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HomeMy WebLinkAboutAirport.Agenda.03-10-1992AGENDA CAPE GIRARDEAU AIRPORT ADVISORY BOARD TUESDAY, MARCH 10, 1992, 4:00 P.M. PILOT'S CLUB I. Call to order. II. Approval of minutes of February 4, 1992, meeting. III. Update on 1992 Air Show. IV. Update on airport terminal building project. V. Old business. VI. New business. VII. Adjourn. The Airport Board of the City of Cape Girardeau, Missouri, may as a part of a study session or regular or special Airport Board meeting hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, promotion of personnel or employee labor relations. MEMORANDUM TO: Airport Advisory Board FROM: Mark J. Seesing, Airport Manager DATE: February 28, 1992 SUBJECT: Meeting Date Change for March Due to an Air Show Committee meeting that is to be held on March 3, 1992, the Airport Board meeting scheduled for that day has been rescheduled for Tuesday, March 10, at 4:00 p.m. at the Pilot's Club building. If you have any items for the agenda, please alert Gayle or myself so they can be included. As an update for you on developments at the airport, the terminal renovation bids were opened on Wednesday, February 12, at 3:00 p.m. The apparent low bidder was Sides Construction with a base bid of $868,500, which came in $58,186 under estimate. Once the FAA has reviewed the bids and Sides has secured its insurance and related licenses, a contract award will be issued. The asbestos removal began on February 26. We hope to have that project done by the first week in April. �r The staff is nearing completion of the lease negotiation with Cape Central Airways, Inc. It is our intention to have a document for your review and recommendation to the City Council at the March 10 meeting. MJS:gc M CITY OF CAPE GIRARDEAU, NIISSOURI ROSTER OF ADVISORY BOARDS AND COMMITTEES JANUARY 17, 1991 Allan Maki, Jr. William E. Walker Truman R. Cole, Jr. John Seesing Steve Nesler Jerry McClanahan (Chairman) James Bowman AIRPORT BOARD Date Appointed July, 1990 July, 1990 April, 1976 April, 1989 December, 1990 December, 1979 April, 1990 Term Expires April 30, 199X9 April 30, 199Y9 April 30, 1992 April 30, 1992 April 30, 1993 April 30, 1993 April 30, 1993 Serve three year terms, appointed by City Council. Meetings held first Wednesday at 4:00 p.m. in the City Hall Council Chambers. A City Council member may serve as liaison. Staff contact - Airport Manager Mark Seesing AIRPORT USAGE REPORT DATE: FEB 1992 ENPLANEMENTS 1992 YTD 1992 1991 YTD 1991 TWE 315 670 275 664 CCA 115 _ -_ 318 93 201 OTHER p,C -_ 118 - 225 _ _ __-69_ _ - 141 TOTALS 548 1213 436 1006 NUMBER OF AIR CARRIER LANDINGS RELIABILITY FACTORS METRO -0- COMPANY ON TIME 85.4%_—_ J-31 75 STATION ON TIME --96q - SAAB -0- COMPLETION 95% EMB 120 _ _-0- OTHER -0- AIR TRAFFIC COUNT ITINERANT 1992 1991 AIR TAXI 145_ — 115 GENERAL AVIATION 1469 1557 MILITARY 33 8 LOCAL CIVIL 792 788_ MILITARY -4- INSTRUMENT OPERATIONS AIR TAXI 133 _ 108 GENERAL AVIATION 338 ?5a To Continue Lease Fuel Farm Relocation Upgrade Fuel Farm Ownership Non Exclusive Agreement No Yes — Cape Central expense Cape Central Cape Central; City option to purchase at appraised value after 5 years Yes Yes (March 10, 1992) CAPE CENTRAL LEASE ISSUE Past due lease payments have been made; account current as of 3/1/92 OLD LEASE NEW LEASE DRAFT Amount $20,800/yr. or 2% of local $20,800/yr or 2% of local gross gross receipts receipts less fuel Land (see map) 27.8 acres 7.1 acres Term 30 years effective 1978 12 years with 5 year extension option Review Option None after 5 years — fuel system purchase Review of Owner Change None Yes Fuel Flowage Fee None $.02/gal; 5 year option to $.03/gal Terminal Building None Yes; desk, courtesy phone, staffed Customer Service when charter passengers are present Sublease Lipps Hangar $1.00/yr Excluded from lease; City will lease as separate parcel Meet FAA Requirements Yes Yes To Continue Lease Fuel Farm Relocation Upgrade Fuel Farm Ownership Non Exclusive Agreement No Yes — Cape Central expense Cape Central Cape Central; City option to purchase at appraised value after 5 years Yes Yes (March 10, 1992) __.,' E AND OPERATIONS AGREEMENT THIS AGREEMENT, mad and entered into this day of 1992. by and between the City of Cape Girardeau. Missouri, a municipal cnr porati�n of Uie State of Missouri, hereinafter called "Lessor", and Cape .enti al Airways, Inc., a Missouri corporation. Box G9, Cape Girard=au. Missouri, by and through its President, Mark Spatz, hereinafter called "Lessee". WITNESSETH ........................................... WHEREAS, the Lessor now owns and operates the Cape Girardeau Municipal Airport. I,uated 6.5 miles South -Southwest of the City of Cape Girardeau, Mis. puri: and WHEREAS, the Lessee has submitted a proposal to lease certain lands and operate in comFwiance with the Lessor's specifications; and NOW THEREFORE, for and in consideration of the premises and mutual undertakings, agreements and covenants hereinafter set forth, the parties hereto afire« as follows: ARTICLEI PREMISE$_AND_PRIVILEGES For and in consideration of the terms, conditions and covenants of this Lease to be pe,formed by Lessee, all of which Lessee accepts, Lessor hereby leases to Lessee and Lessee hereby hires and takes from Lessor certain property, together with any improvements thereon (hereinafter called "demised premises"), and certain attendant privilege`;, uses and rights, as hereinafter specifically set out. A. DESCRIPTION OF PREMISES DEMISED. The premises hereby leased are the office/reception space located in the terminal building and in three parcels as follows: SEE MAP ON FOLLOWING PAGE I Page 3 B. USE OF DEMISED Pf,EMI5E5 Lessor hereby gnan.s Lessee 'the right to operate a FIXED BASE OPERATION (FBO) on the demised premises. As usecl herein, an FBO shall be a person, fLim or corporation which provides aircraft and engine maintenance facilities, and is engaged in the full time business of selling to the public products and services related to general aviation, ncluding aircraft and accessories, avia,icn fuels and lubricant, aircraft charter, aircraft rental, aircraft hangar rental, and FAA approved private and commercial flight training. The foregoing products and services, if provided by Lessee on the demised pr ernises, shall be provided in a manner which is consistent wit P. the objectives of the Lessor to provide a quality aviation facility to the public, and consistent with the nature and level of operation of well-managed fixed base operation. Lessee shall have the right to charge and collect aircraft parking and tie -down charge= for all aircraft parked on leased property and on the paved airport ramps lying south of the main Hangar Area described in "Demi_?d properties". Lessee shall not use or permit the use of any part of the leased premises in any other manner than set forth above without the prior written consent of ..essor. OBSERVANCE OF STATUTES, ETC. The granting of this lease and its acceptance by Lessee is conditioned upon the right to use said public airport facilities in common with others authorized to do so, provided however, that Lessee shall observe and comply with any and all requirements of the constituted public authorities and with Federal, State or local statutes, ordinances, regulations in effect at the time of this Agreement and such valid and reasonable health and safety regulations of general application as may hereafter be promulgated from time to time by the City Council. ARTI,CLEI,I OBLIGATIONS OF_LESSOR, A. OPERATIONS AS A PUBLIC AIRPORT Lessor will operate Cape Girardeau Municipal Airport throughout the lease term and any option term as a public airport consistent with and pursuant to the Sponsor's (Lessor's) Assurance heretofore given by it to the Unil.ad States under the Federal Airport Act. Any physical improvement of the leased premises now or hereafter required by any duly constituted governmental authority or by law Page 4 to permit the coni inued operation of Lessor shall be supplied. maintained, repaired or replaced by Lessor. B- INGRESS AND EGRLSS Upon paying the ret tal hereunder and performing the covenants of this Agreement. Lessee shall have the richt of ingr esd to anc egress from said cl,,ised ri emises and between the leased parcels of the Lessee, for its officers, employees, agents, servants, customers, venclors, suppliers, patrons, sublessee, and invitees. and the right of it sires- to and egress from the landing area for airplanes subject -o provisions of Article I, lection C above. Said Lessor's aircra Ft parking ramps and taxiways which are not included in rhe ares.,, specifically described in Article IA shall be used jointly with other tenants on the airport and Lessee shall not interfere with the igLts and privileges of other Persons or firm=_ using said facilities. Lessor may not enter into an agreement with any third party that will in any way interfere with the ingress.. egress or operatio,-, between the leased parcels of the Lessee. It is understood t. hat in the event FAA security measures are enacted or required to be enforced by the City that might prohibit or restrict use of any portion of the demised properites the lessee will cooperate to !.he extent required to meet the above mentioned security requirements without effect on this lease for the duration of the required se..urity measures. C. SNOW REMOVAL Lessor shall be responsible for removal of snow from the airport aprons, parking ramps, and taxiways. f 7�Tli�Yi21�PCy�q�1�C7y�74.7 Lessor shall insure+ grass on all areas not covered in "Demised Properties" is mowed regularly and free from litter. All aprons, taxiways, and landing areas will be cleaned in a timely manner to prevent the accumulation of stones and clebr is which may cause damage to aircraft operation on said aprons, taxiways, and landing areas. ARTICLE III OBLIGATIONS OF LESSEE A. NET LEASE Page 5 the use and occupar%.y of the demised premise. by I..esFee will be without cost or r<pe nse to Lessor. Itshall be the sole responsibility of , -.F:., to keep, maintain. �epair, operate sed a,,taff the entirety - f the, demised PrPrnises and all imnrovernnnts and fa- '.a"ies I„h el -eon 3t l.. G`_rode cost a 9 . ex"ept 8=. otherwise spree if icer ly e,r Ovide herein. Cape Central A I r ways, Lnc. _hall ;:!airtaSn a ,e:-;; pti0^i6t in the terminal bUI1dir+g tat the E.ape i.entral counterI t,handle customer requirements during the time that Cape Central f,ir ways, Inc. has charter customers present. B. CUNDTTION OF pRGItI5E5 Lessee has examined the leased premises and accepts them in the existing condittor agrees to make any other i'^.Pr ovements, alterations or repalle eas required in Section C below. C. MAINTENANCE AND REPAIR lessee shall mainta '�.n the leased premises at all times: in a safe, neat and siglitly co:-�litiun and shall not permit the accumulation of ary trash nr debris: or the premises, and snail reg:;eve `:u-„ den is t„ a disi,o_Al site ,:ff the premises of the Airport.. Lessee shall pros;:>tly re;ai- all damages to said premises a,,d bvildingr:: caused by its employees, P,trons, or its operation thereon. Lesser shall maintain and repair all the exterior walls, roof. exterior doors, L. hangar doors, and wondows of the main hangar presently located at the west end of the Hangar Area. Lessee shall maintain and repair the interior of the main hangar and all the exterior and 'interior of all other buildings and improvements and all other maintenance including out not limited to: 1. Cleaning of stoppages in plumbing fixtures and drain lines. 