HomeMy WebLinkAboutRES.567.09-24-1990 � .
BILL N0. 90-224 RESOLUTION N0. _���.Z—
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO
A CONTRACT WITH RELI ELECTRIC FOR AIRFIELD
SIGNAGE AND PAINTING OF RUNWAY 2/20 AT THE CAPE
GIRARDEAU MUNICIPAL AIRPORT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLO[n7S :
ARTICLE l . The Mayor , for and on behalf of the City of Cape
Girardeau, Missouri , is hereby authorized to enter into a contract
ti7ith Reli Electric for airfield signage and painting of Runway
2/20 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 2�;�LL DAY OF , 19 qD
rancis E. Rhodes, Mayor
ATTEST:
. �-�(.�
Juli A. Dale
Dep y City Clerk
CONTRACT
STATE OF
CITY OF
THIS AGRE�MENT, made and entered into this day of ,
19 by and between the City of Cape Girardeau, Missouri , Party of the First
Part, hereinafter called the OWNER and
Party c� the Second Part, hereinafter calied
the CONTRACTCR.
WITNESSE7H iHAT:
WHEREAS, the OWNER has calied for bids Tor the construction of Airport
Improvements as set out in the Specifications and Plans.
WHEREAS, the CONTRACTOR is the lowest and best bidder for the construction
or said improvemen:s hereinafter set aut, pursuant to the published calls �or
bids under said P?ans and Specifications.
NOW THEREFORE, the CONTRACTOR AGREcS WITH THE Owner to commence and complete
the construction of taxiways, sign installation, and pavement marking, inc:uding
site grading , drainage, earth embankment, turfing, electrical improvements and
other tasks as designated in the Project �lans and Specifications for the prices
bid in the Proposal , based upan the estimated quantities, the total being _
such sum being the agreed amount upon which bonds and liabilities are based,
and at his own cost and expense furnish ail materials, supplies, labcr,
�achinery, equipment, tools, supervision, 5onds, insurance, taxes, permits, and
other accessories and servic2s necessary to complete the said construction in
actordance with the conditions and prices stated in the Proposal attacned hereto
and made a part hereof, and in accordance with tne General Provisions ar.d
Specifications, and in accordance with the Plans, which include ail maps, plats,
blueprints, and other drawings, and writtzn or prinied explanatory matter hereof.
The CONTRACTOR agrees to fiully complete ali work under ;his Contract 5y
The O�NER agrees to pay the CONTRAC70R in correct
funds for the per7ormance of 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 practicable after tne fiirst of each caiendar month, the O�hcR
will make partial payments to the CONTRACTOR for work perfcrmed durinq the
preceding calendar month, based upon the Engineer 's estimate or work completetl ,
said estimate oeinq certified by the CONTRACTOR and accepted by the O�NE�.
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Except as otherwise provided by law, ten percent ( 10�) of each approved estimate
shall be retained by tne OWNER or his representative. Upon f:nal compietion and
acceptance by the OWNER and ENGINEER, the ENGINEER shali then issue a �inal
Estimate of work done based upon the original contract and subsequent changes
made and agreed upon, if any.
Time is hereby expressiy declared to be of the essence of this contract,
and the time of beginning , manner of proqress and time of comoletion 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 Uotice to Proceed, and :o proceed with the
construction of the work and to prosecute the work with an adequate `orce and
in a manner so as to complete the work within the time stipu:ated herein . If
the Contractor fails to complete the contract within the time st:�ulated herein,
the CONTRACTOR agrees to pay the OWNER, as liquidated damages, the sum of Six
hundred dol?ars per day tor 2ach calendar day ot delay in cempletion, said
amounts being fixed and agreed upon by and between the parties hereto. ?ecause
of the impract;cahility and zxtreme difficulty in fiixinq ard ascer;air,ing ;he
actual damages tne OWNER would in such event sustain, said amounts are to be
�resumed by the parties to this contract to be the amounts of damage the OWNER
would sustain. Said amounts or liquidated damaqes sha:l be deductible trom any
amount due the CONTRACTOR under Final Estimate of said work, after the completion
thereof, and CONTRACTOR shall be entitled only to the finai Estimate, less such
amounts of liquidated damages.
If the CONTRACTOR is delayed at any time in the progress oT the work cy
any act or neglect of the OWNER or of his employees, or by any other CONTRACTOR
employed by the GWNER, or by chang=s ordered in the work, or oy strikes,
lockouts, fire, unusual delay in transportation, unavoidabie casuaities or any
causes beyond the CONTRACTOR's control, or by delay authorized by the cnoineer
pending arbitration, or by any cause which ;he Engineer shall decide to justify
the de?ay, then the time ofi compietion may be extended ror such reasonable time
as the Engineer may decide.
No such extension shall be made for delay occurring more than seven (7)
days before a claim therefore is made in writinq to the �nginzer. in �he case
of a continuing cause of delay, only one claim is necessary.
In the event the CONTRACTOR abandons the work hereunder or fai:s, neg:ects
or refuses to continue the work after ten (10) days written notice, given the
CONTRACTOR by the O�NER or by the ENGIhEER, then the CWNER shall have tne option
of deciaring this contract at an end , in which event, the u�NE� sra?1 not be
liable to the CONTRACTOR ficr any work theretofore performed hereunder; or
requiring the surety hereto, upcn ten (10) days noti�e, to comp:ete and carry
out the contract of the CONTRACTOR, and in that event, should the surety T311 ,
neglect or refase to car�y out said contract; said OWtiE� �aay tomplete the
contract at its own expense, and maintain an action against the CONTRACTOR and
the surety hereto for tne actuai cost of same; together wi:h any damaqes or
other expense sustained er incurred by the OWNER i� completing ttiis contract
less the tctal amount provided �or hereunder to be paid the CONTRACT�R, upon
the completion of this Contract.
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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, Paraqraph 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 �HEREOF, the Party of the �irst Part and the Party of the Second
Part, respectively, have caused this aqreement to be duly executed in day and
year first herein written in copies, all of which to ali
intents and purposes shali be considered as the original .
SPONSOR, Party of the First Part
City of Cape Girardeau, �issouri
A7TEST: BY:
Mayor
Secretary (Seal)
ATTEST: CONTRACTOR, Part of Second Part
BY:
APPROVED AS i0 rORM:
Offiice or Pcsition of Signer
City Attorney
CERTIFICATt Or" DIRECTOR Or rINANCE
I certify that the expenditure contemplated by this document is within the
purpose ofi the appropriation to which it is to be charged and there is an
unencumbered balance of appropriated available funds to pay therefore.
Dir=ctor ofi Fi�ance
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PERFORMANCE, LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE 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 ofi Cape Girardeau,
Missouri , and for the lawfui payment of said sum we, and each ot us, hereby bind
ourselves, our heirs, our executors, administrators, successors and assigns
firmly be these present.
The Condition of this bond is such that:
WHEREAS, the above-named principal did on the day of ,
19_, enter into a contract with the City ofi Cape Girardeau, t�issouri , Tor:
iaxiway Siqnage, Hangar Access iaxiways, And Associated �mprovements
tJOW, THEREFORE, if the above-named principal shall well and truly:
1. Keep and perform all of the contract of his, its or their part to be kept
and performed, and faithrully comply with all of the laws ot the State of
Missouri and all the ordinanc=s 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 wi�hin a reasonable
time if not time is stipulated; and,
2. Pay for any and all maierials, lubricants, oil , gasoline, grain, hay, feed,
coal and coke, repairs on machinery, groceries and foodstuffs, equipment and
tools consumed cr used in connection with the construction of the work
aforedescribed, and ail insurance premiums both ror compensation and ror all
other kinds of insuranc= on said work above descrioed, 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 tne contract (if a prevailing hourly rate oT wages snall have been
so specified) .
