#09-5234 (DeAngelis Amend #2)
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EXHmIT A..2 Contract:Amendment #2
"09-5234 - CCAAlUSDA Manufacturing Building - Immokalee Airport"
This amendment, dated ( ( , 2010 to the teferenced agreement shall be by and betWeen
the parties to the origina Agr' ment, DeAngelis Diamond Construction, Inc. (to be referred to as
"Contractor~') and Collier County, Florida, (to be referred to as "Owner").
Statement ofUnd~rstaDding
RE: Contract # 09-5234 - "CCAAlUSDA Manufacturing Building - Immokalee Airport"
In order to continue the services provided for in the ortiginal Contract document referenced above., the
Contractor agrees to amend the above referenced Contract as follows:
The documents in the Supplemental Authorization Exhibit "'A2-A" attached to this Amendment and
incorporated herein by reference are added to the contract documents in Amendment #1, Exhibit "AI-A".
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively) by an authorized
person or agent~ hereunder set their hands and seals on the date( s) indicated below.
CONTRACTOR:
DeAngelis Diamond Construction, Inc.
Accepteld: a L ;l t
fO:!R: · '
, 2010
BOARD OF COUNTY
COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BGd<-vaJ ~.~ ~~Y1
~~ra Brueggeman, pr.i~ Manager
lf9R™E
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By: i ./
enny R illippi, Interim cutive
Direc , Collier County AIrport
Auth rity
David Diamond
Type Name of Signatory
By CONTRACT SPE;;AiISkJd
LYn~ ·
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RD Instruction 1942-A
Guide 27
Attachment 2
Page 1
ATTACHMENT TO AlA DOCUMENT A701-1997, Instructions to Bidders
The provisions of this Attachment shall delete, modify and supplement the
provisions contained in the" Instructions ~to Bidders," AlA Document A701-1997
Edition. The provisions contained in this Attachment will supersede any
conflicting provisions of the AlA Document. The term "Agency," as used in
this Attachment, shall mean the United States of America, acting through the
United States Department of Agriculture.
ARTICLE 2, BIDDER'S REPRESENTATIONS
2.1 Add the following subparagraph to paragraph 2.1:
2.1.5 This Bid has been arrived at independently, without consultation,
communication, or agreement as to any matter relating to this Bid, with
any other Bidder or with any competitor.
ARTICLE 4, BIDDING PROCEDURES
4.1.1 Add the following sentence to subparagraph 4..1.1:
Only one copy of the Bid is to be submitted.
4.2.1 Delete subparagraph 4.2.1 and substiitute the following:
4.2.1 Each Bid must be accompanied by a Bid Bond payable to the Owner
for five percent of the total amount of the Bid.
4.2.2 Delete Subparagraph 4.2.2 and substitute the following:
4.2.2 The Bid Bond shall be written on a form identical to that
included in the Bidding Documents, and the attorney-in-fact who executes
the Bid Bond on behalf of the surety shall affix to the Bid Bond a
certified and current copy of the power of attorney.
4.2.3 Add the words "payment and performance" before the word ubonds"; and add
the following to subparagraph 4.2.3:
As soon as the Bid prices have been icompared, the Owner will return the
Bid Bonds of all except the three lowest responsible Bidders. When the
Agreement is executed~ the Bid Bonds of the two remaining unsuccessful
Bidders will be returned.
{08-26-98)
PN 296
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RD Instruction 1942-A
Guide 27
Attachment 2
Page 2
4.2 Add the following subparagraph to paragraph 4.2:
4~2.4 If a Bidder refuses to execute the Agreement or obtain the
Performance and Payment Bonds withirl the agreed time, the Owner may
consider the Bidder in defaul t T in W'hich case' the Bid Bond accompanying
the Bid shall become the property of the Owner.
4.3 Add the following-subparagraphs to ~aragraph 4.3:
4.3.5 All applicable laws, ordinances, and the rules and regulations of
all authorities having jurisdiction .over construction of the Project,
shall apply to the Contract throughout.
4.3.6 The Bidder agrees to abide by the requirements of Executive Order
11246, specifically including the provisions of the Equal Opportunity
Clause and the Standard Federal Equal Employment Construction Contract
Specifications set forth in the Supplementary Conditions.
4~3.7 The Bidder agrees to abide by the requirements of section 319 of
Public Law 101-121, which pertains to lobbying activities and applies to
recipients of contracts or subcontracts that exceed $100,000 at any tier
under a Federal loan that exceeds $150,000 or a Federal grant that
exceeds $100,000. Each Bid shall be accompanied by a completed lobbying
certification form identical to that included in the Bidding Documents.
4.3.8 The Bidder agrees to abide by the requirements under 7 C.F.R.
part 3017, which pertains to the debarment or suspension of a person
from participating in a Federal program or activity. Each Bid exceeding
$25,000 shall be accompanied by, a ralevant completed certification form
identical to that included in the Bidding Documents.
4.4.1 Delete subparagraph 4.4.1 and substitute the following:
4.4.1 No Bidder may withdraw, modify or cancel a Bid within 60 calendar
days after the actual date of the opening thereof. Should there be
reasons why the Contract cannot be awarded within the specified period,
the time may be extended by mutual agreement between the Owner and the
Bidder, and the concurrence of the Agency.
4.4.4 Delete the words ", if required,u from Subparagraph 4.4.4.
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RD Instruction 1942-A
Guide 27
Attachment 2
Page 3
ARTICLE 5, CONSIDERATION OF BIDS
5.3.2 Delete subparagraph 5.3.2 and substitute the following:
5.3.2 The Owner shall have the right to accept Alternates in the
sequence or combinations listed and to determine the low Bidder on the
basis of the sum of the Base Bid and the Alternates accepted.
ARTICLE 7, PERFORMANCE BOND AND PAYMENT BOND
7.1.1 Delete subparagraph 7.1.1 and substitute the following:
7.1.1 Prior to execution of the Contract! the Bidder shall furnish
Bonds covering the faithful performance of the Contract and the payment
of all obligations arising thereunder. Both Bonds shall be separately
written, each in the amount of the Contract Sum. The cost shall be
included in the Bid.
7.1.2 Delete subparagraph 7.1.2 and substitute the following:
7.1.2 Surety companies executing Bands must hold a certificate of,
authority as a acceptable surety on Federal Bonds as listed in Treasury
Circular 570, as amended, and be authorized to transact business in the
State where the Project is located.
7.1.3 Delete subparagraph 7.1.3.
7.2.1 Delete subparagraph 7.2.1 and substitute the following:
7.2.1 The Bidder to whom the Contract is awarded will be required to
execute the Agreement and obtain Performance and Payment Bonds within
ten (10) calendar days from the date when the Notice of Award is
delivered to the Bidder. The Notice shall be accompanied by the
necessary Agreement and Bond forms.
7.2.2 Delete subparagraph 7.2.2 and substitute the following:
7.2.2 The Bonds shall be written on forms identical to those included
in the Bidding Documents.
(Note: Any additional provisions that are necessary to remain effective after
execution of the Contract for Construction will be inserted here and continue
in the same format.)
000
(08-26-98) PN 296
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RD Instruction 1942-A
Guide 27
Attachment 3
Page 1
ATTACHMENT TO AIA DOCUMENT A10l~1997, Standa~d Form of Agreement Between Owner and
Con tra ctor
The provisions of this Attachment shall delete, modify and supplement the prov1s~ons
contained in the "Standard Form of Agreement 'Betw~en Owner and Contractor, II AlA
Document AIOl-1997 Edition. The provisions dontained in this Attachment shall
supersede any conflicting provisions of the AlA Document. The term tlAgency," as used
in this Attachment, shall mean the United States of America, acting through the
United States Department of Agriculture.
ARTICLE 3, DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 Delete paragraph 3.1 and substitute the following:
3.1 The date of commencement shall be contained in by the Notice to Proceed.
3.3 Add the following sentences to paragraph 3.3
If the Work is not substantially complete on or before this date, or within
this period of time, or extension thereof granted by the Owner, the Owner will
sustain damage that will be impracticable and extremely difficult to quantify
in the event of and by reason of such delays. The Contractor shall pay t? the
Owner liquidated damages in the sum o,f $ for each calendar day of delay.
Any sums that may be due the Owner as liquidated damages may be deducted from
any monies due or to become due the contractor under the Contract or may be
collected from the Contractor's surety.
(08-26-98) PN 296
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RD Instruction 1942-A
Guide 27
Attachment 3
Page 2
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ARTICLE 5, PAYMENTS
5.1.6 Insert Uten" and 1110" in the appropriate spaces in subparagraphs 5.1..6.1 and
5.1.6.2.
5.1.8 Insert the following sentences in subp~ragraph 5.1.8:
The amount retained shall be 10% of the value of Work until 50% of the Work has
been completed. At 50% completion1 further partial payments shall be made in
full to the Contractor and no additional amounts may be retained unless the
Architect certifies that the Work is not proceeding satisfactorily, but amounts
previously retained shall not be paid to the Contractor. At 50% completion or
any time thereafter when the progress of the Work is not satisfactory,
additional amounts may be retained but in no event shall the total retainage be
more than 10% of the value of Work completed~
ARTICLE 7, MISCELLANEOUS PROVISIONS
7.6 Add the following subparagraph to article 7.6:
7.6.1 This Agreement shall not become effective until concurred in writing by
the Agency. Such concurrence shall be evidenced-by the signature of a duly
authorized representative of the Agency in the space provided at the end of the
Agency Attachment to this Agreement A The concurrence so evidenced by the
Agency shall in no way commit the Agency to render financial assistance to the
Owner and is without liability to the ~gency for any payment hereunder, but in
the event such assistance is provided, the concurrence shall signify the
provisions of this Agreement are consi~tent with Agency requirements.
