HomeMy WebLinkAboutRES.566.09-24-1990 A ; . _. . .. .._ . . ... _ .
BILL N0. 90-223 RESOLUTION N0. ��O
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO
A CONTRACT WITH GIRARDEAU CONTRACTORS FOR
CONSTRUCTION OF T-HANGAR TAXIWAY SPURS, AT THE
CAPE GIRARDEAU MUNICIPAL AIRPORT
BE IT RESOLVED BY THE COUNCIL CF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLOWS :
ARTICLE 1 . The Mayor , for and on behalf of the City of Cape
Girardeau, Missouri , is hereby authorized to enter into a contract
with Girar�eau Contractors for construction of T-hangar taxiway
spurs at the Cape Girardeau Municipal Airport . A copy of said
Contract is attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS � DAY OF �,Q���jpl(� , 19_�.
T
F ancis E. Rho es, Mayor
ATTEST:
Julie . Da
. Deputy ity Clerk
e
A
CONTRACT
FAA A.I.P PROJECT N0. 3-29-00�3-04, DIVISION A
STATE OF MISSOURI
CITY OF CAPE GIRARDEAU
THIS AGREEMENT, made and entered into this ,,����� day of �,�-�-,-����-,�r-�.- ,
19;�C by and between the City of Cape Girardeau, Missouri, Party bf the First
Part, hereinafter called the OWNER and Girardeau Contractors, Inc. , Party of the
Second Part, hereinafter called the CONTRACTOR.
WITNESSETH THAT:
WHEREAS, the OWNER has called for bids for the construction of Airport
Improvements as set out in the Specifications, Plans. and Addenda.
WHEREAS, the CONTRACTOR is the lowest and best bidder for the construction
of said improvements hereinafter set out, pursuant to the published calls for
bids under said Plans and Specifications.
NOW THEREFORE, the CONTRACTOR AGREES WITH THE OWNER to commence and
complete the construction of taxiways, and pavement marking, including site
grading, drainage, earth embankment, turfing, electrical improvements and other
tasks as designated in the Project Plans and Specifications for the prices bid
in the Proposal, based upon the estimated quantities, the total being:
$93,395•90
such sum being the agreed amount upon which bonds and liabilities are based�
and at his own cost and expense furnish all .materials, supplies, labcr,
machinery, equipment, tools, supervision, bonds, insurance� taxes, permits, and
other accessories and services necessary to complete the said construction in
accordance with the conditions and prices stated in the Proposal attached hereto
and made a part hereof, and in accordance with the General Provisions and
Specifications, and in accordance with the Plans, which include all maps, plats,
blueprints, and other drawings, and written or printed explanatory matter hereof.
The OWNER agrees to pay the CONTRACTOR in correct funds for the performance
of the Contract in accordance with the accepted Proposal therefore, subject to
additions and deductions, as provided in the Specifications, and to make payment
on account thereof as provided below:
As soon as is practicable after the first of each calendar month, the OWNER
will make partial payments to the CONTRACTOR for work performed during the
preceding calendar month, based upon the Engineer's estimate of work completed,
said esticq,ate being certified by the CONTRACTOR and accepted by the OWNER.
Except as otherwise provided by law, ten percent (lOx) of each approved estimate
shall be retained by the OWNER or his representative. Upon final complet�on and
acceptance by the OWNER and Engineer, the Engineer shall then issue a Final
Estimate of work done based upon the original contract and subsequent changes
made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this contract,
and the time of beginning, manner of progress and time of completion of the work
hereunder, shall be and are essential conditions hereof.
The CONTRACTOR agrees to commence the work within ten (10) calendar days
from the date of the issuance of the Notice to Proceed, and to proceed with the
construction of the work and to prosecute the work with an adequate force and
in a manner so as to complete the work within the time stipulated herein. If
the Contractor fails to complete the contract within the time stipulated herein,
the CONTRACTOR agrees to pay the OWNER, as liquidated damages. the sum of Six
hundred dollars per day for each calendar day of delay in completion, said
amounts being fixed and agreed upon by and between the parties hereto. Because
of the impracticability and extreme difficulty in fixing and ascertaining the
actual damages the OWNER would in such event sustain, said amounts are to be
presumed by the parties to this contract to be the amounts of damage the OWNER
would sustain. Said amounts of liquidated damages shall be deductible from any
amount due the CONTRACTOR under Final Estimate of said work, after the completion
thereof� and CONTRACTOR shall be entitled only to the Final Estimate, less such
a.mounts of liquidated damages.
If the CONTRACTOR is delayed at any time in the progress of the work by
any act or neglect of the OWNER or of his employees, or by any other CONTRACTOR
employed by the OWNER, or by changes ordered in the work, or by strikes,
lockouts, fire� unusual delay in transportation, unavoidable casualties or any
causes beyond the CONTRACTOR's control, or by delay authorized by the Engineer
pending arbitration, or by any cause which the Engineer shall decide to justify
the delay, then the time of completion may be extended for such reasonable time
as the Engineer may decide.
No such extension shall be made for delay occurring more than seven (�)
days before a claim therefore is made in writing to the Engineer. In the case
of a continuing cause of delay. only one claim is necessary.
In the event the CONTRACTOR abandons the work hereunder or fails� neglects
or refuses to continue the work after ten (10) days written notice. given the
CONTRACTOR by the OWNER or by the Engineer, then the OWNER shall have the option
of declaring this contract at an end, in which event, the OWNER shall not be
liable to the CONTRACTOR for any work theretofore performed hereunder; or
requiring the surety hereto, upon ten (10) days notice, to complete and carry
out the contract of the CONTRACTOR, and in that event, should the surety fail,
neglect or refuse to carry out said contract; said OWNER may complete the
contract at its own expense, and maintain an action against the CONTRACTOR and
the surety hereto for the actual cost of same; together with any damages or
other expense sustained or incurred by the OWNER in completing this contract
less the total amount provided for hereunder to be paid the CONTRACTOR. upon
the completion of this Contract.
,
This Contract shall be binding upon the heirs, representatives, successors,
or assigns of the parties hereto, including the surety.
,
It is hereby further agreed that any reference herein to the "Contract"
shall include all "Contract Documents" as the same are listed and described in
Section 30, Paragraph 9 of the General Provisions issued in connection with the
construction of FAA Pro�ect No. AIP 3-29-0013-04 and said "Contract Documents"
are hereby made a part of this agreement as fully as if set out at herein, and
that this contract is limited to the items in the proposal as signed by the
"Contractor" and included in the "Contract Documents".
IN WITNESS WHEREOF. the Party of the First Part and the Party of the Second
Part, respectively, have caused this agreement to be duly executed in day and
year first herein written in FIVE copies, all of which to all
intents and purposes shall be considered as the ori�inal.
SPONSOR, Party of the First Part
City of Ca Girardeau Missouri
ATTEST: BY•
Mayor
`�i/!f,, '
Secretary (Seal)
ATTEST: CONTRACTOR, Part of Second ?ar-t
�, t„r,
� ..,. . ._ . .. _ ., . a . .. . _,.._�, i'iL,.
Dep t.{ Ci+� CICrIL '
�. � � Z. L.�....I�-.__,a_t
BY: � !
AP VED AS TO FORM: , ;
� Office or Position of Signer
G ,-
� it At�ar�
CERTIFICATE OF DIRECTOR OF FINANCE
I certify that the expenditure contemplated by this document is within the
purpose of the appropriation to which it is to be charged and there is an
unencumbered balance of appropriated available funds to pay therefore.
..
� �, / -:/7l ,� � �
rector of Finance
.
. �
Bond No.: 111 3286 0534
t�ER�O�biAVCE, LABOR AIvD :�SP.T.�'+RIALS B0;3D "
KidOW �LL biE�`� r�Y TnrSG PR�'S�.tiTSi Th�t Girardeau Contractors, Inc. as
� principal $TIC� Tha Amori ran TiL t�r3riCe COiilU�I1V . �
as surety are he1d and �'�:mly bound to �he City of Cape Qirardeau, Missour;.,
in the
SiL� of NINE.TY Tf� THOUSAND THEtEE HCIL�IDRID NINETY FIVE AND 90/100
Dollars tS 93.395.90 } to be paid to the �ity o£ Cape Ciirardeau,
Missquri, an8 for tha lawful �ay-nent of said sum we, and each a£ u�, hereby bfnd
our�elyea, our r�irs, our �xecutors, aciministrators, �ucc�ssors and &ss{�s
firmly be these p�ssent.
'I'he Candition o£ thia bond is such that:
WHEREAS, the abava-named princ3paZ did on the .��, �t d�,y af '�� -� ���'-�,.- �
19 ���� enter into a cflntiract with �he C�.ty of Cape Girardeau� Mi��ouri, for:
Taxiway Signage, Hangar Accsss T�.xiways, And Associated Improvements
FA.a A.T.P ?ROJ�CT �t0. 3-�9-0013-04, DIV�SION A
NOW, THEREFGRE, if the e�bova-r:sm�d pz�incy��.l shal�. we11 and truly:
1� Keeg and perfor� all o:' the contract of his, its or their paxt to b� kept
and psrforc�ed, a.r:c3 i"�ithful�y comply with al�, of the laws of �ha 5tate af
Missouri and a�I tk�e or3inar:ces of tha City of Cape Qtrardeau, Misaouri,
�plicab�a �o tha afore�aid ccntract and thi� bond and th� candit�ons of said
contract, �nd at �he time stipc�l.ated ir. saj.d contrsct or within a saasonabl�
� time if nat time is stipula.ted, and,
2. Pay fox �.ny and a1� mQterialg, lubricsnts, o�.�., �sgolins, grain, hay,
faed, coal ar�d cokes z�apairs on machinez�y, groceries and faadstuffs, equips�en�
and toal$ coz�su�ed ar used in connection with the conatruction or the a�rk
afor�describec3, ar,d �lY in�uranca prsmivata both far campen�ation e.nd for al�
oehcr kinds c° �:su:ar.ce cn said work above described, and far a,3.1 laoor
performed in the work *,�hether by th� principal or by subcontrsctor or oth�rwise
and at the prsvailing hourly :ate of wag�s c�ede applicable ta the work �s
specified by the c�ntract {iz' a �r�va3J.ing Y:ourZy rate oP w�gea shall tcave b�en
sp specif�.ed) ,
Then th�.s cbligation sha?1 be vpid, a�herw�se i� sha11 remain in full farce �s:d
- �ffect.
