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HomeMy WebLinkAbout91-0828 FAA 9 � - aa8 ; FAA RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized -and directed to execute a Memorandum of Agreement on behalf of the City of Elgin with the Department of Transportation Federal Aviation Administration for roadway and utility improvements at the Farm Colony property, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 28, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: • s/ Dolonna Mecum Dolonna Mecum, City Clerk i AGREEMENT NO. DTFA14-91-C-R1269 MEMORANDUM OF AGREEMENT between DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF ELGIN WHEREAS, the City of Elgin, Illinois, hereinafter referred to as the CITY, is in a position to furnish directly (or by contract) material, utilities, equipment, services and roads which the Federal Aviation Administration, hereinafter referred to as FAA requires, has funds available for and has determined, in the interest of efficiency, effectiveness and cooperation, should be obtained from the CITY; and WHEREAS, the Federal Aviation Act of 1958 (49 USC 1301 et seq) and the current Acts authorize the FAA to confer and cooperate with municipal or other local agencies and to accept services and the use of facilities of such municipalities and local agencies; and the FAA is authorized to contract, and pay for, such services; NOW, THEREFORE, the FAA and the CITY mutually agree as follows: ARTICLE I -- Title and Description of Project A. The title of this project is ROADWAY AND UTILITY IMPROVEMENTS B. The Federal Aviation Administration (FAA) is planning to design, construct, staff and operate a Terminal Radar Approach Control (TRACON) facility on the property, a part of the larger tract known as the "Farm Colony Property" and shown on attachment 'A' . Due to the size, function and staffing of the facility the FAA will require full utilities, including telephone service, as well as sewers (storm and sanitary) and an access road for ingress and egress to and from the site. C. CITY Scope of Work and Cost Estimates: 1. The CITY will provide full design, engineering, construction, supervision and administration to provide sewer systems (storm and sanitary) , gas lines, electric service, and telephone service, and will design, engineer and construct an access road up to the FAA site complete with curbs, gutters and drainage systems. AGREEMENT NO. DTFA14-91-C-R1269 2 . All utility, road and sewer systems will run up to the FAA site via easements the city will have procured. The telephone system may be constructed elsewhere within the center of the Farm Colony Property and the FAA will retain responsibility for connection from its facility to the telephone company terminals. In addition, the FAA will retain responsibility for any FAA peculiar telephone system requirements such as data lines, or optical cabling. 3 . The CITY will be provided names, telephone numbers and addresses, and make contact, with FAA engineering personnel or their contractors. The CITY will coordinate the design, sizing and runs of utility lines with the FAA. 4 . The estimated costs for the work specified above are as follows: 1. Storm Sewers - $246, 000 2 . Sanitary Sewers - $74 , 000 3 . Water Mains - $154 , 000 4 . Natural Gas - $4 , 500 5. Electric Power - $16, 500 6. Retention Facilities - $29 , 000 7 . Telephone - $7 , 000. 8 . Rough Site Grading - $120, 000 9 . Roads - $511, 000 10. A&E Costs - $202 , 000 SUBTOTAL $1, 364 , 000 10% Admin Costs - $136, 000 TOTAL $1, 500, 000 NOTE: The above costs are estimates and it is acknowledged that the City may spend more or less than the estimated cost in any of the above identified areas, Also, there is no restriction on the City as to how it utilizes the $1, 500, 000 in the above identified areas. 5. The FAA will reimburse the CITY a total not to exceed $1, 500, 000 for the work specified herein. 6. In that this agreement is envisioned to last over multiple fiscal years, the continuation of the agreement is contingent upon availability of funds from fiscal year to fiscal year. In the event funding is delayed, the completion date found in Article VIII, Clause 52 .212-3 shall be extended to allow the City adequate time to complete its work. D. The FAA will comply with its obligations to the Elgin Development Corporation (EDC) under the Memorandum of Understanding signed by FAA and EDC on February 11, 1991. ' AGREEMENT NO. DTFA14-91-C-R1269 ARTICLE II -- Definitions A. "Contractor" shall be understood and mean "the City of Elgin" . B. "Subcontractor" shall be understood to refer to any Contractor or organization employed by the City of Elgin for work on this project. C. "Government" shall, within this contract, refer to the Federal Aviation Administration (the FAA) which shall perform its work, on behalf of the Government, under authority delegated by Congress. There shall be a "warranted Contracting Officer" appointed to act on behalf of the Government. D. All references to Contractor, as used herein, shall mean the City of Elgin (the CITY ) and all references to Government, unless otherwise indicated, shall mean the Federal Aviation Administration (the FAA ) . E. "Contract" as used within this agreement means this agreement. ARTICLE III -- Reimbursement, Performance and Accounting Arrangements A. FAA will reimburse the CITY on a quarterly basis upon receipt of billing for the project costs incurred by the CITY in furnishing design, engineering, construction, and supervision for the utilities and roadwork required under this agreement; PROVIDED, HOWEVER, that upon revocation or termination of the agreement