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RD Instruction 1942-A
GU1de 27
Attachment 3
Page 3
ARTICLE 8, ENUMERATION OF CONTRACT DOCUMENTS
The following Documents should be referenced, if applicable:
Subparagraph 8.1~3:
Attachment to the Standard Form of Agreement Between Owner and
Contractor (RD Instruction 1942~A, Guide 27, Attachment 3)
General Conditions of the Contract for Construction, AlA A201-1997
Attachment to the General Conditions of the Contract for Construction
(RD Instruction 1942-A, Guide 27, Attachment 4)
Federal Supplementary Conditions of tbe Contract for Construction (AIA
Document A201/SC)
Attachment to the Federal Supplernenta't'y Conditions of the Contract. for
Construction (RD Instruction 1942-A, Guide 27, Attachment 5)
Special Conditions
Subparagraph B.1.7:
Invitation for Bids (Form RD 1924-5)
Instructions to Bidders (AIA Document. A701)
Supplementary Instructions to Bidders (RD Instruction 1942-A, Guide 27,
Attachment 2)
Bid Form
Bid Bond
Compliance Statement (Form RD 400-6)
Payment Bond
Performance Bond
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions (Form AD 1048)
Disclosure of Lobbying Activities (SF-LLL)
Certification for Contracts, Grants and Loans (RD Instruction 1940-Q,
Exhibit A-l)
SIGNATURE BLOCK:
Delete the signature block on page 7 of this Agreement and substitute the block on
the following page:
( 08 - 2 6 - 98 ) PN 2 9 6
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RD Instruction 1942-A
Guide 27
Attachment 3
;page 4
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IN WITNESS WHEREOF, the parties hereto have .executed, or caused to be executed by
their duly authorized officialst this Agreement in duplicate on the respective dates
indicated below:
qwNER:
ATTEST: By
Type Name Type Name
Title Title
Date Date
Type Name
CONTRACTO~
~ 1J1 --I birlrvt d
Type Name ~{L 0,1'.
Title --1rf5/(}eJ
Date 1~Z5-/O
ATTEST:
Title
Date
AGENCY CONCURRENCE:
By
Type Name
Title
Date
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RD Instruction 1942-A
Guide 27
Attachment 4
.page 1
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ATTACHMENT TO AlA DOCUMENT A201-1997, General Conditions of the Contract for
Construction
The provisions of this Attachment shall delete, modify and supplement the prov1s1ons
contained in the "General Conditions of the Cdntract for Construction," AlA Document
A201-1997 Edition. The provisions contained in this Attac~ent will supersede any
conflicting prQvisions of the AlA Document. 1he term lfAgency," as used in this
Attachment, shall mean the United States of Americar acting through the United States
Department of Agriculture.
ARTICLE 1, GENERAL PROVISIONS
1.2 Add the following subparagraph to paragraph 1.2:
1.2.4 Concur~ence in the Contract by the Agency is required before the
contract is effective.
ARTICLE 2, OWNER
2.2..5
Delete subparagraph 2.2.5 and substitute the following:
2.2.5 The Cbntractor will be furnished, free of charge, ____ copies of the
Drawings and Project Manuals necessary for execution ~f the Work.
Additional copies will be available from the Architect' at the cost of
reproduction and handling.
ARTICLE 4, ADMINISTRATION OF THE CONTRACT
4.1..1
Delete the last sentence of subparagraph 4.1.1 and substitute the
following:
The term "Architectlf means the Architect, or the Engineer-when the nature of
the Work is within the authority granted engineers by the State licensure
law, or an authorized representative of the Architect or Engineer.
4.2.12 Delete the words "and will not be liable for results of
interpretations or decisions so rendered in good faithU in the last sentence
of -subparagraph 4.2612.
4.4.5 Add after the word Ubutfl, the words I~may be" in the second sentence
of subparagraph 4.4.5.
(08-26-98) PN 296
RD Instruction 1942-A
Guide 27
Attachment 4
Page 2
4.6.1
Replace the word ~shall'r with the word "may" in the first and second
sentences of. subparagraph 4.6.1.
4.6..2
Delete subparagraph 466.2 and substitute the following:
4.6.2 The arbitration provisions in this subparagraph may be initiated by
either- party to this Contract by filing with the other party and the
Architect a written request for arbitration. The other party may accept or
reject the request by filing a written answering statement with the
requesting party and the Architect within fourteen (14) calendar days of the
receipt of such request. If the request is accepted the provisions of this
section shall apply. If the request is rejected or an answering statement
is not filed within the fourteen (14) day period, the provisions in this
subparagraph will not apply.
4.6.2.1 Within fourteen (14) calendar days or any mutually agreeable time
period thereafter, each party to this Contract will appoint one arbitrator.
Within fourteen (14) calendar days or any mutually agreeable ti~e period
thereafter, the two arbitrators will select a third arbitrator. Failure to
appoint an arbitrator within the mutually agreeable time periodS will
terminate further actions under this subparagraph.
4.6.2.2 The arbitrators will select a hearing location as close to the
Ownerfs locale as possible.
4.6.2.3 The procedure for conducting the hearings will follow the
Construction Industry Arbitration RUles of the American Arbitration
Association.
4..6.3
Replace the word "demandfl with the word ffrequ.est If in the first
sentence of subparagraph 4.6..3.
Replace the word "demandtr with the word "request" in the first
sentence of subparagraph 4.6.5..
4..6.5
ARTICLE 7, CHANGES IN THE WORK
7.1..2
Insert the words u, Agency'" after the word nOwnerU in subparagraph
7..1.2..
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RD Instruction 1942-A
Guide 27
Attachment 4
Page 3
7.2.1
Delete subparagraph 7.2.1 and substitute the following:
7.2.1 A change order is a written order to the Contractor utilizing Form RD
1924-7, nContract Change Order," signed by the Ownert Architect, Contractor,
and the Agency representative. It is issued after the execution of the
Contract, authorizing a change in th~ Work or an adjustment. in the Contract
Sum or the Contract Time. The Contract Sum and the Contract Time may be
changed only by Change Order. The Contractor's signing of the change order
indicates complete agreement therein. When the Contract Sum is based on
unit price, a unit bid quantity may be increased or decreased by a maximum
of twenty percent (20%) without invalidating the unit price.
7.3.1
Add the following sentence to subparagraph 7.3.1.
A Construction Change Directive may be used only for a change in response to
an emergency, as described in Paragraph 10.6.
7.3.3
Delete subparagraph 7.3.3.
7.3~4
Delete subparagraph 7.3.4.
7.3.6
Delete Subparagraph 7.3.6.
ARTICLE 8, TIME
8.2 Add the following subparagraph to paragraph 8.2:
8.2.4 The.Nqtice to Proceed shall be issued within twenty (20) calendar
days of the execution of the Agreement by the Owner. Should there be
reasons why the Notice to Proceed cannot be issued within such period, the
time may be. extended py mutual agreement of the Owner and Contractor, with
the concurrence of the Agency. If the Notice to Proceed has not been issued
within the twenty (20) calendar day period or within the period mutually
agreed, the Contractor may terminate the Agreement without further liability
on the part of either party.
8.3 Add the following subparagraph to paragraph 8.3:
8.3..4 As outlined in article 3 of the Agreement, the Contractor agrees to
pay liquidated damages to the Owner for each calendar day the Contractor
shall be in default.
(08-26-98) PN 296
RD Instruction 1942-A
Guide 27
Attachment 4
Page 4
ARTICLE 9, PAYMENTS AND COMPLETION
9.3.1.1 Add the following sentence to clause 9.3.1.1:
9..4.1
9.6
9.7.1
9.8.4
9.8..5
Work performed and materials supplied under a Change Order may be included
for payment only after.the Change Order has-been approved by all appropriate
parties, including the Agency.
Replace the word "seven" with the word Uten (10)n in the first
sentence; and add the words, Uusing AlA Documents 7021 -Application
and Certificate for Payment. or Form RD 1924-18, lpartial P~yment
Estimate'," after HCertificate for paymentn in Subparagraph 9..4.1..
Add the fOllowing subparagraph to paragraph 9.6:
9.6.8 No progress payments will be made that deplete the retainage, nor
place in escrow any funds that are required for retainage, nor invest the
retainage for the benefit of the Contractor~
Replace the word rlseven" with the word Itten (10)" in the first
sentence, secQnd and third lines.of subparagraph 9.7.1.
Add the words ", in collaboration with the Agency Architect or
Engineer I 11 aft-er "prepareu in the first sentence of subparagraph
9.8.4..
Delete subparagraph 9.8.5 and substitute the following:
9.8.5 When the Work has been substantially completed, except for the Work
which cannot be completed because of weather condi~ions, lack of> materials
or other reasons, which, in the judgment of the Owner, are valid reasons for
non-completion, the Owner may make additional payments, retaining at all
times an amount sufficient to cover the estimated cost of the Work still to
be. completed.
RD Instruction 1942-A
Guide 27
Attachment 4
Page 5
9.9..1
Delete subparagraph 9.9.1 and substitute the following:
9.9.1 The Contractor agrees to the use and occupancy of a portion or unit
of the Project before formal acceptance by the Owner under the following
conditions:
9.9.1.1 A Certificate of Substantial Completion shall be prepared and
executed as provided in subparagraph 9.8.4, except that when, in the opinion
of the Architect, the Contractor is chargeable with unwarranted delay in
completing the Work or the Contract requirements, the signature of the
Contractor will not be required. The Certificate of Substantial Completion
shall be accompanied by copies of Contractor's insurance policies, written
endorsements of the Contractor's insurance carrier, and the surety
permitting occupancy by the Owner during the remaining period of the Project
Work. Occupancy and use by the Owner shall not commence until authorized by
public authorities having jurisdiction over the Work.
9.9.1.2 Occupancy by the Owner shall not be construed by the Contractor as
being an acceptance of that part of the Project to be occupied.
9.9.1.3 the Contractor shall not be held responsible for any damage to the
occupied part of the Project resulting from the Ow~er's occupancy.-
9.9.1.4 Occupancy by the Owner shall not be deemed to constitute a waiver
of existing' claims in behalf of the Owner or Contractor against each other.
9.9.1.5 If the Project consists of more.than one building, and one of the
buildings is to be occupied, the Owner, prior to occupancy of that building,
shall secure permanent property insurance on the building to be occupied and
necessary permits which may be required for use and occupancy.
9.9.2
Delete subparagraph 9.9.2 and substitute the following:
9.9.2 With the exception of clause 9.9.1.5, use and occupancy by the Owner
prior to .project acceptance does not relieve the Contractor of the
responsibility to maintain all insurance and bonds required of the Contractor
under the Contract Documents until the Project is completed and accepted by
the Owner.