It is understood ar,d agre�d thst this bond is executed and furn+shed un8er �he
provi�ions of Coc�e.
It is undsrsta�d 2nd agrae$ that this bond sha11 not be vaided because of
chsngea ir� ths �1ans or specifica4it�as for th� work, or because of �xtenslor.s
of ti�e fo� the garfarme�nce of work� and thc� surety above-named does hereby
asive notice of ar:d flo�a hereby consent to any sueh chasiges ar extensi�ona of
t�ae. `
It is understood �.nd agreed tha� any p�raon entitled to payment far a.ny of the
ma�ters upon which this bond is conditioned shall have the right in his name c„
in the name at' the City of Ca�e Girarde$u, M�ssouri, ta bring suit upon this
� bond �^o� the recovery of g�c� pay�ent. T_t is further agreed that no sueh sui�
s�:ali be insCituted 2fter the expirati�n of nir.ety �90} days from �he completi�n
oF Che caa�racL rereinbefare referrsd to �nless otherwise prov�ded Fvr.
In addition to any other remedies which �ay be had by the C�ty of Cap�
�irardeau� Missouri, under this bond� the City m�jr in c�ae of default ar
abandonment of the c�ntr�ct hare�nbefare refarred to ndtiPy th� �uxety hereto
bY reg'stered or certiPied mail directed to Che surety or to its
ettorney-3n-facti for �.t a,uthor�.zad at the tiae c�f the �xecution of th�e bor,d
that such ciefault or abandonmen� has occurrec3, which� such notice need not be
detail�d but �sy be in gansral�ties, and the suxe�y shall have the obligatian
to inquire inta �he nature oP �uch default or abandonmeat and �o thereafter
*�rith.in sixty {60) day� from the date oP such notiCe procee8 toward comp].etian
without undus 8elay of the �mprovement in accorflarice with the con�ract
aforesa�.d; eind in the event of flefault on tha part of the surety to proceed to
camp�,�te e.s afare�aid the Ci�y oQ Ca�e Girarc�eau� MiasQuri, shal? have rhe
right:
{a) To its�lf c�molete �he work, erid ugan completian, snd upon tiender
of special tax bills �n payment t�iereof� if p�yment was to be mad�
in sp�cisl tax bills, to be reim'oursed by the Hrincipal, the surety
or bath of them fcz� the �dst of ssid compl8tior� includ�� rensx+. nf
raadvor�t�e�ments, �r�paration of new plans� contract8, etC. , and all
other ordinary and reasanable expenses i,n connectian with completaon
of the work; or,
(b) At the alection of the City of Cape Girardeau ar�d, if the improvecuent
i� to be paid for by issuence o£ specia,l tnx ,bil�s, the City may
r�1et the cantract, ead �n p�ymen� qf said new contract, issue
s�ec.�sl tax b�.l_s upon the completian of the work� 8�d t11� 88.�d City
oF Cape �Zirar�2au, hfissouri, is herehy appo�nted ar.d con�tituted
trustee f�r rs d c:� behalf oQ tha proqerty ownez�s affacted by said
cantract to collect, and if r.ecessary, �ue on behalf os' sue�z
graperty owners �'ar any �oss they �ay sustain by ressons r�f the
principal's dez,aul� or abanc3onment of his �foremen�ianed contr�ct
with tha Cit;�.
'lfie part.ies r.er�to agree tl:at should any litigst�on arise out of this band� the
venue for such litigatian shal�, be in the Circuit Cauz�t of Cap� Girardeau,
N�'_ssouri, sr.d ths par��.es hereta expressZy waive all rights to venue
�nconsistent therew�,th.
�
TN�wZTNESS `�HEREOF, wa have hereunto set aur ha.�ds and seals this ��-�'�__ day of
_,_..L-��- � F- �- �- , 19 J�' , or have caused these presents ta be exectste3 by
aur utha;�z��i agsaC on the sam� d�y arid yesr.
Contractor: Girardeau Co fractors, Inc. , ;
BY; � �' � ' `vl.��a-�`�---_._ `
APPro for�� , ',�u--;-'r :
$ttI'ety; Th� e 'can Insurance Company
_.� -- ay:
y ; „ �
•3 . . . �. ..C.
Ci t , - rne Richard A. &ungardner(�
Attorney-in-Fact
GENERAL � .
POWER OF
ATTORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing under the laws of
the State of New Jersey,and having its principal office in the City of Parsippany,State of New Jersey,has made,constituted and appointed,and does by these
presentsmake,constituteandappoint JAP�S C. PATEIDL, t2ICHAEL D. WHIPPS, JANET L. REHKOP, BARBARA M.
THACKER, RICHARD A. BUMGARDNER, MELISSA D. EVANS and KEVIN D. KALISH, jointly or
severally
its[ru'e'�d7awfult�tt'd7ii���3'�in-'F�ct,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any
and all bonds,undertaking,recognizances or other written obligations in the nature thereo€-______________________________________
and to bind the Corporation thereby as fuily and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article VII.Appoiatment and Aut6ority olResident Secretaries,Attorneys-in-Fact and Agents to accept Lega/Process and Mske Appearances.
Section 45.Appointment.T6e Chairman of the Board of Directors,t6e Presideat, any Vice-President or any ot6er person authorized by the Board of
Directors,t6e Chxirman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and ou behalf of the
Corpontlon.
Section 46.Aathority.T6e authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shali be as prescribed in t6e instrument evidencing
their appointment.Any sach appointment and all aut6ority granted ihereby may be revo{ted xt any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repea]ed:
"RESOLYED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attomey,or on any certificate relating thereto,by facsimile,
and any power of attomey,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to
beher�untoaffixedthis 5th dayof January 1990
rE��f/� ' •
��� \ti THE AMERICAN INSURANCE COMPANY
,'= r _�,
z: f
L`���T
��N�,���t,
By
Via-President
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
Onchis5th dayof Januar R. D.Farnsworth
�' 19 4�,before me personally came
to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein Grst above written.
�u„uuuwHu�►monx�nmtnainu�tunntn�
= OFFICIAL SEAL : �
� _ , 1. M. YANDEVORT =
� -• NOTARY PUBLIC•CALIFORNIA � No[aryPubLc
� Principal Of(ice in Marin County
� M�C�mmissioo Expins Auq. 28,f492 �
' CERTIFICATE
�I�IfIt��P/�/IIIIIINHIItt�1�11�t11��H11f�1111�t11�l�1i�
STAT'E OF CALIFORNIA
COUNTY OF MARIN ��
I,the undersigned,Resident Assistant Secretary of THE AMER[CAN INSURANCE COMPANY,a NEW JERSEY Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATI�ORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin.Dated the day af , 19 .
t�MEb ^ .
♦Z;:j�'�:,\y �f
r� �
•�`i i. I!%
;;,.���i �.�
�_.. � �
,������` �. y— Readent Assistant Secretary
360711-TA-6-89
�
�
FIREMAH�S FU?tII ,
�s�ax�cu�a�s
• ?he American Insuran<e Company
Spetialty Insurnnce
fNailing�.ddress:
Son Raiael,C.�. 949t 1-2�00
Snttt Aodress:
e.p40 Gvic Center��ive • .
San RaTce4,CA 94903 '
(d15}d91�s000
py�Li�NT TO GRN�AT1 POF2F.fZ OF ATI'ORNEY -
Ef f ective June 1, 1°9 0 , the domicile a i TfiE �KIC.A-N IN�UR.ANCE.
� CO�� changed trom I1ew Jersey to Iiebraska. A11 other te�-;as and
conditions oi the attached G2neral Power oi Attorney remain in
e�fect.
IN WI'!�NESS WHEREOF, �iE AM�RIC� INSURANCE COI�PANY has caused this
amend�ent to be si�ned by its Vice President and its Resident-
Assistant Secretary this 20tn day oi Ju1v r
�o�.
'r'HE �MERIC�N INSURANC� COM?ANY �
.� �� �,�, �
�v -
R. D. Farnsworth
Vice President
Bv
���
- Loretta E. Anste_"
Resident Assistant Secretary
�
�'�"'�"� CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) :
__ � _,t^
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
� �-`. li k�:i�:', e�1�l�
._:, COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
CODE SUB-CODE
COMPANY B
INSURED LETTER
: - COMPANY C
LETTER
�, - - � � � COMPANY D
, LETTER
COMPANY E
LETTER
. . .:....... . ........_ . . . . ... ... . . . _.._ ._..,.. . ... ..._.. . ...._ . . ..... . ... .._. . .. .. .
COVERAGES , _
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION qLL LIMITS IN THOUSANDS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ .
� COMMERCIAL GENERAL LIABILITY . . . . � � . . . �- . PRODUCTS-COMP/OPS AGGREGATE $
. CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY $
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $
' FIRE DAMAGE(Any one fire) $
�� MEDICAL EXPENSE(Any one person) $
AUTOMOBILE LIABILITY COMBINED
� . SINGLE $ . .
ANY AUTO LIMIT
ALL OWNED AUTOS BODILY
INJURY $
. SCHEDULED AUTOS (Per person)
' HIRED AUTOS BODILY
INJURY $
� NON-OWNED AUTOS (Per accident)
� GARAGE LIABILITY PROPERTY
�. DAMAGE $ .
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
$ $
- OTHER THAN UMBRELLA FORM � � . �
WORKER'S COMPENSATION STATUTORY
� $ . (EACH ACCIDENT)
AND .
� � -� ��� _ ' , . . � . . .� . $ .� � (DISEASE—POLICY LIMIT)
EMPLOYERS'LIABILITY . -
: $ . (DISEASE—EACH EMPLOYEE)
OTHER
. ;"'��- .. .. . . . . . . . . . , . , . ' . .. , . �. . : . � � .
