HomeMy WebLinkAbout740591 RESOLUTION
WHEREAS, heretofore and on May 16, 1973, by Resolution, the
Board of County Commissioners, Weld County, Colorado, did authorize
the execution of a contract and agreement with Penner Construction
Company, Lakewood, Colorado, to construct the Weld County Recreation
Building at Island Grove Park and to pay therefor from Federal Sharing
Revenue Funds, all pursuant to proper advertisement for bids and in
accordance with statutes for said purpose, and
WHEREAS, it has now come to the attention of the Board that
said construction of the aforesaid building is subject to AIA Document
G701 concerning Change Order No. 3, with reference made to
Architect's Project No. 73-1 -CCA-0117 concerning complete con-
struction work and with further reference made to contract date of
July 13, 1973, copies attached hereto for ready reference, and
WHEREAS, in order to be in compliance with the Federal Law,
the Board believes it to be in the best interest of the County to incor-
porate the aforesaid Change Order No. 3 within the contract and agree-
ment previously entered into with Penner Construction Company.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that Change Order No. 3
hereinabove mentioned and made a part hereof by reference, be and
the same hereby is ordered to be made a part of the contract and agree-
ment heretofore mentioned and entered into between Weld County and
Penner Construction Company for the erection of the Weld County
Recreation Building at Island Grove Park.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
February, A. D. , 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�l�l C c � E ! L c ,
ATTEST:
Weld County Clerk and Recorder
and Clerk to the Board
BY "`P6%vi �wa
Deputy Coun Clerk ®` 1
APPROVEWAS TO'FL2.2M•
i County A orney
740591
Pierre)
-t r
n 7z l
�. 7 a �t``x "a"' OWNER ^, ^!'
f• a :fa ARCHITECT [u 1Y! r \ .. �y•
ORd r:R. CONTRACTOR [
sbS C
FIELD
MA DOCUMENT G701
OTHER
C A G^, —LEY. COLO.
PROJECT: Weld Co. Recreation Building CHANGE ORDER NUMBER: Three (3)
(name, address) Island Grove Park
Greeley, Colorado 80631
TO (Contractor)
fl Penner Construction Co. H ARCHITECT'S PROJECT NO: 73 1 CCA 0117
5490 West 13th Avenue CONTRACT FOR: Complete Construction Work
Box 14026
Lakewood, Colorado 80214
L ( CONTRACT DATE: July 13, 1973
You are directed to make the following changes in this Contract:
AIA Document A201/SC - Federal Edition Titled "Supplementary Conditions of
the Contract for Construction" dated March 1969 printing is attached to
this Change Order. The following articles and paragraphs pertain to the
Change Order:
Article 16:
Para. ].6.4 Equal Opportunity
Para. 16.5 Prevailing Wages
Para. 16.6 Contract Work. Hours Standards Act - Overtime Compensation
Para. 16.7 Apprentices
Para. 16.8 Payrolls and Basic Records •
Para. 16.9 Compliance with Copeland Regulations
Para. 16.10 Withholding of Funds
Para. 16.11 Subcontracts
Para. 16.12 Contract Termination -- Debarment
Para. 16.13 Certification of Nonsegregated Facilities
Para. 16.15 Schedule of Occupational Classifications and Prevailing
Hourly Wage Rates
ADD $423.00
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The original Contract Sum was $ 691. 596.00
Net change by previous Change Orders $ t 4,649.50
The Con:ract Sum prior to this Change Order was $ 696,245.50
The Contract Sum will be (increased) (t cy 41 (. uhncgert) by this Change Order . . $ 423,00
The new Contract Sum including this Change Order will be $ 696,668. 50
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The Contract Time will be Ci,7cq qt4 Cdgcno;;o£t) (unchanged) by ( —0— ) Days.