for any cause, FAA will reimburse the CITY for all cost incurred up to the time of revocation or termination. B. Any overhead costs represents the cost to the CITY of those indirect expenses which are a part of the cost of overall operations directly attributable to the FAA' s portion of the project and is included in the total overall project cost. C. The FAA hereby identifies the Real Estate Branch, AGL-56 Great Lakes Region, 2300 East Devon Avenue, Des Plaines, Illinois 60018, as assigned administrative responsibility for accomplishment of this agreement. The Accounting Division, ACE-20, Central Region, 601 East 12th Street,Kansas City, Missouri 64106, is identified by the FAA as the billing office for this agreement. AGREEMENT NO. DTFA14-91-C-R1269 D. The CITY hereby identifies the office which will render bills for costs incurred under the terms of this agreement: E. Billing will be provided by the CITY in a standard format identifying the supplies, equipment, material, utility and/or services provided by the CITY under this agreement. The CITY will also provide an updated construction schedule to the FAA, if required. ARTICLE IV -- Amendment Any change in the supplies, equipment or services to be furnished under this agreement shall be formalized by an appropriate written amendment to the agreement which shall outline in detail the exact nature of the change. ARTICLE V -- Effective Date This agreement supersedes any previous agreements between the parties on the subject matter set forth in Article I hereof and is effective upon execution by all parties hereto. ARTICLE VI -- Liability A. Hold Harmless The CITY agrees to defend any suit brought against the United States, the FAA, or any instrumentality or officer of the United States arising out of work under this agreement. The CITY further agrees to hold the United States, the FAA, or any instrumentality or officer of the United States harmless against any claim by the CITY or any agency thereof, or third persons for personal injury, death, or property damage arising out of work under this agreement. B. Damages Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel, the CITY agrees to reimburse the FAA for any damage to or destruction of FAA property arising out of work under this agreement. AGREEMENT NO. DTFA14-91-C-R1269 ARTICLE VII -- Revocation This agreement may be revoked at any time by either party by 15 days notice in writing, subject to provisions provided for in Article IIIa. In the event of a revocation or termination by the FAA, the real estate donated to the FAA will be deeded back to the Elgin Development Corporation free of liens and encumbrances. ARTICLE VIII -- Additional Clauses 52 . 203-7 ANTI-KICKBACK ACT This Contract is subject to the Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act) . (A) The act prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including directly or indirectly, the amount of kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (B) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (A) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (A) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (A) of this clause. (4) Regardless of the contract tier at which a kickback was provided, accepted, or charged under the contract in violation of paragraph (A) of this clause, the Contracting Officer may: (i) Offset the amount of the kickback against any monies owed by the United States under this contract and/or AGREEMENT NO. DTFA14-91-C-R1269 (ii) direct that the Contractor withhold from sums owed the subcontractor, the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (B) (4) (ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (B) (4) (i) of this clause. In the latter case, the Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (B) (5) , in all subcontracts under this contract. (C) Definitions: "Kickback, " as used in this clause, means any money, fee, commission, credit, gift,gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a subcontract relating to a prime contract. "Person, "as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual . "Prime Contract, " as used in this clause ,means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "Prime Contractor Employee, " as used in this clause, means any officer,partner, employee, or agent of a prime Contractor. "Subcontract, " as used in this clause , " means a contract or contractual action entered into by a prime Contractor of subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor, " as used in this clause, (1) means any person other than the prime contractor, who offers to furnish or furnishes any supplies materials , equipment or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. "Subcontractor Employee, " as used in this clause, means any officer,partner, employee, or agent of a subcontractor. AGREEMENT NO. DTFA14-91-C-R1269 52 . 212-3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984) - ALTERNATE I. (APR 1984) . The Contractor shall be required to complete the entire work ready for use not later than September 10, 1992 . 52 . 215-1 EXAMINATION OF RECORDS BY THE COMPTROLLER GENERAL (a) The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41CFR, Part 1-20) , whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (b) The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of its duly authorized representatives shall, until expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41CFR, Part 1-20) whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $2 , 500 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 52 .223-6 DRUG-FREE WORKPLACE. (JUL 1990) (a) Definitions. As used in this clause, "Controlled substance" means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308 . 