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
. � � � � ,,. ^. ' , ., � . ; .. ' ; ''v'� . . �� %y�a�:Lt:�OTt��, �I7�CS1"G';1 Wi:� �'L�?c�.KtiS
_ � .. � '�tf)i.C��S�'
, , ; �'� .r!1�' ., .:,�;�:1��.,�': ; . ; �,��r�°�a.�.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
L�.'LjT ;"ti i i.;it?k' �.�1.�21�C�(1e'ariI EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
'J. h,r=yy�g.��j �`�g��,x.r �f.�y ���n�g� MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
(��}� '����p�+�,�?�a,�G�,. LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
��O� ��� �'j�7 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
_..._ __.. __ _._._. ..__..___ e..._._.__ _ ._.,.._ _
G$Y7$ �j,Z'FAY't���3t1� �� C2���I� AUTHORIZED REPRESENTATIVE
ACORD 25-S (3/88) OO ACORD CORPORATION 1988
A
'
Special Addendum
Should any of the above described policies be cancelled before the exniration
date thereof, the i ssui ng comoany �Ni 11 mai�� ,3Q days �,mi tten notice to the
certificate holder nar�ed,
r--�-�-
a�;��i.i�� INSURANCE BINDER ISSUE DAOTE�MM90,YY,
1 L
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CON�ITIONS SHOWN ON THE REVERSE
SIDE OF THIS FORM
PRODUCER COMPANY BINDER N0.
� St. Paul Fire & Marine 10-906C
Lockton Insurance Agency EFFECTIVE EXPIRATION
DATE TIMEV DATE v TIME
P.0. B o x 8418 n AM n 12:01 AM
Prairie Village, KS 66208 10-2-90 12:01 PM 11-02-90 NOON
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
COMPANY PEF EXPIRING POLICY NO:
CODE SUB-CODE DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(Induding Location)
�INSURED Contractor: Girardeau Contractors , Inc.
City of Cape Girardeau 114 Silver Sprinas Rd.
� J . Ronald Fisher, City Manager Cape Girardeau , MO 63702 i
( 401 Independence Assigned # KG08000133
� P.O. Box 617
Cape Girardeau, MO 63702
�
COVERAGES ALL LIABILITY LIMITS IN THOUSANDS
TYPE OF INSURANCE COVERAGE/FORMS AMOUNT DEDUCTIBLE COINSUR.
j PROPERTY CAUSES OF LOSS
I5ASIC BROAD SPEC.
GENERAL LIABILITY GENERAL AGGREGATE g 1 �OOO�
COMMERCIAL GENERAL LIABIUTY PROD.—COMP/OPS AGGREGATE � n/a
CLAIMS MADE OCCUR PERSONAL&ADVTSNG.INJURY $ n/a
X OWNER'S&CONTRACTOR'S PFCT. EACH OCCURRENCE $ 1 �OOO�
FIRE DAMAGE(Any cr,e fire) � n/a
RETRO DATE FOR CLAIMS MADE: MED.EXPENSE(Am�one person) $ �"� a
AUTOMOBILE ALL VEHICLES �SCHEDULED VEHICLES CSl 5
LIABILITY Bl PERSIACCID 5
NONIOWNED P� �
HiRED MED.PAY 8
j GARAGE P�P �
f
UM S
� AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV
COLLISION DED. - STATED AMOUNT S
OTC DED: - OTHER
EXCESS LIABILITV EACH AGGREGATE SELF-INSURED
OCCURRENCE RETENTION
UMBRELLAFORM
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE�.
STATUTORV
� WORKER'S COMPENSATION $ (EACH ACCIDENT)
AND
EMPLOYER'S LIABILITY 5 (DISEASE-POLICY LIMI�
� g (DISEASE-EACH EMPLOVEE)
SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES
Project: GAA A. I .P. Project #3-29-0013-04 Div A
` Project cost: $93,395.90 —
, �
NAME & ADDRESS
MORTGAGEE ADDITIONAL INSURED
LOSS PAYEE
LOAN u
AUTHOAIZED REPRESENTATIVE / �
--�� /
� ��
ACORD 75-S 2/88 �ACORD CORPORATION 1988
THE '0��:�� . _ . ... __ � --_ =_ ._ _
October 2, 1990
City of Cape Girardeau
401 Independence
Cape Girardeau, I°D 63702
RF,: Girardeau Contractors, Inc.
Bond Niunber 111 3286 0534
Taxiway Signage, Hangar Access Ta�ways & Associated Improv�nents
FAA A.I.P. Project No. 3-29-0013-04, Division A
$93,395.90
This letter will serve as your authoritv to date the Bonds �nci the Powers of
Attorney on the above captioned project.
Very truly yours,
'r!� AP�ICAN INSURANCE CA:`�ANY
r r.
sy: ���l.C�'1�✓Zil�1 - L i.'r v'•��=�'�t/,�1��
Richard A. B�ngardner �
Attorney-in-Fact
cc e The American Insurance Caupany
�
� . . _
CONTRACT
STATE OF
CITY OF
THIS AGREEMENT, made and entered into this day of ,
19 by and between the City ofi Cape Girardeau, Missouri , Party of the First
Part, hereinaf;er cal:ed the OWNER and
Party cf the Second Part, hereinafter called
the CONTRACTCR.
WITNESSEiH iHAT:
tJHEREAS, the OWNER has called for bids �or the construction of Airpert
Improvements as set out in the Specifiications and F?ans.
WHEREAS, the CONTRACTQR is the lowes: and best bidoer for the construction
of said improvements hereinafter set aut, pursuant to the published cal:s ;or
bids under said P?ans and Specifications.
NOLJ THEREFORE, the CONTRACTOR AGREES WITH THE Owner to commence and complete
the construction o-F taxiways, sign installation, and pavement marking , including
site grading , drainage, earth embankment, turfing, electrical improvements and
other tasks as designated in the Project Plans and Specifiications for the prices
bid in the Proposal , based upon the estimated quantities, the total being
such sum beinq the agreed amaunt upon which bonds and liabilities are based,
and at his own cost and expense furnish all materials, supplies, laCcr,
machinery, equipment, tools, supervision, Donds, insurance, taxes, permits, and
other accessories and servic2s necessary to complete the said construction in
accordance with the condit:ons and prices stated in the Proposal attacned hereto
and made a part hereofi, and in accordance with ;he Generai Provisions ar.d
Specifications, and in accordance with the Plans, which include all maps, plats,
blueprints, a�d other drawings, and written or printed explaratory matter hereof.
The CONTRACTOR agrees to fully complete ali work under ;his Contract by
The OWNER agrees to pay the CONTRACTOR in correct
funds for the performance ofi the Contract in accordance with the accepted
Proposal therefore, subject to additions and deductiors, as provided in the
Specifications, and to make payment on account thereof as provided below:
As soon as is �racticab:e after tne fiirs: ofi each caiendar month, the Q�1NtR
will make partial paynents to the CONT�ACTOR for work perfcrmed during the
precedinq calendar month, based upon the Engineer 's =stimate or work comple!ed ,
said estimate oeing certified by the CONTRACTOR and accepted by `he OWNER.
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Except as otherwise �rovided by law, ;en percent ( 1Ci) of each approved estimate
shall be retained by tne OWNER or his representative. Upon f=na1 compietion and
acceptance by the OWNER and ENGINEER, the ENGINEER shali then issue a Final
Estimate of work done based upon the original contract and subsequent changes
made and agreed upon , if any.
Time is hereby expressly declared to be of the essence of this contract,
and the time ofi beginning, manner of proqress and time ofi comoletion of the work
hereunder, shall be and are essentiai conditions hereof.
The CONTRACTOR agrees to commence the work within ten (i0) calendar days
firom the date of the issuanc2 ofi the Uotice to Froceed, and to proceed with the
construction of the work and to presecute the work with an adequate torce and
in a manner so as to complete the work within the time stipu:ated herein . Ir
the Contractor Tails to complete the contract within '.he time st=pulated herein ,
the C�NTRACTOR agrees to pay th2 OIJNER, as liquidated damages, the sum of Six
hundred doilar� per day for each calendar day of delay in cempletion, said
amounts being fixed and agreed upon by and between the parties hereto. Eecause
of the impracticability and extreme diffiiculty in fixinq and ascertaining the
actual damaqes tne OWNER would in such event s4stain, said amounts are to be
�resumed by the parties to this contract to be the amounts of damaqe the 04;NER
would sustain. Said amounts of liquidated damaqes sha:l be deductible from any
amount due the COtJTRACTOR under Final Estimate of said work, after the completion
thereof, and CONTRACTOR shall be entitled only to the Final Estimate, less such
amounts of liquidated damaqes.
if thz CONTRACTOR is delayed at any time in the progress of the work by
any act or neglect ofi the OWNER or of his employees, or by any other CONTr�ACTOR
employed by the uWNER, or by changes ordered in the work, or oy strikes,
lockouts, `ire, unusual delay in transportation, unavoidable casual;ies or any
causes beyond the CONTRACTOR's control, or by delay authorized by the cngineer
pending arbitratian, or by any cause which the Engineer shall decide to justify
the delay, then the time of completion may be extended Tor such reasonable time
as the r.ngineer may decide.
tJo such extension shall be made for delay occurring more than seven (7)
days before a claim therefore is made in writing to the �rgineer. in the case
of a continuinq cause of delay, only one ciaim is necessary.
In the event the CONiRACTOR abandons the work hereunder or fiai:s, neg:ects
or refuses to continue the work after ten ( 10) days wri�ten notice, given the
CONTRACTOR by the OWNER or by the ENGIhEER, then the CWNER shall have tne optien
ofi declaring this contract at an end , in which event, the u41NEr� shali not be
liable to the CONTRACTOR for any work theretofore pertormed hereunder; or
requiring the surety hereto, upcn ten (10) days notice, to comp:ete and carry
out the contract of the CONTRACTOR, and in that event, should the surety Tail ,
neglect �r refase to car�y out said contract; said OWt�ER �aay complete the
contract at its own expense, and maintain an action against the CONTRACiOR and
the surety hereto for t�e actuai cost of same; together wi:h any damaqes �r
other expense sustained or incurred by the OWNER in completinq this contract
less the total amount provided tor hereunder to be paid the CONTRACTOR, upon
the completion of this Contrac:.
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This Contract shall be binding upon the heirs, representatives, successors,
or assigns of the parties nereto, including the surety.
It is hereby further agreed that any reference herein to the "Contract"
shall include all "Contract Documents" as the same are listed and described in
Section 34, Paragraph 9 of the General Provisions issued in connection with the
construction of FAA Project No. AIP 3-29-0013-04 and said "Contract Documents"
are hereby made a part of this agreement as fully as if set out at herein, and
that this contract is limited to the items in the proposal as signed by the
"Contractor" and included in the "Contract Documents" .
IN WITNESS tJHEREOF, the Party �f the �irst Part and the Party of the Second
Part, respectively, have caused this agreement to be duly executed in day and
year first herein written in copies, all of which to all
intents and purposes shali be considered as the original.
