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HomeMy Public PortalAboutORD09168 t i r. BILL NO. INTRODUCED BY COUNCILMAN `•U.c�f' at_ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH JEFF-COLE QUARRIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: SECTION 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City , to execute a contrat with Jeff-Cole Quarries for the City' s portion of the cost of the Site Preparation Work for Army Aviation Support Facility - Missouri National Guard Site for the sum of $240 ,569. 00 . SECTION 2. A copy of contract is attached hereto. SECTION 3 . This ordinance shall take effect and be in force from and after its passage and approval. Passed.-.-.------- 4-F-7;r Approved: _ - e- j' esident -the ouncil yor ATTEST : City Cl k 010OO-1.-1 CONT RACE' FOIL 1)1)131,1 C WO 11K Od THIS CONTRACT, made and entered into tills -V,1? day of Prc'_. , 191, by and between Robert L. llyder , President • of the City Council of the City of ,Jefferson , Missouri. , a municipal corporation of the third class of the State of Missouri , Party of the First Part, and who acts for and on behalf of the City of Jefferson, Jeff-Cole Quarries , Inc. , Party of the Second Part , )viTNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson , Missouri , did on the day of cc.F a 2 19 award to the Party of the Second Part , ,Jeff-Cole Quarries , Inc . , the contract for the Army Aviation Air Support Facility Missouri National. Guard Jefferson City, Missouri . NOW, THEREFORE, for and in consideration of the award of this ntract and the work thereunder by said First Party hereto , the City of Jefferson , Missouri , to the Second Party Jeff-Cole Quarries , Inc. , the said Second Party does hereby con- tract and agree to do and perform said work , above specified and ,referred to , for the following prices and to accept payment there- fore : Total cost of project is three hundred ten thousand one hundred eighty five dollars ($310 , 18S . 00) . Breakdown as follows : bump Sum Items City Federal 1 . Site Clearing-Stripping of Top Soils and Stockpiling Top Soils 23 ,500. 00 - -- 2 . Mass Excavation of Soils in Building Area and Stockpiling Silty Clay - - - 14 ,000 . 00 Unit Price per cu, yd. for Additional • Excavation and Stockpiling (5 . 00) C'v v/ '�'t. r'� ,tip R ��.4/�fI-,:Z.3"71•' co c !� 01000-E-1 01000-Ti- 2 3. On Site Borrow Area-Stripping , Extrac- tion of Fill Materials , Placing of ® Fill Materials , finish Grading and Seeding of Borrow Area N/A N/A Unit Price per cu . yd . for Additional tixtraction and Placement of Fill NOTE : THIS ITEM ALSO INCLUDES PLACING OF ANY OTHER ON Sun.I MATERIALS USED FOR FILLS AND IIINAL GRAVING. 4 . Importation of "Off-Site" Materials Including Placing of these Materials On-Site as specified . 201 ,160. 80 22 , 352 . 20 NOTE : THIS rn.',NI ALSO INCLUDI?S PLACING OF ON-SI'L'T? MATERIALS 6SE1) FOR FILLS AND FINAL GRADING. INDICA'T'E FILL NIATERIAI. TYPES TO BE USED Dirt ® IMPORTANT: Either Item No . 3 or No . 4 shall be bid. NOT BOTH These items may not be used iil conjunction with each other. S . Lahoratory Testing of Suitable Fill Materials in Place l3 ,309 . 20 1 ,488 . 80 Unit Price for Each Test to Be Run Pei, Test if Additional 'Testing is Ordered : a. Moisture-Density Relation with Curve ( 12 .00) b . Ln-Pl.ace field Density 'Pest (32 . 00) 6 . Final Soil Testing at Building N/A N/A 7 . Monitoring for Settlements in P,ui.lding Area - - - 13 , 275. 00 Unit Price pet- Visit , I;stablishi.ng F.le- vations and Report for Same (100 . 00) 8' Finish Grading 21500. 00 2 , 500. 00, 9 . Drainage Structures in Place - - - 16 ,000 . 00 Total $240 ,569. 00 $69 ,616 . 00 01000-ii-2 • 01000-1i-3 NOW, BY THESE PRESENTS , it is agreed and understood by the parties Vereto , that this contract is entered into subject to all existing ordinances , plans and specifications and estimates of the costs for • such work on file i.n the office of the City Clerk , rind which sliall be considered a part and parcel of this contract : that rtll questions arising as to the proper performance of this contract of such work in accordance with the plans and specifications therefore , and estimates thereof, shall he dec.i.ded by the Director of Public Works of the City of Jefferson , Missouri , or by such competent persons appointed by the Mayor and the City Council of the City of Jefferson to supervise and superintend said wort: in the place of and instead of such Director of Public Works ; that in the case of improper construction , the City of Jefferson reserves the right at any time to suspend , re-let or order an entire reconstruction of the work ; that Contractor agrees to com- nce work on or before a date to be specified in a written "Notice Proceed" and to fully complete the project within 100 working days thereafter. The City reserves the right at any time to suspend , re-let or order an entire reconstruc- tion of the work awarded and to declare the contract forfeited ; but that such suspension , re- letting or reconstruction or .forfeiture sliall not affect the right of the City to recover all damages and penalties accruing or due it by reason of the Contractor ' s non- compliance with this contract. Liquidated damages of Fifty Dollars per day will be assessed against the Contractor for each day the work remains incomplete following the completion date or extension thereof. The Second Party agrees to pay all classes and crafts of labor