2. Repair of equipment and utilities to include electrical, mechanica and plumbing in all buildings including but not limited to air conditioning and heating equipment. All repaiis are to be made by craftsmen who are skilled in the type work required. If the electrical, mechanical, or plumbing equipment and utilities become inoperative or unusable due to normal wear and tear and reach the end of useful life, such equipment of equal or better quality and performance shall be acquired and installer at Lessor's expense. 3. Lessee is responsible for maintaining electric loads within the designed capacity of the system. prior to any change desired by Lessee in the electrical loading which would exceed such capacity, written consent will be obtained 'Yom the City Manager or his designated agent. 4. Lessee sn..il provide and maintain hand fire extinguishers for the interior of all buildings and aircraft shop and parking <,,eas, in accordance wi`_h applicable safety codes. Page b S. Lessee hall insure that the m ams around all the buildinn� is mowed regularly and free from litter to provide : meat_ '111d orderly appearance. Lessee Rn ther agt--e ilrnt upon the expiration of tho term of this Agreerne nt, or soon,, termination thereof, sai,.l F'r „niees will b, delivered to Les -,-n r in as good condition as when received, reasonable wear an -1 ,_ear excepted. Lessor reserves the' right to make periodic ins[-- ,action of leased premises and improvements and equipment therein, lurin'.t normal business hours. ' D. ALTERATIONS AND AUDITIONS TO PREMISES 1. Except for ordinary and necessary repairs and other express requirements of this Agreement, Lessee shall not construr, ,_, install, alter, remove, or otherwise modify any part of the premises leased hereunder except as provide,' in this Paragraph D or as the parties may otherwise agree in writing. �. Lessee s'nall have the right subject to Paragraph D(3) below to construct buildings and improvements upon the premises and to alter or use existing buildings in order to provide the products and services permitted in Article I(E) and further to provide space for sublease by Lessee `► a_ businesses engaged in the repair, refurbishing, manufacture, assembly, sale or installation of aircraft or aircraft accessories and equipment, or avionics; or b. business,.s which provide other aircraft -related services to pilot, or aircraft owners; or C. other businesses approved in writing by Lessor. No business shall qualify under subparagraphs ( a ) or (b) above unless a major. per of its services or products are provided for pilots or aircraft owners. Further no business shall qualify under subparagraphs (a) or (b) above if any officer or stockholder of Lessee is a sole or partial proprietor, partner, officer or shareholder of such business. Upon granting of any sublease, Lessee shall immediately provide Lessor with a copy of the sublease. 3. Lessee ::mall obtain the Lessor's approval of the design and loca._ion of all new buildings and improvements and alteratiDns of existing buildings prior to commencement of construction, which approval will not be unreasonably withhelc.. 4. Lessee mall be permitted to place liens upon buildings or improvements constructed by Lessee under this Agreement, provided such liens shall terminate by their terms at the termination of this lease. Lessor and Lessee prey agree on assumption of liens. 5. Within S,J days after termination of this lease. Lessee may remove from the premises any and all buildings and Fage 7 improvemr pit. -1 it has constructed upon the premises, and upon doini , Lessee shall restore the -around to its pre -const. action coPdition unless Lee.sor ahall otherwise agree. Any action taken by Lessee pursuant to the terms of this Section .'Hall be the sole financial respnnsibiiity of Lessee, and Lessor shall in no way t,cc deemed the agent of Lessee i,, connection with any matters undertaken by Lessee pu.rUant to the terms of this Section. Lessee spell be responsible for performance of all obligati,,iia of this Agreement by all sublessee. Lessor may enfo,c,- such obligations against Lessee and any sublessee who has assumed such obligations in its sublease. E. UTILITIES Lessee shall assume and pay for all costs or charges for utility services furnished to Lessee during the term hereof; provided, however, that Lessee shall have the right to connect to any and all storm and sanitary sewers and water and utility outlets at its own coet and expense; and Lessee shall pay for any and all service charges incurred therefor. F. TRASH, GARBAGE, ETC. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse resulting from the operation of its business. Lessee shall provide and use suitable covered metal receptacles for all such garbage, trash and other refuse. Piling of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or about the demised premises shall not be permitted. G. SIGNS Lessee shall not erect, maintain, or display any billboards or advertising signs other than those giving the names or products or services provided b; Lessee or sublessee. H. NONDISCRIMINATION Lessee will not, on the grounds of race, color or national origin, discriminate or peT,nit discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil P.ights Act of 1964 and Part 21 of the Regulations of the Office of the Secretary of Transportation. Lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. Page 9 Lessee agrees. t furnish service on a fair, egi_ial and noudiscriminator v ba .is to all users thereof, and to char <re fair, I easonable and non-discriminatory prices for each unit or service; provided, that Lesse" may make reasonable and non-discriminatory discounts, rebates, ern other similar types of price reductions to volume purchasers. NON EXCLUSIVE RIt,HTS It is understood and agreed that nothing herein contained shall' be construed to grant or authorize the granting of an exclusive right within the meaning of Sertion 309 of the Federal Aviation Act of 1958, as amended, and Lessor reserves the right to grant to others the pr ivileae and - iaht to conduct any one or all of the aeronautical activit-es listed herein, or any other activity. Lessee shall comply with all FAA and U.S. Code requirements as to non-discrimination. ARTICLE IV TERM „OF LEASEHOLD_ A. ORIGINAL TERM The original term of !_his Agreement shall commence on April 1, 1992 and expire on the twelfth anniversary thereof. This lease shall be encwable for five (5) additional years. The terms of the additic nal years will be renegotiated to the mutual satisfaction of both parties. If both parties cannot come to a mutual agreement on tarms, Cape Central Airways, Inc. will maintain a first right of refusal of a lease that the City proposes as reasonable for a FBC. The City reserves the right to negotiate to purchase the fuel farm at the fifth anniversary of the lease commencement. This option shall be valid for 190 days. If the city should decide to purchase the fuel farm then the five year option term will be automatically exercised and the fuel flowage fee will increase to $0.03 per gallon of fuel sold to retail customers for the remainder of the initial term of the lease. At the end of the initial term of the lease these terms will be renegotiated as stated above. ARTICLE RENTALS AND FEES, o.. LJ page '� Lessee shall pay L, Lessor an annual rental determined as. follows: Two percent of all ,n-oss receipts received by Lessee -Jul ill�a each of its full ur partial fisc al years during the term of this Agreement, excluding all income from aircraft sales and excluding all income of Lessee earned by operations away from the Cape Girarcleau Municipal nil port and excluding all income ear nelJ from fuel sales.. Lessee shall pay to Lessor a minimum rental of 4.20,800.00 per year, payable $1,740.00 monthly in advance by the tenth day of ach month c n ing which this .-ase is in effect, which niininium rental Thall be rr edited against tiic annual rental. Rental fees cover rhe leased properties outlineccd in the "Demised Properties" section. Lessee shall pay to Lessor a fuel flowage fee of $0.02 per gallon Of fuel sold to re•:ail customers. This fuel flowage fee does not apply to aircraft operated by Cape Central Airways, Inc.. Aircraft operated by Cape Central Airways, Inc. include any aircraft used (either owned, leased, or subcontracted) for operations including but not limited to; char ter, rental, instru•_t ion, or other operations of Cape Central Airways, Inc.. The fuel flowage fee will be adjusted yearly to give credit for the city business tat (the amount Cape Central Airways, I'-. pays in city business taxes. will be deducted from the fuel flowage fee). ARTICLE VI INDEMNITY_, AND INSURANCE BY„LESSEE INDEMNITY Lessee agrees to indemnify, defend, and hold harmless the Lessor from claims, demands, actions and suits of every kind because of bodily injury, inc:.uding death, and property damage which Play arise both out of and during this contract whether such operations be by Lessee, Sublessee, agent, employee, or anyone directly or indirectly acting on behalf of Lessee. B. LIABILITY INSURANCE Lessee shall proc Vre and maintain in effect for the term of this agreement, insur a•-ce coverage from an insurance carrier acceptable to both Lessee and Lessor to protect Lessor from all claims or liability arising from its position as Owner or Landlord, in the following minimum amounts: A. Bodily Injury 83,000,000 per Occurrence property Damage $300,000 per occurrence Page 10 The policy a.hall nai,, th,, lessor, its officers, agents, employees, board;, ami ronrtni':.io ns, as additional named insureds with the commercic,l .,per ati i!li respect to Lessor'e Owner or Landlord cover aye. L,�=gee alt furnish Lessor, for approval, a true copy of such insurance ca dr ra ge which shall provide that the policy may not be canceled or mite-) ially modified without at least thirty days prior written noti,:e to Lessor. Lessee shall Carry as a minimum insurance -Overage in the above amounts for its operation, and =_.hall hold the Less.,,r, its officers, agents, employees, hoards and commissions hatrnle f .,rn, and against all claims and liability for injury to persons or damage to property. C. FIRE AND EXTENDED COVERAGE INSURANCE -HANGARKEEPERS LIABILITY INSURANCE Lessor and Lessee may each at their respective opLious purchase and keep in effect inset auce on the facility against damag,= or lose by fire of risks of a similar or dissimilar nature which are c ustonra r i l cover e i under standard policies of fire insurance having standard exL-nded coverage endorsements. Lessee shall purchase and maintain Hangarkeepers Liability Insurance for aircraft contained on or in the demised premises. A certified copy of each policy of certificate evidencing the 14. existence of the ins-ured on enumerated insurance policies shall be delivered to Lessor within ten days after the execution of this Lease. D. RESTORATION OF CASUALTY LOSSES If during the terrn of this lease the demised premises including the buildings thereon at the commencement of this lease are totally destroyed for any cause, this lease shall become void at Lessee's option. If a Rol r ion or all of the demised premises of any building thereon s_ the commencement of this Lease is totally destroyed or damaged such that the ability of Lessee to conduct its business is substaptially impaired but Lessee has not elected to declare the lease void as provided above, the rental due Lessor shall be equitably adjusted to reflect the unavailability of such buildings to Lessee. In no case shall Lessor be obligated to rebuild or restore the demised premises or any building or portion thereof which may be destroyed or damaged. ARTICLE_,_, VII TERMINATION OF LEASE RND ASSIGNMENT PROVISIONS A. TERMINATION This lease shall terminate at the end of th, full germ hiereof and Lessee shall have no further right or interest in any of the ground or imil'!'Vemente r,, -I •t,Y demised h,,,,,in. E. TERMINATION) F ; LEESEE Page 11 except as expI esaly provided Thi. le;zs•= shall i•e Iubject to termination at the option of Lessee upon i:he happc ni'�7 _,f. ones en- more'of the folle1wirici -vent 1. lice poi man, iit abandonment of tho Airport. The iav;fui by the united Stat. or al , ized agency t.he.reof, of t.hs• control or use of the Airport, or any FUb'_tant iai part or parte. t hen eot. in -,Ch a manner as to subs' -an' _iel 1;yr restict Lessee fo, a Period or at least ni Heti day^ `r om open -aLirq thereon. +. Issua Hca Ly any court of competent Jul it+aic.tion of a,ey injU n!lion in any way preventing of r9;tr ictinj the use of the Airport, and the remaining iu force of such injunction for a period of at least nimety days. q. i -he default 'oy t_essor in the per formai nce of any <ovena nt or agi<-,m,e rr I-nersin required to be performed by Lessor and the fai lore of lessor to reraeciy `BIC 1, li:1 quit for a peri.o,i of thirty days after receipt from Lessee of wr it ton notice to remedy same. 5. In the event of fire or other damages to the premises which would substantially impair the normal onre) ation of business for a period in excess of thirty days. E.. The cessation of profitable operation due to factors beyond the reasonable control of the Lessee. Lessee may exercise the right of termination by written notice to Lessor at any tirm, within, thirty days after the expiration of the Periods mentioned in paragraphs 1 to 6, inclusive, immediately above, and this lease shall terminate as of the dat•• of such notice. Any rentals, due shall be payable only to the clate of ouch r.ermination. C. TERMINATION BY LESSOR This lease shall be subject to termination at the option of Lessor upon the happenirg of any one or more of the following events, which events may be elsewhere described in this Lease as events of default: 1. Lessee ehail be in arrears in the payment of any part of the rent.,;! agreed upon for a period of 15 days after time such pay,nents shall be due. 2. Lessee shall mane a genera: assignment for the benefit of creditors 3. Lessee ehall file a voluntary o, have filed against it ;:,n �- involuntary petition in bankruptcy, provided such. petition whether voluntary or involuntary shall not oe Page 1:' dismissed within 60 days after th- institution thereof. I_eIwll abandon the demised premises. Lessee c. hri II Ali Lcont inue anY 'If lhc• <emmFrc in aviation ,,per at i,,n= of an FBO as outlined in Ai t le I, der tion R. Lessee hall default in the perfurmancr of any of the ,_uvenant c.. arireernents and conditions required herein to be kept and performed by Lessee., and ouch default cuntinu^ for 3 period of 3O days after rer e i p t Df written notice from Lessor of said default. Lessee shal1 fail to maintain current licenses regbired for its aper ation. If an/ of the sail mentioned events continue in effect for thirty (30) clays after written notice has been given by the Lessor to the Lo=see by registered mail the Lessor may terminate this lease by thirty (30) clays wr ittcn notice: and may take possession of the demised premises %ind till improvements located thereon, and may if desirable, remove Lessee's effect, forcibly if necessary, without being guilty of ti r espass or convesion. Upon said default, all rights of Lessee shall Lie terminated, and Lessee hereby ayr ees to surrender up posse=.cion of the demised premises to the City Manager or his designee immediately. Lessor and Lessee shall have and reserve all of their available remedies at law as a result of said breach of contract. D. WAR OR NATIONAL EMERGENCY During the time of war of national emergency, Lessor or Lessee shall have the right to terminate this lease should the Federal Government assume control and possession of the demised premises for military use. E. ASSIGNMENT- AND SUBLETTING This lease shall not be assigned without prior written consent of Lessor, nor shall said premises or any part thereof be used ur permitted to be used for any purpose other than as provided in this Agreement or let or sublet except within the terms of this Agreement but in such event, Lessee shall remain liable to Lessor for the remainder of the term of this lease to pay to Lessor the rental and fees provided for herein upon failure of the assignee to pay the same when due. Any sublessee authorized under this Agreement shall comply with all obligations of Lessee and be entitled to all benefits of Lessee. ARTICLE ,,,_VIII ,. RIGHTS UPON TERMINATION A. FIXED IMPROVEMENTS Fag,,' 11 ht the ler mi hat i.ofl ,f t.hi- Lease fol srry res -.,,II, 1-,=', ,I shall b,- "_t'ei ;. 1n-lve the Ia73 ._mi -:e•{ .r r.ill rztrn-ned 1-1 ear of I1 fi"'3 iull renveme 111 whi, Ih hn ve IP.- ii r ,m -ti u ted nr re,! b•.L-.._. .III:W; CLP ref" ,= . lea_ar 1"-t .�r ed =. to it original comirt i,'n. P p.l2 S fol -aid remov-tI shall I.,c_ =.ut forth in in iting by Lessor to !.-as:. a within tii,"1_y ,'.a'r=, after -et,+,inet Lrl _r iris 1eart,e. If rvmc,' i is� slot requestr ed rr foto th,-:h expi r at i on of •LIC11 thirty clay Pel iod. then Lessee sha 11 av%= no obligation to remove any `^u C;l imps S: Jr-ui F.-nt , out any such ilnpr" overlu"nt s not i Pal d within ninety ,Jays after termination shell be the sole and exc aAE.i'i:' pr Peer ty <-. -4of t bout cosi.. If LvssCr 1-egl- fres - -S 1elloval. Lessee aay ha,P3 r,:. t.ety days after nOtice t4, remc-Je in td.il"I finally to remove arry Ellrh ivlpl"ov',Ments, and if Lesaee fai I�, vemove saie improvements, they may thereafter to r 9 1-,,/ Lessor at Lessee's expense. O. PERSONAL PROPERTY Upon te;-mination Of 'his tease, Lessee sha1.1 iemcve 911 ,-rsonal Property fi On the darni^ed premises within ton d,lys after said termination and if _-.. fails to t"enove,=.r. Oii91 "pert"', r said poperty sha 11 be deemed abandoned aid' ma'/ thereafter be removed by Lessor at t_er•see's expense, and disposed of acccr ding to LeSSOV'c discretion. C. RIGHTS UPON TERMINOTION _essor shall have a Tier upon all property, personal or otherwise, of Lessee for any sinus clue Lessor from I.-essee upon termination of this Lease for ary cause. Lessor may sell the sa-e in a commercially reasonable manner as that term is utilised in the Uniform Commercial Code of Missouri, including the right to sell at public auction upon ter, clays' notice to Lese'er.• and to the rarblic, which notice may be uiven by publication of such notice to, five consecutive days in a new-spaper of general circulation published in Cape Girardeau County, 11issouri, and Lessor may, upon such sale and after deducting the reasonable expense thereof including attorneys' fees, apply the procrreds to any sums due by Lessee to Lessor. Any excess after the payment of all such expenses shall be I',aid over by Lessor to Lessee. ARTICLE _IX GENERAL PROVISIONS A. LESSOR'S RESERVED RIGHTS 1. Lessor at its sole discretion, reserves the right to fu,"tirer develop or improve the aircraft Operating area of the airport_ as it - s fit and to take an action it conside•:-- neces Y ^-ar -i to f`i-^tpc• the aerial approaches of the airport against obstruction;, rnuef hear Page 14 tt i.rh the ri al,t io pi "x'iil Lessee from erectincl cr f'erniitti n.l to be. ,I -d, a'" Ii LJio, :,r -_.thIr structure on th- Si)l art whip -h would limit the uc.efuln,—, „1 the airport or rons,titUte a Le;:ard to e irci of t, in a,. c., r, la ii_e w tSi FAA air rijht: to-Dvi sion- for federally fflmded ai mor'. This Lease shill be subordinat to the provisions of any c aistinot agreement. Ie - t, e,,n Lessor and the H,,i td 9.t at:c, 1;.le,t_iv- to the opo r at ion ''r iu,, i I J'-na nce of the airy„r t:, tltc t iny and execution of which Dave Leen or may Lir. req,.i i, ,l a .c n_lieon precedent to the exp,nditure or reimbursement to Lessor Fer Federal funds for the development of the airport. _. Lessor, th) ough it, duly authorized agent, shall have at any reasonable time the lUll and unrestricted richt. to 9nt2i the leased pr emi=es f,,r tie purTvt--- %�f inspection or maintenance and for thy- purpose