SPONSOR, Party of the First Part
City of Cape Girardeau, �lissouri
ATTEST: BY•
Mayor
Secretary (Seal)
ATTEST: CONTRAC70R, Part oT Second Part
3Y:
APPROVED AS TO FOP,M:
Offiic2 or Position of 5igner
City Attorney
CERTiFiCATt Gr Dir�ECTOR Gr rINANCE
I certifiy that the expenditure contemplated by this document is within the
purpose of the appropriation to which it is to be charged and there is an
unencumbered balance of appropriated available funds to pay therefore.
Director ofi Finance
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PERFORMANCE. LABOR AND t1ATERIALS BOND
KNOW ALL. MEN BY 7HESE PRESENTS: That as
principal and *
as surety are held and firmly bound to the City of Cape Girardeau, Missouri ,
in the
sum of
Dollars (S ) to be paid to the City of Cape Girardeau,
Missouri , and for the lawful payment of said sum we, and each of us, hereby bind
ourselves, our heirs, our executors, administrators, suc�essors and assigns
firmly be these present.
7he Condition of this bond is such that:
WHEREAS, the above-named principa: did on the day of ,
19_, enter in;o a contract with the City ofi Cape Girardeau, tlissouri , rar:
Taxiway Signage, Hangar Access iaxiways, And Associated Improvemen;s
IJOW, THEREFORE, if the above-named principal shall well and truly:
1. Keep and perform all of the contract oT his, its or their part to be kept
and performed, and faithTully compiy with all of the laws of the State of
Missouri and all the ordinances of the City of Cape Girardeau, Missouri,
applicable to the aforesaid contract and this bond and the conditions of said
contract, and at the time stipulated in said contract or within a reasonab?e
time if not time is stipulated; and,
2. Pay ior any and all materials, lubricants, oil , gasoline, grain , hay, feed,
coal and coke, repairs on machinery, groceries and foodstuffs, equi�ment and
tools consumed cr used in connection with the construction of the work
aforedescribed , and all insurance premiums botn for compensation and Tor all
other kinds of insurance on said work above described, and for all iabor
performed in the work whether by the principal or by subcontractor or otherwise
and at the prevailinq hourly rate of wages made applicable to the work as
specified by the contract ( if a prevailing hourly rate of waqes snall have been
so specified) .
Then this cbligation shaii �e void, otherw:se it shai: remain in 'uli iorc= and
efifect.
It is understood and agreed that this bond is executed and furnished unaer the
provisions of Code.
It is understood and aqreed that this bond stiall not be voided because of
chanqes in the p:ans or specifications for the work, or because of extensions
ef time for the performance oi work, and the surety above-ramed dees hereby
waive notice ofi and does hereoy tonsent to any such cnanges or extensions �f
time.
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It is understood and aqreed that any person entitled to payment for any of the
matters upon which this bond is conditioned shall have the right in his name or
in the name of the City of Cape Girardeau, Missouri , to brinq suit upon this
bond for the recovery of such payment. It is further agreed that no such suit
shall be instituted after the expiration of ninety (90) days from the completion
of the contract hereinbefore referred to unless otherwise provided for.
In addition to any other remedies which may be had by the City of Cape
Girardeau, tlissouri, under this bond, the City may in case of defau?t or
abandonment of the contract hereinbefore referred to notify the surety hereto
by registered or certified mail directed to the surety or to its
attorney-in-fact for it authorized at the time of the execution of this bond
that such default or abandonment has occurred , which such notice need not be
detailed but may be in qeneralities, and the surety shall have the obliqation
to inquire into the nature ofi such default or abandonment and to thereafter
within sixty (60) days from the date ofi such notice proceed toward completion
without undue delay of the improvement in accordance with the contract
aforesaid; and in the =vent of default on the part of the surety to proceed to
complete as atoresaid the City of Cape Girardeau, Missouri , shali have the
right:
{a) To itself complete the work, and upon completion, and upon tender of
special tax bills in payment thereof, if payment was to be made in
special tax bills, to be reimbursed by the principal , the surety or
both of them for the cost of said completion including cost of
readvertisements, preparation ot �ew plans, contracts, etc. , and all
other ordinary and reasonable expenses in connection with completion
of the work; or,
(b) At the election ofi the City of Cape Girardeau and if the improvement
is to be paid for by issuance oT speciai tax bil:s, the City may relet
the contract, and in payment of said new contract, issue special tax
bills upon the completion of the work, and the said City of Cape
Girardeau, Missouri , is hereby appointed and constituted trustee for
and on behalf of the proper;y owners aTTetted by said contract ;o
collect, and if necessary, sue on behalf of suc7 property owners fior
any loss they may sustain by reasons of the �rincipal 's default or
abandonment of his afarementioned contract with the City.
The parties hereto aqree that should any litigation arise out of this bo�d, the
venue for such litiqation shall be in the Circuit Court of Cape Girardeau,
Missouri, and the parties hereto expressly waive all rignts io venue
inconsistent therewith.
IN WITNESS WHEnEOF, we have hereunto s2t our hands and seals this day of
, 19_, or have caused these presents to be executed by
our authorized agent on the same day and year.
Contra�tor•
�y:
Sure?y:
�y:
Approved as to form:
City Attorney
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*PART II WAGE AND LABOR REQUIREMENTS
#SECTION A (Federal Aviation Administration Requirements)
2.01 Airport Improvement Proqram. The work in this contract is included
in Airport Improvement Program Pro�ett No. 3-29-0013-04, which is being
undertaken and accompiished by the City of Cape Girardeau in accordance wi;h the
terms and conditions of a grant agreement between the City of Cape Girardeau and
the United States, under the Airport and Airway Development Act of 1970 (84
Stat.219) and Part 152 of the Federal Aviation Regulations ( 14 CFR Part 152) ,
pursuant of wnich the United States has agreed to pay a certain percentage o7
the costs of the project that are determined to be allowable project costs under
the Act. The United States is not a party to this contract and no rererence in
this contract to the FAA or any representative thereot, or to any rights granted
to the FAA of any representative thereof, or the United 5tates, by the contract,
makes the United States a party to this cent�act.
2.02 Consent of Assianment. The contractor shail obtain the pr=or wr:t.en
consent of the City oT Cape Girardeau to any proposed assianment of any interest
in or par: of ;his ccntract.
2.03 Convict Labor. No convict labor may be employed under this contract.
2.04 Veterans Preference. In the employment of labor (except in executive,
administrative, and supervisory positions) , preferenc� shall be given to
qualified individuals who have served in the military service of the United
States (as defined in Section 101 ( ?) of the Soldiers and Saiiors ' Civil �elief
act ot 1°40 (50 U.S.C. App. �O1 ) and have been nonorabiy discharged =rom the
service, except that preference may be given oniy where the labor is avaiiabi2
locally and is quaiified to perfo�� the work to wnich the employmen! relatas.
2.05 Withholdinq: Sponsor from Contract. �hether or not payments or
advances to the City of Cape Girardeau are withheld or suspended by the FAA, the
City ofi Cape Girardeau may withhold er cause to be withheld from the cen;ractor
so much of the accrued payments or advances as may be considered necessary to
pay laborers and mechanics employed by the con;racior of any subcontractor on
the work the ful: amount of wages required by this contraci.
2.06 Nonoayment oT Waqes. If the contractor of subcontract fai'_s to pay
any laborer cr mechanic employed or working on :he site of the work any of th�
wages required by this contract Lhe City of Cape Girardeau after written notic=
to the contractor, may take such acticn as may be necessary to cause the
suspension of any furt�er �ayment or advance of funds until the violations
cease.
2,07 �AA inspection and Review. The contractor shall ailow any authorized
representative of the rAA ta inspeci and review any work or materials used in
the performance of this contract.
2.08 Subcontracts. The contrac�or shal; insert in ea�ch or his subcontracts
the provisions contained in paragraphs 2.01 , 2.03, 2.04, 2.U6, and 2.07, and
also a clause requirinq the subcontractors to include tnese provisions in any
lower tier subcontracts whicti they may enter into, together with a c:ause
requiring this insertion i� any further subcontrac:s that may in turn be maCe.
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2.09 Contract Termination. A breach of paragraphs 2.06, 2.07, and 2.08 may
be grounds for cerminations of the contract.
�SECTION B (Secretary of �abor Requirements)
2.10 Minimum waqes.
(i) All laborers and mechanics employed or workinq upon the site of
the work, will be paid unconditionally and not less ofiten than once a week, and
without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary ofi Labor
under the Copeland Act (29 CFR Part 3) , the fuli amount of wages and bona fiide
fringe benefits (or cash equivalents thereof) due at time of payment computed
at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached 'hereto and made a part hereof, regardless
of any contractual relationship whicn may be alleged to exist between the
contractor and such laborers and mechanics. Contributions made or costs
reasonably anticipated for bonafide firinge benefits under section ? (b) (Z) of
the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid
to sucn laborers or mechanics, subject too the provisions of paraqraph (2. 10)
(iv) of this section; also, regular contributions made or costs :ncurred for a
more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the
wage determination fior the classification ofi work actually performed without
reqard to skiil, except as provided in paragraph 2. 13. Laborers or mechanics
performing work in more than one classification `or t�e time actually worked
therein: Provided, that the employer 's payroll records accurately set for;h the
time spent in each classification in which work is performed . The wage
determination (including any additional classifiication and wage rates conformed
under paragraph tii) of this section) and the Davis-Bacon poster (WH-1321 ) shall
be post?d at all times by the contractor and its subcontractors at the site of
the work in a praminent and accessible place where it can be easily seen by the
workers.
The contractor shall forfieit as a penalty to the City of Cape
Girardeau ten dollars fior each worker employed, for each calendar day, or
portion thereor such worker is paid less than the said stipulated rates fcr any
work done under said contract, by tt�e cantractor or by any subcontractor under
them.
In all contractor 's bonds that the contractor shall include such
provisions as will guarantee the faithful performance of the prevailing houriy
wage clause as provided by contract.
The contractor shall forward P:J 1000 to the Division of Labor
Standards upon contract award .