Then this cbi:gation shail be void, otherwise it shail remain in tuli fcrc= and
effect.
It is understood and agreed that this bond is executed and furnished unaer the
provisions of Code.
It is understocd and aqreed that this bond stiall not be voided because of
chanqes in the p'.ans or ;pecifications for the work, or because of extensions
of time ?or the performance of work, and the surety above-ramed does hereby
waive notice of and dees hereoy consent to any such cnanqes or extensions of
time.
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It is understood and agreed that any person entitled to payment for any of the
matters upon which this bond is conditioned shali 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, Missouri, under this bond, ttie City may in case of default 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 defiault 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 of such default or abandonment and to therearter
within sixty (60) days firom the date of such notice proceed toward compietion
without undue delay of the improvement in accordance with the contract
aforesaid; and in the event of defiault on the part of the surety to proceed to
complete as aforesaid the City of Cape Girardeau, Missouri , shali have the
right:
(a) To itselT 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 of new plans, contracts, etc. , and all
other ordinary and reasonable expenses in connection with c�mpletion
of the work; or,
(b) At the election ofi t;�e City of Cape Girardeau and if the improvement
is to be paid for by issuance or special tax biils, :he City may relet
the contract, and in payment of said new contract, issue special tax
bills upon the completion of }he work, and the said City of Cape
Girar�eau, Missouri , is hereby appointed and constituted trustee for
and on behalf of the property owners aTfected by said contrac: :o
collect, and if necessary, sue on behalr ot such property owners for
any loss they may sustain by reasons of :he pri�cipal '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 ali rignis to venue
inconsistent therewith.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day ofi
, 19_, or have caused these presents to be executed by
our authorized agent on the same day and year.
Conira�tor:
�y:
Surety:
�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 ProJett No. 3-29-4013-04, which is being
undertaken and accomplished by the City ofi Cape Girardeau in accordance wi:h the
:erms and conditions of a grant agreement between the City ofi Cape Girardeau and
the llnited States, under the Airport and Airway Development Act ofi 19�0 (8G
Stat.219) and Part 152 of the Federal Aviation Regulations ( 14 CFR Par; 152) ,
pursuant of which the United States has agreed to pay a certain percentage of
the costs of the project t�at are determined to be allowable project costs under
the Act. The United States is not a party to this contract and no reference 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 States, by the contract,
makes the United States a party to this cent�act.
2.02 Consent of Assianment. 7he contractor shall obtain the prior writ:en
consent of the City of Cape Girardeau to any proposed assianment of any interesi
in or part of this con;ract.
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) , preference shall be given to
qualified individuals who have served in the miiitary service of the United
States (as defiined in Section i0? (i ) of the Soldiers and Sailors ' Civil �eliefi
act of 1940 (50 U.S.C. App. �O1) and have been nonorabiy discharged `rom ttie
service, except that preference may be given only where the labor is avaiiabie
locally and is qualified to perform the work to wnich the empioymen+ relat2s.
2.05 Withholdinq: Sponsor from Contract. Whether ar not payments or
advances to the City of Cape Girardeau are withheld or suspended by the FAA, the
City of Cape Girardeau may withhold er cause to be withneld from ;he contractor
sa much of the a=crued payments or advances as may be considered necessary to
pay laborers and mechanics employed by the con:ractor of any subcontractor on
the work the ful: amount of wages required by this contraci.
2.06 Nonpayment oT Waaes. If the contractor of subcontract faiis to pay
any ?aborer or mechanic employ=d or working on the site of the work any of ;he
wages required by this contract the City ofi Cape Girardeau after written notice
to the contractor, may take such acticn as may be necessary to cause the
suspension ofi any furttier payment or advance of fiunds until the violations
cease.
2,07 �AA inspection and Review. The contractor snali allow any authorized
representative of the rAA to inspect and review any work or materials used in
the performance of this contract.
2.08 Subcontracts. The contrac:or shall irsert in each oT his subcontracts
the provisions contained in paraqraphs 2.01 , Z.03, 2.04, 2.U6, and 2.07, and
also a clause requiring the subcontrac:ors to include these provisions in any
lower tier subcontracts which they may en;er into, together with a c:ausz
requiring this insertion i� any fur:her subcontrac:s that may in turn be made.
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2.09 Contract Termination. A breach of paragraphs 2.06, 2.07, and 2.08 may
be grounds for terminations of the contract.
#SECTION B (Secretary of Labor Requirements)
2.10 Minimum waoes.
(i) All laborers and mechanics employed or workinq upon the site of
tfie work, will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CrR Part 3) , the fiull amount of wages and bona fide
firinqe benefits (or cash equivalents thereof) due at time of payment computed
at rates not less than those contained in the wage determination ofi the
Secretary of Labor which is attached hereto and made a part hereofi, regardless
of any coniractual relationship which may be alleged to exist between the
contractor and such laborers and methanics. Contributions made or costs
reasonably anticipated for bonafide tringe benefits under section 1 (b) (2) of
the Davis-�acon Act on behalf of laborers or mechanics are considered waqes paid
to such laborers or mechanics, subject too the provisicns of paragraph (2. 10)
(iv) of this section; also, regular contributions made or costs incurred for a
more than a weekly period (but not less of;zn 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. Sucfi laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the
wage determination for the classification ofi work actually performed without
regard to skill, except as provided in paragraph 2.13. Laborers or mechanics
performing work in more than one classification `or the time actually worked
therein: Provided, that the employer 's payroll records accurately set forth the
time spent in each classiTication in which work is performed . The waqe
determination (including any additional classification and wage ratas conformed
under paraqraph (ii) of this section) and the Davis-Bacon poster (WH-1321 ) shall
be posted at all times by the contractor and its subcontractors at the site of
the work in a pr�minent and accessible place where it can be easily seen by the
workers.
7he contractor shail forfeit as a penalty to the City of Cape
Girardeau ten dollars for each worker employed, fior each calendar day, or
portion thereoT such worker is paid less than the said stipulated rates for any
work done under said contract, by the contractor or by any sub�ontractor under
them.
In ail contractor 's bonds that the contractor shall include such
provisions as will guarantee the faithful performance of the prevailinq hourly
wage clause as provided by contract.
The contractor snail forward PW 1000 to the Division of Labor
Standards upon contract award .
(ii ) (A) The contracting 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 snall be classified in conformance with
the waqe determination. The contracting officer shall 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 ciassification requested is not
performed by a classification 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 beneTits, bears
a reasonable relationship to the wage rates contained in the wage determination.