used in the performance of this contract the prevaLling. hourly rate of wages as determined by the Department of Labor and Industrial. Olations and Second Party acknowledges that lie knows the prevailing hourly rate of wages for all classes and crafts of labor to be used 01000-1:-3 i 01.000- 1i- 4 in the performance of till is contract because he has obtained the • prevailing hourly rate of wages from the contents of U . S . Depart- lent of Labor Decision HO 77-4279 , in which the rate of wages re set forth . The Contractor further agrees as the Second Party , that he will keep an accurate record showing the names and occupation of all workmen chip toyed by them i.n connection with the work to be performed under the terms of this contract , which record shall show the actual wages paid to each of said workmen in connection with the work to be performed tinder the terms of this contract , and agrees further that the aforementioned accurate record shall be available and open at all. reasonable hours for the inspection by the Director of Public Works or any other authorized employee of the City of Jefferson , Missouri . In compliance with the Prevailing Wage Law, as amended in Section 290 . 210 and 290 . 340 inclusive , Revised Statutes of Missouri , 1969 , effective October 13 , 1969, not less than the prevailing hourly zte of• wages in the Jefferson City area shall he paid to all work- .n performing work tinder this contract , Section 290. 250 . The con- tractor sliall forfeit to the City ten dollars ($10) for each workmen employee for each calendar day, or portion thereof, such workman is paid less than the stipulated rates for tiny work clone tinder said contract , by him or any subcontractor under him. Section 290. 250 . The Second Party agrees to completely indemnify and hold harmless the City of Jefferson for any and all damages , injuries , actions , costs , attorneys ' fees and till other expenses whatsoever , arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Second Party , or third parties in no manner connected with said work. All interlineations , corrections , deletions and changes herein have been made prior to the execution of this contract . IN WITNESS MII;REOF , the parties have hereunto set their hands �cl seals this ". �`� day of ���; -�IY)V—) , 19 • Contract includes Appendix A attached hereto . 01000-E-4 01000-13-5 CITY OF JT: -F1' ON GURI (SEAL) Attest : City Cler JEFF-COLE QUARRIES , INC. (BY) Coi>.t actor Jefferson City, ,A1issouri (SEAL) - Address This contract , executed :in triplicate , one copy being deposited in t11e office of the City Clerk of the City of Jefferson , one copy being retained by the Party of the Second Part , and one copy to the Missouri National Guard. NO'T'E: THIS CONTRACT IS NOT COMPLETE UNTIL APPROVED 13Y THE CHIEF - NATIONAL GUARD BUREAU. APPROVED FOR THE CHIEF, NATIONAL GUARD BUREAU FOR THE CMEP,N T1 . AL GUA11 BUREAU By JAMES C. HISE Al ::s C•IiISIS Chief, Office of Legal Advisor lde , c��r;�r�r 1.c;;at Ad sor Principal Deputy for Acquisition Principal Deimly for AcgnisaloA • 1 DAVIS-BACON ACT (40 U.S.C. 276a to a-7) (1977 DEC) ' (A) All mechanics and laborers employed or working directly upon the site of the work shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such pay- roll deduction as are permitted by the Copeland Regulations (29 CFR, Part 3)) , the full amounts due at time of payment computed at wage rates not less than the aggregate of the basic hourly rates and the rates of payments, contributions, or costs for any fringe benefits contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractor and such .laborers and mechanics. A copy of such wage determination decision shall be kept posted by the Contractor at the site of the work in a prominent place where it can be easily seen by the workers. The term MECHANICS AND LABORERS shall be deemed to include apprentices and trainees not covered by an approved program as provided by the apprentice and trainee clause of the contract. (B) The Contractor may,discharge his obligation under this clause to workers in any classificati6n for which the wage determination decision con- tains: (1) Only a basic hourly rate of pay, by making payment at not less than such basic hourly rate, except as otherwise provided in the Copeland Regulations (29 CFR, Part 3) ; or (2) Both a basic hourly rate of pay and fringe benefits payments, by making payment in cash, by irrevocably making contributions pursuant to a fund, plan, or program for, and/or by assuming an enforceable commitment to bear the cost of, bona fide fringe benefits contemplated by the Davis-Bacon Act, or by any combination thereof. Contributions made, or costs assumed, on other than a weekly basis shall be considered as having been constructively made or assumed, during a weekly period to the extent that they apply to such period. Where a fringe benefit is expressed in a wage determination in any manner other than as an hourly rate and the Contractor pays a cash equivalent or provides an alternative fringe benefit, he shall furnish information with his payrolls showing how he determined that the cost incurred to make the cash payment or to provide the alternative fringe benefit is equal to the cost of the wage determination fringe benefit. In any case where the Contractor pro- vides a fringe benefit different from any contained in the wage determination, lie shall similarly show how he arrived at the