(ii ) (A) The contractinq officer shall require that any class of
laborers or mechanics which is not listed in the wage determination and which
is to be employed under the contract snali be classified in conformance with
the waqe determination. The contractinq officer shali approve an additional
classiTication and waqe rate and fringe benefits therefore only when the
followinq criteria have been met:
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(1) The work to be performed by the classification requested is not
performed by a classifiication in the waqe determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe benerits, bears
a reasonable relationship to the wage rates contained in ihe wage determination.
(H) If the contractor and the laborers and mechanics to be employed in
the classification ( if known) , or their representatives, and the contracting
officer agree on the classification and wage rate (inciuding the amount
designated for fringe benefits where appropriate) , a report off the action taken
shall be sent by the contracting officer to the Administrator of the IJage and
Hour Division , Employment Standards Administration , U.S. Department of Labor,
Washington, D.C. 20210. The administrator, or an authorized representative,
will approve, modify, or disapprove every additional classif:cat:on action
within 30 days or receipt and so advise the contracting officer or wi:l �otiTy
the contracting officer or will notify tne contracting orficer within the 30-day
period thaf additionai time is necessary. (Approved by t�e Office of Manaqement
and Budget under OMB control number 1215-4140. )
(C) In the event the contractor, the laborers or mechanics to be employed
in the classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate ( including the amount
designated for fringe benefits, where appropriate) , the contracting officer
shall refer the questions, including the views of all interested parties and
the recommendation ofi the contracting officer, to the Adminisirator far
determination. 7he Administrator, or an authorized representative, wiil issue
a determination within 30 days of receipt and so advise the contracting orficer
or will notify the contractinq officer within the 30-day period that additionai
time is necessary. (Approved by the Office of Management and Budget under OMB
control number 1215-0140. )
(D) The wage rate ;including frinqe benefits where appropriate) determined
pursuant to subparagraphs (1 ) ($) or (C) of this paraqraph, shall be paid to all
workers performinq work in the classification under this contract from the first
day on which work is perfiormed in the classification.
(iii) 'vlhenever the minimum wage rate prescribe� in �he contract for a
class of laborers or mechanics includes a frinqe benefit which is not expressed
as an hourly rate, the contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide frinqe benefit or an hourly
cash equivalent thereof.
( iv) If ;he contractor does not make payments to a trustee or other third
aerson, the contractor may consider as part of the wages of any laborer or
mechanic the amou�t ofi any costs reasonably anticipated in pr�vidinq bona fide
fringe benefits under a plan or program, provided , that th= Sec�etary cf Labor
has found, upon the written request of the contractor, that the ap�licable
standards of the Davis-Bacon Act have been met. The Secretary or Labor may
require the contractor to set aside in a separate account assets for t'�e meeting
of obligations under the plan or proqram. (Approved by the Office of 'lanaqement
and Budget under 01".9 control number 1215-0140. )
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2.11 Withhoidina. The FAA shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the contractor under this contract or any other
Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to Davis-9acon prevailing wage requirements, which is held by
the same prime contractor, so much of the accrued payments or advances as many
be considered necessary to par laborers and mecharics, including apprentices,
trainees, and helpers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event ofi failure to pay any
laborer or mechanic, includinq any apprentice, trainee, or helper, employed or
working on the site of the work all or part of the wages required by the
contract, the FAA may, after written notice to the sponsor, take such action as
may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
2,12 Payroils and basic records
(i) Payrolls and basic reccrds relating thereto shall be maintained by
the contractor during the c�urse cf the work and preserved `or a period ofi three
years thereafter �or all laborers and mechanics workinq at the site of the work.
Such records shall contain the name, address, and sociai security number of each
such workers, his or her correct classifiication, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide firinge
benefits or cash equivalents thereof of the types described in section 1(b) (2)
(B) of the Davis-3acon Act) , daily and weekly number of hours worked , deductions
made and actual waqes paid. Whenever the Secretary of Labor has found under 29
CFR 5.5 (a) ( i) (iv) that the wages of any iaborer or mechanic include the amount
of any costs reasonably anticipated in providing beneTits under a plan or
program described in section ltb) !2) (B) of the Davis-Bacon Act, the contractor
shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, and that
the plan or proqram has been communicated in writing to the laborers or
mechanics affected, and records which snow the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the
registration of apprenticeship preqrams and certification of trainee programs,
the registration ofi tfie apprentices and trainees, and the ratios and waqe rates
prestribed i� the applicable proqrams. (Approved by the �fiTice of Management
and Budget under GMB control numbers 1215-4140 and 1215-0017. )
(ii ) (A) The contractor shall submit weekly for each week in which any
contract work is performed a copy of ail payrolls to the sponsor for
transmission to the FAA. ihe payrolls submitted shall set out accurately and
completely all o; the iniormation requir=d to be maintained under 5.5(a) (3) (i )
of Requlaticns, 29 CFR Part 5. 7his intorma:ion may be submitted in any form
desired. Optional Form �H-347 is available for this purpose and may be
purchased from the Superintendent of Documents (rederal Stock Nu�noer
029-005-0014-: ) , U.S. Government Printing Office, Washinqton, D.C. 20402. �he
prime contrac:or is responsible for the submissien of copies of payrolls by all
subcontractors. (Approved by the Office of Manaqement and Budget under OMB
control number 1215-0149. )
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(B) Each payroll submitted shall be accompanied by a "Statement of
Compliance" , siqned by the contractor or subcontractor or his or her aqent who
pays or supervises the payment of the persons employed under the contract and
sfiall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 5. 5(a) (3) (i) of Requlations, 29 CFR Part 5 and
that such information is correct and complete;
(2) That each laborer or mechanic (including each heiper, apprentice,
and trainee) employed on the contract during the payroll period has been paid
the �ull 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 �ermissibie deductions as set forth in Regulations, 2
CFR Part 3;
(3) That each iaborer or mechanic nas been paid not less than the
appiicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in tne applicable waqe
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification sei
forth on the reverse side of Optional Form WH-347 shall satisfy the requirement
for submission of the "Statement of compliance" required by paragraph (2.12)
(ii) (B) of this section.
(D) The fialsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 ot the Uni;ed States Code.
(iii) The contractor or subcontractor shall make the records required
under paragraph (2.12) (i) of this section available for inspection, copying or
transcription by authorized representatives of the FAA or the Depariment of
Labor, and shall permit such representatives to interview employees durinq
workinq hours on the �ob. If the contractor or subcontractor fails to submit
the required records or to make them available, �AA may, after written notice
to the sponsor, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. rurthermore failure ta
submit the required records upon request or to make such available may be
grounds for debarment action pursuant to 29 C�R 5.12.
2.13 Apprentices and Trainees.
( i ) Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant
to and individually registered in a bona fide apprenticeship program registered
with the U.S. Department ofi Labor, Employment and Traininq Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Aqency
recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticesnip proqram,
who is not individually registered in the program, but who has be=n certi�ied
by the Bureau of Apprenticeship and Training or a State Apprenticeship Aqency
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(where appropriate) to be eliqible fior probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft
Classification shall not be greater than the ratio permitted to the contractor
as to the entire work force under ttie reqistered program. Any worker listed on
a payroll at an apprentice wage rate, who is not reqistered or otherwise
employed as stated abuve, shall be paid not less than the applicable wage rate
on the wage determination for the classification of work actually performed.
In addition , any apprentice performinq work on the job site in ezcess of the
ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually perfiormed .
Where a contractor is per;orming construction on a project in a locality other
than that in which its program is reqistered , the ratios and waqe rates
(expressed in percentages of the journeyman 's houriy rate) s�ecified in the
contractor 's or subcontractor's registered proqram shall be ooserved . Every
apprentice must be paid at not less than the rate specified in the registered
program fior the apprentice ' s level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable waqe determination.
Apprentices shall be paid frinqe benefits in accordance with t�e provisions of
the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentites must be paid the full amount of fringe benefits
listed on the wage determination fior the applicable classification. Ifi the
Administrator determines ttiat a different practice prevails for the applicable
apprentice classification , fringes shall be paid in accordance with that
determination. In the event the Bureau ofi Ap�renticeship and Training , or a
State Apprenticeship Agency recogni:ed by the Bur=au withdraws approval of an
apprenticeship proeram, the contractor will no longer be permitted to utilize
apprentices at less than the aapiicabie predetermined rate for the work
performed until an acceptable program is approved.
(ii ) Trainees, except as provided in 29 Cr� 5. 16, will not be
permitted to work at less than the pre�2termined rate for the work perTcrmed
unless they are empioyed pursuant to and individually registered in a program
whith has received prior approval , evidenced by tormai c=rtification by tne U.S.
Department of Labor, Employment ar,d ira:ning Administraiion. 7n= ratio 07
trainees to journeymen on the job sit2 sha;l not be great=r �han permit;ed under
the plan approved by the Employment and Training Adminis:ra?ion . Every trainee
must be paid at nct less than the rate specit:ed in the approve� proqram for the
trainee 's level cf progress, expressed as a perc=ntage of the journeyman hour�y
rate specified in the applicaole waoe determination . Trainees shail be paid
frinqe benefits in accordance with the provisions of the trainee proqram. If
the trainee proqram does not mention fringe benefits, ;rainees shall be paid the
ful; amount of `ringe benefits listed on ;he waqe determination unless the
Administrator of the �age and Hour Division determines that there is an
apprenticeship program associated with the correspondinq journeyman waqe rate
on the wage determination which provides Tor 1=ss than full fringe benefits for
apprentices. Any employee :isted on the �ayroil at a trainee rate who is not
registered and part:ci�ating in a trainir,g �lan approved by the Emoloyment and
Traininq Administration shall be paid not ?ess than the applicabie wage rate on
the wage determination Tor the classiTication oT work actually perlcrmed . In
addition , any tra:nee performing worK cn the �ob site in excess of the ratio
permitted under +he registered proqram snail be �aia not ?ess than the
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applicable wage rate on the waqe determination for the work actually pertormed .
In the event the Employment and Traininq Administration withdraws approval of
a traininq programs the contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate of work performed until
an acceptable program is a�proved.
( iii ) Equal employment opportunity. The unitization of apprentices,
trainees and �ourneymen under this part shall be in conrormity with the equal
employment opportunity requirements of Executive Order 11246, as amended , and
29 CFR Part 30.
2.14 Compliance with Cooeland Act Requirements. The contractor snall
comply with the requirements of 29 CFR Part 3, which are incorporated by
reference in this contract.