(H) If the contractor and the laborers and mechanics to be employed in
the classification (if known) , or their representatives, and the contractinq
officer agree on the classification and wage rate ( including the amount
designated for `ringe benefits where appropriate) , a report off the action taken
shall be sent by the tontracting officer to the Administrator of the Wage and
Hour Division , Employment Standards Administration , U.S. Department of Labor,
Washington, D.C. 20210. The administrator, or an authorized representative,
will approve, modify, or disapprove every additional classification action
within 30 days or receipt and so advise the contracting officer or will notiTy
the coniracting orficer or will notify the contracting officer within tne 30-day
period ihaf additional time is necessary. (Approved by the Gffice of Manaqement
and Budget under OMB control number 1215-0140. )
(C) In the event the contractor, the laborers or mechani�s to be employed
in the classification or their representatives, and the ccntracting officer do
not agree on the proposed classification and wage rate ( including the amount
designated fior fringe benefits, where appropriate) , the contracting of�icer
shall refer the questions, including the views of all interested parties and
the recommendation of the contracting officer, to the Administrator for
determination. The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the contracting oTficer
or will notify the contracting officer within the 30-day period that additionai
time is necessary. (Approved by the Office of Management and Budoet under OMB
control number 1215-0140. )
(D) The wage rate ;including fringe benefits where appro�riate) determined
pursuant to subparagraphs (1 ) i$) or (C) of this paragraph, shall be paid to all
workers performing work in the classification under this contract Trom the first
day on which work is perforrned in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract Lor 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 fiide fringe benefit or an hourly
cash equivalent thereof.
( iv) Ifi the contractor does not make payments to a trustee or other third
persan, the contractor may consider as part of the wages of any laborer or
mechanic the amount ofi any costs reascnably anticipated in providing bona fide
frinqe benefits under a plan or proyram, provided , that the Secretary of Labor
has found, upon the writ:en request of the contractor, that the applicable
standards of the Davis-Bacon Act have been Tet. The Secretary or Labor may
require the contractor to set aside in a separate account assets for the meeting
of obliqations under the plan or program. (Approved by the Office of ��anagement
and Budget under 0�9 control number 1215-0140. )
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2.11 �ithholdinq. 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 contracior under this contract or any other
Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to Davis-Eacon prevailinq wage requirements, which is held by
the same prime contractor, so much of the accrued payments or advances as many
be considered necessary to pay 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 nctice 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 Payrolls and basic records
(i) Payrolls and basic records relatinq thereto shall be maintained by
the contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site ofi the work.
Such records shall contain the name, address, and social security number of each
such workers, his or her correct classification , hourly rates of wages paid
(inciuding rates of contributions or costs anticipated for 6ona fiide firinge
benefits or cash equivalents thereof of the types described in section 1(b) (2)
(B) of the Davis-Bacon Act) , daily and weekly number of hours worked, deductions
made and actual waqes paid. �henever the Secretary of Labor has found under 29
CFR 5.5 (a) ( 1 ) (iv) that the wages of any laborer or mechanic include the amount
of any costs reasonably anticipated in providing benefits under a plan or
proqram described in section 1(b) (2) (B) of the Davis-Bacon Act, the contractor
shall maintain records which show that the commitment to provide such benefits
is enforceabie, that the plan or proqram is financially responsible, and that
the plan or proqram has been communicated in writinq to the laborers or
mecfianics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices er
trainees under approved proqrams shall maintain written evidence of the
registration of apprenticeship proqrams and certification of trainee proqrams,
the registration of the apprentices and trainees, and the ratios and waqe rates
prescribed in the applicable programs. (Approved by the Office of Management
and Budget under OMB control numbers 1215-0140 and 1215-0017. )
(ii) (A) The contractor shall submit weekly for each week in which any
contract work is per7ormed a copy ofi ail payrolls to the sponsor for
transmission to the FAA. ihe payrolls submitted shall set out accurately and
compietely ali of the information required to be maintained under 5. 5(a) (3) (i )
of Requlations, 29 CFR Part 5. This intormation may be submitted in any form
desired. Optional Form WH-347 is availabie for this purpose and may be
purchased from the Superintendent ofi Documents (rederal Stock Nwnoer
029-005-0014-1 ) , U.S. Government Printinq Office, Washinqton, D.C. 20402. 7he
prime contrac:or is responsible for the submission of copies of payrolls by all
subcontractors. (Approved by the Offi:e of Management and 3udget under OMB
control number 1215-0149. )
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(B) Each payroli submitted shall be accompanied by a "Statement of
Compliance" , signed by the contractor or subcontractor or his or her aqent who
pays or supervises the payment of the persons employed under the contract and
shall certity the following:
(1 ) Zhat 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 helper, apprentice,
and trainee) employed on the contract during the payroll period has been paid
the full weekly wages earned , without rebate, either directly or indirectly, and
that no deductions have been made either directly or ind:rectly from the full
waqes earned, other than �ermissible deductions as set forth in Requlations, 2
CFR Part 3;
(3) That each iaborer or mechanic nas been paid not less than the
appiicable wage rates and frinqe benefits or cash equivalents for the
classification ofi work performed, as specified in the applicable wage
determination incorporated into the contract.
- (C) The weekly submission of a properly executed certification set
fiorth 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) ofi this section.
(D) The fialsification of any of the above certifications may subJect
the contractor or subcontractor to civil or criminal prosecution under �ection
1001 of Title 18 and 5ection 231 of Title 31 or the Uni:ed States Code.
(iii) The contractor or subcontractor shall make the records required
, under paragraph (2.12) (i) of this section available fior inspection, copying or
transcription by authorized representatives of the FAA or the Department of
Labor, and shall permit such representatives to interview empioyees during
working hours on the job. If the contractor or subcontractor fails to submit
the required records or to make them available, FAA may, aTter 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. Furthermore failure io
submit the required records upon request or to make such available may be
grounds fior debarment action pursuant to 29 CFR 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 reqistered
with the U.S. Department of Labor, Empioyment and Traininq Administration,
Bureau of Apprenticeship and Training, or with a 5tate Apprenticeshio Agency
recoqn:zed by the Bureau, or if a person is employed in his or her first 90 days
ofi probationary employment as an apprentice in such an apprenticeship proqram,
who is not individually registered in the program, but who has be�n certiTied
by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency
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(where appropriate) to be eliqible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the )ob site in any craft
classification shall not be greater than the ratio permitted to the contractor
as to the entire work force under the reqistered program. Any worker listed on
a payroll at an apprentice wage ra;e, who is not registered or otherwise
employed as stated abuve, shall be paid not less than the applicable wage rate
on the wage determination for the ciassification of work actually performed.
In addition , any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed.
�here a con;ractor is per�orming construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates
(expressed in percentages ofi the jcurneyman 's hourly rate) specified in the
contractor 's or subcontractor's registered program shall be odserved. Every
apprentice must be paid at not less than the rate spec:fied in the registered
program for the apprentice 's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable waqe determination.
Apprentices shali be paid fringe beneiits in accordance with the provisions of
the apprenticeship program. If the apprenticeship proqram does not specify
fringe benefits, apprentices must be paid the full amount of frinqe benefits
listed on the wage determination for the app?icable classification. If the
Administrater determines ttiat a dififerent practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Buraau of Apprenticeship and Traininq , or a
State Apprenticeship Agency recogni:ed by the Bur=au wi�hdraws approval of an
apprenticeship oroqram, the contractor wi?1 no lonqer be permitted to utilize
apprentices at less than the appiicable predetermined rate for the work
performed until an acceptable proqram is approved.
(ii ) Trainees, except as provided in 29 Cr� 5. 16, will not be
permitted to work at less than the pr?determined rate 7or the work perTcrmed
uniess they are employed pursuant to and individuaily registered in a program
which has received prior approval, evidenced by `ormai c=rtiTication oy the U.S.