hourly rate shown therefor. In the event of disagreement between or among the interested parties as to an equivalent of any fringe benefit, the Contracting Officer shall submit the question, together with his recommendation, to the Secretary of Labor for final determination. (C) The assumption of an enforceable commitment to bear the cost of fringe benefits, or the provision of any fringe benefits not expressly listed in section 1 (B) (2) of the Davis-Bacon Act or in the wage determination ecision forming a part of the contract, may be considered as payment of wages only with the approval of the Secretary of Labor pursuant to a written request by the Contractor. The Secretary of Labor may require the Contractor to set aside assets, in a separate account, to meet his obligations under any unfunded plan or program. STANDARD FORM 19-A LABOR STANDARDS PROVISIONS Appendix A - Contracts (D) The Contracting Officer shall require that any class of -laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination decision and which is to be employed under the contract shall • be classified or reclassified conformably to the wage determination decision and shall report the action taken to the Secretary of Labor. If the interested ® parties cannot agree on the proper classification or reclassification of a particular class of laborers or mechanics, including apprentices and trainees, to be used, the Contracting Officer shall submit the question, together with his recommendation, to the Secretary of Labor for final determination. (E) In this event- it is found by the Contracting Officer that any laborer or mechanic, including all apprentices and trainees, employed by the Contractor or any subcontractor directly on the site of the work covered by this contract has been or is being paid at a rate of wages less than the rate of wages required by paragraph (A) of this clause, or by the "Apprentices and Trainees" clause of this contract, the Contracting Officer may (i) by written notice to the Government prime Contractor terminate his right to proceed with the work, or such part of the work as to which there has been a `ailure to pay said required wages, and (ii) pr9secute the work to completion by contract or otherwise, whereupon such Contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. (F) Paragraphs (A) through (E) of the clause shall apply to this contract to the extent that it is (i) a prime contract with the Government subject to the Davis-Bacon Act or (ii) a subcontract also subject to the Davis-Bacon Act under such prime contract. Ask WAPPRENTICES AND TRAINEES (1977 DEC) (A) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification employed on this contract shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on the payroll at an apprentice wage rate, who is not a trainee as defined in paragraph (B) of this clause or is not registered or otherwise employed as stated above, shall be paid the wage rate ddtermined by the Secretary of Labor for the classification of work he actually performed. The Contractor or subcontractor shall furnish to the Contracting Officer written evidence of the registration of his program and apprentices as well as the appropriate atios and wage rates (expressed in percentages of the journeyman hourly rates) , or the area of construction prior to using apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (B) Trainees will be permitted to work at less than the predetermined rate for the work performed when they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Employment and Training Admin- istration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen on this contract shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and not participating in a training plan approved by the Bureau ® of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work lie actually performed. The Contractor or subcontractor shall furnish the Contracting Officer written evidence of the certification of his program, the registration of the trainee, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws the approval of a training program, the Contractor shall no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (C) The utilization of apprentices, trainees and journeymen under this clause shall be in conformity with the equal opportunity requirements of this contract. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION (40 U.S.C. 327 - 333) (1977 DEC) THIS CONTRACT IS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT AND TO THE APPLICABLE RULES, REGULATIONS AND INTERPRETATIONS OF THE SECRETARY OF LABOR. ASk (A) The Contractor shall not require or permit any laborer or mechanic, including apprentices, trainees, watchmen, and guards in any workweek in which he is employed on any work under this contract to work in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such workweek on work subject to the provisions of the Contract Work Hours and Safely Standards Act unless such laborer or mechanic, including apprentices, trainees, watchmen and guards, receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such workweek, whichever is the greater number of overtime hours. The "basic rate of pay", as used in this clause, shall be the amount paid per hour, exclusive of the Contractor's contribution or cost for fringe benefits and any cash payment made in lieu of providing fringe benefits, or the basic hourly rate contained in the wage determination whichever