2.15 Subcontracts. The contractor or subcontractor shall insert in any
subcontracts :he clauses contained in 29 CFR 5. 5 (A) ; 1 ) throuqh (i0? and sucn
other clauses as the FAA may be appropriate instructions require, and also a
clause requiring the subcontractors :o include these c?auses =n any lower tier
subcontracts. 7ne prime contractor shall be responsible `or the compliance by
any subcontractor or lower tier subcontractor with all the contrac: claus2s in
29 CFR 5.5.
2.1b Contract Termination: Debarment. A breach of the centract clauses in
29 CFR 5.5 may be grounds for termination o` :he contract, and for debarment as
a contractor and a subcontractor as provided in 29 CFR 5.12.
2.17 Cemaliance with Davis-Bacon and Related Act r�equirements. Ail rulir.gs
and interflretations of the Davis-3acan and Related acts contained in 29 CF'�
Parts 1,3,5, and are herein incorporated by reference in ih:s contract.
2.18 Disoutes �encernino Labor Standards. Disputes arising out oT the
labor standards provisions of this contract shall not be subject to :he gereral
disputes clause ofi this concract. Such dispute shall be resoived in accordance
with the procedures of the Department of Labor set torth in 29 CFR Parts 5,b,
and 7. Disputes within the meaning of this clause include disputes between ttie
contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
2.19 Certification or �lioibiiity.
( i) By entering into this contract, tne contractor certi?ied :hat
neither it (nor he or she) nor any person or firm who has an interest in the
con:ractor 's firm is a person or fiirm ineligible :o be awarded Government
contacts by vir;ue ofi section 3(a> o= the Davis-�acon Act or 29 CrR 5. 12 (ai
(1) .
( ii ) No part of this contract shall oe subcontratted to any person
or fiirm ineligible for award of a Government contract by virtue of section 3(a)
of the Davis-3acon Act or 29 CFR 5. 12 (a) ( 1 ) .
( iii ) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 16 U.S.C. 1001 .
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2.20 Overtime Requirements. No contractor or subcontractor contractinq fior
any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any work week in which he or she is employed on such work to work in excess of
eight hours in any talendar day or i� excess of forty hours in such work week
unless such a laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate cf pay for all hours worked in excess of
eight hours in any calendar day or in excess of forty hours in such work week,
whichever is greater.
2.20-1 Violation: Liability for Unoaid �aoes; Liquidated Damaqes. In the
event of any violation of the clause set forth in paragrapn 2.20, the contractor
and any subcontractor responsible therefore shall be liable for the unpaid
wages. Such liquidated damages shail be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the c?ause set forth in paragraph 2.20 in the sum of S10 for eacti
calendar day of which such individual was required or permitted '.o work in
excess of eight hours cr :n excess of the standard work week oY $orty hours
without payment o7 tye overtime wages required by the clause set forth in
paragraph 2.20.
2.20-2 Withholdinq fior Unpaid �aaes and �iquidated Damaaes. The FAA shall
upon its own action or upon written request of an authorized re�resentative of
the Department of Labor withhold or cause to be withheld, from any monies
payable on account ot work performed by the contractor or subcontractor under
any such contract or any other Federal Contract with the same prime contractor,
or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities af suc� contractor
or suocontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paraqraph 2.20-:.
2.20-3 Subcon;racts. The contractor or subcontractor shall insert in any
subcontracts the clauses sei forth :n paraqraph 2.20 through 2.20-2 and also a
clause requiring the subcontractors to include these claus2s in any lower tier
subcontracts. The prime contractor shall 5e responsible for compliance by any
subcontractor or lawer tier subcontractor with the clauses set forth in
paragraphs 2.20 through 2.20-3.
2.20-4 Workina Condition� No coniractor or subcontractor may require any
laborer or mechanic employed in the performance of any contract to work in
surroundings or under working conditions that are unsanitary, hazardous or
dangerous to this health or safety as determined under construction safety and
health standards (29 CFR Part 1926) issued by ttie Depar;ment of Labor.
2.20-5 Ueteran 's Preference. In the employment of labor (except in
executive, administrative, and supervisory positions) , preference shall be given
to veterans of the Vietnam era and disable veterans. However, this areference
shall apply only where the :ndividuals are available and quali`ied to per`orm
the work to which the emoloyment r=lates.
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*PART III (Equal Employment Opportunity Requirements)
*SECTION A (Equal Employment Opportunity Clause)
2.21 During the performance of this c�ntract, ttie contractor agrees as follows:
(1) The contractor will not discriminate against any applicant for employment
because of -ace, color, reliqion, sex or national origin. The contractor
will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race,
color, religion, sex , or national origin. Such action shall include, hut
not be limited to the following: employment, upgrading , demotion, or
transfer; recruitnent or recruitment advertising; layoff or termination ,
rates of pay or other forms of compensation and selectien for training,
including appreniic=ship. 7he contractor agrees to post, in conspicueus
places available.
(2) 7he con.tractor will, in all solicitations or advertisements for employees
ef the cont�actor, state that al? eua?ified app?icants will receive
consideration for employment without reqard to race, color, re?igion , sex ,
or national origin.
(3) The contractor will send, to each labor union or representative of workers
with which he has a collective bargaininq agreement or other contract or
understandinq, a notice (to be provided) advising the said labor union or
workers' representatives o� the contractor "s commitments under inis
section, and shall post copies of the notice in conspicuous p?aces
available to employees and applicants for employment.
(4) The contractor will comply with all provisions ef Executive Order 11246,
as amended, of 24 Sep:ember !SbS, and of the rules, requlaticns, and
relevant orders of the Secretary of Labor.
(5) The contractor will furnish ail information a�d reports r=quired by
Executive Order 11246, as amenaed, of 24 Sep:ember 1965, and by rules,
requlations, and orders of the Secretary of �abor, or pursuant thereto, and
will permit access to his books, records, and accounts cy the FAA and the
Secretary of Labor ror purposes oT investiqation to ascertain compliance
with such r��!es, regulations, and crders.
(b) In the event to the contractor's noncomoliancz with the nondiscrimination
clauses of this contract with any of the said rules, regulations, or
orders, this contract may be canceiled, terminated , or suspended in whole
or in part and the contractor may be declared ineliqibl� for �urther
qovernment contracts of federally assisted construction contracts in
accordance with procedures authorized in Executive Order 1:246, as amended ,
of 24 September 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Crder 1:Z46, as amended of 24 September
1965, or by rule, requlation, cr order o� :ne Secretary �f Labor, or as
otherwise prcvided by law.
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(7) The contractor will include the portion ofi the sentence immediately
preceding paraqraph (1) and the provisions of paragraphs (1) throuqh (7)
in every subcontract or purthase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246, as amended, ofi 24 September 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the FAA may direct as a means of enforcing such
provisions, including sanctions for noncompliance: provided , however, that
in the event a contractor becomes involved in, or is threatened with,
litigation, with a subcontractor or vendor as a result ofi such direction
by the FAA, the contractor may request the United States to enter such
litigation to protect the interests of the United States.
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*Section B (Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246, as amended) ) .
1. As used in these specifiications:
a. "Covered area" means the geographical area described in the
solicitation from which this contract resulted;
b. "Director" means Director, Ofi$ice of �ederal Contract Compliance
Proqrams (OFCC?) , U.S. Department of Labor, or any person to whom the Director
delegates authority;
c. "Employer identification numoer" means the Federal social number used
on the Employer 's Quarterly Federal iax Return, U.S. Treasury Department Form
941:
d. "Minority" includes:
( 1 ) Black (a21 persons having origins in any or :tie Black African
racial groups not of Hispanic origin) ;
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central
or South American, or other Spanish culture or origin reqardless ofi
race) ;
(3) Asian and Pacifiic Islander (all persans havi�g origins in any of
the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands) ; and
(4) American Indian or Alaskan native (all persons having origins in
any of ttie oriqinal peoples of Nortti America and maintaining
identifiable tribal affiliations through membership and partitipation
or community identification) .
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically
include in each subcontract in excess oT 410,000 ihe provisions of these
specifications and the notice which contains the applicable goals for minority
and fiemale participation and wh:�h is szt for;h in the sc:icitaticns from which
this contract resulted.
3. If the contractor is participatinq (pursuant to 41 CFR 60-4. 5) :n a
Hometown Pian approved by the U.S. �epartment oT Labor in the covered area
either individually or throuqh an associaticn , its affirmative action
obligations on all work in the plan area (includinq goals and timetabies) shail
be in accordance with that pian Tor those trades which have unions participatinq
in the plan. Con:ractors must be abie to demonstrate their participation in and
compliance with the provisions of any sucti Hometown �lan. Each contractor or
subcontractor participating i� an approved plan is indivi�ually required to
comply with its obiigations under the EED clause and to make a good faith eTfort
to achieve each goal under the plan in each trade in which it has employees.
The overall gocd �aith performance by other contractors or subccntrac!ors tcward
a goal in an approved plan does not excuse any covered contractor 's or
subcontractor's failure to take good fai;h efforts to achieve the plan goals and
timetables. C-16
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4. The contractor shall implement the specific afifirmative action standards
provided in paraqraphs 7a through p cf these specifications. The goals set
fiorth in the solicitation from which this contract resulted are expressed as
percentages of the total hours of employment and training of minority and female
utilization the contractor should reasonable be abie to achieve in each
construction trade in which it has employees in the covered area. Covered
construction contractors performing constructicn trade in which it has employees
in the covered area. Covered construction con;ractors perfiorminq construction
work in a geograohical area where they do not have a Federai or federally
assisted construction contract sha?1 apply the minority and female qoals
established `or the geographicai area where the work is being performed. Goals
are published periodicaily in the Federal Register in notice from, and such
notices may be obtai�ed from any orfice of Federal Contract Compliance Programs
office or from Federal procurement con:racting ofificers. The contractor is
expected to make substantially uniform proqress towards its goais in each craft
during the period specified.
5. Neither the provisions of any coliective bargaining agreement nor the
failure by a union with whom the contractor has a collective bargaininq
aqreement to refier either minorities or women shall excuse the contractor 's
obligations under these specifications, Executive Order 11246, as amended , or
the regulations promulgated pursuant thereto.
