HomeMy WebLinkAbout961616.tiff EXHIBIT V111-J
CONTRACT DOCUMENTS
THIS AGREEMENT,made this Fifth dayof September 7996
by and between Cn„ f W 1d herein called"Owner"
(e8TRKORA�E NAME OF PUBUC AGENCY)
acting herein through its Chair Board of County Commissioners and a corporation/a
(TITLE OF AUTHORIZED OFFICIAL)
partnership/an individual (Strike Out Inapplicable Terms)doing business as Thicrnn rnnstr„rtitn
Corporation ,of Greeley, Countyof Weld
and State of Co]orado , hereinafter called "Contractor?
WITNESSETH:That for and In consideration of the payments and agreements hereinafter mentioned,to be
made and performed by the OWNER,the CONTRACTOR hereby agrees with the OWNER to commence and
complete the construction described as follows:
Monfort Children's Clinic facility at 100 North Eleventh Avenue,
Greeley, Colorado
One million, Two Hundred Thirty-four
hereinafter called the project, for the sum of Thousand, Five Hundred Dollars
($ 1 23 4,500 ) and all extra work in connection therewith, under the terms as stated in the General and
Supplemental Conditions of the Contract, the Terms and Conditions of the Contract, and the Labor
Standards Provisions of the Contract; and at his(its or their) own proper cost and expense to furnish all
materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said project in accordance with the conditions and prices stated
in the Proposal, the General Conditions, and Supplemental General Conditions of the Contract, the plans
which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter
thereof, the specifications and contract documents therefor as prepared by Davis Partnership P.C.
Architect herein entitled the Architect/Engineer, and as enumerated in Paragraph I of the
Supplemental General Conditions, all of which are made a part hereof and collectively evidence and
constitute the Contract.
The Contractor hereby agrees to commence work under this Contract on or before a date to be specified
in a written 'Notice to Proceed' of the Owner and to fully complete the project within 237 consecutive
calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of
$ -0- for each consecutive calendar day thereafter as hereinafter provided
in Paragraph 19 of the General Conditions.
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drilAdt/LI �7ao12
961616
EXHIBIT VIII-J, Cont.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract, subject
to additions and deductions,as provided in the General Conditions of the Contract, and to make payments
on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions.
IN WITNESS WHEREOF, the parties to these presents have executed this Contract in six (6) counterparts,
each of which shall be deemed an original In the year and day first above mentioned.
IT IS HEREBY AGREED that North Colorado Medical Center Foundation shall be a
third-party beneficiary of this contract.
(SEAL)
KIT County of Weld
Owner
Art ti / AA / / Byee ./ may°�
/c(��Cler ,: to the Board U
r ✓ — "Anj- chair, Ro'rd County (nmmi cc1 nnars
Witness 1 Title
(SEAL)
ATTEST: Thissen Construction Corporation
i / Contractor
Secretary
Pf2GS: a s 4-
Witness Title
2900 "F" Street, Greeley, CO 80631
Address
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EXHIBIT VIII-J, Cont.
GENERAL CONDITIONS OF THE CONTRACT
1. Contract and Contract Documents
The project to be constructed pursuant to this Contract will be financed with assistance from the
Colorado CDBG Program and Is subject to all applicable Federal and State laws and regulations.
The Plans,Specifications and Addenda,hereinafter enumerated in Paragraph 1 of the Supplemental
General Conditions shall form part of this Contract and the provisions thereof shall be as binding
upon the parties hereto as if they were herein fully set forth.
1. Contract and Contract Documents 35. Architect/Engineer's Authority
2. Definitions 36. Stated Allowances
3. Additional Instructions and Drawings 37. Removal of Debris
4. Shop or Setting Drawings 38. Detail Estimates
5. Materials, Service, Facilities 39. Right of Way
6. Contractor's Title to Materials 40. General Guaranty
7. Inspection/Testing of Materials 41. Conflicting Conditions
8. "Or Equal' Clause 42. Notice and Service Thereof
9. Patents 43. Provisions Deemed Inserted
tA. Surveys, Permits and Regulations 44. Life/Health Protection
11. Contractor's Obligations 45. Subcontracts
12. Weather Conditions 46. Interest/Congressmen
13. Protection of Work and 47. Other Prohibited Interests
Property-Emergency 48. Use Prior to Acceptance
14. Inspection 49. Photographs
15. Reports, Records and Data 50. Suspension of Work
16. Superintendence by Contractor 51. Minimum Wages
17. Changes in Work 52. Underpayments of Wages
18. Extras 53. Fringe Benefits
19. Time for Completion and Liquidated 54. Overtime Compensation
Damages 55. Apprentices
20. Correction of Work 56. Employment Prohibited
21. Subsurface Conditions-Different 57. Anti-Kickback Act
22. Claims for Extra Cost 58. Classifications Not Listed
23. Owner Termination of Contract 59. Benefits Not Expressed
24. Construction Schedule/Periodic 60. Posting of Wage Rates
25. Payments to Contractor 61. Complaints or Testimony
26. Final Payment as Release 62. Claims and Disputes
27. Payments by Contractor 63. Questions Re: Regulations
28. Insurance 64. Payrolls and Records
29. Contract Security 65. Specific Coverage
30. Additional or Substitute Bond 66. Ineligible Subcontractors
31. Assignments 67. Provisions to be Included
32. Mutual Responsibility of Contractors 68. Breach of Labor Standards
33. Separate Contractors 69. Employment Practices
34. Subcontracting 70. Contract Termination; Debarment
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EXHIBIT VIII-J, Cont.
2. Definitions
•
The following terms as used in this Contract are respectively defined as follows:
(a) CONTRACTOR: A person, firm or corporation with whom the contract is made by the
Owner, i.e.; the Local Public Agency.
(b) SUBCONTRACTOR: A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project, for and under separate contract or agreement with the Contractor.
(c) WORK ON (AT) THE PROJECT: Work to be performed at the location of the project,
including the transportation of materials and supplies to or from the location of the project by employees
of the Contractor and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the
work included in the contract.The additional drawings and instructions thus supplied to the Contractor will
coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted
as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings
and instructions. The Contractor and the Architect/Engineer will prepare jointly: (a) a schedule, fixing the
dates at which special detail drawings will be required, such drawings, if any, to be furnished by the
Architect/Engineer in accordance with said schedule, and (b)a schedule fixing the respective dates for the
submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies
and equipment, and the completion of the various parts of the work; each such schedule to be subject to
change from time to time in accordance with the progress of the work.
4. Shop Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing
prepared in accordance with the schedule predetermined aforesaid. After examination of such drawings by
the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings
as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by
the Architect/Engineer, the Contractor must furnish additional copies.
Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the
Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to
the Plans and Specifications,unless he notifies the Architect/Engineer in writing of any deviations at the time
he furnishes such drawings.
5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically stated in the Contract Documents,the
Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power,
transportation, superintendence, temporary construction of every nature whatsoever necessary to execute,
complete, and deliver the work within the specified time.