is greater. (B) In the event of any violation of the provisions of paragraph (A) , the Contractor shall be liable to any affected employee for any amounts due, and to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including an apprentice, trainee, watchman or guard, employed in violation of the provisions of paragraph (A) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight (8) hours or in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by paragraph (A) . PAYROLLS AND BASIC RECORDS (1977 DEC) (A) The Contractor shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve them for a period of three (3) years thereafter for all laborers and mechanics, including 1 , apprentices, trainees, watchmen and guards, working at the site of the work. Such records shall contain the name and address of each such employee, his correct classification, rate of pay (including rates of contribution for, or costs assumed to provide, fringe benefits) , daily and weekly number of hours worked, deductions made and actual wages paid. (NOTE: Watchmen and guards ® are reflected on payroll records for Contract Work Hours and Safety Standards Act purposes only.) Whenever the Contractor has obtained approval from the Secretary of Labor as provided in paragraph (C) on the clause entitled "DAVIS- BACON ACT", he shall maintain records which show the commitment, its approval, written communication of the plan or program to the laborers or mechanics affexted, and the costs anticipated or incurred under the plan or program. (B) The Contractor shall submit weekly a copy of all payrolls to the Contracting Officer. The Government Prime Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The copy shall be accompanied by a statement signed by the Contractor indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor, and that the classification set forth for each, laborer or mechanic, including apprentices and trainees, conform with 'the work he performed. Weekly submission of the "Statement of Compliance" required under this contract and the Copeland Regulations of the Secretary of Labor (29 CFR, Part 3) shall satisfy the requirement for submission of the above statement. The Contractor shall submit also a copy of any approval by the Secretary of Labor with respect to fringe benefits which is required by paragraph (C) of the clause entitled "DAVIS- BACON ACT". WITHHOLDING OF FUNDS (1977 DEC) (A) The Contracting Officer may withhold or cuase to be withheld from the Government Prime Contractor so much of the accrued payments or advances as may be considered necessary (i) to pay laborers and mechanics, including apprentices, trainees, watchmen and guards, employed by the Contractor or any subcontractor on the work the full amount of wages required by the contract, and (ii) to satisfy any liability of the Contractor and any subcontractor for liquidated damages under paragraph (B) of the clause entitled "CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION". (B) If the Contractor or any subcontractor fails to pay any laborer, mechanic, apprentice, trainee, watchman or guard employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Government Prime Contractor, take such action as may be necessary to cause suspension of any further payments or advances until such violations have ceased. DISPUTES CONCERNING LABOR STANDARDS (1977 DEC) Disputes arising out of the labor standards provisions of this contract shall be litsubject to the DISPUTES clause except to the extent such disputes involve the meaning of classification or wage rates contained in the wage determination decision of the Secretary of Labor or the applicability of the labor provisions of this contract which questions shall be referred to the Secretary of Labor in accordance with the procedures of the Department of Labor. • 'COMPLIANCE WITH COPELAND REGULATIONS (1964 JUN) The Contractor shall comply with the Copeland Regulations of the Secretary of Labor (29 CFR, Part 3) which are incorporate herein by reference. SUBCONTRACTS (1972 FED) The Contractor agrees to insert the clauses hereof entitled "DAVIS-BACON ACT", "CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION", "APPREN- TICES AND TRAINEES", "PAYROLLS AND BASIC RECORDS", "COMPLIANCE WITH COPELAND REGULATIONS", "WITHHOLDING OF FUNDS", "SUBCONTRACTS" and "CONTRACT TERMINATION- DEBARMENT" in all subcontracts. The term "Contractor" as used in such clauses in any subcontract shall be deemed to refer to the subcontractor except in the phrase "Government Prime Contractor". CONTRACT TERMINATION - DEBARMENT (1972 APR) A breach of the clauses hereof entitled "DAVIS-BACON ACT", "CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION", "APPRENTICES AND TRAINEES", "PAYROLLS AND BASIC RECORDS"O "COMPLIANCE WITH COPELAND REGULATIONS", WITHHOLDING OF FUNDS" and "SUBCONTRACTS" may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. SUBJECT TO FEDERAL - STATE AGREEMENT. This contract is subject to all terms and conditions in Agreement No. DA dated between the United States of •America and the State of Missouri, attached hereto and made a part hereof. ®APPROVAL: This contract shall be subject to the written approval of the Chief, National Guard Bureau, or his duly authorized representative and shall not be binding until so approved. DEFINITIONS: As used throughout this contract, the following terms shall have the meaning set forth below: (a) The term "Secretary" means the Secretary, the