Department of Labor, Emoloyment ard Training Administraiion . Tn= ratio or
trainees to journeymen on the jo� site shall rot be greater than permitted under
the plan approved oy the Employment and Training Adminis:ration. Every trainee
must 5e paid 3t nct less than the rate specif:ed in the approved program for the
trainee 's level cf progress, exoressed as a perc=ntage of the journeyman hour?y
rate specified in the applicable waoe determination . Trainees shail be paid
frinqe benefits in accordance with the provisions ofi the trainee proqram, ir
the trainee program dees not mention fringe benefits, :rainees shall be �aid the
fuli amount of `rinqe benefi:s listed on ;he waqe determination unless the
Administrator of the �aqe and Hour Division determines that there is an
apprenticeship pregram associated with the correspondinq journeyman wage rate
on the waqe determination which provides for less than ful: fringe benefiits tor
apprentices. Any employee :isted on the �ayroll at a trainee rate who is not
registered and participating :n a trainirg plan approved by the Employment and
Traininq Administration shall be paid not less than the applicable waqe rate on
the wage determination Tor the classirication or work actually performed . In
addition , any irainee performing worK cn the job site in excess of the ratio
permitted under the registered proqram snail be �aio not less than the
C-11
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applicable wage rate on the waqe determination for the work actually perTormed .
In the event the Empioyment and Training Administration withdraws approval of
a traininq programs the contractor will no longer be permitted to utilize
trainees at less than the appiicable predetermined rate of work performed until
an acceptable program is approved.
( iii ) EGual employment opportunity. The unitization of apprentices,
trainees and journeymen under this part shall be in conformity with the equal
employment opportunity requirements of Executive Order 1124b, as amended, and
29 CFR Part 30.
2.14 Comoliance with Copeland Act Reouir2m?nts. The contractor shall
comply with the requirements of 29 CFR Part 3, which ar= incorporated by
refierence in this contract.
2.15 Subcontracts. The contractor or subcontractor shall insert in any
subcontracts :�e clauses contained in 29 CF� 5. 5 (A) ti ) throuqh ( 10! and sucn
other clauses as the FAA may be appropriate instructions require, and aisa a
clause requiring the subco�tractors to include these clauses in any lower tier
subcontracts. The prime �ontractor shall be responsible `or the compliance by
any subcontractor or lower :ier subcontractor with all the contract clauses in
29 CFR 5.5.
2.16 Contract Termination: Debarment. A breach of the ccntract ciaus2s in
29 CFR 5.5 may be grounds for termination of the contract, and for debarment as
a contractor and a subcontractor as provided in 29 CFR 5.12.
2.17 Compliance with Davis-Bacon and Related ACt Requirements. All ruiinqs
and interpretations of the Davis-3acon and Related Acts contained in 29 CF�
Parts 1,3,5, and are herein incorporated by reference in this contract.
2.18 Disoutes �cncernino Labor Standards. Disputes arising ou; oT the
labor standards provisions of this cantract shall not be sub;ec: to i~e qenerai
disputes clause of this contract. Such dispute shall be r�s�ived in accordance
with the procedures ofi the Department of Labor set rorth in 29 CFR Parts 5,6,
and 7. Disputes within the meaning of this clause include disputes between the
contractor tor any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
2.19 Certification of tiivibilitv.
( i ) By entering into this contract, tne contractor certi�ied :hat
neither it (nor he or she) nor any person or tirm who has an intersst in the
contrac:or 's ?irT is a person or firm ineligible to be awarded Government
contacts by vir;ue of section 3(a) o� the Davis-�acon Act or 29 Cr� 5. 12 iai
( 1) .
( ii ) No part ofi this contract shall be subcontracted to any person
or firm inelioible for award of a Government contract by virtue of section 3(a)
of the Davis-9acon Act or 29 CFR 5. 12 (a) ( 1 ) .
( iii ) The penalty for making false s;atements is prescribed in tne
U.S. Criminal Code, 18 U.S.C. 1001 .
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2.20 Overtime Reouirements. No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or oermit 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 calendar 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 of pay fior all hours worked in excess of
eight hours in any calendar day or in excess of forty hours in such work week,
whichever is qreater.
2.20-1 Violation: Liability for Un�aid �aoes; Liouidated Damaqes. In the
event of any violation of the clause set forth in paragraph 2.20, the contractor
and any subcontractor responsible therefore shall be liable for the unpaid
wages. Such iiquidated damages shail be compuied with respect to each
individual laborer or mechanic, including watchmen and cuards, employed in
violation of the clause set forth in paragraph 2.20 in the sum of $10 for each
calendar day of whith such individual was required or permitted to work in
extess of eight hours or in excess of the standard work week oT Lorty hours
without payment of the overtime wages required by the clause set fiorth in
paragraph 2.20.
2.20-2 Withholdinq for Unpaid tJaqes and liquidated Damaoes. The FAA shall
upon its own ac:ion or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, firom any monies
payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal Contract with the same prime contractor,
or any other fiederally-assisted contract subject to the Contract Work Hours and
Safety Standards Act which :s held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damaoes as provided in the
clause set forth i� paragraph 2.20-i .
2.20-3 Subcontracts. The c�ntractor or subcontractor shall insert in any
subcontracts the clauses set forth in paraqraph 2.20 througn 2.24-2 and also a
clause requiring the subcontractors ;o include these clauszs in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs 2.20 through 2.20-3.
2.20-4 Workino Condition. No contractor 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 determi�ed under construction safety and
health standards (29 CFR Part 1926) issued by t;�e Depar;ment o` Labor.
2.20-5 Veteran 's Preferenc=. :n the employment ef labor (zxcept in
executive, administrative, and supervisory positions) , preference shall be given
to veterans o7 the Vietnam era and disable veterans. �owever, this preference
shall apply only wher= the :ndividuals are available and q�ali`ied to perform
the work to which the emoloyment relates.
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*PART III (Equal Employment Opportunity Requirements)
*SECTION A (Equal Employment Opportunity Clause)
2.21 During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any applicant for employment
because of race, color, religion, 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 oriqin. Such action shall include, but
not be limited to the fiollowing: employment, upgrading , demotion , or
transfier; recruitment or recruitment advertisinq; layoTf or termination ,
rates of pay or other forms of compensation and selecticn for training ,
including apprenticesiip. The contractor agrees to post, in conspicuous
places available.
(2) The con.tractor will , in all solicitations or advertisements fior employees
of the contractor, state that a:l oua:ified apolicants will receive
consideration for employment without regard to race, color, religion, 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
understanding, a notice ( to be provided) advising the said labor union or
workers' representatives ot the contrac:or 's com�itments under :�is
section, and shali post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The contractor will comply with all provisions ef cxecutive Order 11246,
as amended, of 24 Sep:ember !965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(S) The c�ntractor will furnish all information and reports r=quired by
Executive Order 11246, as amended, of 24 September 1965, and by rules,
regulations, and orders ofi the Secretary or Labor, or pursuant thereto, and
will permit access to his books, records, and accounts ey the FAA and the
Secretary of Labor tor purposes of investiqation to ascertain compliance
with such rLles, regulations, and crders.
