylhe`./ Secretary « ,t y 'fin.-"^ ♦ '1`'t ' N:/, �✓ ,- r� ' > A f. , , - tgT ••• ,: '• - o � .: . ., ,, : , o � ' 1 R n N 27-_ - s s o , m n , o > w u 0 v .- .- a c 0 ' 7 0 . O o . 0 i r • 'o ..a w r e u P,14 a . o g C• • n a c a • • to n Ta s c•n n°� n0 e. ° 9 i w A▪ 7, n n 5. S 6 c n . W n a n < s u . n � a ' a 0 .' A L L A C ^ n . i n g^ R w P 2 : w v n ^ F a. .r a S w a c r••• ° n a • ••• •C . • . d ., .• a s M a • • So c s0 . _ s n � 1 w • ' N u f c 4. - < e .r. 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