of doing any and all things which it is obligaf�d or has the right to do under this agreement. B. NON-INTERFERENCE WITH OPERATION OF AIRPORT Lessee by accepting this Lease expressly agrees for itself, its successors and assigns that it will not make us� of the leased 4 premises in any mann -r which might interfere with the landing and taking off of aircraft from Cape Girardeau Munic ipel Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, Lessor reserves the right to enter upon the premi£eS hereby leased and cause the abatement of such interference at the expense of the Lessee. Lessor shall have the right to maintain and keep in repair the landing area of the airport, and to direct and control all activities of the Lessee in this regard, except as otherwise herein provided. C. PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this lease. D. NOTICES, CONSENTS AND APPROVALS Whenever any notice or payment is required by this Lease to he made, given or transmitted to the parties hereto, such notice or payment shall be deemed to have been given if enclosed in an envelope with sufficient postage attached to insure delivery, and deposited in the United States mail addressed to: Lessor: City of Cape Girardeau, Missouri Mayor City Hall, P.O. Box 564 Page 15 Cape Girardeau, Missouri 637C)1 Lessee: Cape Central Airways, Inc. President Box 99 Cape Girardeau, Missouri 63701 or such other place as either party shall in writing designate in the manner herein provided. E. SUCCESSORS AND ASSIGNS All of the terms, covenants and agreeoients herein contained �1, 11 be binding upon and shall insure to the benefit of successors and assigns of the respective parties hereto. The City of Cape Girardeau reserves the right to review far approval the sale of Cape Central Air weys, Inc. or th echange rf Corporate officers during the term of this lease and arty cxtans io r� therof. This review and approval will riot be unduel delayed cr withheld. IN WITNESS WHEREOF, the parties hereto hove caused this iristrumccnt to be executed as of the day firet above mentioned at Cape ♦► Girardeau, Missouri. BY ATTEST Gene Rhodes Mayor City Cl -r1. CITY OF CAPE GIRARDEAU, MO CITY OF CAPE GIRARDEAU, MO By ATTE`_T Mark C. Spatz Irene- Fet"r President bccretary Treasurer CAPE CENTRAL AIRWAYS, INC. (APE iEf�l f -:'.I_ ?,IR41A'(5, I11- BILL NO. 91-216 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH WEB AERO, INC, FOR A BUILDING AT THE CAPE GIRARDEAU MUNICIPAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a Lease with WEB Aero, Inc., for a building at the Cape Girardeau Municipal Airport. A copy of said Lease is atached to this resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 19_ E. Rhodes, Mayor ATTEST: Julie A. Dale, Deputy City Clerk LEASE THIS LEASE made this day of, 1991, between the City of Cape Girardeau, _ Missouri, a Municipal Corporation, hereinafter called "Lessor" and WEB Aero, Inc., a Missouri Corporation, hereinafter called "Lessee"; IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1. PREMISES. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to take under the terms and conditions set out in this Lease Agreement, the following described property including one (1) building located thereon, which real estate is owned by the City of Cape Girardeau, Missouri, and located at the City's Municipal Airport in Scott County, Missouri: A tract of land situated in the Northeast Quarter of Section 35 and in the Northwest Quarter of Section 36, all in Township 30 North, Range 13 East in Scott Ccunty, Missouri, containing 0.46 acres (more or less) described as follows: Coamence at the Northwest corner of the Northeast Quarter of Section 35, Township 30 North, Range 13 East; thence South, 50.0 feet to the South right-of-way line of the Little River Drainage District Ditch No. 1; thence East along said right-of-way line, 2204.6 feet to the West right-of-way line of the Airport Access Road; thence South 46° 15' East along said right-of-way line, 1,060.5 feet; thence south 0° 30' West, 67.1 feet to the point of beginning; thence South 0° 30' West, 119.0 feet; thence North 891 34' West, 168.0 feet; thence North 0° 30' East, 119.0 feet; thence South 89' 34' East, 168.0 feet to the point of beginning. SECTION 2. TERM. The original term of this Lease shallbe for three (3) years, beginning on November 1, 1991 and terminating on October 31, 1994. Lessee shall have the option to renew this lease at the end of this term upon the renegotiation of the lease payments for an additional term of two (2) years. SECTION 3. RENTAL. Lessee shall pay to Lessor the sum of three hundred forty-five dollars ($345.00) per month. All rental payments shall be made within ten (10) days after the Last day of the month for which the rent is due. SECTION 4. USE OF THE PREMISES. The premises are to be used for the purpose of maintaining personal aircraft and for renovation of aircraft. Lessee shall not use or permit the use of all or any portion of the leased premises in any other manner than herein set forth, without the prior written consent of Lessor. SECTION S. UTILITIES. Lessee shall assume and pay for all costs and charges for utilities services furnished to Lessee during the term of this lease. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused by the operation of its business. Lessor shall, at its sole cost and expense, keep and maintain the building, its fixtures and appurtenances. Lessee shall, at its `- sole cost and expense, keep and maintain all improvements, additions or alterations thereto, equipment and landscaping constructed or installed by the Lessee upon the demised premises, in first-class condition, which condition shall at all times be based on a standard of care reflectingg prudent property management, reasonable wear and tear excepted. SECTION 5. NONDISCRIMINATION. Lessee will not, on the grounds of race, color, or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil Rights Act of 1461, and Part 21 of the Regulations of the Office of the Secretary of Transportation. Lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. Lessee agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for the services provided. ti 2 _ SECTION 7. INDEMNITY. Lessee agrees to indemnify, defend and hold harmless the -� Lessor from claims, demands, actions and suits of every kind because of bodily injury, including death, and property damage which may arise both out of and during this contract whether such operations be by Lessee, Sublessee, agent, employee or anyone directly or indirectly acting on behalf of Lessee. SECTION S. INSURANCE. Lessee shall procure and maintain in effect for the term of this lease agreement, liability insurance in an amount not less than $100,000.00 for one person and $1,000,000.00 for any one accident involving injury, including death or property damage, to more than one person. In addition, Lessee shall procure products liability insurance with limits of not less than $100,000.00 for any one person and $1,000,000.00 for any one accident involving injury, including death, for more than one person. In addition, Lessee shall procure hangar keepers liability insurance for aircraft in custody of Lessee on the demised premises. Both parties may, at their respective options, purchase and keep in effect, insurance on the facility against damage or loss occasioned by fire or other casualty. Lessee shall purchase and maintain Hangarkeepers Liability _ Insurance for aircraft contained on the premises. Certified copies of each policy or a certificate evidencing the existence of the insurance specified herein and naming Lessor as an additional insured on the enumerated insurance policies shall be delivered to Lessor within ten (10) days after the execution of this Lease. If during the term of this lease the premises including the buildings thereon at the commencement of this lease are totally destroyed for any cause, by fire or other casualty, this lease shall become void at Lessee's option. In no case shall Lessor be obligated to rebuild or restore the demised premises or any building or portion thereof which may be destroyed or damaged. SECTION 9. TERMINATION. A. In addition to the methods of termination provided for herein, the Lessee shall have the right to terminate this lease upon the happening of one or more of the following events: The permanent abandonment of the airport. - 3 - 0n 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the airport, or any substantial pert thereof, in such a manner as to substantially restrict Lessee for a period of forty-five (45) days from operating its business thereon. 3. Issuance by any Court of competent jurisdiction of any injunction in any way preventing or restricting the use of the airport, and the remaining in force of such injunction for a period of at least forty-five (45) days. 4. The default of Lessor in the performance of any covenant or agreement herein required to be performed by Lessor, and the failure of Lessor to remedy such default for a period of thirty (30) days after receipt from Lessee of written notice to remedy said default. Lessee may exercise the right of termination by written notice to Lessor at any time within thirty (30) days after any of the expiration periods mentioned in the preceding paragraph. Any notice or other communication to Lessor or Lessee referred to in this lease agreement shall be deemed validly given, served and delivered upon deposit in the United States rail, registered and with proper postage and registration fee prepaid, addressed as follows: LESSOR City Clerk City of Cape Girardeau City Hall 401 Independence Cape Girardeau, MO 63701 LESSEE WEB Aero, Inc. 125 Court Street Jackson, MO 63755 Any and all rentals due shall be payable only to the date of termination. B. This lease shall be subject to termination by Lessor upon the happening of any one or more of the following events: 1. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the time such payments shall be due. 2. Lessee shall make a general assignment for the benefit of creditors. _ 4 _ Lessee shall file a voluntary or have filed against it an involuntary petition in bankruptcy, provided such petition whether voluntary or involuntary shall not be dismissed within fifteen (15) days after it is filed. Lessee shall abandon the demised premises. Lessee shall default in the performance of any of the covenants, agreements and conditions required to be kept and performed by Lessee, and such default continues for a period of thirty (30) days after receipt of written notice from Lessor of said default. Lessor may exercise the right of termination provided for herein by written notice to Lessee at any time after any of the events mentioned above in the method provided in the preceding paragraph of this lease, and this lease shall terminate as of the date of such notice. In the event of termination, Lessor may take possession of the demised premise within ten (10) days after the date of said notice. Default under this lease shall entitle Lessor to declare all remaining installments or rentals to be due and payable immediately and in the event Lessor shall take possession of the demised premises, it may relet the same upon such terms and conditions as it shall deem appropriate, and any deficiency in rental payments shall be and remain the obligation of the Lessee. SECTION 10. INSPECTIONS AND RIGHT TO ENTER. Lessor shall have at any reasonable time during business hours, the full and unrestricted right to enter the leased premises for the purpose of inspection or maintenance and for the purpose of doing any and all things which it is obligated or has a right to do under this agreement. SECTION 11. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment, merchandise, leasehold interests, or other personal property owned or used by Lessee located on the demised premises. SECTION 12. SUCCESSORS AND ASSIGNS. All of the terms, covenants and agreement herein contained shall be binding upon and shall inure to the benefit of the successors, heirs, executors, administrators and assigns of the respective parties hereto. - 5 - M SECTION 13. ASSIGNMENT AND SUBLETTING. This lease shall not be assigned without prior written consent of Lessor nor shall said premises or any part thereof be used or permitted to be used for any purpose other than as provided in this agreement or let or sublet except within the terms of this agreement and with the express written permission of the City Council of Cape Girardeau, Missouri. In any such event, Lessee shall remain liable to Lessor for the remainder of the term of this lease to pay to Lessor the rental and fees provided for herein upon failure of the assignee to pay the same when due. Any subtenant authorized pursuant to this agreement shall comply with all obligations of Lessee and be entitled to all benefits of Lessee. The parties hereto recognize that Mid -States Aeromotive, Inc. presently intends to sublet portions of the premises to Reginald Schenimann and Peter Malone and Lessor does hereby approve these subtenants. All use of the premises by Lessee or any sublessees must be for aviation related activities only. SECTION 14. WAR OR NATIONAL EMERGENCY. During the time of war or national emergency, Lessor or Lessee shall have the right to terminate this Lease should the Federal Government assume control and possession of the premises for military use. SECTION 15. RIGHTS UPON TERMINATION FIXED IMPROVEMENTS. At the termination of this Lease for any reason, Lessor shall be entitled at its option to have the land demised herein returned to it clear of all fixed improvements which have been constructed or acquired by Lessee and restored to its original condition. Request for said removal shall be set forth in writing by Lessor to Lessee within thirty (30) days after termination of this lease. If removal is not requested prior to the expiration of such thirty (30) day period, then Lessee shall have no obligation to remove any such improvements, but any such improvements not removed within ninety (90) days after termination shall be the sole and exclusive property of Lessor without cost. If Lessor requires such removal, Lessee may have ninety (90) days after notice to remove in which finally to remove any such improvements, and if Lessee fails to remove said improvements, they may thereafter be removed by Lessor at Lessee's expense. B. PERSONAL PROPERTY. Upon termination of this Lease, Lessee shall remove all personal property from the demised premises within ten (10) days after said termination and if Lessee fails to remove said personal property, said property shall be deemed abandoned and may thereafter be removed by Lessor at Lessee's expense, and disposed of according to Lessor's discretion. C. RIGHTS UPON TERMINATION. Lessor shall have a lien upon all property, personal or otherwise, of Lessee for any sums due Lessor from Lessee upon termination of this Lease for any cause. Lessor may sell the same in a commercially reasonable manner as that term is utilized in the Uniform Commercial Code of Missouri,_ including the right to sell at public auction upon ten (10) days'- notice to Lessee and to the public, which notice may be given by publication of such notice for five (5) consecutive days in a newspaper of general circulation published in Cape Girardeau County, Missouri, and Lessor may, upon such sale and after deducting the reasonable expense thereof including attorneys' fees, apply the proceeds to any sums due by Lessee to Lessor. Any excess after the payment of all such expenses shall be paid over by Lessor to Lessee. SECTION 16. STORAGE. The parties hereto agree that Lessee will not use or permit the use of any portion of the premises for outdoor storage of aircraft parts or salvage materials. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written, at Cape Girardeau, Missouri. CITY OF CAPE GIRARDEAU, MISSOURI J. Ronald Fischer, City Manager ATTEST: Julie A. Dale, Deputy City Clerk - 7 - L� WEB AERO, INC. Sherry L. Wood, President ATTEST: Gene Brockett, Secretary STATE OF MISSOURI ) ss COUNTY OF CAPE GIRARDEAU ) On this day of , 19 , before me appeared J. Ronald Fischer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. v.. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Delores G. Needham, Notary Public My Commission Expires: October 8, 1992 STATE OF MISSOURI ) SS. COUNTY OF ) On this day of , 1990, before me appeared Sherry L. Wood, to me personally known, who, being by me duly sworn, did say that she is the President of WEB Aero, Inc., a Corporation of the State of Missouri, acting pursuant to authority granted her by a Resolution of WEB Aero, Inc., adopted the day of October, 1991, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation, by authority of its Board of Directors; and said sherry L. Wood acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. (Typed Na -e of Notary Public] My Commission Expires: - 9 - i t 7RANDUM To: Airport Advisory Board FROM: Douglas K. Leslie, Public Works Director DATE: March 16, 1992 SUBJECT: Follow Up to Questions From March 10 Meeting Please find attached a summary of bids received on the airport terminal building project and asbestos removal project. Although the bid for the renovation has been awarded to Sides Construction Company as low bidder, we are continuing to have dif f i.culty getting Sides approved by FAA because of Disadvantaged Business Enterprise efforts. Hopefully this can be resolved within the next week. A question was asked regarding the type of standby power unit included for the building. The unit is a 35 KW diesel generator Which works as a self-contained unit. if you have any further questions concerning the project, Please do not hesitate to contact me. DKL:gc Attachment CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. _37 Agenda February 3, 1992 The Honorable Mayor and Members of the City Council I City of Cape Girardeau, Missouri SI Dear Mayor and Council Members: Subject: Bid Report and Authorization of Contract, Airport Terminal Asbestos Abatement Project On January 30, 1992, bids were receive for the Airport Terminal Asbestos Abatement project, which �s a part of the improvements at the Municipal Airport. i Bids were taken on two removal methods. Scheme! Asbestos Abatement Co. had the low bid of 529,225.(0, utilizing the alternate removal method for the ceiling. It is recommended that the Council p�ss the attached resolution authorizing the City Manager to enter into a contract with Schemel Asbestos Abatement Co. for the removal of asbestos containing material from the Municipal Terminal Building. Respectfully subm4tted, � n J. Kensey Russell, P.E. City Engineer V 'J. Ronald Fischer City Manager JKR/JRF/dc L BID OPENING REPORT PRE-BID ESTIMATE ADDENDUM QUALIE, EASE BID ALT 3I0 CZIT9.A.0".OR t? DOC. 30n. AMOUHT AMOUN". 1. SCEffME?, ASBESTOS ,?,BATEMENT CO. 10. A. M. BIDS WERE OPENED ON JANUARY 30. 1992 AT 10:30 P.M. X3!3 �G+RC,3y 5 2i-I.'IC 3. WESTERN SPRAY INSUL. CC C INC FOR AIRPORT TERMINAL ASBESTOS ABATEMENT '�. 4. WELLINGTON ENV. CCNSCLTI,�n PRE-BID ESTIMATE ADDENDUM QUALIE, EASE BID ALT 3I0 CZIT9.A.0".OR t? DOC. 30n. AMOUHT AMOUN". 1. SCEffME?, ASBESTOS ,?,BATEMENT CO. 10. \C'SL�, 2. MJ ENVIRONMENTAL INC. 'Y i �'(,t-5 `t,E� X3!3 �G+RC,3y 5 2i-I.'IC 3. WESTERN SPRAY INSUL. CC C INC �: ''�� '11t£5 '�. 4. WELLINGTON ENV. CCNSCLTI,�n YES ''{ES '(ES S 3bCCC� k3 nrECt��= 5. SPECIALTY WASIESz- Z?VC, tk!4.� ih 3.2 C�� 55,13-1 ci 7. WASHINGTON DEMCLITICN INC Y.C-"S �iLh `{E5 4-u.lcl "� 2%i"1CcC S. 9. 10. 11. 12. 13. 14. 