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Van Zeeland Oil & Heating/Grand Opera House Restoration
6\NR Elk THE AMERICAN INSTITUTE OF ARCHITECTS 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 Twentieth (20th) day of June in the year of Nineteen Hundred and Eight-Five BETWEEN the Owner: THE CITY OF OSHKOSH 215 Church Avenue Oshkosh, Wisconsin 54901 and the Contractor: VAN ZEELAND OIL & HEATING COMPANY, INC . Moasis Drive, Post Office Box 208 Little Chute, Wisconsin 54140 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 OCUMENTS Supplementary and Specifications, all Addenda issued prior to andhall C Modifications ao is issued of t r this The Contract Documents consist of this Agreement, the Conditions of the Contract (General, upp curio Conditions),tis Agreement.Drawings, These, the p part of exe- cution e this repeated herein.sAno enumeration tof the Contlract Documents appears in Article 7. Agreement ARTICLE 2 THE WORK The Contraccaption orshall perform p of all the as used oeui other by the Contract Documents for (Here insert the DIVISION 15B - HEATING , VENTILATING AND AIR CONDITIONING Phases III & IV Restoration & Rehabilitation The Grand Opera House Oshkosh, Wisconsin ARTICLE 3 TIME OF COMMENCEMENT AND US BSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on July 1 , 1985 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than July 1 , 1986 (Here insert any special provisions for liquidated damages relating to failure to complete on time.) If the Contractor shall neglect , fail or refuse to complete the work within the time herein specified, or any proper extension a ree, thereof granted by the Owner then the Contractor does hereby go as a part of consideration for the awarding of this conract ,bto pay to the Owner the amount of $200. 00/day, not as a penalty as liquidated damages for such breach of contracthasChereinafter set forth, for each and every calendar day 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,ASES I III NEW & YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 FILE NO. 8133/79005 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 ONE HUNDRED THIRTEEN THOUSAND FIVE HUNDRED FORTY AND NO/100THS DOLLARS ($113 ,540. 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 13 June 1985 Lump Sum Base Bid No. 4 $113 , 540. 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; txpoc b?s o§tut irmxptimxixxXot5xxottonktmokx,xxamadbxixtxxxtruntagacituixocabpAzinextxxxxxxx xxxxxxxxxxxx= t(xxxgick) kkoAk tx►x MhAR 6 €k ikAMIT AM- x xix Rieltx\Mxtox tockok aiwymidxdci it k xotiN xtxxxxxxxxxxxxxxxxxxxxxxxx (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® I1 F E •81 /EAC.■6 STITl1IE_OF �HIIE�TS, 1735 IF YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 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 TITLE PAGE Pages Thru TABLE OF CONTENTS 1 Page DIVISION 1 — CONDITIONS OF THE CONTRACT TC/ 3 Federal Requirements and Regulations Equal Employment Opportunity, and Federal Labor Standards 1-11 Part II • Federal Labor Standards General Conditions 1— 4 Supplementary Conditions 19 General Requirements SC/20 DIVISION 15 — MECHANICAL GR/16 (Applies to Divisions 15A, 15B, 15C) Section — Title 15000 — General Requirements 15000/ 7 15050 — Basic Materials and Methods 15050/ 8 DIVISION 15B — HEATING, VENTILATING AND AIR CONDITIONING ection - Tit e 15601 — Vibration Isolation 15601/ 2 15608 — Natural Gas Fuel System 15608/ 1 15772 — Packaged Rooftop Heat/Cool Equipment 15772/ 3 15820 — Air Distribution Fans 15820/ 2 15840 — Ductwork and Accessories 15840/ 4 15870 — Air Diffusers, Grilles & Registers 15870/ 3 reement entered into as of the day and year first written above. OWNER CONTRACTOR AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 FILE NO. 8133/79005 — PHASES III & IV Pages Thru • 15890 - Sound Attenuating Systems 15890/ 1 15902 - Controls and Instrumentation 