The Date of Completion as of the date of this Change Order therefore is March 31, 1974
CNC/NHFQ, Inc. Penner Construction Co. Weld County Commissioners
A(h yaEdlubhouse Drive r5 AgnC 13th Avenue ar� F County Court House
Adp ress dss
Lreeley- olorado 80631 t eewood, Colorado 80214 'd`gere.esley, Colorado 80631
/7
L. ? Emir: ��! !_ j. � r)\ (1t�j �CCC'/.
DATE /— z9-
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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A201/SC—Federal Edition*
CEA• pkemer Lary ConditGorps of the Contract
for .c nstr oct ion
•
TABLE OF ARTICLES
15. MODIFICATIONS OF THE GENERAL CONDITIONS
.1 Modification of Paragraph 1.1, Definitions
.2 Modification of Paragraph 4.8, Cash Allowances
.3 Modification of Paragraph 5.1, Definitions
.4 Modification of Paragraph 5.2, Award of Subcontracts and other Contracts for Portions of the Work
.5 Modification of Paragraph 7.5, Performance Bond and Labor and Material Payment Bond
.6 Modification of Paragraph 11.1, Contractor's Liability Insurance
.7 Modification of Paragraph 11.3, Property Insurance
16. ADDITIONAL CONDITIONS
.1 Substitution of Materials and Equipment
.2 Federal Inspection
.3 Lands and Rights-of-Way
.4 Equal Opportunity
.5 Prevailing Wages
.6 Contract Work Hours Stariards Act--Overtime Compensation
.7 Apprentices
.8 Payrolls and Basic Records
.9 Compliance with Copeland Regulations
.10 Withholding of Funds
.11 Subcontracts
.12 Contract Termination — Debarment
.13 Certification of Nonsegregated Facilities
.14 Use and Occupancy of Project Prior to Acceptance by the Owner
.15 Schedule of Occupational Classifications and Prevailing Hourly Wage Rates
.16 Enumeration of the Drawings, the Specifications and Addenda
'This document may be used in connection with U.S. Office of Education, Depart-
ment of Health, Education, and v^.'eliare Federally iyaai>ted Construction Projects.
AI DI iCIJ, P.iS A.^aI AND Ai 11/SC • (YNrVVt A .9 HI \ki NIAkv COAn!i inNs • TIDE::AI II) H;(1N . Al,A � —
J,A,.. il,' • ILL .A'•III;I(AN lNSiIiUII (tl iAKC HI I LC IS. L VS `:i3V' 1 UBF :A•.�. NPJ., AYA}IiI.NC It 1N, D.C. _'int,, 1
At ARQ I I^•-0.9 I'VINl NG
SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 15 5.2.1 The Contractor shall not award any Work to
any Subcontractor without prior written approval of
MODIFICATIONS OF THE GENERAL CONDITIONS until
Architect. Such approval need not be given
until the Contractor submits to the Architect a
written statement concerning the proposed award
15.1 MODIFICATION OF PARAGRAPH 1.1, to the Subcontractor, which statement shall contain
DEFINITIONS all information that the Architect may require.
15.1.1 Revise the first sentence of Subparagraph 1.1.1 15.5 MODIFICATION OF PARAGRAPH 7.5,
as set forth below: PERFORMANCE BOND AND LABOR AND
The Contract Documents consist of the Agreement, MATERIAL PAYMENT BOND
the Conditions of the Contract (General, Supplemen- 15.5.1 Substitute the following for Subparagraph 7.5.1
tary and other Conditions), Performance Bond, Labor
and Material Payment Bond, the Drawings, the Spec- as set forth below:ifications, all Addenda issued prior to execution of 7.5.1 The Contractor shall furnish a Performance
the Agreement and all Modifications thereto. Bond in an amount equal to
15.2 MODIFICATION OF PARAGRAPH 4.8 percent ( %) of the Con-
tract Sum as security for the faithful performance of
CASH ALLOWANCES this Contract and also a Labor and Material Payment
15.2.1 Substitute the following for Subparagraph 4.8.1 Bond in an amount not less than
as set forth below: percent( %)of the
Contract Sum or in a penal sum not less than that
4.8 cash
The Contractor shall include in his proposal
the4.8 cash a allowances stated in the Specifications.These prescribed by State,Territorial or local law,as security •
net cost estimate of for the payment of all persons performing labor on
stated allowances represent the
. the materials and equipment delivered and unloaded the Project under this Contract and furnishing mate-
at the site, and all applicable taxes. The Contractor's vials in connection with this Contract. The Perform-
athandlingthe on the site, tare, ThCot costs,tos ance Bond and the Labor and Material Payment Bond
overhead, profit and other expenses contemplated may be in one l law in separate instruments in accord-
overhead, the
for the cash allowance material and equipment shall ance with local and shall be delivered to the
be included in the Contract Sum since they are not Owner not later than the date of execution of the
Contract.