9.9.3
Delete subparagraph 9.9.3.
( 08 - 26 - 98 ) - PN 2 96
RD Instruction 1942~A
Guide 27
Attacrunent 4
Page 6
9,10.2 Delete the second and third sentences of subparagraph 9610.2.
ARTICLE 11~ INSURANCE AND BONDS
11.1..2 Replace the words "the Contract Doc1,J.1Ilents" with the words
"subparagraph 11.1.4 of the Attachment to the Federal Supplementary
Conditions of the Contract for Con$truction" in the first sentence of
subparagraph 11.1.2.
11..4.2 Replace the word IIOwner" with TTContractorU in the first sentence of
subparagraph 11.4.2.
11.4.3 Delete the last sentence in subparagraph 11.4.3.
11.4.5 Delete subparagraph 1164.5.
11.4.7 Delete subparagraph 11.4.7.
11.5.1 Delete subparagraph 11.5.1 and substitute the following:
11.5.1 The Contractor shall furnish the Owner Bonds covering faithful
performance of the Contract and payment of obligations arising thereunder
within ten (10) calendar days after receipt of the Notice of Award. The
surety company executing the Bonds must hold a certificate of authority as
an acceptable surety on Federal Bonds as listed in Treasury Circular 570, as
amended, and be authorized to transact business in the State where the
Project is located. The Bonds (using the forms included in. the Bidding
Documents) shall eac~ be equal to the amount of the Contract Sum. The cost
of these Bonds shall be included in the Contract Sum.
11.5.1.1 The Contractor shall require the attorney~in-fact who executes the
required Bonds on behalf of the sur~ty to affix thereto a certified and
current power of attorney.
11.5.1..2 If at any time a surety on any such Bond is declared bankrupt or
loses its right to do business in the State in which the Work is to be
performed or is removed from the list of surety companies accepted on
Federal Bonds, the Contractor shall within ten (10) calendar days after
notice from the Owner to do so, subatitute an acceptable Bon~ in such form
and sum and signed by such other surety or sureties as may be satisfactory
to the Owner. The premiums of such Bond shall be paid by the Contractor.
No further payment shall be deemed due nor shall be made until the new
surety or sureties shall have furnished an acceptable Bond to the Owner.
RD Instruction 1942-A
Guide 27
Attachment 4
Page 7
ARTICLE 13, MISCELLANEOUS PROVISIONS
13..5
Add the following subparagraph to Paragraph 13.5:
13.5.7 The Contractor shall reimburse the Owner for services provided by
the Architect in connection with evaluating substitutions proposed by the
Contractor and making "subsequent re~isions to Drawings, Specifications and
other documentation resulting there from.
13 Add the following paragraphs to article 13:
13..8 EQUAL OPPORTUNITY REQUIREMENTS
Non-discrimination in Employment by Federally Assisted Construction
Contractors, by Executive Order 11246.
13.8.1 This section summarizes Executive Order 11246, as amended, which
prohibits employment discrimination and requires employers holding non-
exempt Federal contracts and subcontracts and federally-assisted
construction contracts and subcontr~cts in excess of $10/000 to take
affirmative acti~n to ensure equal employment opportunity without regard to
race, color, religion, sex, or national origin. The Executive Order
requires, as a condition for the approval of any federally assisted
construction contract, that the applicant incorporate nondiscrimination and
affirmative action clauses into its non-exempt federally assisted
construction contracts.
13.8.2 Executive Order 11246, as amended! is administered and enforced by
the Office of Federal Contract Compliance Programs (OFCCP), an agency in the
U.S. Department of Labor's Employment Standards Administration. OFCCP has
issued regulations at 41 C.F.R. chapter 60 implementing the Executive Order.
The regulations at 41 C.F.R. part 60-4 establish the procedures which the
Agency, as an administering agency, must follow when making grants,
contracts, loansl insurance or guarantees involving federally assisted
construction which is not exempt from the requirements of Executive Order
11246. The regulations which apply to Federal or federally assisted
constructibn contractors also are published at 41 C.F.R. part 60-4.
(08-26-98) PN 296
RD Instruction 1942-A
Guide 27
Attachment 4
Page 8
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13.8.3 OFeep has established numerical goals for minority and female
utilization in construction work. The goals are expressed in percentage
terms for the contractorls aggregate workforce in each trade. OFCCP has set
goals for minority utilization based on the percentage of minorities in the
civilian labor force in the relevant area. There is a single nationwide
goal of 6.9 percent for utilization of women. The goals apply to all
construction work .in the covered geographic area, whether or not it is
federal, federally assisted or non-federal. A notice advises bidders of the
applicable goals for the area where the project is to be located.
13.8.4 Application. This section applies to all of a construction
contractor's or subcontractor's empLoyees who are engaged in on-site
construction including those construction employees who work on. a non-
Federal Or non-Federally assisted construction site.
13.8.4.1 Agency officials will notify the appropriate Regional Director of
OFCCP that an Agency financed construction contract has been awarded, and
that the equal opportunity clauses are included in the contract documents.
13.8.4.2 The Regional Director, OFCCP-DOL, will enforce the non-
discrimination requirements of Executive Order 11246.
13.8.6 The prospective contractor or subcontractor must submit
Form RD 400-6, "Compliance Statement," to the applicant and an Agency
official ~s part of the-bid package, prior to any contract bid negotiations
and comply with the Executive Order 11246 as stated in the contract
documents.
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13.8.5 The prospective contractor or subcontractor must comply with t'he
Immigration Reform and Control Act af 1986 by completing and -retaining Form
1-9, "Employment Eligibility Verifiaation,U for employees hired. This form
is available from the Immigration and Naturalization Service, and Dep~rtment
of Justice.
13.9 STATUTES
13.9.1 The contractor and each subcontractor shall comply wit~ the
following statutes (and the regulations issued pursuant thereto, which are
incorporated herein by reference):
13.9.1.1 Clean Air Act (42 U.3.C. 7414), section 114, and the Water
Pollution Control Act (33 U.S.C. 1813), section 30B. Under Executive Order
11738' and Environmental Protection Agency (EPA) regulation's 40 C.F.R. part
15, all Contracts in excess of $100,000 are required to comply with these,
Acts. The Acts require the Contractor to:
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Guide 27
Attachment 4
Page 9
13.9.1.1.1 Notify the Owner of the receipt of any communication from EPA
indicating that a facility to be utilized in the performance of the Contract
is under consideration to be listed on the EPA list of Violating Facilities,
13.9.1.1.2 Certify that any facility to be utilized in the performance of
any nonexempt contractor or subcont~actor is not listed on the EPA list of
Violating Facilities as of the date of the Contract Award~
13.9.1.1.3 Include or cause to be included the above criteria and
requirements of clauses 13.9.1.1.1 and 13.9.1.1.2 in every nonexempt
Subcontract, and that the Contractor 'will take such actions as the Agency
may direct ,as a means of ~nforcing such provisions.
13.9.1.2 R~strictions on Lobbying (Public Law 101-121, section 319) as
supplemented by Department of Agriculture regulations (7 C.F.R. part 3018).
This Law applies to the recipients of. contracts and subcontracts that exceed
$100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal
grant that exceeds $1.00,000. If applicable, the Contractor must complete a
certification form on lobbying activities related to a specific Federal loan
or grant that is a funding source for this Contract. The certification and
disclosure-."forms shall be 'prov"ided' by the Owner.
13.9~1.3 Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 C.F.R. part 3'). This Act provides "that
each Contractor shall be prohibited from inducing, by any means, any person
in connection with the construction to give up any part of the compensation
to which the person is otherwise entitled.
13.10 RECORDS
13.10.1 If the Contract is based on a negotiated Bid, the Ownerl the United
States Department of Agriculturel the Comptroller General of the United
States, or any of " their duly authorized representatives, shall have access
to any books, documents, papers, and records of the Contractor which are
directly pertinent to a specific Fe~eral loan program for the purpose of
rnaki~g audit, examination, excerpts, and trans~riptions. The Contractor
shall maintain records for at least thre~ years after the Owner makes final
payment and all other pending matters are closed.
(08-26-98 )
PN 296
RD Instruction 1942-A
Guide 27
Attachment 4
Page 10
13.11 ENVIRONM~NTAL REQUIREMENTS
13.11.1 Mitigation Measures ~ The contractor shall comply with applicable
mitigation measures established in the environmental assessment for the
project 4 These. may be obtained fram the Agency representative.
13.11.2 Endangered Species - The Contractor shall comply with the
Endangered Species Act. Should any evidence of the presence of endangered
or threatened species or their critical habitat be brought to the attention
of the Contractor, the Contractor will immediately report this evidence to
the Architect and the Agency repres€ntative. Construction shall be
temporarily halted pending the notification process and further directions
issued by the Agency after consultation with the U.S. Fish and 'Wildlife
Service.
j .
l-
i
~
j
i.
13.11.3 The Contractor, when constructing a Project involving trenching,
~xcavating, or other earth moving activity, shall comply with the following
environmental constraints:
13.11.3.1 Historic Preservation.- Any excavation or other earth moving
- activity by the Contractor that uncovers a historical or archaeological
artifact shall be immediately reported to the Architect and the Agency
representative. Construction shall be temporarily halted pending the
notification process and further directions issued by the Agency after
consulta~ion with the State Historic Preservation Officer or other
appropriate historic preservation official.
13~11.3.2 Human Remains and Cultural Items - Any excavation or other earth
moving activity by the Contractor that uncovers human remains or cultural
items shall be immediately reported to the Architect and the Agency
representative. Construction shall be temporarily halted pending the
notification process and further directions issued by the Agency after
consultation with the appropriate authorities.
13.11.3.3 Paleontology - .Any excavation or other earth moving activity by
the Contractor that uncovers a fossil or other paleontological materials
that may have scientific significance shall be immediately reported to the
Architect and the Agency. representative. Construction shall be temporarily
halted pending the notification process and further directions issued by the
Agency after consultation with appropriate authorities.
~
RD Instruction 1942-A
Guide 27
Attachment 4
Page 11
13.11.3.4 Wetlands - The Contractor,. when disposing of excess, spoil, or
other construction materials on public or private property, will not fill in
wetlands.