15902/ 3 15907 - Testing and Balancing Air Systems 15907/ 3 ADDENDA No. 1 dated 29 May 1985 No. 2 dated 30 May 1985 DRAWINGS , FILE 8133/79005 - PHASES III & IV, dated 9 May 1985 Heating, Ventilating and Air Conditioning H-1 thru H-9 CONTRACTOR'S PROPOSAL, dated 13 June 1985 Pages C/1, C/4 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 4 FILE 8133/79005 - PHASES III & IV 5 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 VAN ZEELAND OIL & HEATING CO. , INC. / Apr� 'La ' BY__� . t/v .72- Title Z/�� � (Seal of Contractor - if a Corporation) OWNER CITY OF OSH SH, WISCONSIN V -A ! _i _1.e Bye - d Wi Liam D. Frueh, City Manager .? r < t�� .� r By kin!I1� � �i� � Donna C. Eruebke, City Clerk SEPw ft 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) , „,_4)a City Comptroller Approved as to form and execution City 2�ttorn 41; FILE NO. 8133/79005 - PHASES III & IV 6 `WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS - '""`.'1*.: t d WIS. AIA DOCUMENT M.. ...null. JULY 1980 ED. WIS. A312 as o$ PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL Q PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT A' TO SECTION 779.14 WISCONSIN STATUTES. vi KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor)We, Van Zeeland Oil and Heating Company,Inc . , Moasis Drive - P.O.Box 208, Little Chute, WI 54140 as Principal, hereinafter called Principal, and (Here insert the legal title and address of Surety) Fidelity and Deposit Company of Maryland 250 East Wisconsin Avenue, Milwaukee, WI 53202 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 ligee, hereinafter called Owner, or the use and benefit of claimants as hereinafter provided in the amount of One Hundred Thirteen Thousand Five Hundred Forty and No/100- Dollars ($ 113,540.), (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June 20t.'.1985 entered into a contract with Owner for Phases III & IV-Restoration Zk RehaDiliation The Grand Ora .Housed - O,shkosh, Wisconsin in accordance with drawings an specifications prepared by (Here insert full name, title and address) bbro-K m in er Arch•tects I c. P allleey H t Associates,Inc. vii8 West ough Park Avenue,, Ush1osn, WI +��1 which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, us a in The said written agreement, drawings, specifications and amendments N are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES to WIS. AIA DOC. WIS. A312JULY, 1980ED. PACE 1 Copr. 1969 Wisconsin Society of Architects/AIA 615 E.Washington Ave. Madison.Wis. 53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 26th day of June , 19 _ IN THE PRESENCE OF: Van Zeeland Oil and Heating Company,Inc. Principal /1./1,6,_, ', ./_1-4*. By: Zia.,,, / / (Seal) witne Tade: Vice Pre si. - t Fidelity`: Deposit Company •f Maryland —,Nerve r C Witness .daf . -� � 1" (Seal) (7; •s- F. alsh,Attorney- • - act APPROVED BY* IN THE PRESENCE OF: arty CF 6,9f/ 'Sff / ;� s''( d// r ' // 4 6c F-. Owner ite %IC,6110 C 9 0 Witness • _ •� By `) F1,LL"4G ✓ (Seal) ' Title: L fly' C&LMK. *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. PERFORMANCE%ABOR MATERIAL. BOND TWO PAGES WIS.AIA DOC.WIS.A312 JULY 1980 ED. PAGE 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by C. M. PECOT, JR. ,Vice-President,and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Robert N. Hart jes, William J. Janssen, Joseph F. Walsh and Grace Willey, all of Little Chute, Wisconsin, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, each in a penalty not to exceed the sum of ONE MILLION DOLLARS ($1,000,000) And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert N. Hartjes, etal, dated, June 23, 1983. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their namesand affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day March A.D. 1985 y . "oj,, FIDELITY AND DEPOSIT COMPANY OF MARYLAND a_ Tik ATTEST: SEAL e By r STATE OF MARYLAND Assistant Secretary Vice-President CITY OF BALTIMORE j SS' and for he City of Baltimore,duly commis oned and qualified,came the above-named before Vice-President andtA Notary Secretary tof the Maryland,in AND DEPOSIT COMPANY OF MARYLAND,tome personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal at t • lti r he day and year first above written. „w",, ' """'` Notary Public Co ission Expires • CERTIFICATE 1,the understigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any tower of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.' IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this-_.-26th day of June 19 8 . Luau—c.d.—184-4098 A FOR YOUR PRO`1'EC'I'ION LOOK FOR THE F&D WATERMARK 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 (An Individual) wE l /��/� /j� (A Corporation)1� �- T /`�' �1A Partnership) Street City I ..L.41_ // t./« -5,74i 7S)g- 3:29"-,s' 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 . ATTACHMENT "A" TO OWNER-CONTRACTOR AGREEMENT OF 6/20/85 8133/79005 C/4 Phases III & IV UNIT PRICES (Applicable to Base Bid No. 2) 1. A single counterweight set without Muleblocks (Sets other than 24-27) , per set $ 2. A single counterweight set with Muleblocks (Sets 24-27) , per set $ 3. 1200 foot coil of 5/8" manila rope, per coil $ 4 . A 2-line, 5/8" hemp rope Muleblock, ,. per Muleblock $ 5. A 1-line spot block for 5/8" hemp rope, per block $ PLUMBING WORK Lump Sum Base Bid No. 3 . Phases III & IV Plumbing Work for the sum of Dollars ($ HEATING, VENTILATING AND AIR CONDITIONING WORK Lump Sum Base Bid No. 4 . Phases III & IV Heating, Ventilating and Air Conditioning Work for the sum of i-eli-471721X446(1Z '1_,L ,c-z- Dollars ($ ®4 O1a) FIRE PROTECTION WOR(/ Lump Sum Base Bid No. 5. Phases III & IV Fire Protection Work for the sum of Dollars ($ 8133/79005 C/8 Phases III & IV ADDENDUM RECEIPT We acknowledge receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE A4Av,:e7 4/14P 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 certified check, bid bond, etc. in the amount of "9 0 ($ ) as called for in the Instructions to Bidders. (Name of Cr ration, Partnership orr erson submitETEFTSETT- R ✓ t, Signature (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 6/20/85 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 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 - 6.97. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) per- formed in the covered area. The Contractor's compliance with the Executive Order and the regu- lations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action ob- ligations required by the specifications set forth in 41 CFR 60-4.3(a) , and its efforts to meet the goals established for the geographical area where the contract resulting from this solici- tation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the -sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part -60-4. Com- pliance with the goals will be measured against the total work hours performed. 3. the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,00 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the Appieton-Oshkosh SMSA l including Winnebago and OutA__nmi ur:t 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. S. 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 Federal Labor Standards Provisions U.S. Department of Housing AISI , and Urban Development '1 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 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 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)If 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)(lxiv);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 tion 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(axl)(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,atter 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 tions 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 dail and weekly number of hours worked,deductions made and actual under OMB control number 1215-0140.) wades 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 (a1(1)(iv)that the wages of any laborer or mechanic induce the amount of employed in the e assification or their representatives.and HUD or its any costs re.isonaol; anticipated in providing benefits under a plan or pro- d cs.griee co not agree on the prep o::ea classification ar.d v.age rate ,y,-,m ta- r:h_:l ,r. :::ct:en 1(b!