included in the cash allowance estimates. The Con-
tractor shall purchase the cash allowance materials 15.6 MODIFICATION OF PARAGRAPH 11.1,
and equipment as directed by the Architect on the CONTRACTOR'S LIABILITY INSURANCE
basis of the lowest responsive bid of at least three
competitive bids. If the actual cost of the materials 15.6.1 Add the following Subparagraph 11.1.4 at the end
and equipment delivered and unloaded at the site of Paragraph 1 t.1, Contractor's Liability Insuran:r_;
and all applicable taxes is more or less than thecash 11.1.4 The Contractor's Comprehensive t eneraI
allowance estimates, the Contract Sum will be ad- Liability Insurance and Automobile Liabi::ty Insur-
justed accordingly by Change Order. ance required by Subparagraph 11.1.1 shall be in•an
amount not less than
15.3 MODIFICATION OF PARAGRAPH 5.1, dollars
DEFINITIONS
($ ) for injuries, including
15.3.1 Add Subparagraph 5.1.4 as set forth below accidental death, to any one person and subject to
the same limit for each person, and in an amount
• 5.1.4 The Contractor may utilize the services of only not less than
those Subcontractors who have not been disqualified
under existing Federal laws and regulations from par- dollars
ticipating in Federally assisted construction projects. ($ ) on account of one oc-
currence. The Contractor's Property Damage Liabil-
ity Insurance shall be in an amount not less than
15.4 MODIFICATION OF PARAGRAPH 5.2, AWARD
OF SUBCONTRACTS AND OTHER CONTRACTS
FOR PORTIONS OF THE WORK dollars
(b ). The Contractor shall
15.4.1 Delete Subparagraphs 5.2.1, 5.2.2, 5.2.3, 5.2.4 either (I) require each of his Subcontractors to pro-
and 5.2.5 and substitute the following as set forth below: cure and to rn,lintain during the life of his Sub-
AtA 1)OCU1l;''.T5 A!91 AND A2'1l • C;1.`:1.11 ANC) ml NiA''v (();;I)I;1(iN'; • r-;)!R.%; (;wily)\ • A1:1
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MAt'lI 1"u'! PRINTING
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• contract, Subcontractors' Comprehensive General 16.3 LANDS AND RIGHTS-OF-WAY
Liability, Automobile Liability, and Property Damage
Liability Insurance of the type and in the same 16.3.1 Prior to the start of construction, the Owner shall
amounts as sp;•cified in this Subparagraph, or (2) obtain all lands and rights-of-way necessary for the exe-
insure the activity of his Subcontractors in his own cution and completion of Work to be performed under
policy.The Contractor's and his Subcontractors'liabil- this Contract.
ity insurance shall include adequate protection against 16.4 EQUAL OPPORTUNITY
the following special hazards:
16.4.1 During the performance of this.Contract the Con-
tractor agrees as follows:
.1 The Contractor will not discriminate against any
employee or applicant for employment because
. of race, religion, color, sex or national origin.
The Contractor will take affirmative action to
insure that applicants are employed and that
employees are treated during employment with-
out regard to their race, religion, color, sex or
national origin. Such action shall include, but
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not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination;
0.15i above special hazards,it any.) rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
15.7 MODIFICATION OF PARAGRAPH 11.3, The Contractor agrees to post in conspicuous
PROPERTY INSURANCE places, available to employees and applicants
for employment, notices to be provided by an
15.7.1 Revise the first sentence of Subparagraph 11.3.1 appropriate agency of the Federal Government
as set forth below: setting forth the requirements of these nondis- •
11.3.1 Until the Work is completed and accepted by criminal on provisions.
the Owner, the Owner* [or] the Contractor* shall . .2 The Contractor will, in all solicitations or adver-
• purchase and maintain property insurance upon the tisements for employees placed by or on behalf
entire \\'ork at the site to the full insurable value of the Contractor, state that all qualified appli-
thereof, cants will receive consideration for employment
.(Strike one at the option of the Owner.) without regard to race, religion, color, sex or
national origin.