13.11.3.5 Floodplains - The Contractor, when disposing of excess, spotl, or
other construction materials on public or private property, will not fill in
lOO-year floodplain areas delineated.on the latest Federal Emergency
Management Administration floodplain maps.
13.11.4 Lead-Based Paint - The Contractor and Owner shall comply with
applicable Agency requirements of the. Lead-Based Paint Poisoning Prevention
Act, as amended (42 U.S.C. 4821 et seq.), and the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) for
rehabilitation work on residential proper~y built prior to 1978.
13.12 DEBARMENT AND SUSPENSION
13.12.~ The Contractor shall comply with the requirements of 7 C.F.R. part
3017, which pertains to the debarment or suspension of a person from
participating .in a Federal program or activity.
000
(08-2 6~98), PN 296
J
I-
I
1
.AIA DocumentA201/SC™-1999
':.;,iii,,:i~'!!r,'r!iji'J.;Hlili'r~!al Supplementary Conditions of the Contract for Construction
. ..'::;.'.i'j;~.'...:'i: !iIimJ.t~lr~~li~f:~:;~~~:o~o;; ~ress )
-' . .. " ,;, CCAAiuSDA Manufacturing Building
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\if*;i!t~r~l
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~;;.~;s:;~
- .5;~.ttA~i~~)1{#5~1jl}8"': :1~C1iMiiatiiJn to Section 1.5 Execution Conttact Documents
,; t'~:;'G)tt~.r?<~?%r ,dif "~~YjSflEa. :~). .'
:~:,h~~jt~Y?~~'~~ ~ ,.,';' OOIll~9B{} to SectIon 3.8, Allowances
;~:';:Fif~;E~~~?~~ S~~~,,~~~~~~ to Secti~<~,.2, Award of Subcontracts and Other Contracts
,~'/).y: --, '<'_~i>~.(~\~g~~~f?i:f~s oft9~]W~~~V'
:X:::'; .':W;7: M ::....iN'rbi:i~fieat~on t~~~!~l 0.2, Safety of Pers~ns .~d Property
15.9 . 'H'~:";~ppr~iitices and Trainees
"... ., .....~?:.1.9,....._.H~ompliance With Copeland Act Requirements
. · '..~!: ..: ;:.... ..:;'.:::.:.)!~.i~i!\T!li!;.!;ll;~i!:iil;~!:~~~E~~i:~~~;1~;~~;~~elatoo ~ct Requirements
. .;. ..':. " .:....:..::.;t5.r5:~... :"Certification of Eligibility
15.16 Contract Work Hours and Safety Standards Act
In it.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
camp reti on. Th e author may also
have revised the text of the original
AlA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text Is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA text.
This document has important legal
consequences. Consultatiqn with an
attorney is encouraged with respect
to its completion or modification.
This document should be used only
'Nith the AlA DocumentA201-1997,
General Conditions of the Contract
for construction. Do not use with
other general conditions unless this
document is modified.
AlA Document A201/SC"'" - 1999. Copyright @ 1977 and i 999 by The Amencan Institute of Architects. All rights reserved. WARMING: This AfA~
Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrlbution of this AJA",; Document. or any
portion of it~ may result in severe civil and criminal pena{ties~ and wHl be prosecuted to the maximum extent possible under the law. This document
was produced by AlA software at 08:57:52 on 03/27/20Q9 under Order No.100tl378176_1 which expires on 11/11/2009, and is not (or resare.
User Notes; {3641523392)
1
MODIFICATIONS TO THE GENERAL CONDITIONS
,;;j;:i~.Tif"n",:f':;':,:~f.tJ~t1i~e~o~~a~~~~~~:~s s::::i~e~~~~~~g~wner and Contractor. If either the Owner or the Contractor
. '.:;: ::" . ~ .:: . '; 'oK9,9t~;'d.t) not sign all the Contract Documents, the Architect will identify such unsigned Documents. Such unsigned
c.. .. .... . ...w .w,._~,.',. ,...;1;, ..'~ ,
. .. :'.: :'~~DocUhi-c~rtts shall be enumerated in the Owner..Contractor Agreement.
.~.l~~::~1.~i.~Fbelete Section 3.8.1 and substitute the following:
<:::~~3j([:~' The Contractor shall include in the Contract Sum all amowances stated in the Contract Documents..Items
:::.:::'::"'~~:::::r::"i98~ered by these allo"Yi~.upes shall be supplied for such amouuts as the Owner may direct and by such persons as the
.... :;;-;.. ~ " ',~
, ::\:~>;".~ :~,:~::,y~::::) t~~
~.:_>~ ~~:'-"':..J-:-~~t.~
~.~..: ~ -::... ::....:.~l::.j
:~:}~PB:~~ ." n' - 0"" - ~,
. -. . .:. ,..,.':t:~~:'.'"';':,~.::'.,:x',~_:::.,..: ':"":",,.,:"'~~.:~,:'~',.::..~..,~;.,,'. "";~;":"':<':"~:'-'>'.~' .,:..;.:.:t.-o.,:':.....'...~~:.;,..".<..,.:...~..~ .....:.....',~....,:...~~~:.:...;
M~~1~ ~::: ~;
~.~ ~ ~".~:~ .:~>
:<:;':. '^'';{:~ >~;
'~ .~~.: ~-: y; :~.,~ ~ ~
:j'~/Dtili~c:mt~9f'~ren,~@:ajg~WP:)I'or component, the Contractor shall comply with all pertinent provisions of the latest
:{'''I\iotice~f~E!l~1~Vilt?ifg ~Go~&i:"6r or the Contractor's representative at the site, shall be deemed sufficient
..:, .:.i;t~~~lB~rm;~];I~&:~~1Thn~.an~,!h~t corrective action is required. After receiving the notice, the Contractor ~all .
;;~ht~~t}.~l:y'^ ~co'hectiv~AlI,~l:mJ;~,e Contractor fails or refuses to take corrective action, the Owner may issue
:'>';. p O~~t' s facili tythaf;l!~~l'~~~ce of technical representatives, involves hazardous materials or operations that
::\,',::i!'Jright e~pJ~~1~~.,~afetfofllie public or Owner's personned or property, before commencing the Work the
,::~:['0:mm~tract~fsf~~~~~~~~~.written propos~d plan for implementing Section 10.2.8 - 10.2.11. The plan shall include an
'>, ""'~a.t@~~rstnf the significant hazards to life, limb and property inherent in Work performance and a plan
for controlling these hazards; and
. . . '...:::'.. ....' ::<:;,,:,..c:;g;;';:Myet with representatives of the Owner to discuss and develop a mutual understanding relative to
. .' '.:: ':;;i'(;/':~~ :.:.;} :.lm;;F.Ht:..l;;.~~rinistrati on of th e overall safety program.
L .... .. . ..,:-j.~'.1fit~~~~~if?~lowing Section 11.1.4 to 11.1:
- . ~ ... ~.' ~ .:..-::0 ,..
AlA Document A201/SCTM -1999. Copyright@ 1977 and 1999 by The Ametican Institute of Architects. All rights reserved. WARNING: This AfA~
Document is protected by u.s.. Copyright law and Internationat Treaties.. Unauthorized reproduction or distribution of this AlA~ Document, or any
portion Of it, may resullin severe ci\lH and crIminal penallies, and wIll he1prosecuted to the maximum extent possible under the law..This document
was produced by AlA software at 08:57:52 on 03/27/2009 under Order No.10a037B176_1 which expIres on 11/11/2009, and is not for resale.
Use r Notes: (36 415233 9 2)
2
Init..'
~ 11.1.4.1 The limits for worker's compensation and Employers' Liability insurance shall meet statutory limits
___.m&!-,~~~g,by State and Federal Laws. If (1) limits in excess of those required. by statute are to be provided or (2) the
q: ;;i-;: J~~J9J!:~f!is not statutorily bound to obtain such insurance coverage or (3) addition al coverages are required,
-__ - , _: ::: :~~~~~ii:ii coverages and limits for such insurance shall be as follows: -
"'..' ,':. ,~". ~.:'~',<, :~, (a) State: Statutory
(b) Applicable Federal:
(e.g., Longshoremen's)
Statutory
. .0 .. _
:)-r,]rfi,;i~I['fj:\~1-;tj;-;i:,~,~f!~t ( c) it~ployej~~fability: $100,000 per Accident, at least.
,", ~; :.:.' .~. .:~:.: : q,::~~~r~~;~'.~t.: . : ~ ;';:;;;:. ;.::.,.
., . . '.~ , ..".^, .:~;;f,~';::;~~}hGt
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-.. ..
. -.. ---"
......-
-_...'.. -
. 0
:iJEi~t~~t~1_1~:4Wm:e Gen~t3!b:illbiiliy-Coverages are provided. bya Commercial Liability policy, the:
_ ___:;:i:~,11,.-1~:1~~)~:a.JI:e:'f'Posure exists, Aircraft Liability (owned and non-owned) and Watercraft Liability (owned and non-
:::-:~~~4]::~lm_MTt,ts approved by the Owner shall be provided,
. -. ,. . .-,-...... '.'
. __::~11di1;!TI~jR?'ntractor shall carry insurance in addition to that specifically named above as follows:
, .
- ., . ....J
Coverage
Amouf1t ($ 0.00)
~ 11.4 Section 11.4.1.1 Property Insurance, shall be modified as described below.
Inif..
AlA Document A201/SC™ -1999. Copyright @ 1977 and 1999 by The American Institute of Architects. AJI rights resetved. WARNING: This AlA!!;
Document is protected by U.S. Copyright law and International Treaties."Unauthorized reproduction or distribution of this A1A~ Document~ or any
portion of H$ may result in severe civil and criminal penalties, and wHf be prosecuted to the maximum extent possible under the law. This document
was produced by AlA software at 08:57~52 an 03/27/2009 under Order No.1000378176_i which expires on 11/11/20091 and is not for resale.
User Notes: (3641523392)
3
(Indicate either Option A (Owner carries) or Option B (Contractor carries)" Fill in the blanks in Option A only if
.., ::::~'+~BA,iM!Jf selected option.)
