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Home My WebLink About740567.tiff n 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 Livingston Construction Co. , Fort Collins, Colorado, to construct the Weld County Public Health Building and to pay therefor from Federal Sharing Revenue Funds, all pursuant to proper advertisement for bids in accordance with statutes for said purpose, and WHEREAS, it has now come to the attention of the Board that said construction of the aforementioned building is subject to AIA Document A201/SC - Federal Edition Titled "Supplementary Conditions of the Contract for Construction " dated March, 1969, and change order #2, copy 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 incorporate the aforementioned Change Order #2 within the contract and agreement previously entered into with Livingston Construction Co. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that Change Order #2 herein- above mentioned and made a part hereof by reference, be and the same hereby is ordered to be made a part of the contract and agreement herein- before mentioned between Weld County and Livingston Construction Co. for the erection of the Weld County Public Health Building. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A. D. , 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 7� 6 'l,t /J ( Li//-/1 7C<iffees-C _ Aar ATTEST: /c X ( c. Weld County Clerk and Recorder and Clerk to the Board r. Deputy County Clerk APPROVED AS TO FORM: et, I`�ounty AttoYney 740567 CHANGE OWNER ARCHITECT ORDER CONTRACTOR FIELD AIA DOCUMENT G701 OTHER CCA PROJECT: Weld Co. Public Health Building CHANGE ORDER NUMBER: Two (2) (name, address) 16th St. & Hospital Road Greeley, Colorado 80631 TO (Contractor) Livingston Construction Co. 7 ARCHITECT'S PROJECT NO: 73 1 CCA 0118 1717 Willox Court CONTRACT FOR: Complete Construction Work Fort Collins, Colorado 80521 L CONTRACT DATE: September 17, 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. 16.4 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: $1,500.00 The original Contract Sum was $ 673,700.00 Net change by previous Change Orders $+ 5,335.00 The Contract Sum prior to this Change Order was $ 679,035.00 The Contract Sum will be (increased) (ctsantandwigtaby this Change Order . . $ 1,500.00 The new Contract Sum including this Change Order will be $ 680,535.00 The Contract Time will be (ir'-•^,....n r"na oseed) (unchanged) by ( -0- ) Days. The Date of Completion as of the date of this Change Order therefore is October 1, 1974 • ,•-••••. CNC/NHPQ, Inc. Livingston Construction, Inc. Weld County Commissioners AMINEEcTlubhouse Drive ¶? $M6T2x Court gel County Court House Address dres reel , Colorado 80 31 forrtss n�1 Collins, olorado 80521 seesley Colorado 80631 BY BY14 < BY a DATE / 4t DATE / —' L± / DATE AIA DOCUMENT 6701 • CHANGE ORDER • APRIL 1970 EDITION • AIA® • © 1970 • THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS "Ain a.: 1s/ �l u1,71� AIA Document A201/SC—Federal Edition* Supplementary Conditions of the Contract for Construction 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 Standards 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 Welfare Federally Assisted Construction Projects. AIA DOCUMENTS A201 AND A201/SC • GENERAL AND SUPPLEMENTARY CONDITIONS • FEDERAL EDITION • AIA ® JAN. 1969 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 1 MARCH 1969 PRINTING 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 the Architect. Such approval need not be given MODIFICATIONS OF THE GENERAL CONDITIONS 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 percent ( %) of the Con- 15.2 MODIFICATION OF PARAGRAPH 4.8, CASH ALLOWANCES tract Sum as security for the faithful performance of 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 4.8.1 The Contractor shall include in his proposal the cash allowances stated in the Specifications.These for pre the d payment by St of f allTe persons ool o local o mla n as labor on stated allowances represent the net cost estimate of e the t under this all Contract ndfu furnishing on mate- the materials and equipment delivered and unloaded the Project with this saC and ft. The sei Perform- at the site, and all applicable taxes. The Contractor's vials in connection n and tthe Labor Material handling costs on the site, labor, installation costs, ance Bond the and Material Payment Bond overhead, profit and other expenses contemplated may be in one in separate inbeudents in accord- ante with local l for the cash allowance material and equipment shalllaw 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 of Paragraph 11.1, Contractors Liability Insurance: and equipment delivered and unloaded at the site and all applicable taxes is more or less than the cash 11.1.4 The Contractor's Comprehensive General allowance estimates, the Contract Sum will be ad- Liability Insurance and Automobile Liability Insur- justed accordingly by Change Order. ance required by Subparagraph 11.1.1 shall be in an 15.3 MODIFICATION OF PARAGRAPH 5.1, amount not less than DEFINITIONS dollars ($ ) 