•
ARTICLE 16 .3 The Contractor will send to each labor union or
representative of workers with which he has a
ADDITIONAL. CONDITIONS collective bargaining agreement or other contract
or understanding a notice to be provided advis-
16.1 SUBSTITUTION OF MATERIALS AND EQUIPMENT ing the labor union or workers' representative of
the Contractor's commitments under Secticn "02
16.1.1 Whenever a material, article or piece of equip- of Executive Order No. 11246 of September 24,
ment is identified on the Drawings or in the Specifica- 1965, and shall post copies of the notice in con-
'.ions by reference to manufacturers' or vendors' names, spicuous places available to employees and appli- •
trade names, catalog numbers, or the like, it is so identi- cants for employment.
fied for the purpose of establishing a standard, and any .4 The Contractor will comply with all provisions of
material, article, or piece of equipment of other mamr-
facluners or vendors which will perform adequately the Executive Order No. 1122.6 of September 24,
duties imposed by the general design will be considered 1965, of of the rules, regulations and relevant
equally acceptable provided the material, article, or piece orders of the Secretary of Labor.
of equipment so proposed is,in the opinion of the Archi- .5 The Contractor will furnish all information and
test, of equal substance, appearance and function. It reports required by Executive Order No. 11246
shall riot be purchased or installed by the Contractor of September 24, 1965, and by the rules, regula-
without the Architect's written approval, lions and orders of the Secretary of Labor, or
16.2 FEDERAL INSPECTION pursuant thereto, and will permit access to his
books, records, and accounts by an appropriate
16.2.1 The authorized representatives and agents of the agency of the Federal Government and by the
Federal Government shall be permitted to inspect all the Secretary of Labor for purposes of investi-
Work, materials, payrolls, records of personnel, invoices gatinn to ascertain compliance with such rules,
of nt.:teri.tls, and other relevant data and records. tegulatinns and orders.
7 tail 1)OCU1.1£NIS ,\1i'; AN!) A:'(Ili::C • tit:•:!I;•\1 AND S!will`.fr": coND:fit' c • rl'uRm. .orrt(T.' • MA to
).\:•:. i'X,Y • 'ME Am',%It:\N IN'oitoit. t.): AR(lit Il.(:1.'i, I:.r. \i.\V YORK A\'1:., N.\V.. WASHING ION, I).C. 2ric
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( .6 In the event of the Contractor's noncompliance which is attached hereto and made a part hereof, regard-
with the Equal Opportunity conditions of this less of any contractual relationship which may be
Contract or with any of such rules, regulations alleged to exist between the Contractor or Subcontractor
or orders, this Contract may be cancelled. ter- and such laborers and mechanics, and the wage deter-
minated or suspended in whole or in part, and mination decision shall be posted by the Contractor at the
the Contractor may be declared ineligible for site of the Work in a prominent place where it can
further Government contracts, in accordance with easily be seen by the workers.
procedures authorized in Executive Order No.
11246 of September 24, 1965, and such other 16.5.2 The Contractor may discharge his obligation under
sanctions may be imposed and remedies invoked Subparagraph 16.5.1 to workers in any classification for
as provided in said Executive Order, or by rule, which the wage determination decision contains:
regulation or order of the Secretary of Labor, or .1 Only a basic hourly rate of pay, by making pay-
as otherwise provided by law. ment not less than such basic hourly rate, except
/ The Contractor will include all of Clauses 16.4.1.1 as otherwise provided in the Copeland Regula-
• through 16.4.1.7 inclusive in every Subcontract lions (29 CFR, Part 3); or
or purchase order unless exempted by rules, .2 Both a basic hourly rate of pay and fringe benefit
regulations or orders of the Secretary of Labor payments, by making payment in cash, by irrev-
issued pursuant to Section 204 of Executive Order ocably making contributions pursuant to a fund,
No. 11246 of September 24, 1965, so that such plan or program for and/or by assuming an
provisions will be binding upon each Subcon- enforceable commitment to bear the cost of
tractor or vendor. The Contractor will take such bona fide fringe benefits contemplated by the
action with respect to any Subcontractor or Davis-Bacon Act, or by any combination thereof.