(2)1Bl et the Davis-Bacon Act,:re contractor t:r,0luuinq trr.iindont desiy(fated tJr tnnge benefits,wnere.t ppropri;1r.i, t:r,_iii ir,fifiL,iIii ..`r,7' 'r.aion one tnat the commitment to provide such >u, C; _'.n ,i 011:..,!,-1. HUD-4010 (2 4l tr, 1"; benefits is enforceable.that the plan or program is financially responsible, apprentice.The allowable ratio of apprentices to journeymen on the lob site and that the plan or program has been communicated in writing to the in any craft classification shall npt 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 determi- 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 contractor's o percentages of subcontractor's agency is a party to the contract,but if the agency is not such a party, neyman's hourly rate)specified the contractor will submit the payrolls to the applicant sponsor.or owner, tered program shall be observed.Every apprenctice 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 fringe 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, 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 Administrator submission of copies of payrolls by all subcontractors.(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 (u')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 certifi- 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 on the job site shall not be or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the Employment and rectly from the full 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 clas- applicable wage determination.Trainees shall be paid fringe benefits in sication of work performed,as specified in the applicable wage determina- accordance with the provisions of the trainee program.if the trainee pro- bon 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 i 1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment and Training Administration shall be paid not (iii)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 registered program shall be paid Department of Labor,and shall permit such representatives to interview not less than the applicable wage rate on the 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. miffed 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 tide 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 rot individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be Eureau of Apprenticeship and Training or a Mate Apprenticesnlp Agency responsible for the compliance by an i s.:Pcontractor or(over tier subcon- kw rc're appropriate)to be eligible for probationary employment as an tractor with all the contract ciar,st:a In 2.9 CFR Fart~E- 2 HUD-41)10 t.-84) 7.Contracte 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 ' 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 rut- (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 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 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 towork in excess of eight representatives. hours or in excess of the standard workweek of forty hours without pay- 10.(1)Certification 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(a)(1)or to be awarded HUD contracts or partici- riled 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 (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(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 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 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 para- (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 i_ S4) • •-• o 7 • r 0 _ Lti eV • 7 ai L 6 . 