...........!i.\:+!rml:,m[!f~I~~IAdd the following sentence to Section 11.4.1.3:
H':< T' .::.!:r:;}iT;~I!~1~~:::~:S:~::;~lso:::: with a deductible of
per occurrence with a deductible aggregate of
.~::."- j ~;.-.~<..~
:.-~- ~ l-~~ ~ -8~~
,.~> ~:~~~~i-'=~
, ..j: i '_~'..;". ~~
~.~ ~ ~-~ ~;~~~f
~ -:: ~-~-"{~.~
.',,; :.""~",,,,'St11Daata,1i1orw12li. llli~~oun t equal to
~~f~ost s~ltt!:Pl~ ~!~iD,~~liW:loselD.tend~, unless otherWise specifically proVlded m thIS Contract. References
,: ':' H m \W!tfJSpeclfi~at1Ons'lq~w~m~~t~"lIlatef1al, articles or patentoo processes by trade name, make or catalog number
';',!::;:it:$hall be,~~~~i::t~;~~;,estaDlis:miig a standard of quality and shallI not be construed as limiting competition. The
.:;>+j{'f1gntract~;:W#y,i~#fIJm:pption, use an y equipment, material, article, or process that, in the judgment of the Owner, is
~/.~~n<:~q:qfll to th~t~h~~J1j~~Arr;~e Specifications, unless otherwise specifically provided in this Contract.
.., :": :'.i.~":.::':~.: -'~ .p'~::~~:;:; ...~-~~~..;~:;_~..:~ :~_; :.J
~: ~- ~:.<-.Z';~/~f:.:~;.~,:.._~."
~ 15.1.,2 The Contractor shall obtain the Owner's approval of the machinery and mechanical and other equipment to
".>:~~tW:;9fJ,'>.9fNt:4j.nto the Work. When requesting approval, the' Contractor shall furnish to the Owner the name of the
.. ,. '" . ..,:'::::ti}~Jifi~twii:#ii~ model number and other information conceming the performance, capacity, nature and rating of
.....:::::,:.;:<:,:>!:j,!!.;;...:\j!j\;~~I~~f~~I~I~~~a:~~a~n ~~ ~~ei~~;:~~~::~~:~~alb~r ~~i~:~~:c~~~~:~:~t~ c~~t~:;:~~s
u";:"""" ';:':mg;Q~pdhtii<<g;:i4ip the Work. When requesting approval, the Contractor shall provide full information concerning the
material or articles. When directed to do SO~ the Contractor sha.ll submit samples for approval at the Contractor's
expense, with all shipping charges prepaid. Machinery, equipIhent, material and articles that do not have the
required approval shall be installed or used at the risk of subSl.lquent rejection.
I nit.
AlA Document A2011SC™ -199~t Copyright@ 1977 and 1999 by The Ameri~n rnstilute of Architects. AU rights reserved. WARNING: This AJA~
Document is protected by U.S. Copyright Law and International Treaties. utlauthorized reproduction or distribution ofthfS A~A* Document) or any
portion of if) may result in severe civil and criminal penallies1 and wHl be ptoseculed to the maximum extent possible under the law. This documenl
was produced by AlA software at 08:57:52 on 03/27/2009 under Order No.l000:i:78176_1 which expires on 11111/20091 and is not for resale.
User Notes: (3641523392)
4
,.
~ 15.2 FEDERAL INSPECTION
,.,.",' "., ,,;. ":.. ",,,,.,,~,l~,,~;.,1JFe authorized representatives and agents of the Fedtral Government shall, at all reasonable times, have
. :;:L:}t::'~!t~,r:~..r!..n;~.::::rt~i~)t~~~~n~q:tthe premises where any of the Work is located.
"~'i.<' :"n,:.:. ""f;;~~'~~~f~fi~e Contractor shall make available records, which include books, documents, accounting procedures and
and other data, regardless of type and regardless of whether such items are in written form, in the form of
data or in any other form, and other supporting evidence to satisfy contract negotiation, administration and
of the contracting agencies and the Comptroller General for three years after final payment or as
below, whicq~yer period expires first.
.1 .XrLAccouI:f:~\~~eivable invoices, adjustments to the accounts, invoice registers, carrier freight bills,
~:j\::'~!~~p.ipp~gt~ers and other documents which dd:tail the materials or services billed on the related
:,f::.n~@4 voi9~~.F~~tain four years.
.~~lFtfl:lWat~Bt1\!:1j~6rk order or service order files, consisting of purchas e requisitions or purchase orders for
01 1'0-. . Purcha~"~..g!~er files for supplies, equipment, materials or services used in the performance of the
';!;ib~oJ!;~q;~~f~~~~jng documentation and backup files including, but not limited to, invoices and
,::;:~ :-;':L.~::::i,..
-;; ~.~-,::-..:.:~'.>~ :~:j.~
:.:~ ~;-:~.. ;.~..>.:~ ~'j.~:~~ .
.1 a longer retention period is specified in the Contract~ or
;ill~;~IIIIII~~~~~~~s
..", . .:~~:t5l'3AjA~bSA~iD RIGHTS-OF-WAY
~ 15.3.1 Prior to the start of construction, the O\Vl1er shall obtnin all1ands and rights-of-way necessary for the
execution and completion of Work to be performed under this Contract and shall deliver such Owner-furnished
property and any other Owner-furnished property described in the Contract Documents to the Contractor, fOf use in
connection with and under the terms of this Contract, together with any related data and information that the
AlA Document A201/SCTld - 1999. Copyright @ 1977 and 1999 by The American Institute o' Architects. All rights reserved. \^I ARNJNG: This AlA!!!
Document is protected by U.S. Copyright law and rnternatjonal Treatie-g~ Unauthorized reproduction or distribution of this /JJA'b Documentl or any
portion of H~ may result in severe civil and criminaf penaJties, and will be prosecuted to the maximum extent possible under the law.. This document
was produced by AlA software at 08:57:52 on 03/27/2009 under Order NO.1 000378176_1 which expires on 11/11/2009, and is not for resale.
User Notes: (3641523392)
I n it.
5
~
Contractor may request and is reasonably required for the in~nded use of the property (hereinafter referred to as
_ :~~;',q~_~~~rPmished propertylt).
:-,~(~r~1?'.~~~::;mhe delivery or performance dates for this Contract are based upon the expectation that Owner-furnished
;:--~iirdpen~(suitable for use (except for property furnished uas isH) will be delivered to the Contractor at the times stated
>.dR:'m~;S:ontract Documents or, if not so stated, in sufficient time to enable the Contractor to meet the Contract's
. ,:\[O!;f.: ir!::ttr':ltj;;.~~lm~ty or performance dates.
~* ~~1~if1i!;f: <!~11lin,~1i~~th,period (including the 12 months preceding the award of this Contract), the
p' .,., p... ..... '...
i~~onspr~!41j?J'iftes available to employees and applicants for employment the notices to be
provjde~:t,gY,the Owner that explain this Section 15.4.
.4 ;:;!;~in ~~~<~g,~I'~1~l or adv~rtisem~nts for ~mpl~yees placed by or on ~ehalf of the Contractor, state that
'~.,;,l}~':all q1l~gf1:J,{f~PR!~qll.nts wIll receive consIderatIon for employment WIthout regard to racet color,
religi6tl~~~f\g;t~bnal origin. .
~;,:.~.~~~:,::~~.:g'~;~~~~u:1~-, to eaeif\la15Or union or representative of workers with which it has a collective bargaining
~g);W:.)W~gr.~rnent or other contract or understanding, the notice to be provided by the Owner advising the
\.)i~r~[~rlij~t~Jp~ton or workers~ representative of the Contractor's commitments under this Section 15.4, and
.::;.~~Ip9$'~~~~&pl~s of the notice in conspicuous placeJS available to employees and applicants for
employment.
.... .._ __ :::~>~~:.~:.:~:P9.fJlply with Executive Order 11246, as amended, and the rules, regulations and orders of the
:. ,., . '.' :.:::.~G;~~cretary of Labor.
. i:. ':. i .i!"l! l..~'j1:::~..::.. "Lj;:Il,:~i~~;.;'"I'~~~~:;ul~~~::~ ~~~;~r~~~~~~~~~::l C~~~~~::n::F~;;4f~s(~~~~:n~ :;u:c:ssor
-.:--.': ~:~:,:_.~ ~.~<:.::.::..;:>: ;.i<:fQ'frn, in the prescribed form to be filed within 30 days following the award~ unless filed within 12
months preceding the date of award.
.8 permit access to its books) records and aCCQuu.ts by the Owner or the Office of Federal Contract
Compliance Programs (OFCCP) for the purpq>ses of investigation to ascertain the Contractor's
compliance Vvith the applicable rules, regulations and orders.
; . ~ -:::: :. :~.:. :'. ~'.:_~
. ~ ' '; ~ ~. ; ~:'-.--:- :
"." . 'J . ~ :.""..-"L
.. ". / 10.. ~. .:-- + '.
i~:. :? ?i~i~::~:'
."~ ~~<U~1:
~Iil;
. .;':.~:.-;.~~~.~ ~-:-
Init.
AlA Document A201/SCTM -1999. Copyright @ 1977 and 1999 by The Ametican Institute of Architects. All rights reserved. WARNING: This AlA4$.
Document is protected by U,S. Copyright Law and Jnternational Treaties.; Unauthorized reproduction or distribution of this AJ.A~' DocumentJ or any
por1ion of it, may result in severe civil and crirnina1 penalties, and wilf be1prosecuted to the maximum extent possible under the law. This document
was produced by AlA software at 08:57:52 on 03/27/2009 under Order No.1 0<10378176_1 which expires on 11/11/20091 and is not for resale.
User Notes: (3641523392)
6
.9 include the terms and conditions of Sections 15.4.2 and 15.4.3 in every subcontract or purchase order
that is not exempted by the rules, regulations or orders of the Secretary of Labor issued under
Executive Order 11246, as amended, so that these terms and conditions will be binding upon each
Subcontractor or vendor.
take such action \Vith respect to any subcontract or purchase order as the OV/tler may direct as a
means of enforcing this Section 15.4, includi$g sanctions for noncompliance; provided that if the
Contractor becomes involved in, or is threatened with} litigation with a Subcontractor or vendor as a
result of any direction, the Contractor may request the United States to enter into litigation to protect
.",,,_ the inte~~t of the United States.