(6) In the event to the contractor's noncompiiance with the nondiscrimination
clauses or this contract witti any of the said rules, regulations, or
orders, this contract may be cancel?ed, terminated , or suspended in whole
or in part and the contractor may be declared ineligible for �urther
qovernment contracts of federally assisted construction contrac:s in
accordance with procedures authorized in Executive Order 1;246, as amended ,
of 24 September 1965, and such other sanctions may be imposeh and remedies
invoked as provided in Executive Crder 11246, as amended of 24 September
1965, or by rule, regulation, or order oT the Secretary of Labor, or as
otherwise prcvided 5y law.
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(7) The contractor will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (1) throuqh (7)
in every subcontract or purchase order unless exempted by rules,
requlations, or orders of the Secretary ofi Labor issued pursuant to section
204 of Executive Order 11246, as amended, of 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 `or noncompliance: provided, however, that
in the event a contractor becomes involved in, or is threatened with,
litigation, with a subcontractor or vendor as a resuit of such direction
by the FAA, the contractor may request the United States to enter such
litigation to protect the interes:s 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 firom which this contract resulted;
b. "Director" means Director, Ofifice of Federal Contract Compliance
Programs (OFCCP) , U.S. Deoartment of Labor, or any person to whom the Director
delegates authority;
c. "Employer identification numoer" means the Federai social number used
on the Employer's Quarterly Federal Tax �eturn, U.S. Treasury Department �orm
941:
d. "Minority" inc?udes:
( i ) Black (all persons havinq origins in any oT :he Black African
racial qroups not of Hispanic origin ) ;
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban , Central
or South American, or other Spanish culture or origin regardless of
race) ;
(3) Asian and ?acific Islander (all persons having origi�s in any o�
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 naving origins in
any of the oriqinal peoples of North America and maintaininq
identifiable tribal affiliations throuqh membership and participation
or community identification) .
2. Whenever the contractor, or any subcontractar at any tier, subcontracts a
portion of the work involving any construction trade, it shall physicaily
include in each subcontract in excess oT 510,000 t�e provisions of these
specifications and the notice which contains the applicable �oals for minority
and ;emale participation and whicti is szt for;h in the scl:cita;i�ns frcm which
this contract resulted.
3. If the contractor is participating ( pursuant to 41 CFR 60-4. 5) in a
Hometown Plan approve� by the U.S. Department or Labor in the covered area
either individually or through an association , its affirmative action
obliqations on all work in the plan area (includinq goals and timetabies) shall
be in accordance with that plan for those trades which nave unions participatinq
in the plan. Con;ractors must be able to demonstrate their participation in and
compliance with the provisions of any such Hometown r'lan. tach contractor or
subcontractor participating in an approved plan is individually required to
comply with its o�ligations under the EED clause and to make a good faith effort
to achieve each goal under the plan in each trade in whicti it has employees.
The overail gocd taith performance by other contractors or subcentractors toward
a qoal in an approved plan does not excuse any covered contractor 's or
subcontractor's fai;ure to take good faith efforts to achieve the pian goais and
timetables. C-16
9005-01
4. The contractor shall implement the specific affiirmative action standards
provided in paragraphs 7a through p cf these specifiications. The goals set
fiorth in the solicitation fron which this contract resulted are expressed as
percentages of ttie total hours of empioyment and training ofi minority and female
utilization the contractor should reasonable be able to achieve in each
- construction trade in which it has employees in the covered area. Covered
construction contractors performinq constructicn trade in which it has employees
in the covered area. Covered constructian con;ractors perfiorming construction
work in a geograohical area where they do not have a Federal or federally
assisted construction contract sha:l apply the minority and female goals
established `or the geographical area where the work is being performed. Goals
are published periodically in the Federal Registzr in notice firom, and such
notices may be obtai�ed from any oTfice of F2deral Contract Compliance Programs
office or from Federal procurement contracting ofificers. The contractor is
expected to make substantially uniform progress :owards its qoais in each craft
during the period specified.
5. Neither the provisions oT any collective bargaining agreement nor the
failure by a union with whom the contractor �as a collective bargaining
agreement to refer either minorities or women shall excuse the contractor 's
obligations under these speciiications, Ezecutive Order 11246, as amended , or
the requlations 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 contrac:er during the trai�ing period and the contractor must Fave made
a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. 7rainees
must be trained pursuant to training programs by the U.S. Department of Labor.
7. The contractor shali take specific atfirmative actions to ensure E�O. The
evaluation of the contractor 's compliance with these specifications shall be
based upon its ef�ort to achieve maximum results from its actions. The
contractor shall decument tiese efforts fuily and shall impiement affirmative
action steps at least as extensive as the tollowing:
a. Ensure and ma:ntain a working environment free of harassment,
intimidation, and coercian at all sites, and in ail facilities at which the
cantractor 's employees are assiqned to work. The contractor, where possible,
will assign two or more women ta each censtruction project. The contractor
shall specifically ensure that all `oremen, superintendents, and other onsite
supervisory personnel are aware ofi and carry out the contractor 's obligation to
maintain such a workinq environment, with specifiic attention to minority of
female individuals workinq at such sites or in such facilities.
b. Establish 3nd maintain a current list of minority and female
recruitment sources, provide written notification to mincrity and female
recrui?ment sour�as and to community organizations wnen the contractor or its
unions have emoicyment opportunities availabie, and maintain a record of the
organizations ' responses.
C-1Z
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c. Maintain a current fiile of the names, addresses, and telephone numbers
of each minority and female 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 . It such individual
was sent to the union hiring hall for refierral and was not referred back to the
contractor by the union or, if referred, not employed by the contractor, this
shall be documen;ed in the file with the reason therefore along with whatever
additional actions the contractor may have taken.
d. �rovide immediate written notifiication to the Director when the union
or unions with which the contractor has a collective bargaininq agreement has
not referred to the contracter a minority person or woman sent by the
contractor, or when the contrac;or has other infiormation that the union refierral
process has impeded the contractor 's efforts to meet its obligations.
e. Develop on-the-job training oppor2unities and/or participate in
training programs for the area which exoressly include minorities and women,
including upgradinq programs and apprenticesni� and trainee programs �e?2vant
to the ccntractor's employment needs, especially those proqrams �unded or
approved by the Department of Labor. ihe contractor shall provide notic= ofi
these programs to the sources compiled �nder 7b above.
f. Disseminate the contractor 's EED policy by providing notice of the
policy to unions and training programs and requesting their cooperation in
assisting the contractor in meeting its EED obliqations; by including it in any
policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc. ; by specific review ofi the policy with
all management personnel and with all minority and female employees at ?east
once a year; and by posting the tompany E"t0 policy on bulletin boards accessible
to all employees at each location where constructicn work is per�ormed .
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, layorf, termination, or o:ner employment
decisions including specific review of tfiese items with onsite supervisory
personnel such as superintendents, general Toremen, etc. , prior ;o the
initiation of construction work at any job site. A written recard shall be made
and maintained identifying :he time and place of these meetinqs, persons
attending, 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 inciuding minority and female
news media, and providing written noti`ication to and discussinq the
contractor 's EED aolicy with other contractors and subcontractors with whom the
contractor does or anticipate aoing business.
i . Direct its recruitment efforts, both orai and written, to minority,
female, and community organizations, to schoois wi:h minority and remale
students; and to minori:y and female recruitment and training orgariza:ions
serving the cantractor 's recruitment area and employment needs. Uot later :nan
one month prior to ;he date for the acceptancz of applications tor
apprenticeship or other training by any recruitment sour�e, the contractor shall
s2nd written notitication to organizations, sucn as the above, describing the
openings, screening procedures, and tests to be used in the sziecticn process.