6 0 !_ L `-1 0 u r V'. a 0 e A V 4 Y r • o A 11 Y u •y 0 7 I. 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V V u O r r 6 0 E 3 ■ C V3 - 6 6 co 6 Id U ■ V In S 0) C 6 Z 1-4 4 = WC , u V •V 4 ••••= 040 1.32 3 3.F G m e 3 6 3- 00 U) V 3 0-K K [V 1-Z F• V V u Y 3 < 0 6 G 00 4 0 Lam'= 43 3•• • 4 0 0 C A 0 43 F F V V Id K 0 r V r C.L 1.61 0 ) C 3 C > -_ O u C Y E .7 Z 3 u 4 1A 0 3 V L. 1•.1..1 e U 33 310 00 x 0 0 •-- F 6 O y X 1 7. 0 15 0 -1 U 03 0151500 K•.. Z d F .7 4 V3 G 4 0 00 0 0. O 1.,• 0 013 0 < Z 000 0 to t5. w 0. 14 r H •433 0 fi3 6 .4�•0.m m-10.3 ' mo - m • 6 N V SET TAB STOPS AT � ~ c � ',...,.,1 � 1/8/86 r a , �a r,$ ' ¢a �� . 't EP ■ E./- .;.;;_,.-.:: ;;!.,SUE�, ,; ,. I�:�,-- 0 o- INFORMA rloN ol";_r AND CONFERS x- a: • i IIFOH"3:JPt N T I,E ;ER-'IF,,,, It;':_ _.t':..+P-0,3 Ct RTIFICATE LOES NOT AMEND T h e McClone Agency, Inc. , .P,') 'P ' r-F HE r'F 4,I E' AF'Fr"RDEC DV -HE POLICIE• BELOW. 59 Racine Street Menasha, WI 54952 COMPANIES AFFORDING COVERAGE CONh'A.N'r A INA LETTER COMPANY International Surplus Lines Ins. Co. INSURED --— LETTER B — -- COMPAN✓ Van Zeeland Oil Co. , Inc. I TER C IF' • P.O. Box 208 __--- --------- COMPAN,' Moasis Drive LETTER Little Chute, WI 54140 _ ____- __-- —_._j. - _b..8!_� COMPANY LETTER r i:f i COVERAG'S . THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AS L. ee •.a�'F.'��'s' ^ _•IN• ATED. 4 NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RE • "- s E MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL! THE TERMS,EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. 11 r _._. PE O NSUR.AN E ('r_d Y NUME3L_._ k''L ti LABILITY rr.".ITS co ILIT IN THOUSANDS It LTR Tv c r. Ep. tii^, MM'r I— ,,C8 ----A.�uREGA E K C -IHFNCE ' A © -- ! 4e GENERAL LIABILITY t BODIt V COMPREHENSIVE FORM D12970924 11-1-85 11-1-86 $ j$ _ _ ' ;`V © PREMISES/OPERATIONS PROPERlY UNDERGROUND DAMAGE $ $ s 1x EXPLOSION &COLLAPSE HAZARD I +--- —.__ _ — '' .. x PRODUCTS/COMPLETED OPERATIONS I j I:. 81&PD .t. © conrTltACTLLAL- COMBINED 1$ 500 $ 500 x INDEPENDENT CONTRACTORS 1 _ - x BROAD FORM PROPERTY DAMAGE I x PERSONAL INJURY I PERSONAL IN JURY I$ 500 3 End. ' x Rmac� Farm GPn_-I�1 -- _. UTOMOBILE LIABILITY , 1 A x ANY AUTO CAL843272 11-1-85 11-1-86 ,t�s4Rsore $ -- Al_OWNED AUTGS iPR4 PAS S d)' 1 'r i xl A JWNED AUTOS(,THVRPASA"J\ :iC.E 'I $ ) / xI HIRED AUTOS PROPERTY X NON.OWNED AUTOS DAMAGE. i$ xi GARAGE DABII CY ! 8 &PO I I COMBINED� $1,000 � EXCESS LIABILITY , • , A x UMBRELLA FORM G07291176 11-1-85 11-1-86 COMB NED 1$ 2,000 $2,000 �--1 T H H T H A N U M B R E L L A F O R M M — STA-10108Y WORKERS' COMPENSATION – A I AND C24918336 11-1-85 , 11-1-86 $ 1 (I_ACH ACCIDENT) $ 500 DISEASE POLICY LIMIT! EMPLOYERS' LIABILITY $ ' s 'I 100 rl)IaEASE EACH EMPLOYEE! OTHER B Pollution GAS1600 11-7-85 11-7-86 $1,000/2,000 A Liquor Liability D12970924 11-1-85 11-1-86 $ 100 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLE_S/SPECIAL ITEMS f ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX Oshkosh Park Department PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P.O. Box 1130 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ;- LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Oshkosh, WI 54902 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. w AUTHORIZE. R.PRESENTAT VE f y z Attn: Linda Mingus 7L/�)�.C��c--tom ;, ACORD 25(8/84) © IIR/ACORD CORPORATION 1984,. Lei ► ► ► :� ► SET TAB STOPS AT ARROWS fl ISSUE DATE(MM/DD/YY) PRODUCER 1/1/84 Hart j e s-Walsh Insurance , Inc . NOI RIGHTS I UPON THEICERT FICA TE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 1776 E. Main Street AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 168 E- Little Chute, WI 54140 COMPANIES AFFORDING COVERAGE COMPANY _ — LETTER AHartford Accident & Indemnity Com.an INSURED