_,.. _.. __.. -.:-:~_;.~:>:>'7_~~~:'~ :':, ::::.~:.!;~.~':"'j
. ~ ~ -_:. : .:.', ". .'. n, . . . "., _. .n
-:-T: -,;:-:~\.1I~.4.3 If ~~::'~fCC~~~t~f.mines that the Contractor is not in compliance with Sections 15.4 or any rule, regulation
. "'. ". '.H'BF:order OfJi!\~j~ecre~Yt~Labor, this Contract may be canceled, terminated or suspended in whole or in part and
::'~I~tB~:.~ontr~~t~t4may :~:~~~9.lilIed ineligible for further Government contracts., under the procedures authorized in
~~~ :~==~~~~
~jr4~~~We~~~pra,ft,'Jubcontracts excee9ing $10,000 which are not exempt from t~ provisions of Section .
;\.JWI~~V~B~U~~s'f:and that it does not and will not permit its employees to perform their services at any
.[11)1~!ri~llll'll'~;iitiitf~~~;:;~~:E::=;::J~~i~~~! :~~~b~~~C~~~~d id~tiCal
,'n~~pp.q~~.q9,rH!~{rJt~.proposed SqV>>Q~~'\:!ii!~tors before the awatd of snbcontracts under which the subcontractor w1l1 be
j =~==~~~=
;~i~>~;::~~H~~Ile~~mQ;_rt~IS.p~ii'VE~S~1!~~~~N],RA.CTORS OF REQUIRIMENT FOR CERTIFICATIONS OF NONSEGREGATED
'iii;~111'~~~;'~; ~f,,~;'~J~;';;~cilities must be ~ubrnitted before ~e aw~d of a subcontr~ct un~er which the
Sub.Eontradob"W1mij~~~g~~!?~~~e Equal Opportumty clause. The ceruficatlon may be subITIltted either for each
su~~~tract or for a:rH~~~~~~~!~auring a period (i.e., quarterly, semi-annually, or ann.ually)."
':;t~nji'i!~I':~a~,iill~:e~~i~;~~:~:~ ~;~~~~i~~::;~ ~a~~~s~t~~~t~~~~e~~~::~o~s~:~ed by this.
:?at~t:I]
-,~',"--,...._:.~:,
~J '-'-:~.;]i"!~.~::<I:.':.
;..:; : ~~ ~ -=!J._~ ~ :~L~
.~~.;...(.-:-. ~ ~':. :"'~ '
;:~-:i~~.~?- [i~i-~ ;.'
'~:f~f~~~;~.~:;f
~~. ~,~..::~~:~
-:-:,:-::,~:n.;.
,J':'- '. -'"/ L !....
~.~-~~. ~.~'~.:~:.
:fl.~~~~l;~;~;
': ~: i~
;. : .~'.1~~6:.MJNI~<YP4}VAGES
:~:.__._,-:~~,_:,. _~. i-:~-': ':>~:~f5;6:t:'VJjl~$sY~is Contract has been administratively exempted by the Secretary of Labor or exempted by 41 use
::':,,'::}:T,::;:?;;m~pt~~#:~~~~i3E~~~d in Subpart C of 29 CFR Part 4), this Contract is subject to Sections 15.6.2 through 15.6.6 and to
::-.;;.~:;:~::;::'/\':;';~;:::':,:,:':)~~1.~9W~(:~Pp~~~q~e provisions of the Service Contract Act of 1965 and regulations of the Secretary of Labor (29
~ . ::.:.:'::,C~~:Part:.41.r.: .. ..~.
~ 15.6.2 Each service employee employed in the performanCE of this Contract by the Contractor or any Subcontractor
shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with
Init.
AlA Document A201/SC™ -1999. Copyright @ 1977 and 1999 by The Amftrican Institute of Architects. All rights reserved. WARNING: This /1JA?
Document is protected by U.S. Copyright Law and Internationar Treatiesl Unauthorized reproduction or distribution of this AJA!J.' Document. or any
portion or iI. may result in severe cl.vll and crrmfnal penalties, and win be proseculed to the maximum extent possible under the raw. This document
was produced by AlA software at 08:57:52 on 03/27/2009 under Order No.101l0378176_1 which expires on. 11/11/2009~ and is not for resale.
User Notes: (3641523392)
7
the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any
..::?,~Q;~:,~~7rmination attached to this Contract.
::><,<:-~~:,:1,~&~:~;~~~dt-a wage determination is attached to this Contract, the Contractor shall classify any class of service
- ::.iemployee; whIch is not listed therein and which is to be employed under the Contract (i.e., the Work to be performed
.. .. . . . ....,;,.Fi~h.l1Ptgrrformed by any classification listed in the wage determination) so as to provide a reasonable relationship
.:::;;}::::,(:;l:~;+:n:JW$!Jj~ppropriate level of skill comparison) between such unlisted classifications and the classifications listed in the
::-:;,;,~,;:;;~,;~<!:';'~:~:2~-f_:;':'~i"~'\::'-:;;wa'ge'~'determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe
~~Ir~ ;~ ~~~:
.,' ..',.'_ :;':'-:i::}:r::;:,' ~~j;'l~[4itIonal;~~l~,S.ifiq~:J(Q.IE@1d Rate, to the Owner no later than 30 days after the unlIsted class of employee performs
,"",,,~o; ~1itmfl; :t"}!W ag~W4~ouffJljiYifSiQn]1I1i'M'pprove, modify or disapprove the action or render a final determination in the event
-~:'.~ "~";~'~\:~"~.;~,"_,t_,,~:-~_:}: - ,~,,' +,~
. - ",,"~ .> ~i~Jt~!~~J
:;?~~W~:::.~~:
:-~.: ~: '~;:~.>~
:;~:<{~,M~the~:o~:ff~~~;q~1~~~L~t~~~&~I copy of such determmatlon or It shall be posted as a part of the wage deternunatIon.
l~li}jl~!'!MRBjJDLy;%9i~:l!:Qttli'eCa verage (mean) percentage mcrease (or decrease, where appropnate) between the wages
;~""'ili:K~n;"B,~!~'iJ~~~<PJ~I,~PuJ~si):nk~fion 15.6.3.1 need not be followed. No employee engaged in performing Work
.'1.~~~.Jfh''I~~~tf~~'iilo ~s th~ the currently applicable minimum wage specified under section (6)(a)(1) of the
-', It}: '~v'~n& S "'S~0'&1~^"{ry-' A f 19~9n"'~<', ded
;~I~~!i=?~~lk~~~::i!fC~j.,ltl: fin~IY deternUued under this Section 15.6.3 shall be paid to all
"ii~~i!t~IDjJ9ye'eS'"perlornUrt!nI.!:.Jpe Classrfication from the first day on which Work is performed by them in the
(';)i(il~['(i:~atiq!!,!;,railm:f,t~9~i~{tl\~,un1isted employees the compensation agreed upon by the interested parties or
fine~HY deteflliinedf!:?}jrm~l~~i;~? Hour Division retroactive to the date such class of employees commenced Work
c, " sh~1~pe a violation oft~o;c~~~~'tig~~f€ontract Act of 1965 and this Contract.
'i;;.:.n~i'~j:~5.6.4 f~'~~?'~oof~Th~h~~'~:::act is more than one year. the minimum monetary wages and fringe benefits required
i:;:j:;.fct{1?;e paidl6#~t~~M'!hereunder to service employees under this Contract shall be subject to adjustment after one
, - :-tydar and noFie~~;,:~q~:~~!'tlian once every two years, under wage determinations issued by the Wage and Hour
Division.
-. . . ,. '. -..... - - - . - : ~
:., <:.:.: .<'~:p: .../~:'1:~:'~~~i6~:~$.~~actor or Subcontractor may discharge the obligation to furnish fringe benefits specified in the
. ",: :.; ; '; :.: .>.: ,("a$~fjj:hep;f:i?td~t.ermined under Section 15.6.3 by furnishing equivalent combinations oibona fide fringe benefits,
....::j;;.:,:;;::'.::.:..~;'J~~}~~!m~~~J~~valent or differential cash payments, only ill accordance with Subpart D of 29 CFR Part 4,
- ,.....
~ 15.6-.6 In the absence of a minimum wage attachment for this Contract, neither the Contractor nor any
Subcontractor shall pay any person performing Work under this Contract (regardless of whether the person is a
service employee) less than the minimwn wage specified by section (6)(a)(1) of the Fair Labor Standards Act of
AlA Document A201/SC™ -1999. Copyright@ 1977 and 1999 by The AmariC:an Institute of Architects. All rights reserved. WARN1NG: This AJA~
Document is protected by U.S. Copyright Law and rnternational Treaties, Unauthorized reproduction or distribution of this AlA~ Document, or any
portfon of it} may result in severe civH and criminal penaltiesJ and wilt be rt'osecuted to the maxImum extent possible under the raw. This document
was produced by AlA software at 08:57:52 on 03/27/2009 under Order No.1000078176_1 which expires on 11/11/2009, and is not for resale.
User Notes: (3641523392)
8
Init.
1938. Nothing in this Section 15.6 shall relieve the Contractor or any Subcontractor of any other obligation under
..;;n:}t;l~m;2~;~l}tract for payment of a higher wage to any employde.
;.' _,~.-r-' . > '~::~~~:~;~~m:j~ the Contractor does not make payments to a trustee or other third persoll, the Contractor may consider as
. ,. _: : ';pMrof::the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide
" .'j' .. u;." ..~.. "y.Jl:j~1;!g~jwnefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of
:1'B!~cft..i:;:[i~:i}i:,:jr~t~:1;fll~n~:c:;~:::t:~:~~~i:~; :m:~~~a~~ ~;~:~~~~:~oFo:~~ h;:~~noro~ii~~;n~:: ~e~~r o~ay
. ~ -:: -: ':A<~~ -~-:: :": :<:'/: ~ :::~-::~( ~;',~d:~8ggr am. _,';-~_:~" .