(b) Any work necessary to be performed after regular hours, on Sundays or Legal Holidays,
shall be performed without additional expenses to the Owner.
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject
to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is
retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by
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EXHIBIT VIII-J, Cont.
him in the work, free from all liens, claims, or encumbrances.
7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of the project shall be subject to
adequate inspection and testing in accordance with accepted standards. The laboratory or inspection
agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and
not as part of the contract.
(b) Materials of construction, particularly those upon which the strength and durability of the
structure may depend,shall be subject to inspection and testing to establish conformance with specifications
and suitability for uses intended.
8. "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans or in the specifications by
reference to manufacturers' or vendors' names,trade names, catalogue numbers, etc., it is intended merely
to establish a standard; and, any material,article, or equipment of other manufacturers and vendors which
will perform adequately the duties imposed by the general design will be considered equally acceptable
provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of
equal substance and function. It shall not be purchased or installed by the contractor without the
Architect/Engineer's written approval.
9. Patents
(a). The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind, including cost and expenses for, or on account of,
any patented or unpatented invention, process, article, or appliance manufactured or used in the
performance of the contract, Including its use by the Owner, unless otherwise specifically stipulated in the
Contract Documents.
(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is
authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his
authorized licensee, direct by the Owner and not by or through the Contractor.
(c) If the Contractor uses any design, device or materials covered by letters, patent or
copyright, he shall provide for such use by suitable agreement with the Owner of such patented or
copyrighted design, device or material. It is mutually agreed and understood, that, without exception, the
contract prices shall include all royalties or costs arising from the use of such design, device or materials,
in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the
Owner of the project from any and all claims for infringement by reason of the use of such patented or
copyrighted design, device or materials or any trademark or copyright in connections with work agreed to
be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which
it may be obligated to pay by reason of such infringement at any time during the prosecution of the work
or after completion of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all
surveys necessary for the execution of the work.The Contractor shall procure and pay all permits, licenses
and approvals necessary for the execution of his contract.
The Contractor shall comply with all laws, ordinances, rules, and regulations relating to performance of the
"work, the protection of adjacent property, and the maintenance of passageways, guard fences or other
protective facilities.
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EXHIBIT VIII-J, Cont.
11. Contractor's Obligations
The Contractor shall and will, In good workmanlike manner,do and perform all work and furnish all supplies
and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified,
necessary or proper to perform and complete all the work required by this contract, within the time herein
specified, in accordance with the provisions of this contract and said specifications and in accordance with
the plans and drawings covered by this contract any and all supplemental plans and drawings, and in
accordance with the directions of the Architect/Engineer as given from time to time during the progress of
the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works
as may be required.
The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and
limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the
satisfaction of the Architect/Engineer and the Owner.
12. Weather Conditions
In the event of temporary suspension of work, or during inclement weather, or whenever the
Architect/Engineer shall direct,the Contractor will,and will cause his subcontractors to protect carefully his
and their work and materials against damage or injury from the weather. If, in the opinion of the
Architect/Engineer,any work or material shall have been damaged or injured by reason of failure on the part
of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and
replaced at the expense of the Contractor.
13. Protection of Work Property- Emergency
The Contractor shall at all times safely guard the Owner's property from Injury or loss in connection with
this contract. He shall at all times safely guard and protect his own work,and that of adjacent property from
damage.The Contractor shall replace or make good any such damage,loss or Injury unless such be caused
directly by errors contained in the Contract or by the Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property, and/or safety or life,the Contractor will
be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall
notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to
such extra work shall be promptly submitted to the Architect/Engineer for approval.
Where the Contractor has not taken action but has notified Architect/Engineer of an emergency threatening
injury to persons or damage to the work of any adjoining property, he shall act as instructed or authorized
by the Architect/Engineer.
The amount of reimbursement claimed by the Contractor on account of any emergency action shall be
determined in the manner provided in Paragraph 17 of the General Conditions.
14. Inspection
The authorized representatives and agents of the Colorado Department of Local Affairs shall be permitted
to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data
and records.
• 15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedule,
payrolls, reports, estimates, records,and other data as the Owner may request concerning work performed
or to be performed under this contract.
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EXHIBIT VIII-J, Cont.
16. Superintendence by Contractor
At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have
full authority to act for the Contractor. It is understood that such representative shall be acceptable to the
Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved
unless he ceases to be on the Contractor's payroll.
17. Changes in Work
No changes in the work covered by the approved Contractor Documents shall be made without having prior
written approval of the Owner. Charges or credits for the work covered by the approved change shall be
determined by one or more of the following methods:
(a) Unit bid prices previously approved
(b) An agreed lump sum
(c) The actual cost of:
(1) Labor. including foreman;
(2) Materials entering permanently into the work;
(3) The ownership or rental cost of construction plant and equipment during the time
of use on the extra work;
(4) Power and consumable supplies for the operation of power equipment;
(5) Insurance;
(6) Social Security and old age and unemployment contributions.
To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen (15%)
of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead,
bond, profit and any other general expenses.
18. Extras
Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to
or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety
being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the
price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the
work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the
price is stated in such order.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date
of beginning and the time for completion as specified in the Contract of the work to be done hereunder are
ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work
embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the time specified.It is expressly understood and
agreed, by and between the Contractor and the Owner, that the time for the completion of the work
described herein is a reasonable time for the completion of the same,taking into consideration the average
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EXHIBIT VIII-J, Cont.
climatic range and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part
consideration for the awarding of this Contract,to pay the Owner the amount specified In the Contract, not
as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after the time stipulated in the Contract for
completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the
impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such
event sustain,and said amount is agreed to be the amount of damages which the Owner would sustain and
said amount shall be retained from time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and of the
specifications wherein and definite and certain length of time Is fixed for the performance of any act
whatsoever, and where under the Contract an additional time Is allowed for the completion of any work,the
new time limit fixed by such extension shall be of the essence of this Contract, PROVIDED, that the
Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines
that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to
the Owner; PROVIDED, FURTHER,that the Contractor shall not be charged with liquidated damages or any
excess cost when the delay in completion of the work Is due:
(a) To any preference, priority or allocation order duly issued by the Local Public Agency;
(b) - To unforeseen cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or the public enemy, acts of the
Owner, acts of another Contractor in the performance of a contract with the Owner, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather;
and
(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified
in subsections (a) and (b) of this article:
PROVIDED, FURTHER, that the Contractor shall, within ten (10) days from the beginning of such delay,
unless the Owner shall grant a further period of time prior to the date of final settlement of the contract,
notify the Owner, in writing, of the cause of the delay, shall ascertain the facts and extent of the delay and
notify the Contractor within a reasonable time of its decision in the matter.
20. Correction of Work
All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all
methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer
who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture,
and methods of construction for the purposes for which they are used. Should they fail to meet his approval
they shall be forthwith reconstructed, made good, replaced and/or corrected as the case may be, by the
Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the
opinion of the Architect/ Engineer, it is undesirable to replace any defective or damaged materials or to
reconstruct or correct any portion of the work injured or not performed in accordance with the Contract
Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount
as in the judgement of the Architect/Engineer shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from
those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the
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EXHIBIT Vlll-J, Cont.
Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon
promptly Investigate the conditions,and if he finds that they materially differ from those shown on the Plans
or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as
he may find necessary,any Increase or decrease of cost resulting from such changes to be adjusted in the
manner provided in Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order
of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first
estimate after the changed or extra work is done. When work Is performed under the terms of subparagraph
17(c)of the General Conditions,the Contractor shall furnish satisfactory bills,payrolls and vouchers covering
all items of cost and when requested by the Owner, give access to accounts relating thereto.
23. RigM of the Owner to Terminate Contract
In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his
subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to
terminate the Contract, such notices to contain the reason for such intention to terminate the Contract, and
unless within (10) days after the serving of such notice upon the Contractor, such violation or delay shall
cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said
ten(10)days,cease and terminate. In the event of any such termination,the Owner shall immediately serve
notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and
perform the Contract; provided, however,that if the Surety does not commence performance thereof within
ten (10) days from the date of the mailing to such Surety Contractor and his Surety shall be liable to the
Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take
possession of and utilize in completing the work, such material, appliances, and plant as may be on the site
of the work and necessary therefore.
24. Construction Schedule and Periodic Estimates •
Immediately after execution and delivery of the Contract, and before the first partial payment is made, the
Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to
the Owner, showing the proposed dates of commencement and completion of each of the various
subdivisions of work required under the Contract Documents and the anticipated amount of each monthly
payment that will become due the Contractor in accordance with the progress schedule. The Contractor
shall also furnish on forms to be supplied by the Owner: (a) a detailed estimate giving a complete
breakdown of the contract price and(b) periodic itemized estimates of work done for the purpose of making
partial payments thereon. The costs employed In making up any of these schedules will be used only for
determining the basis of partial payments and will not be considered as fixing a basis for additions to or
deductions from the Contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Owner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of the work performed
during the preceding calendar month under this Contract, but to insure the proper performance of this
Contract the Owner may retain five percent (5%) of the amount of each estimate until final completion and
acceptance of all work covered by this Contract; PROVIDED, that the Contractor shall submit his estimate
not later than the first day of the month; PROVIDED, FURTHER,that the Owner at any time after fifty percent
(50%) of work has been completed, if he finds that satisfactory progress is being made, may make any of
the remaining progress payments in full; PROVIDED,FURTHER,that on completion and acceptance of each
separate building, public work, or other division of the Contract, on which the price is stated separately in
the Contract, payment may be made in full, including retained percentages thereon, less authorized
deductions.
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EXHIBIT VIII J, Cont.
(b) In preparing estimates the material delivered on the site preparatory to work done may be
taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the sole
property of the Owner, but this provision shall not be construed as relieving the Contractor from have been
made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the
fulfillment of all of the terms of the contract.
(d) OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF: The Contractor agrees that he will indemnify and save the Owner harmless from all claims
growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and
furnishers of machinery and parts thereof, equipment, power tools, and all supplies. Including commissary,
incurred in the furtherance of the performance of this Contract.The Contractor shall,at the Owner's request,
furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
discharged, or waived. If the Contractor fails so to do, then the Owner may, after having served written
notice on the said Contractor,either pay unpaid bills,of which the Owner has written,direct or withhold from
the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any
and all
lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged hereupon
payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event
shall the provisions of this sentence be constructed to impose any obligations upon the Owner to either the
Contractor or his Surety. In paying any unpaid bills of the Contractor,the Owner shall be deemed the agent
of the Contractor,and any payment so made by the Owner shall be considered as a payment made under
the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any
such payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of
all claims and all liability to the Contractor for all things done or furnished in connection with this work an
for every act and neglect of the Owner and others relating to or arising out of this work. No paya
however,final or otherwise,shall operate to release the Contractor or his sureties from any obligations under
this Contract or the Performance and Payment Bond.
27. Payments by Contractors
The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the
calendar month following that in which such materials,tools,and equipment are delivered at the site of the
project,and the balance of the cost thereof, not later than the 30th day following the completion of that part
of the work in or on which such materials,tools, and equipment are incorporated or used, and (c)to each
of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective
amounts allowed the Contractor on account of the work performed by his subcontractors to the extent to
each subcontractor's interest therein.
28. Insurance
The Contractor shall not commence work under this contract until he has obtained all the insurance required
under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow
any subcontractor to commence work on his subcontract until the Insurance required of the subcontractor
has been so obtained and approved.
(a) COMPENSATION INSURANCE:The Contractor shall procure and
shall mai te lawforin durin ogf the his
life of his Contract Workmen's Compensation Insurance as required by applicable
employees to be engaged in work at the site of the project under this contract and, in case of any such
Work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation
Insurance for all of the latter's employees to be engaged in such work unless such employees are covered
by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of
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•
EXHIBIT VIII-J, Cont.
employees engaged in hazardous work on the project under this Contract is not protected under the
Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor-to
provide adequate employer's liability insurance for the protection of such of his employees as are not
otherwise protected.
(b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND
VEHICLE UABIUTY INSURANCE: The Contractor shall procure and shall maintain during the life of this
Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle
Liability Insurance in the amounts specified in the Supplemental General Conditions.
(c) SUBCONTRACTOR'S PUBUC UABIUTY AND PROPERTY DAMAGE INSURANCE AND
VEHICLE UABIUTY INSURANCE: The Contractor shall either (1) require each of his subcontractors to
procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property
Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified In the
Supplemental General Conditions specified in subparagraph (b) hereof, (2) insure the activities of his policy
specified in subparagraph (b) hereof.
(d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required under
subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his
subcontractors, respectively, against damage claims which may arise from operations under this Contract,
whether such operations be by the insured or by anyone directly or indirectly employed by him and, also
against any of the special hazards which may be encountered in the performance of this contract as
enumerated in the Supplemental General Conditions.
(e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the project is
completed and accepted by the Owner,the Owner, or Contractor(at the Owner's option as indicated in the
Supplemental General Conditions,Form (HUD-4238-N) is required to maintain Builder's Risk Insurance(fire
and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for
the benefit of the Owner,the Contractor, subcontractors as their interests may appear.The Contractor shall
not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during
construction unless the Contractor is required to provide such insurance; however,this provision shall not
release the Contractor from his obligation to complete, according to plans and specifications, the project
covered by the Contract, and the Contractor and his Surety shall be obligated to full performance of the
Contractor's undertaking.
(f) PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with
certificates showing the type, amount, class of operations covered, effective dates and date of expiration
of policies. Such certificates shall also contain substantially the following statement: 'The insurance covered
by this certificate will not be canceled or materially altered, except after (10) days written notice has been
received by the Owner?
29. Contract Security
The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent(100%)
of the contract prices as security for the faithful performance of this Contract and also a payment bond in
an amount not less than one hundred percent (100%) of the contract price or in a penal sum not less than
that prescribed by State,territorial or local law, as security for the payment of all persons performing labor
on the project under this Contract and furnishing materials In connection with this Contract. The
performance bond and the payment bond may be in one or in a separate instrument in accordance with
local law.