15. SIGNED DATE -2- THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager �. Council Letter No. =I Agenda February 20, 1992 The Honorable Mayor and Members of the city Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing City Manager to Enter Into a Contract With Sides Construction Company, Inc. for the Renovation of the Cape Girardeau Municipal Airport Terminal Building On February 13, 1992, bids were received for the renovation of the terminal building at the Cape Girardeau Municipal Airport. Sides Construction Company, Inc. submitted the lowest bid of the seven (7) companies participating. The bid tabulation is a*cached for your information, A base bid for the work and several alternates were proposed. it is recommended that the City accept the base bid with alternates Al, A2, and A3, for a total contract amount of $879,550.00. An additional $2,200.00 deduction is included for changing the A2 Alternate to ceramic the instead of granite. The FAA must also approve this Contract, so the Council's authorization at this time is subject to their approval. Respectfully submitted, J. Kensey Russell, P.E. City Engine-- 7 �J. Ronald Fischer Y City Manager JKR/JRF/dc BID TABULATION FORM 4ftIi CONTRACTORS BIC d A S E Ratio R 1 D Bg 4 ConsTRUCTTON _ $1,075 CODV flNONN CONSiRUCtION $ .919.6y0 DO SLOES YSTRUCI OH _ _ �_�_ 968 50,4 UO ARCHITECT 7 A I A 0 9 f 1 1 4141'!Ar 4111101 itG RE HO'ZAI 1 0 N CAPE GI RA R OE All %111 NIL i PAI A I R P 0 U 1 I=U_n I f FT 4 ._ an.w -t EDo.c;l 7 f Daw Feb. 12, 1992 et 3:w P.a Project Bu.: 3 2 Pollo5 t IO'd, �nilenCers Oru 365 d'S}.IiU �9 S U _T I {'`ECTRIf 300 15 10 3 _11-000 Go 2p0.OLl 21 200.00 z7_0 210 1,500.00 _ 4 -1,x00.00 n « n _ OUT•11.11-tsan H9,^.00.110 H f,0UC.0U P.W20C [)Fury Drury 1 11 1,000.r1d _F11 s n EIReauy_ -7,000.30 Miller Miiler NO 010 LI r liitler Miller Miller -.._. ... Miller - Overbo,0 Jones .. ._ Jones 160 000.00 $166 000 OC0.00 Ellts n� _ Elliso _ _ - — 111 •e� - —"— Drury Drury Drury tar try T165,000.00 _ Elt'mnEI von j 00 0 1 00 ha er r19,000,110 1I ,000.00 21,000.00 _ - Jones - Jnnez Overburq q OOO.OU S IbO 000.00 f Ulaon__ Ilisan 75 500.00 Sh -2,800.00 $ 160 OUV.00 s0, J00, 00 9,052.00 -2I. Zt10.00 $H wnee 3.464. Oil -5tnr. nn 4 ._ an.w -t EDo.c;l 7 f Daw Feb. 12, 1992 et 3:w P.a Project Bu.: 3 2 Pollo5 t IO'd, �nilenCers Oru 365 15 S U _T I {'`ECTRIf 300 15 10 3 a 330 z7_0 210 IS 22 l 4 ;w n « n _ OUT•11.11-tsan - _ GENERAL CONTRACSORi _—'--yl— HVAC PLUMBING S U _T I {'`ECTRIf b c 0 1 ENE SPRIPLLER� 5 11 „SO.00 n l3 6)000 II iconJe",FdT j t3 FVOGO Nes„ n Ky 521 R A C J It SIOOVIWORKaL Miller 5 CARPET Miller Pa1NfIHG (Ll70P LNG Oil RAG OR - HOV(RHi� LGANA1JUµ µOYER [OBSTRUQ ION URONN tONSTRVUION KEEENER BROTHERS1Nt. MURRSLLS- IEHZEL C0115T0.ULT ION SCIIEMEI ASSOCIATES SIDES CONSTRUCTION E R ThOMPSON CONSTRUCTION n « n _ OUT•11.11-tsan Jones Miller Miller Mlle __ ,--- Meller [)Fury Drury 1 11 gINJ OOOAO q JU.UU _F11 s n EIReauy_ 49.00 e Miller Miiler NO 010 LI r liitler Miller Miller -.._. ... Miller - Overbo,0 Jones .. ._ Jones 160 000.00 $166 000 OC0.00 Ellts n� _ Elliso _ _ - — 111 •e� - —"— Drury Drury Drury tar try T165,000.00 _ Elt'mnEI von j 00 0 1 00 ha er 't -25A00 . DU ues e'n 2Y Sur lar' Miller Miller_ Milier L 8 0 Carpet Miller Miiler _ - Jones - Jnnez Overburq L 6 0 Carpet Miiler miller S IbO 000.00 f Ulaon__ Ilisan 75 500.00 Sh 5 I) 400_00 Ua scn $ 160 OUV.00 5 75 SVO OV tl 900.00 II r'ison — F111 spn __ Ellism_ A 40-000 0oLIS, $H wnee SuO.INI_ Ext lr Ex'S EF MATE $10.,290.00 2c Ol2W q 14 Holshouser & Associates 219 N. CLARK AVENUE ARCHITECTURE • CONSULTINC PLANN!NC 4 .,r CAPE G:R.aRD_c AU, MO. 63701 ADDITIC"AL ALTERNAIE February 14, 1892 Pro'ect: Airpert Terminal Building Renovation Cape Municipal Airport I55 at Nash Road Exit Cape Girardeau ME 53701 No. A5 - Provide Ceramic Tile in lieu of Granite Tile finish for Masonry Screen (Add Alternate No. A2) if both Alternates A2 & A3 are accepted. Deduct $2,200.00 EXHIBIT "A" (314) 334-6422 BILL NO. 92-34 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SIDES CONSTRUCTION COMPANY, INC. FOR THE RENOVATION OF THE CAPE GIRARDEAU MUNICIPAL AIRPORT TERMINAL BUILDING BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a Contract with Sides Construction Company, Inc, for the renovation of the Cape Girardeau Municipal Airport Terminal Building. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 19_ ATTEST: Julie A. Dais, Deputy City Clerk L. Francis E. Rhodes, Mayor T H 6 A M E k I C A N I N) 'I' I 'f U 'IE O F A k C H I T E C T) .iii L) ucumuw I -! !UI Standard Form of Agreement Between Owner and Contractor u'J)", rbe bush uJ pc Ilwl •ur 1.1 u S711'L,'l:t£LD SU31 1987 EDITION THIS I)00-CII(1,VT Il: IS IJIMJAT. A'7' 1Ji G'•i1. C'Utb'SP IL C'N'CPS: CU.V'St;L7i1 T/UN' KITH A.N AT7'UR.VEY 13' liNCUUi<: I Gl: IJ 4771: Ic1ia!'i-C"1. 10 11 S Co .IIPLL770N OR MW.,114C477(j.\'. V1 :1111 r/l„........r ,uur .. ..r (i,,,, r,,,:und ,t i:J ,. r.u,,,, (, 11 /,,, (.ip,.r...... u,,. I. bina'd a - W, wbm . ,i..,.,.,r ,:....,.11—I, ,,,.. ,, lb” dl. ,..... —1 „ p..<wI ho. h..II.,pp I. II. ..01ul„r1 11 h r 'I'hc,�� 11111.1 tc J \4 ncr II C„ul t II.w n, n.v I IQ(I l AGREEMENT m:ldc :u of Clic EIGHTEENTH 18TH) d:n' of FEBRUARY In the cc:u' of h':nc:[crn Hvl;�:tcil :::.;I N:NE'Y T'AO ;:492;• BETWEEN clic O\v nci CITY OF CAPE GIRARDEAU, MISSOURI P 0 BOX 617 CAPE GIRARDEAU MO 63702-0617 SIDES CCNSTR;IC'SON -OMPANY P 0 BOX 308 CAPE GIRARDEAU MO 63702-0308 rite 7': vlcCt i.,'. AIRPORT TERMINAL BUILDING RENOUAT:ON I�....., .,,,.r n•,,,,,..,,, CAPE GIRARDEAU MUNICIPAL AIRPORT INTERSTATE 55 AT HASH ROAD EXIT. CAPE GIRARDEAU, MISSOURI 63701 "I'llc Architect Li', THOMAS C. HOLSHOUSER 1.\„••„.,,..r,..ee,..r d.b.e. HOLSHOUSER & ASSOCIATES 219 N CLARK AVENUE CAPE GIRARDEAU MO 63701-5104 The 0w (1,:r and Qanuacrur :1, c to ct lurch bcluw. !4�l'f.Flu Iv IVIn141 S, Iv ”. Ivi Iv lyo 1. Pn I•y. Iv _ _... l W a, p: ,,.,. :Jn.w ,. ua � uo..eln... lu 'll\•nn m.0 ; ...... t.. Imrh, ulv ullq, ,}1 yu d Fer, .,..mna, ••L,•,ri.0 .. al, .. ue 1.,11.1 x.v In ,W..a,.. A4(XiCl1MENT A I0 I I– .,n+.n .n>,. .. ,.,.,,.n.r...+..r�\1,1,11 .:., L.au �.. ..r.l...... •.”. v.... A/Ot.isv 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Gamest llleuuxar>.e:.>ar of I::u A,,f=l:<:::. CIG,., & the Curtra.: (Gcv::d. S.:pP;e.;mnuy vnu utn<: cunbi:Iunm, Drxwmg>, 9PeedlGauuN, Adu1 fl L mann Pnur lu cacauu111 W th. ngreemcnl, Ulhtlr Jucwncnln IurcJ m ln. Ayrcenllili and MuWlic ti 1111,10 ,flet eueungn of Ihu Ay1CLIpeI R, MCoe lun rl the CunINCt, Nd aCe full} 1 P.Ift JI the CunlbiCt y If aEuLhi,a IU In. A,Ie nl<nt.111p ,Ill ncrLlrl. the t-C.IVJ•_'.1<pic>Cnl+th«:IbIc 9$l 4n:ch:;:C.l-tom'ilea<^i .lc:uCLn C:C (:X'.fCJ it<fC[G LiS >uPsn<ucs Pnur nc80luu0a,, rrprcxnuuuro ur �gwmalu, c:In,, wnual ur or8 An cnumcrnlun of the Cuntnct Ducum<nU, m:)cf t.^.::n M1tvwtliu::u. a. ::plfcus :n Nud< `l ARTICLE 2 THE WORK OF THIS CONTRACT Th< Cunrraclor iih:dt <seeul< rbc ennrc Wuvk JocobcJ m me ionlCnt Ducmlen6>, cxeeP. ro:bc cucar >peGiiC_H}' ID.^-LAlr il n the CUiILrJLl D uiilcno w be the re.PumlblLty of ofbcn, ur a lulluwr. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The ";: al wmmrn<cmcm J the m:rc from wbLn :ac Ca.u:'„n ”: 1.11c 1E F'Foprapn ,,! n:mxufcJ. eIj ;i.1 i. Ih<u.r:c ,f Inl1 Ay6ement, 1 2111 wnttcn abuve, unlo>'+dlllctcnl llile la SLa110 bcluw 111)1111.1111 1> luaus lur 111e lA. w Uc iueJ 1111 muds rtl b(faCcti -uo by (h< O.ii r. .'l, u/. nm1..... m.• q unv..... •......dr The Date of Co:reacement shall he the Date of the "Notice To Proceed". jnlns the ILw 1f Cal..... l5mn! o c>ubJ,hcU by o ounce lu pn)CCeu muco by the Owncl', the Cunlmaur>IWI nuap the Owner in wnung no: 1L» tl:a:: lire ua}'>'xfwc �uouueuoug ttic W.k to 111:nu1 die =.1y filing 1i uwnpagc>. nmeh.uue'> kli, Jou 11hcr racunly wlucw. 3.2 1 h ClJIIl4Ct.1 >h'JII Jehlcvc h.111Unml Cuulplelwn of the enure W1rk nm LII. 0, a•n 1111. d•a r,g., ,10- ..q,• •,..n u... n......... r .•.., ery•,.•,e,. vd•.r..x1..n 1. ••yr. • ... .... ul^•nu•,•.�:a. •.r<.)u r,u ... ,a .x n.. r.un... •.0 n.m ,r. iTwo Hundred and Ten "J(210), Calendar Days from the Date of the "Notice To Proceed" . r.b,11 to adjumlucnn of Ihu LullliacL T m1c a, prualdcJ m the Clulract Uucumcnl., p,.., n p. n••,,. y,, y_ p., e.,,,•e..rcd.:.. 1. ,n••. •� .. �..•.... 1111 .a ..,, u, •, � Liquidated damages of Four Hundred Fifty Dollars. ($450.00) will be charged for each calendar day the work is not completed past the completion date as noted above. A. p .Jkl ,T 1101. 11,11A11111,11 full 11d'll Ili i1 • 11101111,011111] - <IAl I'la.au.u.xn 1e1ll11$L u...cunx..1>.: 1111..]..x,....:—.., 1111>Ium.r.J.+.ua'.�u.,. A101-1987 2 rt. ARTICLE 4 CONTRACT SUM 4.1 1lu tl:< Gmre:..r u: <w:cm :u::1. !vr a.<it. [omrx::l:c I Eight Hundred, Seventy Nine Thousand, Five Hundred,& Fif;'�� 0"v"' (1 879, 550.00 ), >ublut N, . uu w vduawm li prucucd ,, the cam 4.2 "ITc Cwurst hum u Uuscd upon the lolluw mg vl¢rn.tc., tl -.0 rv, 111111! 111 dc>:uhld w the Cunt ua Va<W IICOb ma .rc ..:.........:1, .,,� :..:.... �:::...:. .w..... ,.:...e, .��,�,.:..w,. w... ...... .... �..................n�n.,.... .. ... ��::...:.................................. I. .... .... Base Bid = $868,500.00 Alt. No. A1 -Standby Power System + S 17,750.00 Alt. No. A2 -Granite & Masonry Screen + $ 15,500.00 Alt. NO. A3 -Ceramic Tile in Lieu of Granite - $ 20,000.00 Alt. No. A5 -Ceramic Tile at ALt. No. A2 - S 2,200.00 $379,550.00 4.3 Uft., p:acn. it ,..y, ac a 0.,Ilu1a Change Orders: Contractor's percentage for extra work over and above actual costs, includes alProf'.: and Overhead = Twenty Two Percent (22%) AU DOCUMENT Atat. uu Nlkk1-A..:ru. n..10.c}u Nt. I wu.r ul e:nlwn...,A, .v—w _. _.. ,I I.11lt,01IN.1, Lilu m AltlllllCt I a171alau>„un..+:I.:r. a w. v,.>:;;.w r:,n,,,.: a..... A101-1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 vhd.ucdhuepuOnwliII InLia IIIaifu,er pl"m$gIn, acI>LL11 >U4 bynI1l1nIIIlu uwn rahueMoa1111, 11111111y adlucnGr baaSuueunrslJ Cno/iaama Iur l'aynlcln muNbY the [u rhe Cv::vawr u pw+,Jca be:uw mJ clmwhuc In the Contract Uucumcnlr a` 5.2 Parbd co+c:c.: It, e-:.^. appaunnl ;u., F...rrcr:: ^.:.:m vnz<::ar+a::J.ron4. crvc:e vc::x:.:.:....y'a:::c rl-n:h, or lolluw> Fericd sra t' end or. the �t_ee^th (:511) Car of each Me r, t�, 5.3 P JCJ an AtlPILLIII.11 Wl Pay m u > r J by ll c Arabb .... wt I t , uI III 'Wert e,n1/20'n -y at month Um:,w.mr h' - by I d I' I,a,c th, r Tenth (10th! day ul In fol !awl ngn:Gllh li A)pl III I') [ cal by lhl All al I}at carr, dlc appbanwn Jwc IiacJ abu+ , Pa)naal >Itaii ba uudl b, :1 Uwucr uat 1"'i n:an Twenty ( r2,0l a')'' Jlwr III N:hu:1 rt.auvo the NptahcJuvU Wr I'oyluaA. 5.4 Lac' .tpphaaoua Jut Payrllcn[ kall be I, -,a upun :hc b:hcduk ul vduo wWuulaJ by IIIc Cumidatar II .1c.1.11z 111, mC Cwa[hCi U t adlLn,, TLc ba.^.auk ui I,aiue>>ha'rt jail, th, _ ucr Cu::::'-:; >-,i .: rlrh y:c vntruu> fu,: ,vm ,,: u¢'xon. and be 11,l,, IU Ia aln Joel, al1J mp;... WILl Uy wal J.:tl III mb>111uu,c ha ILIIII ,.) J.> IIIc Alllul<CI IILy rcyuuc. I aib i<hcJuk. u... uo ec:a'd to by 4:4, .iailN:a'I, >h'ab a, v>aJ as a bsu i..: rtu-»'Ing :be C+nu:aa4t'> Ap(pb:auuM Ivr Pa) ui-lil 5.5 APPh:aluu> al Faymrnt 111,11 wQlCIII rbc pcn.rnupc ul wluplcuuu u1 ra.Jl puluab a[ uµ wwk a+ul IIIc c:uat ih<pctwd cuwrJ by in, Apphulwn Jur I'q'Iacm. 5.6 t,ub,"I w IIIc Pmvuwn> uJ the l.uuluU UucuNnlpr III Juwl:l ul u[n Iu g'111,1 ply Iucn[ ,hail IIc a crPuwu a> U11,111 5.6-1 TaAC IhalQualub ullhc ca,""cl LIam;➢uJIaf[, allu,,DII lu<uulPllwdN urkA dClcrinlllt J b)'lI1Wl,p )Illg lht' ),rc,nta,c wnyacuun at ca :h pu¢u ll ul me work by ILc_>i::rr al tiva :ut.li Su: I mu,.alrJ nr Ii¢: p.,n:ml .,1 :[,r walk u1 :ac bdlNulc of VAuc>. Ic» rcd,....gc at Ten PIfLILLI 1Q, Pco- :vg ::c.d JZI,, lu:nat:u11 u: uau to the ti..:Ir: ul C. I dm w1e k, vu. mel, III'(u: Jnpu¢ nay %, r uxludcJ as pmc WCJ-Irl SuI,,dr graph ') 7 ul 11IC Cc Ia.la Cuudu In> c, cl I Ia ugn LL1c (Lonna 1 num h..+uul )nI bIdcI U la lgc Old.,. $,6.2 Add bIa[ (Ur'nun oI ulc Canna: mrm pu,ncri, j;u,ablr w nuJIuLa, a+lU I", Iur >ubocyucnl Iu:uTil r_uul: in III cuulPkmJ cululruQluu („r.:i aphruvcJ u: aJvuhc by III U+vncr,>w,.,bl) >NrrcJ at 1111 ua us,lu,Juwl,KrccJ upuu al walulgl, k>.