, 6. In order for the nonworking training hours of apprentices and trainees to
be counted in meeting the goals, such apprentices and trainees must be employed
by the contractor duri�a the trai�ing pericd and the centractor must have made
a commitment to employ the apprentices and trainees at the compietion oT ttieir
training , subject to the availability of employmeni opportunities. irainees
must be trained pursuant to traininq proqrams by the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure EcO. The
evaluation of the contractor 's compliance with these speci{ications shall be
based upon its etfort ta achieve maximum results from its actions. The
contractor s�all decument tnese eftorts Tully and shall impiement affiirmative
action steps at least as extensive as the �ollowing :
a. Ensure and maintain a working environment firee of harassnent,
intimidation, and coercian at all sites, and in ali facilities at which the
contractor 's employees are assiqned to work. The contractor, where possibie,
will assiqn two or more women to each censtruction project. The contractor
shall specifiically ensure that ail `oremen, superintendents, and other onsite
supervisory personnel are aware ofi and carry out the contractor 's obligation to
maintain such a workinq environment, with specific attention to minority of
fiemale individuais workinq at such sites or in such facilities.
b. Estabiish 3nd maintain a current list ofi minority and female
recruitment sources, provide written notification to minority and female
recruitment sourczs and to community organizations wnen the contractor or its
unions have emoloyment opportunities available, and maintain a record of the
organizations ' responses.
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[, Maintain a current file of the names, addresses, and telephone numbers
of each minority and fiemale off-the-street applicant and minority or female
referral from a union, a recruitment source, or community organization and of
what action was taken with respect to each such individual. Ir such individual
was sent to the union hiring hall for refierrai and was not referred back to the
contractor by the union or, if referred, not employed by the contractor, this
shall be documented in the file with the reason therefiore along with whatever
additional actions the contractor may have taken.
d. Provide immediate written notifiication to the Director wh=n the union
or unions with which the contractor has a collective bargaininq agr=ement has
not referred to the contractor a minority person or woman sent by the
contraCtor, or when the contractor has other information that the union reTerral
process has impeded the contractor's effiorts to meet its obligations.
e. Develop on-the-jo5 training opportunities and/or participate in
training programs for the area which exoressly include minorities and women,
including upgradinq programs and apprenticeshi� and trainee programs �e?2vant
to the ccntractor's employment needs, especially those programs funded or
approved by the Department of Labor. The contractor shall provide notice ot
these programs to the sources compiled �nder 7b above.
f. Disseminate the contractor 's EEO policy by providing notice of the
policy to unions and traininq programs and requesting their cooperation in
assisting the contractor in meeting its EEO obiigations; by including it in any
policy manual and collective bargaining agr=ement; by publicizing it in the
company newsoaper, annual report, etc. ; by specific review of the policy with
all management personnel and with all minority and female employees at least
once a year; and by posting the company EEO policy on bulletin boards accessible
to all employees at each location where constructicn work is performed.
g. Review, at least annually, the company 's EEO policy and affirmative
action obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination, or otner employment
detisions including specifiic review ofi these items with onsite su�ervisory
personnel such as superintendents, general foremen , etc. , prior to the
initiation of construction work at any job site. A written record shall be made
and maintained identifiying the time and place ofi these meetinqs, persons
attendinq, subject matter discussed, and disposition of the subJect matter.
h. Disseminate the contractor's Ec0 policy externally by including it in
any advertising in the news media, specifically including minority and �emale
news media, and providing written notification to and discussing the
contractor 's EEO policy with other contractors and subcontractors with whom the
contractor does or anticipate aoing business.
i. Direct its recruitment effiorts, both oral and written, to minority,
female, and community orqanizations, to schoois with minority and Temale
students; and to minority and female recruitment and training orgariza;ions
serving the contractor 's recruitment area and employment needs. Uot later t�an
one month prior to :he date for the acceptancz of applications ror
apprenticeship or other training by any recruitment sour�e, the contractor shall
send written notification to organizations, suc� as the abcve, Cescri5inq ttie
openings, screenino procedures, and :ests to be used in the selection process.
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j. Encouraqe present minority and female employees ;o recruit other
minority persons and women and, where reasonable, provide after school, summer,
and vacation emplorment to minority and female, youth both on the site and in
other areas of construction 's workforce.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
1 . Conduct, at least annually, an inven;ory and evaluation, at least of
all minority and female personnel , for promotional opportunities and encourage
these employees to seek or to prepare for, through appropriate training, etc. ,
such opportunities.
m. Ensure that seniority practices, job classifications, work
assignments, and other personnel practices do not have a discriminatory affect
by tontinually monitorinq all personnel and employment rela:ed activities to
ensure that the EEO policy and the contractor 's obligations under these
specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated
except that separate or single-user tailet and necessary changing fiacilities
shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers fior
subcontracts from minority and female construction contractors and suppliers,
including circulation of solicitations to minority and female contractor
associations and other business associations.
p. Conduct a review, at least annually, ot ali supervisors ' adherence to
and performance under the contractor 's EED policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations which
assist in fulfilling one or more of their affirmative action obliaations (7a
through p) . The efiforts of a contractor association, joint contractor-union,
co�tractor-community, or other similar groups of which the contractor is a
member and particiaant, may be asserted fulfiliing any one or more of its
obligations under 7a through p of these specifications provided that the
contractor actively participate in ;he group, makes every effort to assure that
the qroup has a positive impact on the employment of minorities and women in the
industry, ensures that the concrete benefits of the program are refilected in the
contractor 's minority and `emale workforce participation, makes a good faith
effort meet its individual qoals and timetables, and can provide access to
documentation which demonstrates the e#fectiveness of actions taken on behalf
ofi the contractor. The obligation to comply, however, is the contractor 's and
failure of such a group to 'ulfill an obligation shall not be a defense for the
contractar 's noncompliance.
9. The contractcr is reGuired to provide cE0 and to take affirmative action
for all minority groups, �oth male and female, and all women, both minority and
non-minority. Consequently, the contractor may be in violation of the executive
order if a par:icular qroup is employed in a substantially disparate manner.
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10. The contractor shall not use the goals and timetables or affirmative action
standards to discriminate aqainst any person because of race, color, religion ,
sex, or national oriqin.
11. The contractor shall not enter into any subcantract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246, as
amended.
12. The contractor shall carry out such sanctions and penalties for violation
of these specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontract as may be
imposed or ordered pursuant to Executive Order 11246, as amended , and its
implementing regulations, by the OFCCP. Any contractor who fails to carry out
such sanctions and penalties shall be in violations of these specifications and
Executive Order 11246, as amended.
13. The contractor, in fulfilling its obligations under these specifitations,
shall implement specific affirmative action sieps, at least as extensive as
those standards prescribed in paraqraph 7 of these specifications, so as to
achieve maximum results from its efforts to ensure ecual employment opportunity.
If the contractor fails to comply with the requirements of the executive order,
the implementing regulations, or these specifications, the Di�ector shall
proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all
employment related activ:ty to ensure that ttie company EEO policy is beinq
carried out, to submit reports relating to the provisicns hereof as may be
required by the Government, and to keep records. Records shali at least include
for each employee, the name, address, telephone number, construction ;rade,
union afifiliation, if any, employee identification number when assigned, social
security number, race, sex, status {e.g. , mechanic, apprentice, trainee, helper,
or laborer) , dates of chanqes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Retords
shall be maintained in an easily understandable and retrievabie `orm; however,
to the degree that existing records satisfy this requirement, contracto�s sha?1
not be required to maintain separate records.
15. tJothing herein previded shall be construed as a iimitation upon the
application of the laws which establish different standards of compliance or
upon the application of requirements for the hiring o` lccal er other area
residents (e.q. , those under the Public tJorks E:nployment Act or 1977 and the
Community Development Block Grant Proqram) .
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*SECTION C (DOT Title VI Requirements)
2.22 During the perfarmance of this contract, the contractor, fior itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor" ) aqrees as follows:
a. Compliance with Requlations. The contractor shail comply with the
Regulations relative to nondiscrimination in Federally-assisted programs of the
Department of Transportation (hereinaf:er, "DOT" ) Title 49, Code of Federal
Regulations Part 21, as they may be amended from time to time ( hereinafter
refierred to as the Re�ulations) , which are herein incorporated by reference and
made a part of this contract.
b. Nondiscrimination. The contractor, with regard to the work performed
by it during the contract, shall not discriminate on the grounds of race, color,
or national origin in the selection and retention or subcontractors, inc:uding
procurements of materials and ?eases of equipment. The contractor shall not
participate either directiy or indirectly in the discrimination prohibited by
section 21 .5 of the Requlations, includinq employment practices when the
contract covers a program set for;h :n Appendix B of tne Reguiations.
c. Solicitations Tor Subcontracts, Includinq Procurements of Materials
and Equipment. In all solicitations either by competitive biddinq or
negotiation made by the contractor for work to be performed under a sub-
contractor, includinq procurements of materials ar leases of equipment, each
potential subcontractor or supplier shail be notified by �ne contractor of the
contractor's obliqations under this contract and the Requiations relative to
nondiscrimination on the qrounds of race, color, or national origin.
d. Tnfcrmation and Reports. The contractar shall provide all inTormation
and reports required by the Regulations or directives issued pursuant thereto,
and shall permit access to its books, records, accounts, other sources of .
information, and its facilities as may be determined by the sponsor or the
Federal Aviation Administration (FAA) to be pertinent to ascertain compliance
with such Reguiations, orders, and instructions. Where any infiormation required
of a contractor is in the exclusive possession of another who rails or refuses
to furnish this information , the con;ractor �hall so certify to the sponsor of
the FAA, as aopropriate, and shall set forth what efforts it has made to obtain
the information.
e. Sanctions for Noncomoliance. In the event of the contractor 's
noncompliance with the nondiscrimination provisions of this contract, the
sponsor shall impose such contract sanctions as it or the FAA may determine to
be appropriate, including, but not limited to:
(1 ) Withholding of payments to the c�ntractor under the contract
until the contractor complies, and/or
(2) �anczllation, :ermination or suspension of ;he contract, in whole
or in part.
C-21
9005-01
f. Incorporation of Provisions. The contractor shall include the
provisions of paragraphs a ttirough e in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Requlations or directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as the sponsor or the
FAA may direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request the sponsor to enter
into such litiqation to protect the interests of the sponsor and, in addition ,
the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
C-22
9005-01
Part IV (Disadvantaged Business Enterprise Participation)
Policy. It is the policy of the Department of Transportation (DOT) that
disadvantaged business enterprises as defined in 49 CFR Part 23* shall have the
maximum opportunity to participate in the performance of contracts `inanced in
whole or in part with Federal funds under the aqreement. Consequenily, the DBE
requirements of 49 CFR part 23 apply to this aqreement.