30. Additional or Substitute Bond
If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties,then
'upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the
Owner so to do,substitute an acceptable bond (or bonds) in such form and sum and signed by other surety
or sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the
VIII.I-11
EXHIBIT Vlll-J, Cont.
Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties
shall have furnished such an acceptable bond to the Owner. .
31. Assignments
The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due
hereunder without consent of the Owner. In case the Contractor assigns all or any part of any monies due
or to become due under this contract, the Instrument of assignment shall contain a clause substantially to
the effect that it is agreed that the right of the assignee in and to any
monies due or become due to the Contractor shall be subject to prior claims of all persons, firms, and
corporations of services rendered or materials supplied for the performance of the work called for in this
Contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall
suffer loss or damage on the work, the Contractor agrees to settle with such other Contractors or
subcontractors by agreement or arbitration if such other Contractor or subcontractor will so settle. If such
other Contractor or subcontractor shall assert any claim against the Owner on account of any damage
alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save
harmless the Owner against any such claim.
33. Separate Contract
The Contractor shall coordinate his operations with those of other Contractors.Cooperation will be required
in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor,
including his subcontractors, shall keep informed of the progress and the detail work of other Contractors
and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part
of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure
to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by
him of the status of the work as being satisfactory for proper coordination with his on work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of the
work which, under normal contracting practices, are performed by specialty sub- contractors.
(b) The Contractor shall not award any work to any subcontractor without prior written approval
of the Owner,which approval will not be given until the Contractor submits to the Owner a written statement
concerning the proposed award to the subcontractor,which statement shall contain such information as the
Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his
subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and
omissions of persons employed by him.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative
to the work to bind subcontractors to the Contract by the terms of the General Conditions and other
contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same
power as regards terminating any subcontract that the Owner may exercise over the Contractor under any
provision of the Contract Documents.
(e) Nothing contained In this Contract shall create any contractual relation between any
Subcontractor and the Owner.
VIII-J-12
EXHIBIT VIII-J, Cont.
35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this contract and
specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount,
quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under
this Contract and shall decide all questions which may arise in relation to said work and the construction
thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein
otherwise expressly provided. In case any question shall arise between the parties hereto relative to said
Contract or specifications, the determination or decisions of the Architect/Engineer shall be a condition
precedent to the right of the Contractor to receive any money or payment for work under this Contract
affected in any manner to any extent by such question.
The Architect/Engineer shall decide the meaning and Intent of any portion of the specifications and of any
plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in
regard to their work which may arise between the Contractor under this Contract and other Contractors
performing work for the Owner shall be adjusted and determined by the Architect/Engineer.
36. Stated Allowances
The Contractor shall include in his proposal the cash allowances stated in the Supplemental General
Conditions. The Contractor shall purchase the 'Allowed Materials" as directed by the Owner on the basis
of competitive bids. If the actual price for purchasing the"Allowed Materials" is more or less than the"Cash
Allowance,"the contract price shall be adjusted accordingly.The adjustment in contract price shall be made
on the basis of the purchase price without additional charges for overhead, profit, insurance or any other
incidental expenses. The cost of installation of the "Allowed Materials shall be included in the applicable
sections otthe Contract Specifications covering this work.
37. Use of Premises and Removal of Debris
The Contractor expressly undertakes at his own expense:
(a) to take every precaution against Injuries to persons or damage to property;
(b) to store his apparatus, materials,supplies and equipment In such orderly fashion at the site
of the work as will not unduly interfere with the progress of his work or the work of any other contractors;
(c) to place upon the work or any part thereof only such loads as are consistent with the safety
of that portion of the work;
(d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his
operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike
appearance;
(e) before final payment to remove all surplus material, false-work, temporary structures,
including foundations thereof, plant of any description and debris of every nature resulting from his
operations, and to put the site in a neat, orderly condition;
(f) to effect all cutting, fitting or patching of his work required to make the same to conform
to the plans and specifications and, except with the consent of the Architect/Engineer, not cut or otherwise
alter the work of any other Contractor.
38. Quantities of Estimate
"Wherever the estimated quantities or work to be done and materials to be furnished under this contract are
shown in any of the documents including the proposal, they are given for use in comparing bids and the
right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as
VIII-J-13
EXHIBIT VIII-J, Cont.
may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by
this Contract, and such increase or diminution shall In no way vitiate this Contract, nor shall any such
increase or diminution give cause for claims or liability for damages.
39. Lands and Right-of-Way
Prior to the start of construction,the Owner shall obtain lands and rights-of-way necessary for the carrying
out and completion of work to be performed under this contract.
40. General Guaranty
Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire
occupancy of the premises by the Owner, shall constitute an acceptance of work not done In accordance
with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or
responsibility for faulty materials or workmanship.The Contractor shall remedy any defects in the work and
pay for any damage to other work resulting therefrom,which shall appear within a period of one year from
the date of final acceptance of work unless a longer period is specified. The Owner will give notice of
unserved defects with reasonable promptness.
41. Conflicting Conditions
My provisions of the Contract Documents which may be in conflict or inconsistent with any of the
paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency.
42. Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and
considered delivered and the service thereof completed, when said notice is posted, by certified or
registered mail, to said Contractor at his last given address, or delivered in person to the said Contractor
or his authorized representative on the work.
43. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed
to be inserted herein and the Contract shall be read and enforced as though it were included herein, and
if through mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the
application of either party the Contract shall forthwith be physically amended to make such insertion or
correction.
44. Protection of Lives and Health
'The Contractor shall exercise proper precaution at all times for the protection of persons and property and
shall be responsible for all damages to persons or property, either on or off the site,which occur as a result
of his prosecution of the work.The safety provisions of applicable laws and building and construction codes,
in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards,
Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal
Register, Volume No. 75, Saturday, April 17, 1971. Title 29- LABOR, shall be observed and the Contractor
shall take or cause to be taken,such additional safety and health measures as the Contracting Authority may
determine to be reasonably necessary?
45. Subcontracts
"The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and
Such other clauses as the Department of Housing and Urban Development or Colorado Department of Local
Affairs may, by instructions require,and also a clause requiring the subcontractors to include these clauses
VIII-J-14
EXHIBIT Vlll-J, Cont.
in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in
any further subcontracts that may in turn be made."
46. Interest of Members of or Delegate to Congress
No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any
benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made
with a corporation for its general benefit.
47. Other Prohibited Interests
No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make,
accept or approve, or to take part in negotiating, making, accepting, or approving any architectural,
engineering, inspection, construction or material supply contract or any subcontract in connection with the
construction of the project,shall become directly or indirectly Interested personally In this Contract or in any
part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is
authorized in such capacity and on behalf of the Owner to exercise any legislative, executive,,supervisory
or other similar functions in connection with the construction of the project, shall become directly or
indirectly interested personally in this Contract or in any part thereof, any material supply contract,
subcontract, insurance contract, or any other contract pertaining to the project.
48. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or unit of the project before formal
acceptance by the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in the event, in the opinion of the
Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such list items
or other contract requirements.
(b) Secures endorsement from the insurance-carrier and consent of the surety permitting
occupancy of the building or use of the project during the remaining period of construction, or,
(c) When the notice consists of more than one building, and one of the buildings Is occupied,
secures permanent firm and extended coverage insurance, including a permit to complete construction.
Consent of the Surety must also be obtained.
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without regard
to their race, creed, color, 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 training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, creed, or national origin.
49. Photographs of the Project
.The Contractor shall furnish photographs of the project before, during, and after construction in the
quantities and as described in the Supplemental General Conditions.
VIII-J-15
EXHIBIT VIII-J, Cont.
50. Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work either before or after the start of
construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor
shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion
of the work will be extended to such delay with such time as the Owner may determine will compensate for
time lost by such delay with such determination to be set forth in writing.
51. Minimum Wage Rate for Laborers and Mechanics
All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally
and not less often than once each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law and such other payroll deductions as are
permitted by the applicable regulations Issued by the Secretary of Labor,United States Department of Labor,
pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time of payment computed
at wage rates not less than those contained in the wage determination decision of said Secretary of Labor
(a copy of which Is attached and herein incorporated to reference),regardless of any contractual relationship
which may be alleged to exist between the Contractor or any subcontractor and such laborers and
mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that
payment may be by check if the employer provides or secures satisfactory facilities approved by the Local
Public Agency for the cashing of the same without cost of expense to the employee. For the purpose of this
clause, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis-Bacon Act
on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to
the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this
clause, regular contributions made or costs incurred for more than a weekly period under plans,funds, or
programs, but covering the particular weekly period, are deemed to be constructively made or incurred
during such weekly period.
52. Underpayments of Wages or Salaries In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics
employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public
Agency or in addition to such other rights as may be afforded it under this Contract shall withhold from the
Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency may
consider necessary to pay such laborers or mechanics the full amount of ages required by this Contract.
The amount so withheld may be disbursed by the Local Public Agency for and on account of the Contractor
or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same
is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the
applicable wage determination.
53. Anticipated Costs of Fringe Benefits
If the Contractor does not make payments to a trustee or other third person, he may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing fringe
benefits under a plan or program of a type expressly listed in the wage determination decision of the
Secretary of Labor which is a part of this Contract; provided, however, the Secretary of Labor has found,
upon the written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been
met. The Secretary of Labor may require the Contractor to set aside In a separate account assets for the
meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor
in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency
with the first payroll filed by the Contractor subsequent to receipt of the findings.
VIII-J-16
EXHIBIT VIIl-J, Cont.
54. Ogentme CopnsnbyCe33 or Hours and Safety Standards Act
(7 3e Title 40 RequiredSections 27
(a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any part of
the Contract work which may require or involve the employment of laborers or mechanics, including
watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is
employed on such or to work in excess of 40 hours in such workweek unless such laborer or mechanic
received compensation at a rate not less than one and one-half times his basic rate of pay for all hours
worked in excess of 40 hours in such work week, as the case may be.
(b) VIOLATION: LIABILITY FOR UNPAID WAGES LIQUIDATED DAMAGES. In the event of
any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible
therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic employed In violations of the clause set forth
in paragraph (a), in the sum of $10 for each calendar day on which such empl o tee overt was quiredwa or
permitted to work In excess of the standard workweek of 40 hours without payment
es
required by the clause set forth in paragraph (a).
(c) WITHHOLDING FOR LIQUIDATED DAMAGES.The Local Public Agency shall withhold or
cause to be withheld, from any monies payable on account of work performed by the Contractor or
of subcontractor,
or subcontractor or liquidated administratively
provided in the clau to be se set forth to satisfy n pliabilities
graph
(b).
(d)' SUBCONTRACT. The Contractor shall insert in any subcontract the clauses set forth in
paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in tum be made.
55. Employment or Apprentices/Trainees
(a) APPRENTICES will be permitted to work at less than the predetermi ratefor
r the work
they performed when they are employed and individuallyregistered
istered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his
first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment
as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be
greater than the ratio permitted to the contractor as to his entire work force under the registered program.
Any employee listed on a payroll at an apprentice wage rate,who is not a trainee as defined in subdivision
(b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage
rate determined by the Secretary of Labor for the classification of work he actually performed.The contractor
or subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour
Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices
as well as the appropriate ratios and wage rates(expressed in percentages of the journeyman hourly rates),
for the area of construction prior to using any apprentices on the contract work. The wage rate paid
apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the
applicable wage determination.
(b) TRAINEES. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at
,Jess than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal certification, by
the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and training. The ratio of
trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of
VIII-J-17
EXHIBIT VIIW, Cont.
Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved
program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered
and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not
less than the wage rate determined by the Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to furnish the contracting officer or a
representative of the Wage-Hour Division of the U.S.Department of Labor written evidence of the certification
of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program.
In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the
contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(c) EQUAL EMPLOYMENT OPPORTUNITY. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
56. Employment of Certain Persons Prohibited
No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal
or correctional institution shall be employed on the work covered in this Contract.
57. Regulations Pursuant to So-Called 'Anti-Kickback Act
The Contractor shall comply with the applicable regulations (a copy of which is attached and herein
incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant
to the so-called "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874;
and Title 40-U.S.C. Section 276c), and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject
thereto,and shall be responsible for the submission of affidavits required by the subcontractors thereunder,
except as said Secretary of Labor may specifically provide for reasonable limitations,variations,tolerances,
and exemptions from the requirements thereof.
58. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision
Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the Contract will be classified or reclassified conformably to the wage determination by the
Local Public Agency and a report of the action taken shall be submitted by the Local Public Agency through
the State Department of Local Affairs to the Secretary of Labor, United States Department of Labor. In the
event the interested parties cannot agree on the proper classification or reclassification of a particular class
of laborers and mechanics to be used, the question accompanied by the recommendation of the Local
Public Agency shall be referred through the State Department of Local Affairs to the Secretary of Labor for
final determination.
59. Fringe Benefits Not Expressed as Hourly Wage Rates
The Local Public Agency shall require, whenever the minimum wage rate prescribed in the Contract for a
class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and
the Contractor is obligated to pay cash equivalent of such a fringe benefit,an hourly cash equivalent thereof
to be established. in the event the interested parties cannot agree upon a cash equivalent of the fringe
benefit, the question, accompanied by the recommendation of the Local Public Agency, shall be referred
to the Secretary of Labor for determination.
60. Posting Wage Determination Decisions and Authorized Wage Deductions
The applicable wage poster of the Secretary of Labor,United States Department of Labor,and the applicable
wage determination decisions of said Secretary of Labor with respect to the various classifications of
laborers and mechanics employed and to be employed upon the work covered by this Contract, and a
VIII-J-18
EXHIBIT VIII-J, Cont.
statement showing all deductions,if any,In accordance with the provisions of this Contract,to be made from
wages actually earned by persons so employed or to be employed under such classifications, shall be
posted at appropriate conspicuous points at the site of the work.