+rc:v,ugc ui Ten pcnrnt l 10 '::J; 5.6.3 SUbII-CI lhC alb;Icyam ur plalarw paylncna, nudr by the Owucr, n1J 5.6.4 Sub[r n vIIaunu, It au , fur whmh [hc ArcNmu b,u e'¢hhcid ul nutllhcd a Ccm6a.m liar Papum: a. P[andcJ w Mary prapb 9 i ul the Ccucrm CandWun, proFm>a Pay nl-.-.r a.uacm uctcm LncJ e: be ier N.cr Ann::ima a.:Jcr paz :ur.uwc:g 5.7.1 Add. -(xrn _ahs[aar''. C :apla:wn of a:c +Sari. a Burl ,u(liC.enr it, uulc,.e I! Ir [mJ Ninety Five Pemem( 95 r -I at IIII canrna lull, Ica, web mLuuny a [he 1c[%UCt ,hall Jetenumc Iur Irtcunlpllie Wad anal uNeIJCJ eWana, allal 5.7.2 ,Add. It Iinal wrrlpicnun ur IhC w'ar'n a blvrc.mcr Iam II.Laly alio, of rhro„ph It. :aa Ll os wrr>a:I,ar, any adJ¢Ionm al 4a uuII pay ab lc u accurua icc wItI Subp.n agnph U IU.1 u the Ccncl at CunlLhuu>. 5.8 itWe::Iwl ur im'n,3[rma di ;a., v:gq A v y, >ha1: cc m feu:awa p/ u J Vv r \u<r.l uW Oen/dvl r o/ ;e, r n I uµr, r m. /.vr rryy o rrq.L.aulrrrrJfl,-m.rrr.rrrLrra.r, rrrf.�Irl. r,r/.a,.Ir u. r. rrr .rGrrrin.,l o... r.rrr, ria. rr..n e, ,pr rr./r.. .,.. rr,re rprr/ If in the opinion of the Owner and Architect the Contractor•naS faitnfal'Iy performed his work, retainage may be reduced to Five Percent (5) after the project is Fifty Percent (;Oro) compii AIA bOCUYE.T A101µa 11 11 �.lx n II •'IU I,L1 I1.4111u1v • ,L+' un..eulul..n lminou1all —1l 1111,111, 1711.1 1 n:xn.<uLl., II u..vllm:l un, u.. �unr AIDI-1987 4 ARTICLE 6 FINAL PAYMENT Fm,:i pi, tIvit tun,oar,: ,g my Jnit" mr,,,: 9: k:n, e if ile fum rao 5c:rn. x:1,:11, made hr, uIC Otmrr In 'h;: Conuacte: when C: the Contact h.ca hccn Willype rfurmvd by dw Cllntr.wmr esecpt fur the Cr InIGlRuf I re,ponslh bly to correct nnnonfurnnng CX ,,k n, Pro, id d m. Suhpamxr:q,h 1.2 2,1 td II" Gcnrr:ll (L,ndun,n< and It a:lfi,fy other regolrrmem., if in y, which ntCexarily survn, tm'.d Plc mCW. and (21 a fin:A Ccn,:leltc tur Payment h.1, hern...ued by rhe are hnc<t.>udt nria payment h& nc mad<hy the Owner nrn marc Iml 5o d.l (, aiCr the i..u.In1c it the Archucct', final Ccrl lli,;ate fit, P,yncril. nr :i, lillluw'r _ARTICLE 7 MISCELLANEOUS PROVISIONS NW Zl tc'hclx rl1tr<',,,5111.101 in Illi,Apnrmcntn, a prrn nlnn uW ihv Gcncai Cun,iunm. uranalhcr Cnmrac P,aumrnt, h, ,f. c mnoo IL 11-11 111111.11 prnr elan 11 anlcnldcJ 1a wpplcmcnrt'd by olhcr pn 1c 1.1.......f Ow Contract IA,mn,n x 7.2 P'acnlcnn uuo on.i vnp::1-u unocr It:c t:o n:r..I .c:f. rvr,r :o:crc.t to:m in, , vnl"i a 0uc at Inc na•.Ia:r:I lkana, n1-:^ tilt' :I "IrI C Mmol, .It 1111 t'pal .,I,prt'c'dl ng rUm tient' Ill Ill➢C .II it,, pl.,,c ,\hPK IIS Pralva L, holed. Not Applicable. l 1- olt. henb",I.Ii u11,,,,v.n.,nn,n1-r./......nn4..... nyulupnm ql(L\..f:.ruvl rrul 'It „fn n,tn;", I . . Pr ... r:Jl ....p.... r/J: u..u,...m mPun:. ort ruW N.:...... A I .. n1-. ml4 u: n gfl. n a: l 11- nn, 1 urvn vl•r ARTICLE 8 TERMINATION OR SUSPENSION '�. 8.1 1 h (nnrt.11I Ince he nmr.,,mld by the thcner or IN ( Inr,i(mr a, pnl,'ulcd In Tni01r I of the Gane•al Cnndeinn. 8.2 111, V',:r'. nvm :x' .u,paroileY,'+r I' c 0,\nar :.n in Anz le I., of :he Gcnaetl CnnCr,rrr AIA MCUMgNT AlitY.I Il IIIIIIA, HIK At.NI INII 51 • ,115111 11,1111,.. • d1.\• 1..1. \\.aa:",`ill Ii:s ..c. n' 1 r.. ,1 en't l.s., 11 .:t — ,x111., 1 -,m -.u: ... A701-1487 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Comma Documentsexcept for Modifications mucd after execuuon of this Agrccmcnt, arc enumerated � follows 9.1.1 The Agrccmcnt .s inn cxcc'cd Scn6vu forth of Agreement i7ccwcen Owncf and Corvtnctoa AIA DOC mcrt AI01, 1981' Edmon, 9,1.2 The GenemJ Cold tions arc :dc Gcnaal Conations of oit Contra for Construction, AIA DW roto: A291, :987 Edition. 9.1.3 The Supplementary and other Condhions of the Contract arc those conrau cd in the Protect Manual elated November 8, 1991 . and arc as foilo mss: Documcm Tidc 2 page 00100 INVITATION TO BID 41030 6 00200 INSTRUCTIONS TO BIDDERS, AIA A701 (1987) 7 C1 310 "r ROP"SAL FORM 5 00400 GENERAL CONDITIONS, AIA A201 (1987) 1 COSOO INDEX OF DRAWINGS PROJECT CLOSEOUT 1. 00600 MISSOURI PREVAILING WAGE LAW 3 4 00700 U-S,DEPARTMENIT OF LABOR WAGE RATES 22 00800 DAVIS-BACON ACT REQUIREMENTS FOUNDATION DRAINAGE 10 00900 EQUAL EMPLOYMENT OPPORTUNITY & CERTIFICATION 14 00950 DBE CONTRACT PROVISIONS 03521 22 01000 BUY AMERICAN REQUIREMENTS REINFORCED UNIT MASONRY 12 9.1,4 The Spcafe¢wns arc thnre comuncd In the Ptt)jeCl M:Inual Ncd . In Suhpaucraph 9. 1 3, and are as fellness rt n.nu rr.�rsx Aa,w,r,.....,v.rlo.u,i.,. ,nrau er,f•.n ntl,•nc.w n.. n) !:colon . Tide pages DiOio SUMMARY OF THE WORK 2 01027 APPLICATIONS FOR PAYMENT 4 41030 ALTERNATES 2 01040 PROJECT COORDINATION 3 01045 CU'TING & PA'C,I:NG 01300 SUBMITTALS 5 01500 TEMPORARY FACILITIES 8 01700 PROJECT CLOSEOUT 5 01740 WARRANTIES AND BONDS 3 02070 SELECTIVE DEMOLITION 5 02200 EARTHWORK 4 02710 FOUNDATION DRAINAGE 2 02900 LANDSCAPE WORK 6 03310 CONCRETE WORK 14" 03521 LIGHTWEIGHT INSULATING CONCRETE 3 04230 REINFORCED UNIT MASONRY 6 05120 STRUCTURAL STEEL 8 05210 STEEL JOISTS 4 06100 ROUGH CARPEN"RY 4 06402 INTERIOR ARCHITECTURAL WOODWORK 8 07200 INSULATICN 4 07241 EXTERIOR INSULATION & FINISH SYSTEM - CLASS PB 7 07410 MANUFACTURED WALL PANELS 4 07420 COLUMN COVERS 4 07480 EXTERIOR CEMENT BOARD CURTAIN WALL SYSTEMS 7 " �ume.T AIOtULLNFB CONTNA17014 Ar XIINM NT - T`YI Lk TII FoITION - AIA' W PIN' ort AN elut.>N I N11 IT IuF Axon¢cas. 1-11.11.1 rnxr:"'I`Ve, Nm, lA.umt tt)n. uc lL.' Aipt-1967 8 t 9.1.4 The Spcal.Cauum u: ho,c' coni.uncJ m me P(o,ct Manuxi t1 'j A rn Sotljl=g(aph 9. 1.3, mu am as (OjCu6: /b ex r nu tl. d... v,lx nenna ..,n,..... n .. nu ....,n, ./ S Non Title Ages 07S3C SINGLE PLY MEMBRANE ROOFING 07600 FLASH:NG AND SHEET METAL 07700 ROOF SPECIALTIES AND ACCESSORIES 07820 VEETA',FFAM"EO SKYLIGHTS 07901 JOINT SEALANTS :.8":1 STA' FR" ST_- CORS AND FRAMES 08211 FLUSH WOOD DOORS C833C OVERHEAD COILING DOORS 08340 OVERHEAD COILING GRILLES 08380 TRAFFIC DOORS 08410 ALUMINUM ENTRANCES & STOREFRONTS 08460 AUTOMATIC ENTRANCE DOORS 08710 EiN:SH HARDWARE 08800 GLASS AND GLAHNG 0920E -ATH AND PLASTER 09250 GYPSUM DRYWALL C9300 T!LS 09390 STONE VENEER 09511. ACOUSTICAL PANEL CEILINGS 09514 SNAP -IN PARALLEL SEAM CEILINGS 09650 RESILIENT FLOORING 39680 CARPETING 09900 PAINTING 03951". WAL_CO'f Ek:NG 10100 VISUAL DISPLAY BOARDS '_0150 TOILET PARTITIONS 10200 LOUVERS & K;iTS 10350 FLAGPOLES 10425 SIGNS 10500 METAL LOCKERS 3522 FIRE EKTit.GJISHEnS AND CABINETS 10652 FOLDING PANEL PARTITIONS :0750 TE -EP -,CNF SPEC:A_T:ES 10800 TOILET AND BATH ACCESSORIES 10900 METAL SHELVING 11040 EQUIPMENT FURNISHED BY OWNER 12500 WINDOW TREATMENT 12680 FOOT GRILLES12900 BUILDING ACCESSORIES '5100 MECHAN:CA- AND ELECTR'GAL CONDITIONS 15200 HEATING, PIPING AND AIR CONDITIONING 15300 MEC^AN:CAI. VENT:! AT:ON 15400 TEMPERATURE CONTROLS (Add by Addendum No. 4) 15500 PLUMBING 15600 INSULATION 15700 FIRE PROTECTION SYSTEM iS200 ELECTRICAL POWER & LIGHTING 16300 FIRE DETECTION AND ALARM SYSTEMS :64CC EME&GENIY POWER EYUIPI:ENT AIA UCCUMeNT A101.0u'Nhx,,"1.I, T0111,1,... ,.i. (u lllln kUl l'L .n, nln' :41'/n' uu&NlfEILAN$NInnn'+of nNu<: a C', r'I," I nm<.n nrar n.nl..neu,. a i. :u... A141g987 7 9.1.5 Th. Ur.lw lnw. ,n ... r�ei.,,, N. ,nd „. ,i.u.d NOVEMBER 8, 1991 Number NTlllc unle... Jiff rem d:na ,, shu wn below: CS - INDEX - SYMBOLS - VICINITY MAP. Al - SITE PLAN - EGRESS PLAN AND CODE DATA A2 - DEMOLITION PLAN. A3 - FLOOR PLAN - DOOR SCHEDULE - PARTITION SCHEDULE. A4 - REFLECTED CEILING PLAN. AS - ROOF PLAN AND ROOF DETAILS. AS - EXTERIOR ELEVATIONS. Al - BUILDING SECTIONS AND DETAILS. A8 - DOOR TYPES AND DETAILS. A9 - CABINET. ELEVATIONS - DETAILS. AID- WALL SECTIONS. A11- ENLARGED KITCHEN/LOUNGE AND RESTROOM PLANS. STRUCTURAL S1 - FOUNDATION PLAN - DETAILS. 52 - ROOF FRAMING PLAN - DETAILS. S3 - STRUCTURAL DETAILS. MECHANICAL AND ELECTRICAL ME1- DEMOLITION PLAN. ME2- ROOF PLAN - FAN SCHEDULE. M1 - MECHANICAL PLAN - GRILLE & DIFFUSER SCHEDULE. M2 - PLUMBING & FIRE PROTECTION PLAN - PL'UMBING SCHEDULE. M3 - KITCHEN PLAN - MECHANICAL ROOM PLAN - SCHEDULES. E1 - ELECTRICAL PO4ER PLAN - FIRE ALARM DIAGRAM. E2 - LIGHTING PLAN - CONSTRUCTION PHASE PLAN. E3 - KITCHEN/LOUNGE PLAN - MECHANICAL EQUIPEMNT SCHEDULES. 23 SHEETS TOTAL 9.1.6 i,ic nddrnd.r, J ii, .rt, ., r d1, .. Numh, Dmc NO. 1 DECEMBER 11, 1991 NO. 2 JANUARY 2, 1992 NO. 3 JANUARY 29, 1992 NO. 4 FEBRUARY 5, 1992 Date rngcs n• nu,••f.,,Id,ud.,1,I'll", 1. r hML hlg ¢'tWtnl, nr. .r tt r 1, .1 r lh,f.nlr cu,I).muruoNl,nnlr Ni m, hraa... .-NTflu qT.l cllr. ,rt .11.. r, r n L u, r. a,'d m 11111 AI r Ik •, AUA DDCUMenT Amt . N uN - - I .. NNwn. 1.rn.l 11. II 111.11111111. 1' �..1111.11n .NN 1, a I11 1nu 1 wuv.nn 111 : A181-1987 8 6%W 9.1.7 Other documeme, if any, funning pan of the Contract Olxumcnes are as follows: (!u mLlm nrl Jr. rtFu ..... In/omiln w/Ib Cn ...Mum a nY 6.1.16.1.. Vym'iM ldalbWlmy rn(w IarYd enrnu lair r, leen. mpl../„m mI rM. Con Tnu(u ra(nr.r ail nx conl.u[uMv,marra vnlna nrunrsolM rrr nm. x.n mnrr inn world lx o,o-e ^�^� r U'I d •mmwr a u, rnyn ��/aM� <mm�.n,ua.mr 1)� Exhibit "A": Additional Alternates, Dated February 13, 1992. Exhibit "B": Sides Construction Company's Bid Proposal Fnrm, Dated February 12, 1992. This Agreement a encored Into :u of the day and year first wnncn fio.c and a executed inn least three original copies of which one n to he deh�cred m the Contcmtor, one to the AlLhitect fur use in the administration of the Contract, and the remainder to the 0, n” OWrNCRCity of Cape Girardeau CONTRACTOH Sides Construction Co., Inc. n,t.nm"rx9 /uel"urrn9 J. Ronald Fischer, City Manager Bill Heisserer, Vice President p .,,rn,l rm,nr anIo",, lPmved /aaan. n.id uMcl AIA COCAYEMT A101 • 0.'11 M-U)NrNACTIA M.HLEIIFAT • rVi VUTII MITloa • MA. •';noxv nIr AF¢x¢Arw.TrruTF ur A xcurTray. ufs Mlw Truk Av[nc t n Mr r. VAlI1PGTVN, o c 21.16 A101-1987 9 Holshouser & Associates �N 219 N. CLARK AVENUE ARCHITECTURE + CONSULTING PLANNING CAPE GIRARDEAU, MO. 63701 ADD',T'.OI1AL ALTERNAIE February 14, 1992 Project: Airport Terminal Building Renovation Cape Municipal Airport 155 at Nash Road Exit Cape Girareeau P'.0 63701 No. A6 - Provide Ceramic Tile in lieu of Granite Tile finish for Masonry Screen (Add Alternate No. A2) if both Alternates A2 8 A3 are accepted. Deduct $2,200.00 EXH131T "A" (314) 334.6422 00300 - BID PROPOSAL FORM (Submit Two Copies) Contractor: SIDES CONSTRUCTION COMPANY, INC. Address: POB 308. Cape Girardeau, Mo 6370:-0303 PROPOSAL FOR AIRPORT TERMINAL BUILDING RENOVATION CAPE G:RARD"EAJ Muir:C:PAL A:P.r""ORT INTERSTATE 55 AT NASH RO:,C EX:' CAPE GIRARDEAU, MISSOURI TO: City of Cape Girardeau „n,- Fe�ruary 12, 1992 Gentlemen: I (We) propose to furnish all labor, materials and equipment receisary to perform, and)or install all work for the addition and renovation of Airport Terminal Building, Cape Girardeau, Missouri, as shown on the Con.ract Documents prepared -by nclsheuser & Associates, Arcnitect, Dated November B, 1991 as follows: 1. BASE BID . . . . . . . . . . . . . . . . 