vendor as the appropriate agency of the Federal These fringe benefit payments can be discharged
Government may direct as a means of enforcing only by making contributions to the same type
such provisions, including sanctions for non- or types of fringe benefits listed in the applicable
compliance: provided, however, that in the event determination. Contributions made, or costs as-
the Contractor becomes involved in, or is threat- sumed, on other than a weekly basis shall be
ened with, litigation with a Subcontractor or considered as having been constructively made
vendor as a result of such direction by the or assumed during a weekly period to the extent
appropriate agency of the Federal Government, that they apply to such period. Where a fringe
the Contractor may request the United States to benefit is expressed in a wage determination
• enter into such litigation to protect the interests in any manner other than as an hourly rate
of the United States. and the Contractor pays a cash equivalent or
16.4.2 Exemptions to the above Equal Opportunity con- provides an alternative fringe benefit, he shall
ditions are construction Contracts and Subcontracts not furnish information with his payrolls showing
exceeding 510,000, Contracts and Subcontracts riot ex-
make he determined that the cost incurred to
deeding S100,000 for standard commercial supplies or make the cash payment or to provide the alter-
raw materials, and Contracts and Subcontracts under native eter ratibenefit is equal to the cost of the
which Work is performed outside the United States where wage determination fringe benefit. In the event
no recruitment of workers within the United States is esof
disagreement ob an en or among the inter-
im�olved. ted parties as to an equivalent of any fringe
benefit, the Owner shall submit the question
16.4.3 Unless otherwise provided, the above Equal Op- together with his recommendation thrash the
portunity provisions are not required to be inserted in appropriate Federal agency to the Secretary of
Sub-subcontracts except for Sub-subcontracts involving Labor for final determination.
the performance of construction Work at the site of 16.5.3 The assumption of an enforceable commitment to
construction, in which case the provisions must he in- bear the cost of fringe benefits listed in the wage deter-
serted in all such Sub-subcontracts. urination decision forming a part of the Contract may be
16.5 PF.EVAlLING WAGES considered as payment of wages only with the approval
of the Secretary of Labor pursuant to a written request
• 16.5.1 All mechanics and laborers employed or working by the Contractor. The Secretary of Labor may require
the Contractor to set aside assets, in a separate account,
directly upon the site of the Work shall be paid uncondi-
tionally, and not less often than once a week, and with- to meet his obligations under any unfunded plan or
out subsequent deduction or rebate on any account program.
[except such payroll deductions as are permitted by 16.5.4 The Owner shall require that any class of laborers or
the Copeland Regulations (29 Code of Federal Regu- mechanics which is not listed in the wage determination
lations, Part 3)1, the full amounts due at time of pay- and which is to be employed under the Contract shall be
ment computer) at wage rates not less than the aggregate classified or reclassified conformably to the wage deterrni-
of the basic hourly rates and the rates of payments, con- nation and a report of the action taken shall be sent to
lrihutions, or costa for any fringe benefits contained in the appropriate Federal agency. If the interested oar-ties
the vi•atio determination des i,inn of the Secretary of labor cannot agree on the proper classification or rech'ssifica-
AJA Doll .lo ?-All AND P.2( 1.",r- (TINEA . i ' : I VIN,' VI ( il,i , cs . Iil'FPV Di I ION • AAArt)
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mALru :'C' I'tiN r INC
•
tion of a particular class of laborers or mechanics to be to his entire work force under the registered program.
used, the Owner shall submit the question together with Any employee listed on a payroll at any apprentice wage
his recommendations through the appropriate Federal rate who is not registered as above, shall be paid the
agency to the Secretary of Labor for final determination. wager rate determined by the Secretary of Labor for the
classification of work he actually performed.
i6.5.5 In the event it is found by the Owner that any 16.7.2 The Contractor shall furnish written evidence of
laborer or mechanic employed by the Contractor or any the registration of his program and apprentices, the
Subcontractor directly on the site of the Work has been ratios allowed and the wage rates required to be paid
or is being paid at a rate of wages less than the rate of thereunder for the area of construction prior to using
wages required by Subparagraph 16.5.1, the Owner may any apprentice in the Contract Work.