61. Complaints, Proceedings, or Testimony by Employees
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are
applicable shall be discharged or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards
applicable under this Contract to his employer.
62. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to classifications by of the laborers
and
dtor in mechanicswritig t empthe loyed
upon
n
the work covered by this Contract shall be promptly reported
Agency or Public Body for referral to the Secretary of Labor, United States Department of Labor, whose
decision shall be final with respect thereto.
63. Questions Concerning Certain Federal Statutes and Regulations
All questions arising under this Contract which relate to the application or interpretation of (a)the aforesaid
Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon
Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to
said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred
through the-Local Public Agency and to the Secretary of Labor, United States Department of Labor,for said
Secretary's appropriate ruling or Interpretation which shall be authoritative and may be relied upon for the
purposes of this Contract.
64. Payrolls and Basic Payroll Records of Contractor and Subcontractors
The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance
with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit
weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and
of the subcontractors, it being understood that the Contractor shall be responsible for the submission of
copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of
Compliance"set forth in Section 3.3 of Title 29,Code of Federal Regulations.The payrolls and basic payroll
records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the
work covered by this Contract shall be maintained during the course of the work and preserved for a period
of 3 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each
such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated,
of the types described in Section 1(b)(2) of the Davis-Bacon Act,) daily and furnished by the Local Public
Agency or Public Body.The Contractor shall submit weekly to the Local Public Agency or Public Body two
certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the
Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such
payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of
Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor
covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained
during the course of the work and preserved for a period of 3 years thereafter. Such payrolls and basic
payroll records shall contain the name and address of each such employee, his correct classification, rate
of pay (including rates of contributions or costs anticipated, of the types described in Section 1(b)(2) of the
Davis-Bacon Act,) daily and weekly number of hours worked, deductions made,
and
actual
tu lCale of wages id. In
;addition,whenever the Secretary of Labor has found under Section 5.5(a)( )(N) of
al
Regulations, that the wages of any laborer or mechanic include the amount of any c
osts re is aso a obly
anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)ofthe
Act, the Contractor or subcontractor shall maintain records which shows that the commitment to provide
VIIIJ-19
EXHIBIT VIII-J, Cont.
such benefits is enforceable,that the plan of program is financially responsible,and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor
shall make his employment records with respect to persons employed by him upon the work covered by
this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban
Development, The Colorado Department of Local Affairs, the Local Public Agency, and the United States
Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or
of any subcontractor during working hours on the Job.
65. Specific Coverage of Certain Types of Work by Employees
The transporting of materials and supplies to or from the site of the Project or Program to which this
Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this
Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes
of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed
to be work to which these Federal Labor Standards Provisions are applicable.
66. Ineligible Subcontractors
The Contractor must certify that none of the subcontractors are ineligible or debarred through HUD or the
General Services Administration.
67. Provisions to be Included in Certain Subcontracts
The Contractor shall include or cause to be included in each subcontract covering any of the work covered
by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also
a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they
may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn
be made.
68. Breach of Foregoing Federal Labor Standards Provisions
In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public
Agency reserves the right to terminate this Contract If the Contractor or any subcontractor whose
subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor
Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for
debarment as provided by the applicable regulations issued by the Secretary of Labor, United States
Department of Labor.
69. Employment Practices
The Contractor(1) shall,to the greatest extent practicable,follow hiring and employment practices for work
on the project which will provide new job opportunities for the unemployed and underemployed, and (2)
shall insert or cause to be inserted the same provision in each construction subcontract.
70. Contract Termination; Debarment
A breach of Section 45 and the Federal Labor Standards Provisions, may be grounds for termination of the
contract, and for debarment as provided in 29 CFR 5.6.
VIII-J-20
EXHIBIT Vlll-J, Cont.
SUPPLEMENTAL CONDITIONS OF THE CONTRACT
•
1. Enumeration of Plans, Specifications, and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
5. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Insurance
8. Special Equal Opportunity Provisions
9. Certification of Compliance with Air and Water Acts
10. Special Conditions Pertaining to Hazards, Safety Standards and Accident
Prevention.
11. Wage Rate Determinations
VII I-J-21
EXHIBIT Vlll-J, Cont.
1. ENUMERATION OF PLANS, SPECIFICATIONS, AND ADDENDA
Following are the Plans, Specifications, and addenda which form a part of this contract, as set for the in
Paragraph 1 of the General Conditions, "Contract and Contract Documents:"
DRAWINGS All drawings per Bid Specifications as prepared by
Davis Partnership, P.C. , Architects
t -neral Construction:
Heatin. .nd Ventilation:
Plumbing:
Electrical:
Other:
SPECIFICATIONS:
General Construction: Page to inclusive
Heating and Ventilation: . •e to inclusive
Plumbing: Page to inclusive
Electrical: Page . inclusive
Other: Page to inclusive
•
ADDENDA:
No. Date: No. Date:
No Date: No. Date:
2. STATE ALLOWANCES:
Pursuant to Paragraph 36 of the General Conditions,the contract shall include the following cash allowances
in his proposal. NONE
For (Page of Specifications) $
(b) For (Page of $
(c) For e f Specifications) $
(d) F_or - (Page of Specifications) $
VIII-J-22
EXHIBIT VIII-J,Cont.
3. SPECIAL HAZARDS
The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE AND PROPERTY
DAMAGE INSURANCE
As required under Paragraph 28 of the General Conditions, the Contractor's Public Liability Insurance and
Vehicle Liability Insurance shall be in an amount not less than$ 1.000,000 for injuries, including
accidental death,to any person, and subject to the same limit for each person, in an amount not less than
$ 1.000,000 on account of one accident, and Contractor's Property Damage Insurance in an
amount not less than $ 1.000,000
The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life
of his subcontract, Subcontractor's Public Liability and Property Damage Insurance of the type and in the
same amounts as specified in the preceding Paragraph or (2) insure the activities of his subcontractors in
his own policy.
5. PHOTOGRAPHS OF PROJECT
As provided In Paragraph 49 of the General Conditions, the Contractor will furnish photographs in the
number, type, and stage as enumerated below.
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES
AS REQUIRED UNDER PARAGRAPH 51 OF THE GENERAL CONDITIONS
Per Wage Determination Letter CO 96-20-MOD ll1
Given on Pages ,
7. BUILDER'S RISK INSURANCE:
As provided in the General Conditions, Paragraph 28(e), the Contractor will/will not maintain Builder's Risk
Insurance (Fire and Extended Coverage) on a 100 percent completed value basis on the insurable portions
of the project for the benefit of the Owner, the Contractor, and all subcontractors, as their interest may
appear.
8. SPECIAL EQUAL-OPPORTUNITY PROVISIONS
(The Equal Opportunity Language is contained within the sample contract, Exhibit I, Part II: Terms and
Conditions, Section 4-8.)
9. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000).