2. ALTEP.NAIES I n. - Star=y Power System . . .(Add)$ J oc. A2 - Masc^ry & Granite Screen, .(Add)$ No. A3 -Ceram':c in lien efGra-, i te( Dec!— t)$."2d c, a o No. A4 - Alternate Roo: S step.: Y (-.�Dzdutt)$4}},... fur No. AS - Delete Restroom Work. .(Deduct), S-1) 3. SUBCONTRACTORS The general contractor hereby certifies that proposals from the following subcortractors were used in the p*eparaticn of his b'C 00300-1 BID PROPOSAL FORM EXHIBIT "8" I . HVAC Work 2. Plumbing Work 4, PA:/�-, - 5 r� 3. Electrical & Alarm Work 4. Fire sprinkler Contract 5. Gypsum/Metal Stud Work 1.7 6. Carpeting Work — i7, -,/ 7. Painting Work '� .lL.... " 7 J 8. Flooring Contractor-,r-111,,,�Y .,�.l.a/ r: --lip 9. Roofing Contractor 4. CALENDAR DAYS I (We) propose to complete all work in 210 Calendar Days from Date of Contract. 5. CHANGE ORDERS Contractor percentage for extra work over & above actual cost under change orders shall be: Includes all profit, overhead 8 taxes 22 u 6. WAGE RATES It is understood that the schedule of minimum wage rates, as established by the U.S. Secretary of Labor and Missouri Division of Labor Standards, included in the Specifications, are to govern on this project, and that the undersigned certifies that he has examined this schedule of wage rates and that the prices bid are based on such established wage rates. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The undersigned hereby assures that he will make sufficient reasonable efforts to meet the DBE Goals, and assures that he will subcontract ten and 7 hundredths percent (10.7) of the dollar value of the prime contract to DBE firms. The undersigned hereby 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: 00300-2 BID PROPOSAL FORM, The Bidder has X has not participated in previous contract subject to the equal opoortunity 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 am such contract due under applicable filing requiremen s ; 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 is a previous contract subject to the Equal Opportunit„ Clause and has not wbmit Sed 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 Fnrm 100 is normally furnished contractors annual] v, 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 following address: Joint Reporting Committee 1(100 G street Washington DC 20505 The undersigned ce, ti fies that he does not maintein or provide for his employees any segregated facilites at ami o`, his establishments, and that he does not pe -mit his employees to perform their services at an v location, under his control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "Segregated Facilites" means an waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, tineclocks, locker rooms and other storage or dressing areas, oarking lots, drinking fountains, recreation or entertainmentareas, transportation, and housing facilites provided for emplo vees which are segregated by explicit directive or are in face segregated on the basis of race, color, religion, or rational 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 certifications in his files. ATTACH DBE UTILIZATION PLAN to Bid Form. See Forms in Section 00950 OBE Contract Provisions. 00300-3 BID PROPOSAL FORM No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3 (a) of the Davis -Bacon Act or '.9 CFR 5.12 (a) (1). ll. The undersigned 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. 12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY. .AND VOLUNTARY EXCLUSION - 49 DFR PART 29 Version 1, 1/5/90 The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 13. ADDENDUMS I (We) received Addendum(s) No. 1, 2, 3, 4 (fill in number received, if none, write. none). The Owner reserves the right to reject an or all bids and to waive informalities. Bids shall remain valid for Sixty (60) days after openings. SIDES CONSTRUCTION COMPANY, INC. COMPANY NAME Bill lleisserer Vice President Name of Owner President, it Corp. SlgnatUre of Authorized OfficerSecretary,It Corp. Seal: (If Corp.) NOTE: The penalty for making false statements in offers is prescribed in 18 USC 101. 00300-5 BID PROPOSAL FORM B. BONDS Toe 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 contrac* (performance and pa vment) sand on AIA forms within ten (10) days after the Notice of Award. As an evidence of good faith ii submitting this proposal, the under, igeed e^c'. ores a certified check or gid Eo^de amount of $ 5S of amount bid which. in case he refuses or fails to accept an award and to enter into a contract and file the req -'red bonds within the prescribed time, shalt be forfeited to the City of Cape Girardeau as liquidated damages. CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS `l2 rsion 1, 1I5/gGi satisfv Clean Air and Water Pollution Cor..rai R>quSrYTenis on all Construction Contracts and Subcontracts exceeding $100,000, Contractors and Subcent,actors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is .not listed on the Enviramental Protaction Ag-ncy (EPA) list cf volating facilites. ~ comply ttIt a1y s of _ect:tn 1'4 the. Clean Air Act, as amended, 42 U.S.C, 1857 Pt seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 L.S.C. 1251 et seq. relating to- inspection, monitoring, entrv, reports, and information, as well as _all other requirements specified in Section 114 and Section 3308 of tie Acts, respectively, and all ocher regulations and guidelines issued thereunder. c. That, as a condition for award of this cnntrac :, the Con2raC:C^ or Subcortractan wi'�' notify the awarding official of the receipt of any communication from the EPA indicating that a I acility to be used for the performance of ar benefit from the contract is under consideration to be listed on the EPA list of Violating Facilities. d. To include or cause to be included in any construction con:^act or subcontract which exceeds S:OC,OCG the a f remar.t i on.ed criteria and requirements. 10. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest is the contractor's firm is a persons or firm ineligible to be awarded Government contracts by virtue of Section 3 (a) of the Davis -Bacon Ac_ or 29 CFR 5.12 (a) (1). 00300-4 B1D PROPOSAL FORM CAPE GIRARDEAU MUNICIPAL AIRPORT DBE UTILIZATION PLAN (ATTACH TO BIO FORM) (1) POLICY It is the policy of the City of Cape Girardeau that disadvantaged businesses as defined in 49 CFR Part 33 and the City of Cape Girardeau DBE Program shall have the maximus opportunity to participate in the performance of contracts financed in whole or in par: with Federal Aviation Administration (FAA) funds. Consequently the requir?ments of 49 CFR Part 23 apply to this contract. (2) OBLIGATION The contractor agrees to ensure tha. disadvantaged businesses as defined in 49 CFR Part 23 and the City of Cape Girardeau OBE Program have the maximum opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with FAA funds. The contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 and the Citv of Cape Girardeau DBE Program to ensure that said businesses have the maximum opportunity to compete for and perform under this contract. The contractor shall no: discriminate on the basis of race, color, national origin or sex in the award and performance of contracts. (3) PROJECT AND BID IDENTIFICATION Complete the following inrormation concerning the project and bid: Project Ai -port Terminal Ruildine Addition, Cape Girardeau Municipal Airport Bid Date: Fe*nrua*v 12, 19o' Total Bid Amount: Contract DBE Goal j o, 75 c o '-"' (Percent) Dollar Amount (4i ASSURANCE I, acting in my capacity as an officer of the undersigned bidder if a joint venture, hereby assure the City of Cape Girardeau that on this project my company will: L..e Meet or exceed contract award goals and will provide participation as follows: Disadvantaged Business Participation F e Z Percent. Fail to meet contract award coals but will demonstrate that good faith efforts were made to meet the goals and that my company will provide participation as follows: Disadvantaged Business Participation Percent. Sides Construction Co Comoanv B y� G "t12 �e Pres idenc I%—ta 2/12/92 00900 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUN:TY GENERAL BIDDERS NAME SIDES CONSTRUCTION CO`u`ANY, INC. ADDRESS P08 308, Cane Girardeau, MO 63702-0308 INTERNAL REVENUE EMPLOYER IDENTIFICATION NUMBER 43 0732830 NONSECREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contact exceeding 3:C,OCO which is not exempt from the provisions of the equal opportunity clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exemot fron the Provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts rwhere the subcontracts exceed $10,000 and are not exe;rpt from the -provisions of the Eq:ai Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACIL'.TiES: A Ce-tificatior. of Nc^segregated Facilities must be s„bmitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions o` the Equal Cppert.:nity Clause. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause w'. it be required to provide for the forwarding of this notice to prospective subcontractors for supplies and constructior. contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S,C. 1001. 00900-13 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION OF NONSEGREGATED FACILITIES The federally assisted construction contractor certified that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perforn their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and ..that he -.-will. not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal 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, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin, because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontracidrs for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. Certification - The information above is true and complete to the best of my knowledge and belief. 34_11 Aeisserer, Vice President Name and Title of Sicner please type February 12, 1992 `��-3igna to re Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 00900-15 EQUAL EMPLOYMENT OPPORTUNITY v`