(a) by written notice to the prime Contractor terminate
his right to proceed with the Work, or such part of the 76,8 PAYROLLS.AND BASIC RECORDS
Work as to which there has been a failure to pay said
required wages, and (b) prosecute the Work to comple- 16.8.1 The Contractor shall maintain payrolls and basic
tion by Contract or otherwise, whereupon such Con- records relating thereto during the course of the Work
tractor and his sureties shall be liable to the Owner for and shall preserve them for a period of three years there-
any excess costs occasioned the Owner thereby. after for all laborers and mechanics working at the site
of the Work. Such records shall contain the name and •
16.6 CONTRACT WORK HOURS STANDARDS ACT— address of each employee, his correct classification, rate
OVERTIME COMPENSATION of pay (including rates of contributions for, or costs
(40 United States Code 327-330) assumed to provide, fringe benefits), daily and weekly
number of hours worked
16.6.1 The Contractor shall not require or permit any
laborer or mechanic in any work-week in which he is wages paid. Whenever the Contractor has obtained
employed on any Work under this Contract to work in approval from the Secretary of Labor as provided in
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excess of 8 hours in any calendar day or in excess of 40 Subparagraph 16.5.3, he shall maintain records which
hours in such work-week on Work subject to the pro- showthe commitment, its approval, written communica-
visions of the Contract Work Hours Standards Act unless lion of the plan or program to the laborers or mechanics
affected, and the costs anticipated or incurred under the
such laborer or mechanic receives compensation at a
rate not less than one and one-half times his basic rate plan or program. - •
of pay for all such hours worked in excess of 8 hours in 16.8.2 The Contractor shall submit weekly a copy of all
any calendar day or in excess of 40 hours in such work- payrolls to the Owner. The prime Contractor shall be
. week,whichever is the greater number of overtime hours. responsible for the submission of copies of payrolls of all
The "basic rate of pay" as used in this provision shall be Subcontractors. Each such copy shall be accompanied by
the amount paid per hour, exclusive of the Contractor's a statement signed by the Contractor indicating that the
contribution or cost for fringe benefits, and any cash payrolls are correct and complete, that the wage rates
. payment made in lieu of providing fringe benefits, or contained therein are not less than those determined by
the basic hourly rate contained in the wage determina- the Secretary of Labor, and that the classifications set
tion,whichever is greater. forth for each laborer or mechanic conform with the
Work he performed. Submission of the "Weekly State-
16.6.2 In the event of any violation of the provisions of
Subparagraph 16.6.1, the Contractor shall be liable to any merit of Compliance" required under this Contract and
the Copeland Regulations of the Secretary of Labor (29
affected employee for any amounts due, and to the
United States for liquidated damages. Such liquidated CFR, Part 3) shall satisfy the requirement for submission
of the above statement. The Contractor shall submit also
damages shall be computed with respect to each indi-
victual laborer or mechanic employed in violation of the a copy of any approval by the Secretary of Labcr with
provisions of Subparagraph 16.6.1 in the sum of $10 for respect to fringe benefits which is required by Subpara:
each calendar day on which such employee was required graph 16.5.3.
or permitted to be employed on such Work in excess of 16.8.3 The Contractor shall make the records required
8 hours or in excess of the standard work-w'ee'k of 40 under Subparagraphs 16.8.1 and 16.8.2 available for in-
houis without payment of the overtime wages required speTon by authorized representatives of the Owner,
by Subparagraph 16.6.1. the State, the appropriate Federal agency and the U.S.
Al'YRENTiCES Department of Labor, and shall permit such representa-
16.7 lives to interview employees during working hours on
16.7.1 Apprentices shall be permitted to work as such the Job.
only when they are registered individually under a bona 16.9 COMPLIANCE WITH COPELAND REGULATIONS
fide apprenticeship program registered with a State
apprenticeship agency which is recognized by the Bureau 16.9.1 The Contractor shall comply with the Copeland
of Apprenticeship and Training, U.S. Department of Labor; Regulations of the Secretary of Labor (29 CFR, Part 3)
or, if no such recognized agency exists in a Stale, under wliic:h are incorporated herein by reference. In addition,
a program registered with the aforesaid itureau of Ap- the Weekly Statement of Compliance required by these
prentireship and Training. The allowable ratio of appren- Regulations shall also contain a statement that the fringe
ties to jouraeyin rn in any craft classifi,.rtion shall not benefits paid ate equal to or greater than those set forth
he greater man the ratio ln'rmittecl to the (.ont:.,(tor as in the minimum wage decision.