COMPLIANCE WITH AIR AND WATER ACTS: During the performance of this Contract, the
Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42
USC 1857 et. seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq., and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended. In
VIII-J-23
EXHIBIT VIIIJ, Cont.
addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the
owner, the following:
(1) A stipulation by the contractor or subcontractors, that any facility to be utilized in the
performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued
by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean
Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as
amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all
other requirements specified In said Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given
of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility
utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating
Facilities.
(4) Agreement by the Contractor that he will include, or cause to be included, the criteria and
requirements in Paragraph (1)through(4) of this section in every nonexempt subcontract and requiring that
the Contract will take such action as the Government may direct as a means of enforcing such provisions.
10. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT
PREVENTION.
A. LEAD-BASED PAINT HAZARDS (Applicable to Contracts for construction or rehabilitation
of residential structures): The construction or rehabilitation of residential structures is subject to the HUD
lead-Based Paint regulations, 24 CFR 35. The Contractor and Subcontractors shall comply with the
provisions for elimination of lead-based paint hazards under Subpart B of said regulations. The owner will
be responsible for the inspections and certifications required under Section 35.14(F) thereof.
B. USE OF EXPLOSIVES (Modify as Required): When the use of explosives is necessary for
the prosecution of the work,the Contractor shall observe all local, State and Federal laws in purchasing and
handling explosives. The Contractor shall take all necessary precaution to protect completed work,
neighboring property, water lines, or other underground structures. Where there is danger to structures or
property from blasting,the charges shall be reduced and the material shall be covered with suitable timber,
steel, or rope mats.
The Contractor shall notify all owner of public utility property of intention to use explosives at least eight (8)
hours before blasting is done, closed to such property. Any supervision or direction of use of explosives
by the Engineer, does not in any way reduce the responsibility of the Contractor or his Surety for damages
that may be caused by such use.
C. DANGER SIGNALS AND SAFETY DEVICES (Modify as Required): The Contractor shall
make all necessary precaution to guard against damages to property and injury to persons. He shall put
up and maintain in good conditions, sufficient red or waming lights at night, suitable barricades and other
devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions,
the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor.
Such action by the Owner does not relieve the Contractor of any liability incurred under these specifications
or contract.
.411. WAGE RATE DETERMINATION / APPROPRIATE WAGE RATES SHALL BE INSERTED HERE
VIIIJ-24
EXHIBIT VIII-J, Cont.
TERMS AND CONDITIONS OF THE CONTRACT
1. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the Firm shall fail to fulfill In
a timely and proper manner its obligations under this Contract, or if the Firm shall violate any of the
covenants, agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the
right to terminate this Contract by giving written notice to the Firm of such termination and specifying the
effective date thereof, at least five days before the effective date of such termination. In such event, all
records and data, at the option of the Local Public Agency become its property.
Notwithstanding the above,the Firm shall not be relieved of liability to the Local Public Agency for damages
sustained by the Local Public Agency by virtue of any breach of the Contract by the Firm, and the Local
Public Agency may withhold any payments to the Firm for the purpose of set-off until such time as the exact
amount of damages due the Local Public Agency from the Firm is determined.
2. REPORTS AND INFORMATION. The Firm, at such times and in such forms as the Local Public
Agency may require,shall furnish the Local Public Agency such periodic reports as it may request pertaining
to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be
incurred in connection therewith, and any other matters covered by this Contract.
3. RECORDS AND AUDITS. The Firm shall maintain accounts and records, including personnel,
property and financial records,adequate to identify and account for all costs pertaining to the Contract and
such other records as may be deemed necessary by the Local Public Agency to assure proper accounting
for all project funds. These records will be made available for audit purposes to the Local Public Agency
or any authorized representative, and will be retained for three years after the expiration of this Contract
unless permission to destroy them is granted by the Local Public Agency.
4. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract,the Firm agrees
as follows:
a. The Firm will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Firm 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 action shall
include, but not be limited to: 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 Firm agrees to post
in conspicuous places, available to employees and applicants for employment, notices to
be provided setting forth the provisions of this nondiscrimination clause.
b. The Firm will, In all solicitations or advertisements for employees placed by or on
behalf of the Firm, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, or national origin.
c. The Firm will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising said labor union or workers' representatives of the Firm's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
VIII-J-25
EXHIBIT VIIIJ, Cont.
d. The Firm 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.
e. The Firm 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 such books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
f. In the event of the Firm'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 canceled,
terminated, or suspended in whole or in part and the Firm may be declared Ineligible for
further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
g. The Firm will include the portion of the sentence immediately preceding paragraph
a. and the provisions of paragraphs a. through g. 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 provisions will
be binding upon each subcontractor or vendor. The Firm will take such action with respect
to any subcontractor or purchase order as the administering agency may direct as a means
of enforcing such provisions, Including sanction for non-compliance: provided, however,
that in the event the Firm becomes involved in, or is threatened with , litigation with a
subcontractor or vendor as a result of such direction by the administering agency,the Firm
may request the United States to enter into such litigation to protect the interests of the
United States.
5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the
grounds of race, color, religion or religious affiliation or national origin, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person
in the United States shall on the ground of race, color, national origin, or sex be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole
or in part with funds made available under this title.
7. "SECTION 3"COMPLIANCE IN THE PROVISION OF TRAINING,EMPLOYMENT AND BUSINESS
OPPORTUNITIES.The work to be performed under this contract is on a project assisted under a program
providing federal financial assistance from the Department of Housing and Urban Development through the
State of Colorado and is subject to the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u. 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 project area.
8. SECTION 504 OF THE REHABILITATION ACT OF 1973. The contractor will not discriminate
against any employee or applicant for employment because of physical or mental handicap in regard to any
position for which the employee or applicant for employment is qualified.
VIIIJ-26
EXHIBIT VIII-J, Cont.
9. INTEREST OF MEMBERS OF A LOCAL PUBLIC AGENCY. No member of the governing body
of the Local Public Agency and no other officer, employee, or agent of the Local Public Agency who
exercises any functions or responsibilities In connection with the planning and carrying out of the program,
shall have any personal financial Interest, direct or indirect, in this Contract; and the Firm shall take
appropriate steps to assure compliance.
10. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing body of the
Local Public Agency and no other public official of such locality, who exercises any functions or
responsibilities in connection with the planning and carrying out of the program, shall have any personal
financial Interest, direct or Indirect, in this Contract; and the Firm shall take appropriate steps to assure
compliance.
11. THE ARCHITECTURAL BARRIERS ACT. All design specifications for the construction of any
building shall provide access to the physically handicapped in accordance with the Architectural Barriers
Act of 1968.
12. THE GOVERNMENT-WIDE RESTRICTION ON LOBBYING, prohibits spending CDBG funds to
influence or attempt to influence federal officials; requires the filing of a disclosure form when non-CDBG
funds are used for such purposes;requires certification of compliance by the state to include the certification
language in grant awards it makes to units of general local government at all tiers and that all subrecipients
shall certify accordingly as imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to civil penalty of not less than $10,000 and not more than$100,000
for each failure.