. ."',<.:: ':';':i~'tl'~I: ~.~~~~,!~:~~I~pon its own action or upon writteh request of an authorized representative of the
,.. :''(~partmet1~~Q!~bq~:~}W~lftJ101d or cause to be withheld from the Contractor under this Contract or any other Federal
~~t~;:";~ lilt ~llllt{!i~~~~'!W"'~~~~Jt}fu1;he Contract, the Owner may, after wrltten notIce to the Contractor, take such actIon as
= .--~~-- '~~.'~:~~~~~:~.~-
~~>~.:.~~~: ~'::~:~->~'.:.:.. ~.'~..' ,,-= ~\.
::;~'~H<.:~jIef"'~- ,
::~~'.~.~.::~.:;S~~;'.I ~\-~ .~ -, -,
i':'F(~:n~c ;~m'
,.., .
.. ..
'i{~~~"l~~ou,1J'~\!!Ct;ij!Wseetion 15.6.7, that the wages of any laborer or mechanIC mclude the amount of any costs
:~1i~~~9~g{l1nM 3{lJ!,e!gf1l~~.an~!~yiding benefits under a plan or program described in section 1(b)(2)(B) of the Davis-
'.ll'~~~t~l\tl{'Y;~a1'::~~~I;~~~;o:~~~:::~~;~=~: ~.~;~~~~~~:::~iCated
'<~).!J>;wr~!Ip.g~t~~th~,:!~~Rorers or megl~X9~~ected, and records which show the costs antICIpated or the actual cost
'm~~!~~n~J~t,~ TherContract6c.shall subrillt weekly for each week ill which any Work is performed a copy of all payrolls to
";1%1i~'Jper .D~~ p~~~~{~JA~$,ed shall set out accurately and completely all of the information required to be
mail!tained'Uifaer"Sjgg;Q~~~~~~~~,@1lis information may be submitted in any form desired. Optional Form WH-347
':;:~"""h _ (F~~~ral Stock Nuni~i~~a~y~,mQ~:fgtJ014-1) is available for this purpose and may be purchased from the
'm,Jjljl"ii~i~~~:~ifllli~~:S%:~fS~o~~~;:;o~~~~n~u~:a:~:~.in~on, D.C. 20402). The Contractor is
d ':-';;~'~:5<1'"5'.8..3 Eacli~p~~.p)~t.[submitted shall be accompanied by a r1Statement of Compliance,lt signed by the Contractor or
Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract,
'.. .:; :':::;G~.tG1i~~il[~~IE:e:~~r~~~~rs~~ ~~~~~~~~~s cc~::~s:~ ~~~~~~~~on requITed to be main mined under
" ::.~'-':?,~"H.:;:fl~-:-:::;::',~'{~*iat each laborer or mechanic (including each helper; apprentice and trainee) employed on the
-. ",' . "-'::Contract during the payroll period has been pa.id the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deducti(nls as set forth in the Regulations, 29 CFR Part 3~ and
AlA Document A201/SCTM -1999. Copyright @ 1977 and 1999 by The American Institute of Architects. AJ] rights reserved. WARNING: This AJA1!o
Document is: protected by U.S~ Copyright law and rnternational Treaties.. Unauthorized reproduction or distribution of this AlArY Document) or any
portion ot it, may result in severe civil and criminal penalties, and wifl be1proseculed to the maximum extent possible under the law. This document
was produced by AlA software at 08:57:52 on 03/27/2009 under Order No.10d0378176_1 which expires on 11/i 1/2009, and is not for resale.
User Notes: (3641523392)
9
Init.
I nit.
.3
That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
bene~ts or cash equivalents for the classification of Wark performed, as specified in the applicable
wage determination incorporated in the ContraCt.
- J- .-.. . - -.- - .... . -,.'", -; - ".'. . . ,. ~ ,.
, -. - - , -" .. . J . . . ." . ..~.- .' ':--:-
: :~;~: ~ :~~.~~:~ :-:.~:'. :.:-: <-~..~'~}..~~.~
,.:........." .'.'".'".__'. _;.-n...':'""
-.. -. -..__..... -..... -.~ ..':- -:- --. -. Jo"-.
AlA Document A201/SC1M -1999. Copyright @ 1977 and 1999 by The American Institute of Architects. All rights reserved. WARNU..IG: This ArA~
Document is protected by U.S. Copyright law and rnternationat Treaties. lInauthorized reproduction or distribution of this AIA1J; Document, or any
portion of itr may result in sev~recivH and crilninal penalties, and wilt be prosecuted to the maximum extent possible under the law. This document
was produced.by AlA software "at 08:57:52 on 03/27/2009 under Q(der No.100d378176_1 which expires on 11/11/2009. and is not for resale.
User Notes: (3641523392)
10
~ 15,,9.2 Trainees. Except as provided in 29 CFR 5.16, trainees MIl not be permitted to work at less than the
.l?f~~t~r.JRined rate for the Work performed unless they are eIIlployed pursuant to and individually registered in a
" :.":" _:~:. :<_: c." .~.:-<:'>::!it~pgr~\vhich has received prior approval, evidenced by fornaal certification by the U.S. Department of Labor,
:-~~pJ?~~~nt and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater
: :>tlimi-~p_er,rrutted under the plan approved by the Employment and Training Administration. Every trainee must be paid
....: ;.; ,:.:; ... ;;;~tI.LQ.U~S than the rate specified in the approved program for the trainee's level of progress, expressed as a
;;:i:.;H:::ir:~;[:;:::'Hf:':1~~:B.~~~t3.ge of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid
: ~':r:;"-:<_:~~~-;~";-~~";::~'"~"::~::?/~~'m1\g:g benefits in accordance with the provisions of the trainee program. If the trainee program does not mention
,::,:::>':; ,.:.:..~ge benefits, trainel:f~t~pall be paid the full amount of fringe benefits listed in the wage determination unless the
. _." ."" ., " ::;[~ft:l!ftormiij'gr~qtk:~P9/~m;~tioq~*~le in excess of the ratio permitted under the registered program shall be paid not less
fll.ll~\~I~~lt'~i::a~:n d~~~~:;~:~~~~~: :~~:;~:~~~;:m~.~::~t::n~~~no longer
~tR~ L?Z:,~J;;l tg}~I,~ _I-iat less than the applicable predetermmed rate for the Work performed unul an
~~II(;ifr~ilft&rrunity
A~~~lt}tili.?;~q,~\:of.,~PP.!t~rltf~~q:~lnees and journeymen under this Contract shall be in conformity with the equal
-d~t~~1:~~~qwlatgifient that,tq~iRkQ~~i9P.S required by Section 15.11.1 have been included in the subcontract.
~~~~f;ii~tl~i"I~:i~4 ~~if~~lliilf:f any subsequ~~tly awarded subcontract, the Contractor shall deliver to the
~"~'~j7~;1~am~r~ an updated an~,:~:?~?-J~~etea SF 1413 for such addinonal subcontract.
';1f'~:~(g::1r CON~~cfii.~1lI1(~y::, DEBARMENT
_ '.' ..' . ~ 1!~'~.1 A breach of\i:1!~!lG.q~~q~]provisions contained in Sections 15.8 through 15.11, 15.13 and 15.15 through
;~[t'ii:,f!'t;i~~~~~\~tli~~~~ttrMkation of the Contract, and for debarment M acontractcr and subcontractor as
--,:: :<~~~1:5.13 COMP1l1'~N:~~~WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS
~ 15.13.1 All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5
. .' . . .. ':'::;;;::':0JUt:~Sgf~~kSl~1;:~y reference in this Contract.
....:.:i::i.'::L:.~1~1~~J~i$~Qt~s. CONCERNING LABOR STANDARDS .'
.... ':::~1,5,;~4&JjISptites concerning labor standards requirements shall be resolved in accordance with the procedures of
" ::.:tbeJ)ep'i~r:tih~rtfofLabor set forth in 29 CPR Parts 5,6 and 7 and not the dispute-resolution provisi~ns of this
Contract. Disputes within the meaning of this Section 15414.11 include disputes between the Contractor (or any of its
Subcontractors) and the Owner, the U.s. Department of Labor, or the employees or their representatives.
lnit.
AlA Document A201/SC™ -1999. Copyright @ 1977 and 1999 by The Ameritan Inst~tute of Architects. AU rights reserved. WARNING: This AJA~
Document is protect~d by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this IJAl'J Document, or any
portion of itJ may result in severe civil and crimina! penalties! and will be wosecuted to the maximum extent possible under the law. This document
was produced by AlA software at 08:57:52 on 03127/2009 under Order No.1000a78i 76~1 which expires on 11111/2009. and is not for resale.
User Noles; (3641523392)
11
.
915.15 CERTIFICATION OF ELIGIBILITY
~J5~ 1S",~ ,By entering into this Contract, the Contractor certifiets that neither the Contractor nor any person or firm
. . 'Who~~~)~n interest in the Contractor's firm is a person or flI1I1 ineligible to be awarded Government contracts by
~;~. .t::y!t~~\9~[.~ection 3(a) of the Davis-Bacon Act or 29 CFR 5. 12(a) (1).
,. ", __.. ..... oJ...... '::'.' .'....... ..
........':..."; ....-;-,._...
i'E,:,:,>::"".,";ir::,.",~~t~:~,~~No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government
:m; :!iH ~"::;1;;'~J.;);,~:':HJi!~~~~rt by virtue of section 3( a) of the Davis-Bacon Act or 29 CFR 5 .12( a)( 1).