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9005-01
w
j . Encouraqe �resent minority an� female employees to recruit other
minority persons and women and, where reasonabie, provide after school, summer,
and vacation employment 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 inventory and evaluation, at least of
all minority and femal= personnel , fior 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 continually monitoring all personnel and employment related activities to
ensure that the EE� 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 singie-user toilet and necessary changing facilities
shall be provided to assure privacy between the sexes.
o. Document and maintain a record ofi all solicitations of offers for
subcontracts from minority and female construction contractors and suppliers,
including c:rculation of solicitations to minority and female contractor
associations and other business associations.
p. Conduct a review, at least annually, ot all supervisors ' adherence to
and performance under the contractor 's EEO 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 obligations (7a
through p) . The efforts of a contractor association, joint contractor-union,
contractor-community, or other similar groups ofi which the contractor is a
member and participant, may be asserted fulfillinq any one or more of its
obliqations under 7a throuqh p of these specifications provided that the
contractor actively participate in ;he group, makes =very effort to assure :hat
the group has a positive impact on ;he employment of minorities and women in the
industry, ensures that the concrete benefits of the program are reflected in the
contractor 's minority and `emale workforce participation , makes a qood faith
effort meet its individual qoals and timetables, and can provide access to
documentation which demonstrates �he effectiveness of actions taken on behalfi
of the contractor. The obligation to comply, however, is the contractor 's and
failure of such a group to �ulfill an obiigation shall not be a defense fcr the
contractor 's noncompliance.
9. The contracicr is recuired to provide Ec0 and to take affirmative action
for ali minoriiy groups, boi� 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 group 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, reliqion,
sex, or national origin.
11. The contractor shall not enter into any subcflntract with any person or firm
debarred from Government contracts pursuant to Ezecutive Order 11246, as
amended.
12. The contractor shall carry out such sanctions and penalties for violation
of these specifiications and of the Equal Opportunity Clause, includinq
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
sucfi sanctions and penalties shall be in violations of these specificaticns and
Executive Order 11246, as amended.
13. The contractor, in fulfillinq its obligations under these specificaticns,
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 ecuai employment opportunity.
If the contractor fails to comply with the requirements of the executive order,
the implementing regulations, or these specifications, the Director shall
proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all
employment related activity to ensure that thp company EEO policy is being
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, :elephone number, constructicn :rade,
union affiliation, if any, employee identification number when assigned, social
security number, race, sex, status (e.g. , mechanic, apprentice, trainee, helper,
or laborer) , dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easily understzndabie and retrievable form; however,
to the degree that existinq records satisfy this requirement, contracto�s sha?1
not be required to maintain separate records.
15. Nothing herein previded shall be construed as a iimitation upon the
application of the laws which establ�sh diffierent standards of compliance or
upon the application of requirements fior the hiring of lccal or other area
residents (e.q. , those under the Public Works E�ployment Act oT 1977 and the
Community Development Block Grant Proqram) .
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*SECTION C (DOT Title VI Requirements)
2.22 Durinq the performance of this contract, the contractor, for itself, its
assignees and suc�essors in interest (hereinafter referred to as the
"contractor" ) agrees as foilows:
a. Compliance with Requlations. The contractor shall 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
referred to as the Regulations) , which are herein incorporated by refierence and
made a part of this contract.
b. Nondiscrimination. The contractor, with reqard to the work aerformed
by it during the contract, shall nct d:scriminate on the grounds of race, color,
or national origin in the selection and retention ofi subcontractors, including
procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by
section 2:.5 of ;he Req�lations, includinq empioyment practices when the
contract covers a program set ror;h i� Appendix B cf ;ne Reguiations.
c. Solicitations for Subcontracts, Inciudinq Procurements ofi 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 or leases of equipment, each
potential subcontractor or suppiier shall be notified by tne contractor of the
contractor's obiigations under this cantract and the Requlations relative to
nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports. The contractar shall provide all information
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
�ederal Aviation Administration (FAA) to be pertinent to ascertain compiiance
with such Regulations, orders, and instructions. Where any information required
of a contractor is in the exciusive possession of another who fails or refuses
to furnish this infiormation, the con;ractor shall so certify to the sponsor of
the FAA, as appropriate, and shall set `orth what efforts it has made to obtain
the information.
e. Sanctions for Noncompliance. 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, inc?uding, but not limited to:
(1) Withholding of payments to the c�ntractor under the contract
until the contractor complies, and/or
f2) �ancellation, ;ermina:ion or suspensien of :he contract, in whole
or in part.
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f. Incorooration of Provisions. The contractor shall include the
provisions of paraqraphs a through e in every subcontract, including
procurements ofi materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereta. 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 ofi such direction, the contractor may request the sponscr to enter
into such litigation 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.
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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 financed in
whole or in part with Federal funds under the agreement. Consequenily, the DBE
requirements ofi 49 CFR part 23 apply to this aqreement.
DBE Obliqation. 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 Tunds 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 disadvantaged business enterprises have the
maximum opportunity to compete for and perform contracts. Contractors shall not
discriminate on the basis of race, color, national origin or sex in the award
and performance of DOT-assisted contracts.
Compliance. A1l bidders, potential contractors, or suticontractors T�r this
DOT-assisted contract are hereby notifiied that failure to carry out the DOT
policy and DBE obligation, as set forth above, shall constitute a breach of
contract which may result in termination of the contract or such other remedy
as deemed appropriate by the recipient.
C-23
9005-01
�
AUGUST 24, 1990
PROPOSAL FORM FOR DIVISION B
Gentlemen:
The underei�ed hereby certified that he has examined the form of contract plans
and specifications for: 1'axiway Signage, Hangar Access Taxi�aays, And Associated
Improvementa, and has examined the site of the work, and is familiar With local
conditions pertaining to the uork.
The undersigned in compliance with your information and instructions to Bidders
dated S�gtPmbe r 5 _ hereby propoaes to do the work called for in said contract
and specifications and shown on said plana, and to furnish all materials, tools,
labor and all appliances and appurtenances necessary for the said work at the
following rates and prices:
Bstimated Bstimated
� j�s�ri pt i on and Price (Words 1 At� n .i�,v ('.��+t.
1 P-620-5.1 Pavement Marking
at the unit price of ZE RO _ �
--- dollars and FORTY �
----- 14 , 668 . 00
-� cents ($ •4 0 ) per square ft. 36.670
- 2 P-620-5.2 Pavement Marking Removal _�
- -- at the unit price of ZERO �
dollars and SEVENTY •
-- cents ($ . 70 ) per square ft. 5,92Q 4 , 144 . 00
3 L-108-5.1 Cable Trench
at the unit price of FI VE
dollars and FORTY EIGHT
cents ($ 5 . 48 ) per lin.ft. 3,200 17 , 536. 00
4 Ir108-5.2 1/C #8, 5KV Cable
at the unit price of ZERO __ -
dollars and FIFTY FOUR
cents ($ . 54 ) per lin.ft. 3.600 1 . 944 . 00
5 Ir109-5.1 G-828 Regulator, 7.5KW, 240V
• at the unit price of FIFTY-SIX HUNDRED NINETY-SIX
dollars and Z E RO �
cents ($5 6 9 6. 0 0 ) per each 1 5 . 6 9 6. 0 0
� ' .