VIII-J-27
EXHIBIT VIIIJ, Cont.
LABOR STANDARDS PROVISIONS OF THE CONTRACT
Taken from: U.S. Department of Housing and Urban Development
HUD-4010 (2-64)
APPUCABIUTY
The Project or Program to which the construction work covered by this contract pertains is being assisted
by the United States of America and the following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal Assistance.
A. I. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 In the construction or
development of the project),will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
regulations Issued by the Secretary or Labor under the Copeland Act (29 CFR Part 3), the full amount of
wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates
not less than those contained in the wage determination of the Secretary of Labor which Is attached hereto
and made a part hereof, regardless of any contractual relationship which may be alleged to exist between
the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for
bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provision of 29 CFR 5.5(a)(1)(lv);
also, regular contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided
in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided,that
the employer's payroll records accurately set forth the time spent in each classification in which work is
performed.The wage determination(including any additional classification and wage rates conformed under
29 CFR Part 5.5(a)(1)(ii)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor
and its subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is
to be employed under the contract shall be classified in conformance with the wage determination. U.S.
Department of Labor shall approve an additional classification and wage rate and fringe benefits therefore
only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed
by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bonafide fringe benefits bears a
reasonable relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification (f known), or other
representatives and the State of Colorado agree on the classification and wage rate (including the amount
"'designated for fringe benefits where appropriate), a report of the action taken shall be sent by the State of
Colorado to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, wilt
VI II-J-28
EXHIBIT VIII-J, Cont.
approve, modify, or disapprove every additional classification action with 30 days of receipt and so advise
the State of Colorado or will notify the State of Colorado within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the State of Colorado do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the State of Colorado shall refer
the questions, Including the views of all Interested parties and the recommendation of the State of Colorado,
to the Administrator for determination within 30 days of receipt and so advise the State of Colorado or will
notify the State of Colorado within the 30-day period that additional time Is necessary. (Approved by the
Office of Management and Budget under OMB control number 1215-0140.)
(d)The wage rate(including fringe benefits where appropriate)determined pursuant to subparagraphs(1)(b)
or(c) of this paragraph, shall be paid to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits if its under a plan or program, provided, that the Secretary of Labor
has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act
have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. (Approved by the Office of Management and
Budget under OMB control number 1215-0140.)
2. Withholding. The State of Colorado shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this
contract or to any other Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to the Davis-Bacon prevailing wage requirements, which is held by the same prime
contractor so much of the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the contract, the State of Colorado, may,
after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary
to cause the suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.The State of Colorado, may. after written notice to the contractor, disburse such amounts withheld
for and on account of the contractor or subcontractor to the respective employees to whom they are due.
The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act Contracts.
3. (i) Payrolls and basic records. Payroll and basic records relating thereto shall be mantled by he
contractor during the course of the work preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937 or under the
Housing Act of 1949 in the construction or development of the project). Such records shall contain the
name, address, and social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in Section 1(b)(2)(b) of the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(i)(iv)that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(b) of the
Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such
VIII-J-29
EXHIBIT Vlll-J, Cont.
benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost Incurred In providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed In the applicable programs. (Approved by the Office of Management and
Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
(ii) (a)The contractor shall submit weekly for each week in which any contract work is performed a copy
of all the payrolls to thea State of Colorado if the payrolls o ags aency sponsor,arty to the ftract, but or owner, as h the e case is not such
may be, for
a party,the contractor will submit the applicant,
transmission to the State of Colorado.The payrolls submitted shall set out accurately and completely all of
the information required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information may be submitted
in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Govemment Printing Office,
Washington, D.C. 20402.The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors. (Approved by the Office of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor
or subcontractor or his or her agent who pays or supervises the payment of the persons employed under
the contract and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be maintained under 29 CFR
Part 5.5(a)(3)(i) and that such information is correct and complete;
(2)That each laborer or mechanic (including each helper,apprentice,and trainee employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly from the full wages earned other than permissible deductions as set forth in 29 CFR Part 3;
(3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits
or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(c)The weekly submission of a property executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph
A.3(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil
or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii)The Contractor or subcontractor shall make the records required under paragraph A.3(i) of this section
available for inspection, copying, or transcription by authorized representatives of the State of Colorado or
the Department of Labor,and shall permit such representatives to Interview employees during working hours
on the Job. If the contractor or subcontractor fails to submit the required records or to make them available,
the State of Colorado may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds. Furthermore,failure to submit the required records upon request or to make such records available
may be grounds for debarment action pursuant to 29 CFR Part 5.12.
4. (i) Apprentices and Trainees. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually registered in bona fide
apprenticeship programs registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized
by the Bureau, or if a person is employed In his or her first 90 days or probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the program, but who
VIIIJ-30
EXHIBIT VIII-J, Cont.
has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate)to be eligible or probationary employment as an apprentice. The allowable rate of apprentices
to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any worker listed on a payroll at an
apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage determination for the
work actually performed.Where a contractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the registered program for
the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices
must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration.The ratio of trainees to journeyman on the job site shall
not be greater than permitted under the plan approved by the Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level
of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman wage
rate on the wage determination which provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In addition, any trainee performing work
on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29
CFR Part 3 which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in
29 CFR Part 5.5(a)(1) through (10) and such other clauses as the State of Colorado may by appropriate
instructions require, and also a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
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EXHIBIT VIII-J, Cont.
7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor a provided in 29 CFR
5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the
Davis-Bacon and Related Acts contained In 29 CFR Parts 1, 3, and 5 are herein incorporated by reference
in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved
in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their
representatives.
10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor
he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible
to be awarded Govemment contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)
or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR Part 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Additionally; U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration
transactions', provides in part: 'Whosever, for the purpose of influencing In any way the action of such
Administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not
more than $5,000 or imprisoned not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this contract are applicable shall be discharged or In any other
manner discriminated against by the contractor or any subcontractor because such employee has filed any.
complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify In any
proceeding under or relating to the labor standards applicable under this contract to his employer.
B. Contract Work Hours and Safety Standards Act.As used in this paragraph,the terms"laborers'
and 'mechanics' include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek,
whichever is greater.
2. Violation: liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,-employed in violation of
,the clause set forth in subparagraph(1) of this paragraph, in the sum of$10 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of 40 hours without
payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph.
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EXHIBIT VIII-J, Cont.
3.Withholding for unpaid wages and liquidated damages. HUD or Its designee shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld,from any moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contract, or any other
Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in subparagraph (2) of this paragraph.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to Include
these clauses In any lower tier subcontracts. The prime contractor shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4)
of this paragraph.
C. Health and Safety.
1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to this health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulation.
2.The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part
1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the
Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96).
3.The contractor shall include the provisions of this Article in every subcontract so that such provisions will
be binding on each.subcontractor. The Secretary of Housing and Urban Development, the Secretary of
Labor, or the State of Colorado shall direct as a means of enforcing such provisions.
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EXHIBIT VIII-J, Cont.
VIII-J-34
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