AlA I1O(UMI!..!it. A101 ANI.) /V.:at/SC • (:l NI EAI. A':l r '-I TV:I MI N:At"i (. e;t)I I ioNS • ft MR:M. I DI'ION • NA e
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MARCH 1'169 PRINTING
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16.10 WITHHOLDING OF FUNDS that he will not permit his employees to perform their
services at any location under his control where segre-
16.10.1 The Owner may withhold or cause to be with- gated facilities are maintained. The Contractor or Sub-
held from the prime Contractor so much of the accrued contractor agrees that a breach of this certification is a
payments or advances as may be considered necessary violation of Paragraph 16.4 "Equal Opportunity". As used
(a) to pay the laborers and mechanics employed by the herein, the term "segregated facilities" means any wait-
Contractor or any Subcontractor on the Work the full ing rooms, work areas, rest rooms and wash rooms,
amount of wages required by the Contract, and (b) to restaurants and other eating areas, time clocks, locker
satisfy any liability of any Contractor for liquidated dam- rooms and other storage or dressing areas, parking lots,
ages under Paragraph 16.6 hereof entitled "Contract Work drinking fountains, recreation or entertainment areas,
Hours Standards Act—Overtime Compensation (40 USC transportation, and housing facilities provided for em-
327-330)". ployees on the basis of race, creed, color, or national
16.10.2 If the Contractor or any Subcontractor fails to origin, because of habit, local custom, or otherwise. The
pay any laborer or mechanic employed or working on the Contractor further agrees that (except where he has
site of the Work, all or part of the wages required by the obtained identical certifications from proposed Subcon-
Contract, the Owner may, after written notice to the tractors for specific time periods) he will obtain identical
prime Contractor, take such action as may be necessary certifications from proposed Subcontractors prior to the
to cause suspension of any further payments or advances award of Subcontracts exceeding $10,000 which are not
until such violations have ceased. exempt from the provisions of Paragraph 16.4 "Equal
16.11 SUBCONTRACTS Opportunity"; that he will retain such certifications in
his files; and that he will forward the following notice
16.11.1 The Contractor will insert in all Subcontracts to such proposed Subcontractors (except where the pro-
Paragraphs 16.5 through 16.12 inclusive, respectively en- posed Subcontractors have submitted identical certifica-
titled "Prevailing Wages", "Contract Work Hours Stand- tions for specific time periods):
ards Act—Overtime Compensation (40 USC 327-330)",
"Apprentices", "Payrolls and Basic Records", "Compli- "NOTICE TO PROSPECTIVE SUBCONTRACTORS
ance with Copeland Regulations", "Withholding of OF REQUIREMENT FOR CERTIFICATIONS OF
Funds", "Subcontracts" and "Contract Termination— NONSEGREGATED FACILITIES"
Debarment", and shall further require all Subcontractors
to incorporate physically these same Paragraphs in all A Certification of Nonsegregated Facilities, as re-
Sub-subcontracts. quired by the May 9, 1967, order (32 Federal Register
7439, May 19, 1967) on Elimination of Segregated
16.11.2 The term "Contractor" as used in such Para- Facilities, by the Secretary of Labor, must be sub-
graphs in any Subcontract shall be deemed to refer to the mitted prior to the award of a Subcontract exceeding
Subcontractor except when the phrase "prime Contractor" $10,000 which is not exempt from the provisions of
is used. Paragraph 16.4 "Equal Opportunity". The Certifica-
16.12 CONTRACT TERMINATION—DEBARMENT lion may be submitted either for each Subcontract or
for all Subcontracts during a period, i.e., quarterly,
16.12.1 A breach of Paragraphs 16.5 through 16.11 in- semiannually or annually. •
elusive, respectively entitled"Prevailing Wages","Contract 16.13.2 The penalty for making false statements in Certi-
Work Hours Standards Act—Overtime Compensation fications required by Subparagraph 16.131 is prescribed
(40 USC 327-330)", "Apprentices", "Payrolls and Basic in 18 USC 1001.