6 Ir 109-5.2 Vault Inatallation
8t the unit price of ONE HUNDRED ZXTY-
dollare and Z E RO
centa ($ 161 . 00 ) per L.S. 1 161 . 00
DIVISION B
- ��'/ �F�r'�iL -
Bstimated Bsti.mated
No. � Description and Price (Words) Quantity Coat
7 Lr125-5.2 1-Digit Sign
at the unit price of FOURTEEN HUNDRED ONE
dollars and ZERO
cents ($ 1401 . 00 ) per each 4 5 , 604 . 00
8 �125-5.3 3-Digit Sign
at the unit price of SEVENTEEN HUNDRED EIGHTY NINE
dollars and ZERO
centa 1(�8 9 . 0 0 ) per each 3 5 , 3 6 7 . 0 0
9 IT125-5.4 4-Digit Sign
at the unit price of EIGHTEEN HUNDRED NINETY THREE
dollars and Z E RO
cents ($ 1893 . 00 ) per each 18 34 , 074 . 00
10 Ir125-5.5 5-Digit Sign
at the unit price of NINETEEN HUNDRED NINETY -
dollars and ZERO
_ . : - - _ cents ($ i 9�n. 0 0 ) per each g 15 ,-9 2 0. 0 0
-.�':11--- _�125-5.6 6-Digit Si� --- _
-
--- - ---
- ' at the unit price of TWO THOUSAND EIGHTY SIX � �
- - do l lars and Z E RO
----- cents ($ 2��6 . 00 ) per each i �1 2 , 086. 00
12 _- Ir125-5.7 ?-Digit Sign — _ . _
at the unit price of TWENTY FIVE HUNDRED SIXTY FOUR -
dollars and Z E RO
cents ($ 2564 . 00 ) per each 1 2 , 564 . 00
13 Tf-125-5.8 Taxiway Sign Removal
at the unit price of TWO HUND RED TH I RTY S IX
dollars and ZERO �
cents ($ ) per each �� 3 , 0 6 8 . 0 0
Total Bid 112 , 8 3 9 . 0 0
. �
DIVISION B
/
i
/ , The unGersigned understands that the above iquantities ofi work to be done ar=
� approximate only and are intended principally to serve as a guide in evaluating
the bids.
� `
It is understood that the schedule of minimum waqe rates, as established by the
Secretary of Labor and included in the Specifications, are to qovern 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.
i
' The undersigned hereby assures that he will make sufficient reasonable efforts
ito meet the DBE goals, and assures that he will meet the DBE participaticn
i
percentages stated below:
I
fFirms 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
i
� opportunities.
I '
j The bidder shall complete the following statement by checking the appropriate
iblanks:
� The Bidder has X 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 X has not ' � submitted all compliance reports in
connection with any such contract due under applicable filing requirements:
and that representations indicating submission of required compliance
reports siqned by proposed subcontractors will be obtained prior to awaro
af 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, "Employee Information Report EEO-1" prior to the
award of contract.
Standard Farm 100 is normally furnished contractors annually, based on a mailing
list 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
followinq address:
1 Joint Reporting Committee
IB00 G Street
i t�ashinqton, D.C. 205�6
i ' •
Tt�e undersigned certifies that he does not maintain or provide for his employees
, any seqreqated Tacilities at any of his establishments, and thpf he does not
permit his employees to perform their services at any location, ur.der his
j control , where segreqated facilities are maintained. The undersiqned
aqrees that a breach of this certification is a violation of the equai
I
9005-01 B-36
opportunity clause in this contract. As used in this certification , the term
"Segregated facilities" means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, timeclocks, locker rooms and
other storage or dressing areas, parkinq lots, drinkinq fountains, recreation
or entertainment areas, transportation, and housing facilities provided for
employees which are segreqated by explicit directive or are in face seqreqated
on the basis of race, color, religion , or national origin„ because of habit,
local custom, or other reason. The undersigned areas that (except where he has
obtained identical certifications from proposed subcontractors for specific time
periods) he will obtain identical certifications from proposed subcontractors
prior to the award of the equal opportunity clause, and that he will retain such
certificat�ons in his files.
The undersigned agrees, upon written notice of 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.
7he undersigned further aqrees that ifi awarded the contract, he will ccmmence
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 notice 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 undersiqned
encloses a certified check or Bid Bond in the amount of f 5 . 64 1 . 95 which, in
case he refiuses or fails to accept an award and to enter into a contract and
file the required bonds within the prescribed time, shall be forf eited to the
City of Cape Girardeau as liquidated damages.
To satisfy Clean Air and Water Pollution Control Requirement� 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 io
benefit fr�m the contract is not listed on the Environmental Protection
Agency (EPA) list of Violatinq facilities. �
2. To comply with all the requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal �Jater Pollution Control Act and all
regulations issued thereunder.
3. That as a condition for award of a contract he shall notify the awardinq
� official of the receipt of any communication from the EPA indicatinq that �
a facility to be util�zed for performance of or benefit firom the contract
is under consideration to be listed on the EPA list of Violatinq Facilities.
4. To include or causeito be included in any contract or subcontract which
exceeds 5100,000 the aforementioned criteria and requirements. ' .
9005-01 B-37
By entering into this contract, the contractor certifies that neither it (nor
he or she) nor any person or firm who has an interest in the contractor 's tirm
is a persons or firm ineligible to be awarded Government contracts by virtue oT
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) ofi the Davis-Bacon
Act or 29 CFR 5.12 (a) (1 ) .
The undersigned hereby declares that the only parties interested in this proposai
are named herein, that this proposal is made without collusion with any other
' person, fiirm, corporation, officer or agent of the OWNER who is directly or
;:
j; indirectly financially interested in this bid.
�' � '
Certification - The information above is true and complete to the best of my
� knowledge and belief.
a'
, KEN W. INMAN PRESIDENT
- Name and Title of Signer (Please iype)
�.
. . 9-14-90
�� Si ature Date
NOTE: The penalty for making false statements in offers is prescribed in 1�
USC 101.
1'
I
i
� - � �
9005-01 8-38
p �. o
� 8
„
ELEC
�
C4RP0 � '�; ON
SEPTEMBER 17, 0
Crnwford, Murphy & Tilley, Inc.
Con.aulting Engr.
133 South llth Street Suite 500
St. Louis, MO. 63102
Attn: Steven Waymire
RE: Cape Girardeau Municipal Airport
. � A.I.P. Project No. 3-29-0013-04
- - -- Dear Mr. Waymire, -- _ _ - -- -
Per your request I have enclosed t:�e letter of certi�ication ♦
_ _ giv�n us by Honest Abe Cortstruction. - The fo].lowing figures were
elso requested: � - • - -
• Cable Trenching 515 ,936.00
Concrete Pads £or Lights 11, 375.00
TOTAL DBE 27, 311.00
Total Proposal from Fteli Electric 112, 839.00
Should you have further yuestions, please radvi.se.
Sincerely, ,
arr o n
, ,
CONTRACT
FAA A.I.P PROJECT N0. 3-29-0013-04, DIVISION B
STATE OF MISSOURI
CITY OF CAPE GIRARDEAU
�, . THIS AGREEMENT, made and entered into this � �� �� day of �< �r y_�e �- ,
19� e by and between the City of Cape Girardeau, Missouri� Party of the First
Part, hereinafter called the OWNER and Reli Electric, 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.