_,. ~ - , - ",... . - .-'u"; _ . . .'-, , -;; .'.' -;-. . " . ....-:". -: '.,"_~.: .......;- :"~
~':':','T':;,',;'[E::~.j~~~.15.3 Th~,:enalty ~~~traking false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
:::;;;:~:::.~: >'~;;.:.:i.fi~\1;~.16 CON:l~CT ~~_R~l:IOURS AND SAFETY STANDARDS i'.CT
....... ''']i;i;,~~f~.16.1 S~~~~~ 15jf~'~~fJrrough 15.16.5 apply only if this Contract is subject to the Contract Work Hours and
:'," .'.' ..;::-!.:"~S:af~ty Stap@f~$_ A~~~;~~~$::;:used in this Section 15.16, the terms IIlaborersll and "mechanics" include watchmen and
,.;;,:,::]ij~'i~g :i;;::~l~tli~jii~~\ts. No Contractor or Subcontractor contracting for any part of the Work wmch may
"':~' ~~ ';:~ ::.:~,~.:.j_..,::;..".,:":_.~:,,~,,~~:~,,,.,;_.:.~_:i:.'.:.;.~.,:.:",.,:~..,;:~.."'.~.'."~;.;.;.'~::~_."~'c.>,,:.;L~...'~..u..;.;.'.~:_~.;.'. l:'a1:~lJ..'i1o]'\I'~i,t~_.;ent of laborers or mechanics (see Federal Acquisition Regulation (FAR) .22.300)
~,~I~~~"i'<'~~f~ "~~.;,''';,~'o~:w~wt ai!!:.~W laborer or mechanic in any workweek in which the individual is employed on such
~;~~;t;~~. -;i:~r:\:;~:'[ ~:~fVv:g~j~~, ,~~j)r~m[;~~~r~t:~~Q$J1ours in such workweek unless such laborer or mechanic receives compensation at a
:.,<.:;~p.cQ:~:~9nJraGt:On~.tlficl.?:$U~Qntractorsha11 be liable to the United States (in the case of Work done under contract for
:' ......; ,..' .C'...'.r;,,"i":',~ ..,.,~".y..- . .."^;"...c)i."".,J'~','.".e.:.,,..;.,,,~.,,.
;:.L.:;::~:,it!ie{~!..~l!i;~t:,9frcQ.l.~mJi.r~:~:pr~a.J~~itory, to such District or such territory) for liquidated damages. Such liquidated
~~I~~mj~titj,lJi~ldJqt';:;~\jlJi:~gpaid Wages and Liquidated Darmges. The Owner shall upon the Owner's own action
;,,~I<<i:if411~!~~ilf~~~;~~:~:!~~:;:E~~~~:~~:~:~I;';:~;i::~~::~~~
".eontta~~W::Q~~J.i.[qg~},~,d~~fetyiStah1iards Act WhICh IS held by the same Contractor, such sums as may be
'~W';~g~:R~;ionsset forth ill"~,~'?t}?n 15J 6.2 through 15.16.4 and also a provision requiring the Subcontractors to include
"~~~~;~~~dr~a~11111'~~:~ ~~;~n:a~~~ti~nID:5~ ~~::~~~~ i~~ t~~pliance by any Subcontractor
rn it.
AJ A 0 ocumen t A20 1/5 C TM - 1999. Copyrig ht @ 1977 and 1 999 by T he Am e rioan I nsti tute of Arc hitects. All rights reserved. W ARNl NG : This AlA ~
Document IS protected by U.S. Copyright law and International Treaties. tA1authoriz("d reproduction or distribution of this AtAf} Document) or any
portion of it~ may result in severe dvH and crIminal penalties. and wm be ptosecuted to the maximum extent possible under the taw. This document
was produced by AlA software at 08;57:52 on 03127/2009 under Order No, 1oooi78176_1 which expires on 11/11/2009, and is not for resale.
User Notes: (3641523392)
12
------r--
..
Additions and Deletions Report for
@ . TM
AlA. Document A201/SC -1999
.: i:W'i.ri("1~['~;;[.!~"t'1iilltl~~it:~:~~I:~~:~~e~:~:~t~f~n;~~~ t~:go:~~t:hi~ :s:I~:d :n~~:~~ r:~;~:~~e:y ~e~~: ::;::t::r adu~~~~~~om
: .,,/\~ffi,,~~!~!r;;~lf\IA text Added text is shown underlined. Deleted text is IllIdicated with a horizontal line through the original AlA text
.' _:~n~_9t~J<ili~1~ Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
-- ::.:: c:>:paifbftne associated AlA document. This Additions and Deletions Raport and its associated document were generated
. . ....: : ; _ :';_: i >, ~.: .:': .~~i,:mg !.r~neou sly b'f_A I A soft~'~f$.;. at 08 :57: 52 on 03/2712009.
.. .,., . --: ... ...'" --:-..". . .' ... .. - - ;,. . , .. .,- ~ ,.; -~.": :~:. ~
.... -.-.;" :.".: - ....=-:~.,-~-~:-:':...~.:-:..~-~'..:._~.~~~.~~:. -.<:.....~~:- . ._':~.:~.'
. - '~.' ~-_. -. . .. . _ -, ~ .,~~..:~-; ~.~; ~~..~~.~. : ::~.-~:~ r~r:~:Jt.~
: ~,~::~~.~:~:;-~.;:,
~ :: .--.. ,.-- -- - .-:: '
_ .:';:;:~~tU:~ ~lH:j~~ 1
.: ~:':-; J iii~;
:-'.:';:-:.~~ :.::
,:::.~~.~- ::~ ~
~ :;:,,:_':'~: :--: ~
~ Jo. ~ :_.: ~ ~ .... ......
~~..~ ~ ,~~:~:~-~<~:
_ . .. . :- .__' J~''''''..:'-:~ ,-
- :..: ~~;~. ::~.:~~ -
.. ... ....~ .o:i ~ ..;:.;..;1.--:-....
,:,!~j~i~
~ -.~.~i::::.a,~i{0:.~:
: _:.~.:::~ ~~~~~;~-_: ~?-~
:.~.. . ~.: '~':;~.J~1.;4~;8';~W:&i.f)t:~~~ioR 11.4.8 by substituting" CeR tractor It for 1I0\Yfler" as fiEluciary; eK-cept tHat at the first
. ,. ':':~e!~~~9~:t8;!lg};;~#"" ia the fIrst sentence, the won! "this" soould be slffi(iatl:lted for "OWHer' (in.
S 11. 4.1Q ~4odify Section 11.1.10 by substituting nContractortl fer II o VIfl er 11 each time the latter 'iTvord appears.
Additions and Deletions Report for AlA Document A201/SC™ -1999~ Copyright@ 1977 and 1999 byThe American lnstitute of Architects. All rights
reserved. \VARN.ING~ This tJA~ Document is prot.ected by U.S. Copyright'Law and lnternational Treaties. Unauthori2ed reproduction or distribution of 1
this /iJA-1J: Document} or any portion of itt may result in severe civil and criminal penalties, and win be prosecuted to the maximum extent possible
under the law~ This document was produced by AlA software at.08:57:52 on 00/2712009 under Order No.1000378176_i which expires on 11/1112009, and is
not for resale.
User Notes: (3641523392)
.
~ .
Additions and Deletions Report for AlA Document A201/SC™ - 1999. copjright@ 1977 and 1999 by The American Institute of Architects. All rights
reserved. WARNjNG~ This A1A~ Document is protected by U,S. Copydght ~aw and International Treaties. Unauthorized reproduction or distribution of 2
this AIA'h Document, or any portion of it. may resurt in severe civil and criminal p(maIHes) and win be prosecuted to the maxImum extent possible
under the Jaw. This document was produced by AlA software at 08:57:52 on O~27/20D9 under Order No. i 000378176_1 which expires on 11/11/2009; and is
not for resa!e.
User Notes: (3641523392)
.
<4
..
'..
RD Instruction 1942-A
Guide 27
Attachment 5
Page 1
ATTACHMENT TO AlA DOCUMENT A201/SC-1999, FEDERAL SUPPLEMENTARY CONDITIONS OF THE
CONTRACT FOR CONSTRUCTION
The provisions of this Attachment shall delete, modify and supplement the provisions
contained in the "FEDERAL SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTIONJf,
AlA Document A201/SC-1999 Edition. The provisions contained in this Attachment will
supersede any conflicting provisions of the AlA Document.. The term "AgencyH, as used
in this Attachment, shall mean the United St~tes of America, acting through the
United States Department of Agriculture.
ARTICLE 11/ INSURANCE AND BONDS
11.4 Paragraph 11.4, Property Insurance, shall be modified as described
in "Option B" of AlA Document A201/SC.
11.5.1 Delete the words ~on Standard Form 25" from the first sentence
Replace the fourth sentence in its entirety with "The contractor shall
furnish a Payment Bond in an amount equal to one hundred percent (100%)
of the contract sum."
ARTICLE 151 MISCELLANEOUS SUPPLEMENTARY CONDITIONS
15.4
Delete paragraph 15.4~
Delete paragraph 15..6.
Delete paragraph 15.7.
Delete paragraph 15.8.
Delete paragraph 15~9.
15.6
15.7
15.8
15.9
15..11..1 Add the words "as applicable,u after the words "through IS.16,H in
the first sentence; and add the words ", as applicableH at the end of
the last sentence of subparagraph 15.11.1..
15..12 Delete paragraph 15.12
15.13 Delete paragraph 15.13
15.14 Delete paragraph 15.14
is.IS Delete paragraph 15.15
000
(04-17-02) PN 344
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RD Instruction 1942-A
Guide 27
Attachment 5
Page 1
ATTACHMENT TO AlA DOCUMENT A201/SC~1999, FEDBRAL SUPPLEMENTARY CONDITIONS OF THE
CONTRACT FOR CONSTRUCTION
The provisions of this Attachment s~all delete, modify and supplement the provlslons
contained in the "FEDERAL SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION",
AlA Document A201/SC-1999 Edition. The provisions contained in this Attachment will
supersede any conflicting provisions of the AlA Document. The term "Agency", as used
in this Attachment, shall mean the United States of America, acting through the
United States Department of Agriculture 4
ARTICLE 11, INSURANCE AND BONDS
11.4 Paragraph 11.41 Property.Insurance, shall be modified as described
in "Option Bfr of AlA Document A201/SC.
11.5.1 Delete th~ words \\on Standard Form 25u from the first sentence
Replace the fourth sentence in its entirety with ~The contractor shall
furnish a Payment Bond in an amount equal to one hundred percent (100%)
of the contract sum."
ARTICLE 15, MISCELLANEOUS SUPPLEMENTARY CONDITIONS
15..4
Delete paragraph 15.4.
Delete paragraph 15.6.
Delete paragraph 15.7.
Delete paragraph 15.8.
Delete paragraph 15.9.
15.6
15.7
15.8
lS.9-
15.11.1 Add the words lias applicable," after the words ffthrough 15.16," in
the first sentence; and add the words ", as applicable" at the end of
the last sentence of subparagraph 15.11.1.
15.12 Delete paragraph 15 .. .12
15..13 Delete paragraph 15.13
15.14 Delete paragraph 15.14
is.IS Delete paragraph 15..15
000
(O4-17-02) PN 344