Records", "Compliance with Copeland Regulations",
"Withholding of Funds" and "Subcontracts", may be 16.14 USE AND OCCUPANCY OF PROJECT PRIOR TO
grounds for termination of the Contract and for debar- ACCEPTANCE BY THE OWNER
ment as provided in 29 CFR 5.6. 16.14.1 The Contractor agrees to use and occupancy of
16.13 CERTIFICATION OF NONSEGREGATED FACILI- a portion or unit of the Project before forma! accept-
TIES-- (Applicable to Contracts and Subcontracts ance by the Owner under the following conditions:
exceeding 510,000 which are not exempt from the
provisions of Paragraph 16.4 "Equal Opportunity" .1 A Certificate of Substantial Completion shall be
of this Article 16.) prepared and executed as provided in Subpara-
graph 9.7.1 of the accompanying General Condi-
16.13.1 By entering into an agreement related to the tions of the Contract for Construction, except
Work described in the Contract Documents the Con- that when, in the opinion of the Architect, the
tractor or Subcontractor certifies that he does not main- Contractor is chargeable with unwarranted delay
tain or provide for his employees any segregated facilities in completing Work or other Contract require-
at any of his establishments, and that he does not permit ments the signature of the Contractor will not be
his employees to perform their services at any location required. The Certificate of Substantial Comple-
under his control where segregated facilities are main- tion shall he accompanied by a written endorse-
tained. The Contractor or Subcontractor further certifies ment of the Contractor's insurance carrier and
that he will not maintain or provide for his employees surety permitting occupancy by the Owner clur-
any segregated facilities at any of his establishments and ing the remaining period of Project Work.
AIA UOCU'dt i, A'lil AN!' 1.21,1/SCI • CENTRAL , NU MI ('",sl)li HUNS • 110ITO.I. EDI IION • AI , C�
IAN. ?9h1 • 1111 AMERICAN INStI EMC DI ARCHITECTS, "ITYT NEW SORT: AU., NAV., WA5uIINCION, U.C. '0t0t, 6
mARCII I"L9 r:_It:riN,
.2 Occupancy by the Owner shall not he construed tain all insurance and bonds required of the Contractor
by the Contractor as being an acceptance of that under the Contract until the Project is completed and
part of the Project to be occupied. accepted by the O'.vr•.er.
.3 The Contractor shall not be held responsible for 16.15 SCHEDULE OF OCCUPATIONAL
any damage to the occupied part of the Project CLASSIFICATIONS AND PREVAILING HOURLY
resulting from the Owner's occupancy. WAGE RATES
.4 Occupancy by the Owner shall not be deemed to 16.15.1 Attached is the schedule of occupational ciassi-
constitute a waiver of existing claims in behalf fications and prevailing hourly wage rates as required
of the Owner or Contractor against each other. under Paragraph 16.5 of these Supplementary Conditions.
This schedule is part of the Supplementary Conditions.
.5 If the Project consists of more than one building,
and one of the buildings is to be occupied, the 16.16 ENUMERATION OF THE DRAWINGS,
Owner, prior to occupancy of the building, shall THE SPECIFICATIONS AND ADDENDA
secure permanent property insurance on the 16.16.1 Following are the Drawings, Specifications and
building to be occupied and necessary permits Addenda which form a part of this Contract, as set forth
which may be required for use and occupancy. in Subparagraph 1.1.1 of the accompanying General
16.14.2 With the exception of Clause 16.14.1.5, use and Conditions of the Contract for Construction.
occupancy by the Owner prior to Project acceptance does List below all Drawings,Specifications and Addenda,es indicated in the lot.
not relieve the Contractor of his responsibility to main- lowing format,showing page or sheet numbers and dates where applicable.)
DRAWINGS
Architectural (General Construction): Nos. to Date •
Heating,Ventilating and Air Conditioning: Nos. to Date
Plumbing: Nos. to _ Dale •
Electrical: Nos. to Date
Other Nos. to Date
SPECIFICATIONS: DATED
Architectural (General Construction): Page to ,incl.
Heating and Ventilating: Page to incl.
Plumbing: Page to ,incl.
Electrical: Page to ,incl.
Other Page _to ,incl.
•
ADDENDA:
No. Date No. Date
•
AIA DO! UM!NTS A'!',1 /OM ANtisC • (.t':!i '.; AND SUI'i'(I'.lt`;i r Li CON!):!It INS • ![DERA1. EDI I ION • Al:.
7 JAN. 1A!) • THE AM! 4 AN I\'•IiILi1I 01 Ai:( I Ill!CIS, 1'i', Ni V St)1L A\t_., i,., 111.YNINC.ION. P.C. _i!TP,
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