COMPANY B LETTER The North River Insurance Comsan VanZeeland Oil Company, Inc . COMPANY P.O. Box 208 - Moasis Drive LETTER CUnited States Fire Insurance Com.an' Little Chute, WI 54140 COMPANY D— LETTER -- -- LETTERNY E „ OVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDIC NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY k BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CO TIONS OF SUCH POLICIES. RATED CO CONDI- TIONS TYPE OF INSURANCE POLICY NUMBER �� Vy EFFECTIVE P T,, LIABILITY LIMITS IN THOUSANDS F0�' GUi;r EXPiRA TON DATE{MM/DOIYh DATE■MM/DD'1'Y) GENERAL LIABILITY < OCCURRENCE AGGREGATE A r COMPREHENSIVE FORM BODILY �i PREMISES/OPERATIONS INJURY $ 5500 $ 500 r UNDERGROUND 86 UEN KN3080 11/1/84 —_ rEXPLOSION&COLLAPSE HAZARD 11/1/85 DAMAGE $ �G PRODUCTS/COMPLETED OPERATIONS 250 ` 250 ir CONTRACTUAL F INDEPENDENT CONTRACTORS Bi a PD Q COMBINED $ F BROAD FORM PROPERTY DAMAGE ir PERSONAL INJURY 111 PERSONAL INJURY $ F AUTOMOBILE LIABILITY ANY AUTO aooi,v ER P ALL OWNED AUTOS(PRN. PASS) 86 UEN KN3080 PER PRSON) $ 250 ALL OWNED AUTOS OTHER THAN 11/1/84 11/1/85 OLT OTHE PASSHIRED AUTOS CEP Acc+oEtin $ 50Q NON-OWNED AUTOS PROPERTY $GARAGE LIABILITY DAMAGE 200 II.iIiii EXCESS LIABILITY COMBINED $ sip UMBRELLA FORM I 523 312982 1 a OTHER THAN UMBRELLA FORM 11/1/84 11/1/85 COMBIDNED $ 5,000 $ 5,004 WORKERS'COMPENSATION STATUTORY ', AND WC 408-36-50-02 11/1/85t „, Fes= $ 100 (EACH ACCIDENT) EMPLOYERS' LIABILITY 11/1/84 00 (DISEASE-POLICY LIMIT) OTHER $ 1 00 (DISE ASE EACH EMPLOYEE) DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Phases III & IV -Restoration & Rehabilitation The Grand Opera House Oshkosh Wisconsin CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIRE EX- The City of Oshkosh 215 Church Avenue PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Oshkosh, WI 54901 MAIL---1O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY ND UPON THE COMPANY,ITS GEC OR REPRESENTATIVES. AUTHO',/"D R E E ' _ �4%�'=-.l, y Jose.h F. Walsh ACORD 25 (s/Baf IIR/ACORD CORPORATION 1984 .J 0 yarbro kemrpinger architects, inc. -i 1018 W. SOUTH PARK AVENUE • POST OFFICE BOX 2096 • OSHKOSH, WISCONSIN 54903 • 414/235-3310 CHANGE ORDER NO. HVAC-3 OWNER'S COPY FILE NO. 8133/79005 - Phases III & IV CONTRACTOR'S COPY 7 DATE August 1986 ARCHITECT'S COPY The City of Oshkosh, OWNER 215 Church Avenue , Oshkosh, Wisconsin 54901 Van Zeeland Oil & Heating Co. , Inc. , CONTRACTOR Moasis Drive , P.O. Box 208 , Little Chute , Wisconsin 54140 Heating, Ventilating & Air Conditioning, Phases III & IV, CONTRACT FOR Restoration and Rehabilitation, The Grand Opera House , Oshkosh, Wisconsin IT IS HEREBY AGREED THE FOLLOWING CHANGE IN THE WORK SHALL BE COMPLETED IN ACCORDANCE WITH THE ATTACHED PROPOSAL AND SUBJECT TO TERMS OF THE ORIGINAL CONTRACT DATED 20 June 1986 Add one EF-1 exhaust fan per drawing schedule. (Schedule indicated EF-1 was Phase II work, which was in error. ) Contractor ' s Proposal , dated May 21, 1986 , is attached. FOR THE SUM OF (ADD -NIEWS1t) SIX HUNDRED TWENTY FIVE AND NO/100THS DOLLARS ($ 625. 00 ) ADD DEDUCT ORIGINAL CONTRACT 113 ,540 . 00 PRIOR TO EXTRA ORDERS THIS ORDER 524 . 00 14 ,195 . 00 1 ,149 . 00 THIS ORDER 625 . 00 NONE CREDIT ORDERS 14 ,195. 00 TOTAL TO DATE 1,149. 00 14 ,19 5 . 0 NET TOTAL TO DATE 100 ,494 . 00 APPROVED ACCEPTED YARBRO-KEMPINGER, ARCHIT CTS CITY OF OSHKOS t, WISCONSIN BY t�� / ArArs.ri . # • BY " !