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 those Subcontractors who have not been disqualified not less than 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 ($ ). The Contractor shall 15.4.1 Delete Subparagraphs 5.2.1, 5.2.2, 5.2.3, 5.2.4 either (1) require each of his Subcontractors to pro- and 5.2.5 and substitute the following as set forth below: cure and to maintain during the life of his Sub- AEA DOCUMENTS A201 AND A201/SC • GENERAL AND SUPPLEMENTARY CONDITIONS . FEDERAL EDITION • AIA JAN. 1969 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 2 MARCH 1969 PRINTING 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 specified 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: Q 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 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 (List above special hazards,if any.) 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 crimination 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 Work 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 Section 202 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- tions 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 manu- Executive Executive Order No. 11246 of September 24, facturers or vendors which will perform adequately the 1965, and of the rules, regulations and relevant duties imposed by the general design will be considered orders of the Secretary of Labor. equally acceptable provided the material, article, or piece of equipment so proposed is,in the opinion of the Archi- .5 The Contractor will furnish all information and tect, of equal substance, appearance and function. It reports required by Executive Order No. 11246 shall not be purchased or installed by the Contractor of September 24, 1965, and by the rules, regula- without the Architect's written approval. tions 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 gation to ascertain compliance with such rules, of materials, and other relevant data and records. regulations and orders. 3 AIA DOCUMENTS A201 AND A201/SC • GENERAL AND SUPPLEMENTARY CONDITIONS • FEDERAL EDITION • AIA JAN. 1969 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 MARCH 1969 PRINTING r. .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. 16.5.2 The Contractor may discharge his obligation under 11246 of September 24, 1965, and such other 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 .7 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 tions (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 Exem lions to the above E ual O provides an alternative fringe benefit, he shall p q pportunity con- furnish information with his payrolls showing ditions are construction Contracts and Subcontracts not how he determined that the cost incurred to exceeding $10,000, Contracts and Subcontracts not ex- make the cash payment or to provide the alter- ceeding $100,000 for standard commercial supplies or native fringe benefit is equal to the cost of the raw materials, and Contracts and Subcontracts under wage determination fringe benefit. In the event which Work is performed outside the United States where of disagreement between or among the inter- no recruitment of workers within the United States is ested parties as to an equivalent of any fringe involved. benefit, the Owner shall submit the question 16.4.3 Unless otherwise provided, the above Equal Op- together with his recommendation through 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 be in- bear the cost of fringe benefits listed in the wage deter- serted in all such Sub-subcontracts. mination decision forming a part of the Contract may be 16.5 PREVAILING 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 computed at wage rates not less than the aggregate classified or reclassified conformably to the wage determi- of the basic hourly rates and the rates of payments, con- nation and a report of the action taken shall be sent to tributions, or costs for any fringe benefits contained in the appropriate Federal agency. If the interested parties the wage determination decision of the Secretary of Labor cannot agree on the proper classification or reclassifica- AIA DOCUMENTS A201 AND A201/SC • GENERAL AND SUPPLEMENTARY CONDITIONS • FEDERAL EDITION • AIA ® 4 JAN. 1969 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NM., WASHINGTON, D.C. 20006 MARCH 1969 PRINTING 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. wage rate determined by the Secretary of Labor for the classification of work he actually performed. 