DBE Obligation. The contractor agrees to ensure that disadvantaged business
enterprises as defiined in 49 CF� Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in whole
or in part with Federal funds provided under this agreement. In this regard
all contractors shall take all necessary and reasonable steps in accordance with
49 CFR Part 23 to ensure that disadvantaqed business enterprises have the
maximum opportunity to compete for and perform contracts. Contractors shall not
discriminate on the basis of race, coior, national oriqin or sex in the award
and performance of DOT-assisted contracts.
Compliance. All bidders, potentiai contractors, or subcontractors for this
DOT-assisted contract are hereby notified that failure to carry out the DOT
policy and DBE obliqation, as set fiorth above, shall constitute a breach of
contract which may result in termination af the contract or such other remedy
as deemed appropriate by the recipient.
C-23
9005-01
Y
`� . �
August 24,1990
PROPOSAL FORM FOR DIVISION A
Gentlemen:
The undersigned hereby certified that he has examined the form of contract plans
and apecificationa for: TaxiWay Signage, Hangar Access TaaciWayB, And Aasociated
Improvements, and has examined the sita of the Work, and is familiar With local
conditions pertaining to the Work.
The undersigned in compliance with your information and instructiona to Bidders
dated hereby proposes to do the Work called for in said contract
and specifications and shown on said plans, and to furniah all materials, tools,
labor and all appliances and appurtenances necessary for the said work at the
follocaing rates and pricea:
Bstimated Hstimated
� T�acription nd Pri _ _ lWorda) 9uantitv -- Coat
1 P-152-4.1 Unclasaified Sxcavation �
at the unit price of S/X
ao�i�s �a ,�/dE
_ cents ($ �. o S ) per cubic yd. 2�100 2 DS. 00
�='.2 P-209-5.1 Crushed Aggregate Base Courae
_�-� -- at the unit price of �LE✓�it1
-=- � ` dollars and SE��iv>ti- .�i!/E � � ._
...._
- - _ _ centa ($ 1l.7S ) per ton ' � 1.032 �Z /' Z(�,oD
3 P-401-6.1 Bituminous Surface Courae
at the unit price of �oR�!- E/4h'T
dollars and �/�T�l
cents ($ 4B. So ) per ton 960 lo �60.Dc�
4 P-401-6.2 Asphalt Cement
at the unit price of o.irE �/d�Y Fl�. FifT�
dollars and �ya
cents ($ /S'D. Oo ) per ton 58 �O �D
5 P-602-5.1 Bituminous Prime Coat
at the unit price of m.+/E
dollars and
ce�ts ($ /. 50 per gal. 1�505 2.Z $7•SD
6 D-701-5.1 12-Inch RCP Clasa III -
at the unit price of T�//.t�T�-T�5/.f�E"� ' • .
- dollars and NO
cents (� �3, oo ) per lin. ft. 26 8 S$.00
�
? D-701-5.2 15-Inch RCP Class III
at the unit price of T� ��vT'�/�S/X
dollars and G�2 Ttif � z �4��
centa (; �b• � ) per lin. ft. 4B i
_ _ __ DIVISION A
__ /��/n/�/v� �, / M7l�C TO/�S
�
8atimated gatimated
� I�acription and Price (Words� G�uantitv Coat
8 I�751-5.1 Inlet
at the unit price Of 0/V� Ti�/OLlSAN�. SEYJEN /�✓rYff,�ED,E/4h�T�
dollare and n/t�
centa ($T '780. oo ) per each 1 /, 7$D•D�
9 D-751-5.2 Manhole oi1lE 7�/ous�,v.p, TF�
at the unit price of Nv�D�El� _ T��t/
dollars and �/ n
centa ($ /. z /o. oc ) per each 1 � 2 /D.DD
10 D-752-5.1 Conc. Flared Bnd Section - 15"
at the unit price of F�✓� Nv�oi�e��
dollara and N D
cents ($ SDO. Oo ) per each 1 S�O.oO
11 T-901-5.1 Seeding �t/iNE /�t�iy�i�E.v, -
at the unit price of �'/4�Ti� --Fi�/� -
- - _ dollars and LSlv
---_- �_-_: cents ($ �R S,oo ) per acre 3 z SS.Co _
` 12 � r=. T-908-5.1 Mulching SE✓�n/ Ni�iY�I> - _- _ _ _- -
_ .. _ _
: --�- '- -- �._ at the unit price of FiFT?-� � � - - -
-� = dollars and _�/� _ -
- _ = cents ($ �750- �a ) per acre � 3 � -; Z�Z SO.�
__ ___
- -==13 :�.- : P-620-5.1 Pavement Marking _ _ _---
-- _._.
�at the unit price of t�NC—
_:- dollars and �/�
cents ($ 1 • OD ) per square ft. 280# Z,.80.�D
TOTAL BID O
=This quantity is for the marking of the neWly constructed taxiWay only.
.
_ - -- -_- - __� • . .
DIVISION A _ , _. -
- �:�� - --
��
The undersigned understands that the above quantities of work to be done are
approximate only and are intended principally to serve as a quide in evaluating
the bids.
It is understood that the schedule of minimum wage rates, as establisheG by the
Secretary of Labor and included in the Specifications, are to govern on this
project, and that the undersigned certifies that he has examined this schedule
of waqe rates and that the prices bid are based on such established wage rates.
. �
• The undersiqned hereby assures that he will make sufficient reasonable efforts
to meet the DBE goals, and assures that he will meet the "DBE participation
percentaqes stated below:
Firms owned and controlled by DBE 's - 10 ;,
The undersigned also assures that he will include the DBE clauses required by
the sponsor 's DBE Program in all subcontracts which offer subcontracting
opportunities.
The bidder shall complete the following statement by checking the appropriate
blanks:
The Bidder has ✓ has not participated in previous contract subject
to the equal opportunity clause prescribed by Executive Order 10925, or
Executive Order 11114, or Executive Order 11246.
_ The Bidder has �as not submitted all com liance r
connection with any such contract due under applicable fi i ing requirements;�
and that representations indicating submission of required compliance
reports signed by proposed subcontractors will� be obtained prior to award
of subcontracts.
If the Bidder has participated in a previous contract subject to the equal
opportunity clause and has not submitted compliance reports due under
applicable filing requirements, the Bidder shall submit a compliance report
on Standard Form 100, "Empioyee Information Report EEO-i" prior to the
award of contract.
Standard Form 100 is normally furnished contractors annually, based on a mailing
Iist currently maintained by the Joint Reporting Committee. In the event a
contractor has not received the form, he may obtain it by writing to the
following address:
Joint Reporting Committee
1500 G Street
t�ashington, D.C. 20506
The undersigned certifies that he does not main•[ain or provide ror his empioyees
any segregated facilities at any of his establishments, and that he does not
permit his employees to perform their services at any location, unaer his
control , where seereoated facilities are �naintained, ine undersionea
agrees that a breach of this certification is a v:olation of ?he squal
9005-01 B-36
opportunity clause in this contract. As used in this certification, the term
"Segreqated facilities" means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eatinq areas, timeclocks, locker rooms and
other storage or dressinq areas, parking lots, drinking fountains, recreation
or entertainment areas, transportation, and housinq fiacilities provided for
employees which are segregated by explicit directive or are in face segreqated
on the basis of race, color, religion, or national origin„ because of habit,
lotal custom, or other reason. The undersiqned areas that (except where he has
obtained identical certifications from proposed subcontractors for speciTic time
periods) he will obtain identical certifiications from proposed subcontractors
prior to the award of the equal opportunity clause, and that he will retain such
certifications in his files.
The undersigned agrees, upon written notice ofi the acceptance of this bid, that
he will execute the contract in accordance with the bid as accepted and give
contract (performance and payment) bond on attached forms within ten (10) days
after the Notice of Award.
The undersigned further agrees that if awarded the contract, he will commence
the work within ten (10) calendar days after the receipt of a notice to proceed
and that he will complete the work within 120 calender days of the notite to
proceed. An extension of time may be allowed when extra or additional work is
ordered by the OWNER. A calendar day is any day shown on the calendar.
As an evidence of good faith in submitting this proposal, the undersigned
encloses a certified check or Bid Bond in the amount of g 7 which, in �
case he refuses or fails to accept an award and to enter into a contrac: and
file the required bonds within the prescribed time, shall be forfeited to the
City of Cape Girardeau as liquidated damages. �
To satisfy Clean Air and Water Pollution Control Requirements on all Construction
Contracts and Subcontracts exceeding 5100,000, Contractors and Subcontractors
agree:
1. That any facility to be used in the performance of the contract or to �
benefit from the contract is not listed on the cnvironmental Protection
Agency (EPA) list of Violating facilities.
2. To comply with all the requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal Water Pollution Control Act and all
requlations issued thereunder.
3. That as a condition for award of a contract he shall notifiy the awarding
official of the receipt of any communication from the EPA indicatinq that
a facility to be utilized for performance of or benefit from the contract
is under consideration to be listed on the EPA list of Violating Facilities.
4. To include or cause to be included in any contract or subccntrac{ which
exceeds 5100,000 the aforementioned cri:eria and requirements.
9005-01 B-37
By entering into this contract, the contractor certifies that neither it inor
he or she) nor any person or tirm who has an interest in the contractor 's Tirm
is a persons or firm ineliqible to be awarded Government contracts by virtue of _
section 3 (a) of the Davis-Bacon Act or 29 CFR 5.12 (a) (1 ) .
No part of this contract shall be subcontracted to any person or firm ineliqible
for award of a Government contract by virtue of section 3(a) of the Davis-nacon
Act or 29 CFR 5.12 (a) (1) .
The undersiqned hereby declares that the only parties interested in this proposal
are named herein, that this proposal is made without collusion with any other
person, firm, corporation, officer or agent of the OWNER who is directly or
indirectly financially interested in this bid.
Certification - The information above is true and complete to the best of my �z
knowiedge and belief.
�m� ��c� �,���,e.D T, �'� e c- ./�,e�=s.
Name and Title of Signer (Please Typej
n � �_,� 9D
Si 'ature Date
� NOTE: The penalty for making false statements in ofifers is prescribed in 18
USC 101. _ -
,
�
�-.
�
.
9005-01 8-38