Under Secretary, or any Assistant Secretary of the Department of the Army and the head or any assistant head of the Executive agency; and the term "his duly authorized representative" means any person or persons or board (other than the contracting officer) , authorized to act for the Secretary of the Army. (b) The term "contracting officer" means the person executing this con- tract on behalf of the State and any other officer or civilian employee who is properly designated contracting officer, and the term includes, except as otherwise provided in this contract, the authorized represen- tative of a contracting officer acting within the limits of his authority. (c) The term "Government" means the United States and any Department head thereof. (d) The term "State" means the State, Territory, District of Columbia or the Commonwealth of Puerto Rico which is the party of this contract. (e) The term "Governor" means the Government of the State of his duly appointed representative (other than the contracting officer) . EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION) (1972 AUG) The applicant hereby agrees that in will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the Regulations of the Secretary of Labor at 41 CFR Chapter 60, ® which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Govermmnet pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, Loan, insurance or guarantee, the following Equal Opportunity clause: During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, .religion, sex or national origin. Such' action shall include but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren- ticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for ® employees placed by or on behalf of the Contractor, state that all qualified applicants 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 bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, or by rules, regulation or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding Paragraph (1) and the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, 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 administering agency 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 's s:.bcvntractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own employment practices when it participates in Federally assisted construction vork: PROVIDED, that if the applicant so participating is a State or local government, the above Equal Opportunity clause is not applicable to any agency, instrumentality or sub-division of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and sub- contractors with the Equal Opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will ca—y ou.t such sanctions and penalties for violation o.f the Equal Opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate or suspend in whole or in part this grant (contract, loan, insurance, guarantee) : refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. • 7-10:3. 2 V. A H i rm;i t i v,o' Ao L i Ali, fill- 11 :1)(.[i c.1111.!Lc!. • AFFIPMATJVE ACT1,014 FOR IIANDWALTEID 1q0RK1-,*R,', (May 19 7 0) (A) 'llic coittrocl.or wi.1.1 ii(it- discrLmhuite against oiiy emp.1",yet, or applicallt for olliployllwlit hccause oC physical or PiciiL.-.0 11,111(UCa11 ill Lo any position FoY Which Llic rmployec or oppticant Col. umplovii,cilt is qua 3,i f Led. llie con1--r;i(.,.Lor a)'rous Lo Lake affirmative z (;tion to employ, idvanco in cuiploNim,))L and othorwise C111,11if.i.ed 11,111dicapped individuals, t-A.Lhottt (11 scrinliti,;1. i oil based upo)) CiLher or nu uta.l linildit.....11) ill ,11.1 cmlpluynunt j•,1*:1C[ j.C(!!! %11L•h --i-, Llic folhowill't": C.;1111.1 •yll'unt , domoLlon or tratisfei-, recruituionL, ad\,crtisiilt-I, layoff or Ccriti.i.twit-ioll , r,it(.,s of pay or other forms of coiiipcn:7,atioii and seloc-Lion for triiningl, including- apprew.;iceship. (13) The contractor agrecs Lo comply with the rL11C.F. , and relevant orders of the Secretary of Labor issued pur:o.talit. to Lhe AcL. (C) In the event: of the contr;c .tor's uoi-icompliince i-11th Lii(! inclit.s of this clause, fiction for noilcon.1pliance ni-iy be token in ac:ol:(I'llice wi.Lh the rules, reguj;tLions and reluvant crders. of the Secretary of Lnhor issued pursuant to the Act. (D) The contra----!:(,r agrees Lo post in conspiciour, .places, avail;iblc to employees and applicants for employment , notices in a form to he prc- scribed )y t h e 1)11:e c t o r,. provided by or throuoh the contra,c tino of firer. Such. notices shall rtate the contractor's obli;zation under the taw to Lake ,1ftfi7-ffla1-iVC lCtiOT1 to employ and advance in eimployminit q-,iolified hiandicappur.11 employees and appli.c.irits for employment, and the rights of applicants and employees. (E) Ilse con*LracLor will notify each labor union 017 l:Cj)l-C!!