/� +'_l w-=zee t City Manager 'iobert L. Yao:ro BY 'hii.. 1'A I 1 0 4 ,(,' ji City Clerk ACCEPTED B: 1'v-• - EEC_• - y VAN AND OIL & HEATING CO. INC . Y L � � Cit A torney I certi `w''�rt a necessary BY` � -7y provisions have been made to pay the liability that will accrue under this contrac t--e " . , 1 , City Ccxnptroller 1J1Xfl4lflZt11 Page No. of Page VAN ZEELAND OIL & HEATING CO., INC. 301 E. North Street • Little Chute,Wisconsin 54140 • Phone: 733-6594 PHONE: DATE: PROPOSAL SUBMITTED TO: 5-21-86 NAME: JOB NAME: Yarbro-Kempinger Architects, Inc. Grand Opera House Phases III & IV STREET: STREET: 1018 W. South Park Ave P.O. Box 2096 CITY: CITY: STATE: Oshkosh, WI 54903 STATE: ARCHITECT: DATE OF PLANS: We hereby submit specifications and estimates for: ❑CENTRAL VACUUM SYSTEM ❑WEATHER WATCHER ❑FURNACE ❑SHEET METAL 0 GAS PIPING ❑SPACE PAK ❑HUMIDIFIER ❑AIR CONDITIONER ❑OIL TANK ❑PALM BEACH ❑GUTTERS ❑FLASHINGS ❑WATER HEATER EtWIRING 24 volt ❑REMOVE OLD FURNACE El ELECTRONIC AIR CLEANER ❑ ❑ We will completely install one EF-1 exhaust fan to put in place of the fan shown as existing on page H-5 for the above job for a total price of $625.00. This price includes all necessary material, labor and sales tax. We hereby propose to furnish labor and materials—complete in accordance with the above specifications,for the sum of: Six Hundred twenty Five dollars 1$ 625.00 )with payment to be made as follows: Terms: as agreed All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. ,ur workers are fully covered by Workmen's Compensation Insurance. / 7 NOTE:This proposal may be withdrawn by us if not accepted within days. �r��'� Signature Arcrptaurr of Proposal The above.prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. rrrptrb: Signature Date Signature IF ACCEPTED RETURN THE YELLOW COPY 01 CEIRrinFICATE OF INSURANCE . 12/15/86 r, .:,.. PRODUCER THIS CERTIFICATE IS ISSUED AS A M1 ER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE L'OES NOT AMEND. The McClone Agency, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED SY 7 HE POLICIES BELOW 59 Racine Street Menasha, WI 54952 , , COMPANIES AFFORDING COVERAGE _ .. ---- - - , COMPANY -t- A ) Insurance Company of North America --- . (_ 6--RA-7\ 0 p2-Co■ i°4&-lSe efritt- "--- 1 COMPANY INSURED LETTER B n. •' International Sur•lus Li . - s Co._ _ Van Zeeland Oil Company, Inc. C-o-mTEPc 7 f 1 If-----iE iil LETR i P. 0. Box 208 rl D 1 Moasis Drive COMPANY I 1 , LETTER Iri,i '.. 1966 ' ! . Little Chute, WI 54140 6 COMPAN', LETTER COVERAGES ________- THIS .,„ ..-- __ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEN1 WITH RESPECT 10 WHICH Te-IIE:CERTF1CATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLU,>IONS,AND CONDI- TIONS OF SUCH POLICIES. co ', :0_ x■-,,'-,'. ,^, , ALL LIN,11-S IT- THOUSANDS TYPE Os INSURANCE ,,C,,i'C', V.,A1BER. ,..TP, , :,,,''=- w. GENERAL LIABILITY .E'J ,,,_ At,,, ,GATi 1-$ --:- COMMERCIAL GENERAL LIABILITY 1,4E.I.' -'-,t,T,^.()P;AUGRE A x D12970924 11 /01 /86 11 /01 /87 I t :._AAMA MADE XD.:1_,PRE\CE ',4,.3 AT,' AT '', _,'-' '$ SOO , O!.V.:R:I,&C;IY,,'RACTORS PPOTECT vf I'I:Al., ',(—qPP,,cE $ x H FA: -;m4c.E ,A.,,, -NL [.,,• ---- , _ ri-----------.--:-Z-------:---------- ----- ,,,------JUll 1 r,,,:D,,, -_,DL,,,E J',%,( l',,1- -.•-rTN 40 ---f-- - t AUTOMOBILE LIABILITY , .. , I■-:SL A --I :AV, ALM : . . tAnX— A,. OWNED AUTOS CAL843589 11 /01 /86 11 /01 /87 00,,,, 4: 1 ,000 si;F-tDULED AUTOS pEp pERsod$ P'D AiiOS 1 '1',J PAP AilTnq , dr:R InDEN`, i$ ,-- i . - 1 ' ,;,,,Ri'.,,E ,,AL -ni H-- IPRCETA': , , EXCESS LIABILITY EAC., ,,CCEJRP,..:E r-----1 A x ULGO9483378 11 /01 /86 11 /01 /87 $ 2,000 $ 2,000 OTHER TIHAN UMBRELLA FORM I ':,TA'rUTOFrr WORKERS COMPENSATION C27375112 11 /01 /00 11 /01 /07 ' !s, ,U'A,ACE,C)EN', AND $ ■DISEASE POL■CA ._V', __---50-0 EMPLOYERS' LIABILITY 1. OTHER B1 Pollution : GAS 2913 11 /07/86 11 /07/87 $1 ,000/2,000 • DESCRIPTION OF OPERATIONS/LOCATICNS/VEHICLES;RESTRICTIONS/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. Oshkosh Park Department PIRATION DATE THEREOF, THE ISSUING COMPANY ,.VILL ENDEAVOR TO P.O. Box 1130 MAIL 1 ODAYS WRITTEN NOTICE TO THE CERTIFICATE HoLDER NAMED TO THE Oshkosh, WI 54902 LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: Linda Mingus LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RE'RESENTATIVE C 1 / 1:ACORD 25-S(11/85) ©IIR/ACORD •ORPORATION 19 .,,