16.5.5 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 Subcontractor directly on the site of the Work has been the registration of his program and apprentices, the or is being paid at a rate of wages less than the rate of ratios allowed and the wage rates required to be paid wages required by Subparagraph 16.5.1, the Owner may thereunder for the area of construction prior to using (a) by written notice to the prime Contractor terminate any apprentice in the Contract Work. his right to proceed with the Work, or such part of the 16.8 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 16.6.1 The Contractor shall not require or permit any number of hours worked, deductions made and actual 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 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- show the commitment, its approval, written communica- visions of the Contract Work Hours Standards Act unless tion of the plan or program to the laborers or mechanics such laborer or mechanic receives compensation at a affected, and the costs anticipated or incurred under the 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 16.6.2 In the event of any violation of the provisions of Work he performed. Submission of the "Weekly State- Subparagraph 16.6.1, the Contractor shall be liable to any ment of Compliance" required under this Contract and affected employee for any amounts due, and to the the Copeland Regulations of the Secretary of Labor (29 United States for liquidated damages. Such liquidated CFR, Part 3) shall satisfy the requirement for submission damages shall be computed with respect to each indi- of the above statement. The Contractor shall submit also vidual laborer or mechanic employed in violation of the a copy of any approval by the Secretary of Labor 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-week of 40 under Subparagraphs 16.8.1 and 16.8.2 available for in- hours without payment of the overtime wages required spection by authorized representatives of the Owner, by Subparagraph 16.6.1. the State, the appropriate Federal agency and the U.S. 16.7 APPRENTICES Department of Labor, and shall permit such representa- tives 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 State, under which are incorporated herein by reference. In addition, a program registered with the aforesaid Bureau of Ap- the Weekly Statement of Compliance required by these prenticeship and Training. The allowable ratio of appren- Regulations shall also contain a statement that the fringe tices to journeymen in any craft classification shall not benefits paid are equal to or greater than those set forth be greater than the ratio permitted to the Contractor as in the minimum wage decision. 5 AIA DOCUMENTS A201 AND A201/SC • GENERAL AND SUPPLEMENTARY CONDITIONS • FEDERAL EDITION • AIA ® )AN. 1969 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 MARCH 1969 PRINTING 1610 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 (a) to pay the laborers and mechanics employed by the violation of Paragraph 16.4 "Equal Opportunity". As used herein, the term "segregated facilities" means any wait- Contractor or any Subcontractor on the Work the full amount of wages required by the Contract, and (b) to ing rooms, work areas, rest rooms and wash rooms, satisfy any liability of any Contractor for liquidated dam- restaurants and other eating areas, time clocks, locker ages under Paragraph 16.6 hereof entitled "Contract Work rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, Hours Standards Act—Overtime Compensation (40 USC 327-330)". transportation, and housing facilities provided for em- 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- b- graphs in any Subcontract shall be deemed to refer to the mitted ities, by the Secretary of must prior to the award of aSub ontractexceedir 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 [ion 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. clusive,respectively entitled"Prevailing Wages","Contract Work Hours Standards Act—Overtime Compensation 16.13.2 The penalty for making false statements in Certi- (40 USC 327-330)", "Apprentices", "Payrolls and Basic fications required by Subparagraph 16.13.1 is prescribed Records", "Compliance with Copeland Regulations", in 18 USC 1001. "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. 16.13 CERTIFICATION OF NONSEGREGATED FACILI- 16.14.1 The Contractor agrees to use and occupancy of a portion or unit of the Project before formal accept- TIES—(Applicable to Contracts and Subcontracts ance by the Owner under the following conditions: exceeding $10,000 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- 16.13.1 By entering into an a reement related to the graph 9.7.1 of the accompanying General Condi- g 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 be 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 dur- any segregated facilities at any of his establishments and ing the remaining period of Project Work. AIA DOCUMENTS A201 AND A201/SC • GENERAL AND SUPPLEMENTARY CONDITIONS • FEDERAL EDITION • AIA JAN. 1969 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 6 MARCH 1969 PRINTING .2 Occupancy by the Owner shall not be 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 Owner. .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 classi- 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,as 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 Date 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 DOCUMENTS A201 AND A201/SC • GENERAL AND SUPPLEMENTARY CONDITIONS • FEDERAL EDITION • AIA 99 JAN. 1969 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 MARCH 1969 PRINTING Hello