-,011•tltj.VC- Of voikers with which it has a collective bargaining agroemcInt or other conL)7aCt understanding, that the contractor is bound by 'Llie terms of section 503 of the Rehabilitation Act of 1973, and is cot;mlUted LO Lake affirmative action to employ and advance in employment physically and mentally handicapped individuals. (F) The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted 1-..y rulos, reglilaLions, or orders of the Secretary issued pursuant to section 503 of the AcL, so that such provisions will L;(, bludiiil--, upon each contractor or vendor. The contractor will take sucii action with respect to any subcontract or purchase order as the DirecLor (if •he Office of Fuderal. Contract Compliance Programs may direct to enforce SLICII provisions, including action for noncompliance. • CIXAN AIR AND WATEIR (1975 OCT) , ® (a) The Contractor agrees as follows: (i) to coiul).l.y with all tho requiremrlit s of section 114 of 010 Clean Air. Act, as amcrcded (42 U,;:.C, 3.857, ct sr.q. , as amended by Public Law 92•-500) , rr.;stsc,ct:ivcly, rolating to i.n:cpection, mollitorin', entry, roports, a114 111form,at.it'll 'I" well :I:: ot:!i(ir requirements sg.)eci.f.i.od In sc•c.Lirit 1.14 anal section 308 of the Ai.r Act and tier 1%laver Act, rospectl%,oly, and a1.1. re,,^,utat.ions and guldelinos. issued therounder h;f ore the award of this contract; (ii) that no portion of the work regii:i.red by this prime conLr.cct will be performed in :I fne ility 'l ist od on thc lsnvironnuont:af Prctect�on Agency List of Violating Facilities on the elate this contract was award(--.d unless. and until the l;t'A eliminui:es the name of such facility or facil.i_ti.r-s from such listing; (iii) to use his best efforts to comply with clean air standards and clean water standards at tL-e facilities in which the contract is being performed; and (iv) to insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph (iv) . (b) T$e terms used in this. clause have the following meanings. I (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq. , as amended by Public Law 91-604) . (2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq. , as amended by Public Law 92-500), (3) The terra "clean air standards". means any enforceable rules, regulations, guidelines, standards, Umitatio:is, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Eoxecutive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. 1857c-5(d)) , an approved implementation procedure or plan under. section 111(c) or section 111(d) , respectively, of the Air Act (42 li.S.C. 1857c-6(c) or (d)) , or an approved anplententation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)) . . • 1 � (4) Pllc t:l`J:111 ++e1ea11 WLiLC�.i' !itatid�rd:;+' IIICaiI:: rlltl' etlfnl':e:Il+.tC limitation, control., rondit:1011, nrohibitioll, stan11,1rd or other require- i)ielit v711iCh is prolm',111,zOod illll:s.gmnt: to tliu V.nter Act or colitai.n!-d ,In-'a permit Issuod to a u1seharger by the. Environmental Protection Agency • ® or by a St'at'e under an approved program, as autltor.ized by socLi.on 402 of thc: Water Act (33 U.S.C.. ].342) , or by a ioca.l govurimient to ensure compliance with pretreatment regitl.ation.s as required by section 307 of the I%titer Act (33 U.S.C'. 1317) . (5) vic: Lc;m "comlil.:iancr;" means compliance i?.l.th clean n i'r or water standards. Canirl.iance liall also mean compl.1-mcc w1th a s6ivdule or plan ordered or approved by a court or competerit jurisdiction, the + Environmeatal Pr.otuc vlon Agency or an ,air or water poIl.ution .conl:i of f;ency in accordan-ce with t•tin requirement of the Air Act or dater Act and regulations issued pursuant thcret-o. (G) The Lean "faci-lity" means any building, plant, ills tall.ati.on, structure, mine, vc::rscl or othus: L1oat-ing craft, location, or site of operations, owned, lc.aocd, or supervised by a' c.ontroct.ar. , subcontractor, to be utilized in the performallce of a contract or subcontract. Whe.re a location or site of operat:;.ons contains or include r, m.ore than. on.e building, plant, instailatiun, or structure, the entire location Cif: site shall. be deem.--:d to be a facility except wher.e the Director, Office of Federal Activities, Environmental Protection Agency, determilcC_.5 that independent fac.9.aitin,:s are co'located in one geographical urea. (7) The term "nonexempt- contract or subcontraci-" means a contract or subcontract of irore than $100,000 which is not otherwise exempted pursuant: to the EPA regulations implementing the Air Act and - Water AcL (40 CI•R 1.5.5), as further implemented in ASPR 1-2302.4 or in FPP 1-1.230'2_-4 (whi.chover is applicable and the procedures Ur the Department awarding the contract. 2 • BOND N0: -t'- CON'rRAt'T BOND PREMIUM; $ (Short Porm) INSURAKE, COMPANY OF NOK'I•II AMERICA I'll ILA I)E1Ll'IIIA ® Know all Aden By these Presents, That we, Jeff-Cole Quarries, Inc. , Jefferson City, Missouri (hereinafter called "Principal"), as Principal, and the INSURANCE COMPANY OF NORTH AMERICA, a Cor- poration organized and existing under the laws of the State of Pennsylvania, and authorized to transact business in the State of Missouri , (hereinafter called "Surety"), as Surety, are held and firmly bound unto City of Jefferson, Missouri. (hereinafter called "Obligee"), in the penal sum of Three Hundred Ten Thousand One Hundred Eighty Five and no/100------------------•------------------------------------- Dollars (s 310,185.00) good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 22nd day of September A. D. 19 78 WHEREAS, the above bounden P.-incipai has entered into a certain written contract with the above named Obligee, elated the 22nd day of September 19 78 ® Site preparation work for Army Aviction Support Facility, Missouri National Guard, Jefferson City Memorial Airport. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein for the purpose of explaining but not of varying or enlarging the obligation. Now, therefore,the condition of the above obligation is such, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified,and shall pay over, make good and reimburse to the above named Obligee,all loss and damag,e which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void: otherwise, to be and remain in full force and effect. PROVIDED, however, this bond is executed by the Surety, upon the express condition that no right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only. . JEFF-COLE QUARRIES, INC. I SURANCE COMPANY OF NORTH AMERICA By: ..............................................71.................... eS•zzioa PTD. IN U.S.A. Glenda A. Fry, Attorney-in-Fact .�� LABOR AND MATERIAL INSURANCE COMPANY OF NORTH AMERICA PAYMENT BOND PHILADELPHIA (SHORT FORM) BOND NO.; —0— PREMIUM: Unless a premium is indicated above, it is included in the premium for the bond guaranteeing performance of ® the contract coveted hereunder. Know all Men By these Presents. That we, Jeff—Cole Quarries, Inc. (hereinafter called "Principal"), as Principal, and the INSURANCE COMPANY OF NORTH AMERICA, a Cor- poration organized and existing under the laws of the State of Pennsylvania, and authorized to transact business in the State of Missouri , (hereinafter called "Surety"), as Surety, are held and firmly bound unto City of Jefferson, Missouri (hereinafter called "Obligee"), in tile, penal sum of Three Hundred Ten Thousand One Hundred Eighty Five and no/100--------------------------------------------------------- Dollars (S 310,185.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves. our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 22nd day of September 19 78. WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 22nd clay of September 19 78 ® Site preparation work for Army Aviation Support Facility, Missouri National Guard, Jefferson City Memorial Airport which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Now, therefore, the condition of the above obligation is such, That if the above bounden Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work Provided for in said contract, then this obligation to be void; otherwise to remain in full force and virtue. JEFF—COLE QUARRIES, INC. . j...............................................................I.......... Pe ............................... l�OG r�ll��U1ki v,CL- CS�Cc:Ni INSURANCE COMPANY OF NORTH AMERICA I 1 By: �:r��;�L.c/ �G��2 .. ................ ......... Glenda A. Attorney—in—Fact SR 1�'?►+ Ptd. in U.S.A. POWER 01: ATTORNEY INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA, Know all men by these presents: That INSURANCE C0.1011AN1' OF NORTII AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of I'll iladelph0, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors 'of the Said Company on May 2A, 1975, to wit; "RESOLVED, pursuant to Articles 3.6 and 5.1 of the fly-Laws, the following Rules shall govern the executinn for rite Company of bonds,undertakings,recognrzances,contracts and other writings in the nature thereof; (1) That the President, or any Vice-President, Assistant Vice-President, Resident Vice-President or Altorney-us-fact, etas• execute for and in behalf of the Company any and all bonds, undertakings, recognizancm, contracts and other wofing% to Iho naturt, thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Rcsident Assistant tint rotary and the coal of the Company affixed thereto; and that the President or any Vice-President may appoint and authorize Resident vite•Presidenls, Resident Assistant Secretaries and Attorneys-in•Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed to accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice-President and the seal of the Company may he affixed by facsimile nn any power of attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may he affixed by facsimile to any certificate of any such power, and any such power or certificate hearing such lacsimile signature and seal shall he valid and binding on the Company. (4) Such Resident Officers and Attorneys.in-Fact shall have authority to certify or verify copu•s (A this Resolution, the Hy-Laws of the Company,and any affidavit or record of the Company necessary to the discharge of their dunes (5) The passage of this Resolution does not revnke any earlier authority granted by Resolufinn of flit, Hoard of Doeclnrs on )une 9, 1953." does hereby nominate, constitute and appoint JAMES M. DENT and GLENDA A. FRY, both of the City of Jefferson City, State of Missouri each individually if there be more than one named, Its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bond,, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said .......................�.,.-DA�TEL..DRAKE Vice-President has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this ..................Ifth...................... day of ................September.............. 19.....77........ INSURANCE COMPANY OF NORTH AMERICA (SEAL) by...............C... DANIEL..DRAKE. . . ......... ....................... Vice-President STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this ..............16.th..................... day of ...............$e.ptePb.er......... A. D. 111........7.7..., before me, a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came ... ..... . ........ .. .... ... ......... ............................... ............................................................................. Vice-PresidenI of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding; instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and � ection of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to he preceding instrument,is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. -� .....MA.UREEN...S CRELL............................... .. ................. /r5f Kit,,\ Notary Public. t 9 commission expires August 13, 1979 Ii• undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, (in hereby certify that ;I OWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is In force and effect. v tness whereof, I have hereunto subscribed my name a>f Assistant Secretary, and affix •d 1e corporate seal ration, this............ ............. \ p day of ..........<..v.. . '.... 1 l�. 1?E-- .................. ./.G .4:.kµ:.... `.`!. / ............. 30-IC Prinled lit U.S A. Assistant cr•, etary Modification No. 1 . ® To Federal-State Agreement No. DAHA23-75-A-0067 Description of Project: Site Preparation for AASF Location of Project: Jefferson City, Missouri FEDERAL-STATE-CITY AGREEMENT �� .•. FOR NON-ARMORY PROJECT BETWEEN THE NATIONAL GUARD BUREAU Departments of the Army and the Air Force AND ^� ® THE STATE OF MISSOURI _ �• AND t THE CITY OF JEFFERSON CITY, MISSOURI This Agreement by and between the United States of America (represented by the Contracting Officer executing this Agreement) , the State of ;�>. Missouri, and the City of Jefferson City, Missouri hereinafter referred to as the Government, the State and the City, respectively, covering the construction of the above-described project, with the assistance of funds tr... appropriated by the Congress of the United States for the GOVERNMENT contribution to the cost of said property pursuant to Chapter 133, •r Title 10, U.S. Code, Facilities for Reserve _Components, as implemented ` by Department of Defense Director 1225.2. +'. ' The said parties do mutually promise and agree with each other that the City of Jefferson City, Missouri will contract for the site preparation for the AASF, Jefferson City, Missouri in accordance with plans and specification approved by National Guard Bureau and the following pro- visions. f •ARTICLE I. The City agrees: 1. To contract all work, material, and/or services required to carry out this Agreement, and to require each construction contractor to furnish bonds of such type and in an amount adequate to secure faithful performance of his contract. i 2. To execute construction or supply contracts in accordance with Lho laws of such STATE, and under those regulations within the Armed ;w.. Sorvice:; Procurement Regulation which are applicable to Federally-assisted �. ® programs insofar as the application of such regulations by supervisory officials of the STATE is not precluded by nor inconsistent with STATE laws. All such contracts, subcontracts, and change orders or other con- tract modifications shall be subject to prior approval by the GOVERNMENT. 3. To permit supervision and inspection by representative of the GOVERNMENT during the performance of engineering and construction contracts. 4. To supervise and be responsible for necessary construction of the facilities authorized under this Agreement, and to make inspections of the work done under this Agreement as may be deemed necessary by the GOVERNMENT. 5. To furnish certification, satisfactory to the GOVERNMENT, as the work progresses on the project, certifying amounts due the construction contractor as the basis for preparation of payment vouchers. 6. To maintain an accounting system for the construction work acceptable to the GOVERNMENT, 7. To make, either directly or through other agencies under STATE ® supervision, and to render to the GOVERNMENT, a satisfactory accounting of all original disbursements on account of the construction, as herein- after provided, for the City's share of the cost thereof. ARTICLE 11. The GOVERNMENT agrees: L. 1. To contribute federal funds in accordance with the attached (see Appendix 1) cost breakdown. 2. To reserve funds for and make payment directly to the construction contractor for the cost of the work during the life of the contract for the construction of this project, in accordance with Appendix 1 hereto. t AR'1'LC1.1, ill. it is further expressly understood and agreed between the GOVERNMENT, the STATE, and the CITY that 1. STATE and/or CITY funds determined to be available for the STATE G and/or CITY share under the provisions of the Agreement shall riot be used or pledged under other Agreements under which the GOVERNMENT contributes ARTIC1.1, 1V. All other provisions of the Federal-State Agreement No. UAIIA23i-75-A-0067 as pertains to the Government and the State, except as specifically revised by this modification, will remain in full force and effeeL. 2 ARTICLE V. This Agreement shall be subject to the approval of the Chief, National Guard Bureau, or his duly authorized representative, and shall not be binding until so approved. IN WITNE.SS WHEREOF, the parties hereto have executed this Agreement on this 30th day of September , 19, 78 THE UNITED STA'II.S OF AMER p\ j Witnesses as signatures By . E. HASLsR, COL, NG USPFO for Missouri (Official Title) �4 + '��-y� �W,��� � �1� ��Z•5 STATE OF MISSOURI l Jw (Address) . ...�. By ROBERT E: BUECHLER, Major General, MoANG "MOP` •f/The Adjutant General L ! '� �� �✓� �Gi (Official 'Title) is (Address) I CITY QF' JEFFER N CITY O RI �'-- i / L B� Pte' 1. ifDER [, -74— Ma or - �... (Offi �i•r1e) ' (Address) APPROVED FOR THE CHIEF, NATIONAL GUARD BUREAU C r By 4WMlhS C. 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