�}HEREAS, 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 taxiway signage, and pavement marking, (Division
B work) including grading, 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:
$112,832.00
such sum being the agreed amount upon which bonds and liabilities are based,
and at his own cost and expense furnish all materials, supplies, labor,
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 estimate being certified by the CONTRACTOR and accepted by the OWNER.
Except as otherwise provided by law, ten percent (l0y) of each approved estimate
shall be retained by the OWNER or his representative. Upon final completion and
acceptance by the OWNER and Engineer, the Engineer shall then issue a F'inal
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
amounts 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 (7)
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 original.
SPONSOR, Party of the First Part
City of Cap irardeau, Missouri
ATTEST: BY.
Mayor
. (l�(/
Depu.ky G ty Cl e.rlc� (Seal)
A'?"I'F�T: CONTRACTOR� Part of Second Part
. '�' '�!;i /�� ��,.��Ld��/IZ��ZLI�EdJ � � y' ^� ' � ' , � � l
•� ��
BY' ' ' '-��-�z....--_-
-`�
� " �f
APPRO D AS TO FO �
V� F�M"t ./-�'c-�_-r �c:.�_�
!���,,---� ��� ��-�, Office or Position of Signer �� - �
f'�Ci y Attorr�e�--�'��
CERTIFICATE OF DIRECTOR OF b'INANCE
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.
` ��`� J�/� ! �---
i
� ,� . �
Director of Finance
PERFORMANCE, LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS: That RELI ELECTRIC CORPORATION as
principal and INDIANA LUMBERMEN' S MUTUAL INSURANCE COMPANY
as surety are held and firmly bound to the City of Cape Girardeau, Missouri,
in the
sum of OIVE HUNDRED TWELVE THOUSAND EIGHT HUNDRED THIRTY-NTNF
Dollars ($ 112 , 8 3 9 . 0 0 ) 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, successors and assigns
firmly be these present.
The Condition of this bond is such that:
WHEREAS, the above-named principal did on the ��t�ay of SF.PTF.MRF�rz �
19�p, enter into a contract with the City of Cape Girardeau, Missouri, for:
Taxiway Signage, Hangar Access Taxiways, And Associated Improvements
FAA A.I.P PROJECT N0. 3-29-0013-04, DIVISION B
NOW, THEREFORE, if the above-named principal shall well and truly:
1. Keep and perform all of the contract of his, its or their part to be kept
and performed, and faithfully comply 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 reasonable
time if not time is stipulated; and,
2. Pay for any and all materials, lubricants, oil, gasoline, grain, hay,
feed, coal and coke, repairs on machinery, groceries and foodstuffs, equipment
and tools consumed or used in connection with the construction of the work
aforedescribed, and all insurance premiums both for compensation and for all
other kinds of insurance on said work above .described, and for all labor
performed in the work whether by the principal or by subcontractor or otherwise
and at the prevailing hourly rate of wages made applicable to the work as
specified by the contract (if a prevailing hourly rate of wages shall have been
so specified) .
Then this obligation shall be void, otherwise it shall remain in full force and
effect.
It is understood and agreed that this bond is executed and furnished under the
provisions of Code.
It is understood and agreed that this bond shall not be voided because of
changes in. the plans or specifications for the work, or because of extensions
of time for the performance of work, and the surety above-named does hereby
waive notice of and does hereby consent to any such changes or extens�.ons of
time. '
�
It is understood and agreed 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 bring 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, Missouri, under this bond, the City may in case of default 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 generalities, and the surety shall have the obligation
to inquire into the nature of such default or abandonment and to thereafter
within sixty (60) days from the date of such notice proceed toward completion
without undue delay of the improvement in accordance with the contract
aforesaid; and in the event of default on the part of the surety to proceed to
complete as aforesaid the City of Cape Girardeau, Missouri, shall 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 of new plans, contracts, etc. , and all
other ordinary and reasonable expenses in connection with completion
of the work; or,
(b) At the election of the City of Cape Girardeau and if the improvement
is to be paid for by issuance of special tax bills, 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 property owners affected by said
contract to collect. and if necessary, sue on behalf of such
� property owners for any loss they may sustain by reasons of the
principal's default or abandonment of his aforementioned contract
with the City.
The parties hereto agree that should any litigation arise out of this bond. the
venue for such litigation shall be in the Circuit Court of Cape Girardeau,
Missouri. and the parties hereto expressly waive all rights to venue
inconsistent therewith.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23 rd day of
OC TOBE R , 19 9 Q or have caused these presents to be executed by
our authon�zed agent on the same day and year.
Contractor: RELI ELECTRIC CORPORATION
By: -�L -
Approved as to�€orm: Surety: SURANCE CC
/� gy:
' ,�' , i f
�.,_
C3ty Attorn y �
�'���'r'�� CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) �
10-10-90
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
CAPE IIdSURANCE AGENCY, II�?C. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
P.O. BOX 561 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
CAP� GIRARDEAU, r10 637oi COMPANIES AFFORDING COVERAGE
COMPANY A TRANSAMERICA
LETTER
CODE SUB•CODE
COMPANY B
INSURED LETTER
RELI EL�CTRIC COMPANY
LETTEN C+
2355 P.UST AVE.
CAPE GIRARDEAU, MO 63701 COMPANY
LETTER �
` COMPANY E
LETTER
_..S._.�.,...vM�...____ ._ ...._.,
_....__...._._. ._.�__...__....._.�.._.__ ..., _.
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURAryICE 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 A�L 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
_TR DATE(MM/DD/YY) DATE(MM/DD/YY) ALl LIMITS IN THOUSANDS
GENERAL LIABILiTY GENERAL AGGREGATE $ Z�GOO
A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/0PS AGGREGATE $ 2�UOO
CLAIMSMADE ii occuR. 307�820R 11—OL—H9 11—OL-9O PERSONAL&ADVEP.TISINGINJURY $ L �OOO
OWNER'S&CONTFiACTt�R'S PROT. EACH OCCURRENCE $ 1 �OOO
. FIRE DAMAGE(Any one fire) $ 50
" MEDICAL EXPENSE(Any one person) $ 5
AUTOMOBILE LIABILITY COMBINED
ANY AUTO LIMGLE $ 1 �OOO
L� X ALLOWNEDAUTOS 3078F3211 11—Oi-89 11-01-90 BODILY
SCHEDULED AUTOS INJURY $
(Per person)
X HIRED AUTOS BODILY
X NON-OWNED AUTOS INJURY $
(Per accident)
GARAGE LIABILITY
PROPERTY $
DAMAGE
EXCESS LIABILITY EACH AGGREGATE
OCCURFENCE
$ $
OTHER THAN UMBRELLA F�RM
STATUTORY
A WORKER'SCOMPENSATION . ,$OZO9HZO 11—�1-89 11—01-9Q $ 5�� (EACHACCIDENT)
AND .
EMPLOYERS'UABILITY � $ SOO (DISEASE—POLICY LIM!T)
.. .. . ... . ._. $ SOO (DISEASE—EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE IHOLDER CANCELLATION
CITY OF CAPE GIRARDEAU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CAPE GIRARDEAU, A10 63701 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL��_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
_ LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
�
ACORD 25-S(3/88) DACORD CORPORATION 1988