11-1308 . 15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. AGREEMENT NO. DTFA14-91-C-R1269 "Drug-free workplace" means a site for the performance of work done by the Contractor in connection with a specific contract at which employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor. (b) The Contractor, if other than an individual, shall-within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration) or as soon as possible for contracts less than 30 calendar days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor' s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an on going drug-free awareness program to inform such employees about- (i) The dangers of drug abuse in the workplace; (ii) The contractor' s policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b) (1) of this clause; (4) Notify such employees in writing in the statement required by subparagraph (b) (1) of this clause, that as a condition of continued employment on this contract, the employee will- (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee' s conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) days after such conviction. AGREEMENT NO. DTFA14-91-C-R1269 (5) Notify the contracting officer in writing within ten (10) days after receiving notice under subdivision (a) (4) (ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subparagraph (b) (4) of this clause of a conviction, take one or more of the following actions with respect to any employee who is convicted of a drug abuse violations occurring in the workplace; (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b) (1) through (b) (6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract. (d) In addition to other remedies available to the Government, the Contractor' s failure to comply with the requirements of paragraphs (b) and (c) of this clause may, pursuant to FAR 23 . 506 suspension of contract, payments, termination of the contract for default, and suspension or debarment. 52 . 233-1 (Alt 1) CONTRACTS DISPUTES ACT This contract is subject to the Contract Disputes Act of 1978 (41 USC 601-613) (the Act) . (a) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (b) (i) "Claim" as sued in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. AGREEMENT NO. DTFA14-91-C-R1269 However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50, 000 is not a claim under the Act until certified as required by subparagraph (d) (2) below. A voucher, invoice or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (c) (1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) For Contractor claims of more than $50, 000, the Contractor shall submit with the claim, a certification that- (i) The claim is made in good faith; (ii) The supporting data are accurate and complete to the best of the Contractor' s knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable. (3) (i) If the Contractor is an individual the certification shall be executed by that individual. (ii) If the Contractor is not an individual, the certification shall be executed by- A. A senior company official in charge at the Contractor plant or location involved; or B. An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (d) For Contractor claims of $50, 000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor claims in excess of $50, 000, the Contracting Officer must, within 60 days decide the claim or notify the Contractor of the date when the decision will be made. (e) The Contracting Officer' s decision shall be final unless the Contractor appeals or files a suit as provided in the Act. AGREEMENT NO. DTFA14-91-C-R1269 (f) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (properly certified, if required) , or (2) the date payment would otherwise would be due, if that date is later until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (g) The Contractor shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal, or action arising under the Contract and comply with any decision of the Contracting Officer. 1GG03 WORK SCHEDULE The Contractor shall, within 15 calendar days from date of contract award, furnish to the Contracting Officer, in triplicate, a work schedule showing the major phases of the work to be started and completed. This schedule shall show undated weekly progress covering total time specified herein for contract performance time. After approval by the Contracting Officer, one signed copy will be returned to the Contractor. The Notice to Proceed will not normally be issued until after the Contractor' s work schedule is approved. Circumstances may occasionally require a Notice to Proceed prior to approval of the work schedule; however, no payment will be made until the schedule is received and approved. Any work to be performed on Saturdays, Sundays, or federal holidays must have prior approval by the Contracting Officer. The work progress charts will be updated each time the contractor submits a request for payment or upon a periodic estimate by the FAA Technical Representative. 52 . 252-2 CLAUSES INCORPORATED BY REFERENCE. (JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. (End of clause) I . FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52 . 202-1 DEFINITIONS . (APR 1984) 52 . 203-1 OFFICIALS NOT TO BENEFIT. (APR 1984) 52 . 203-3 GRATUITIES. (APR 1984) 52 . 203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52 . 203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (SEP 1990) • AGREEMENT NO. DTFA14-91-C-R1269 52 . 209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (MAY 1989) 52 . 212-6 TIME EXTENSIONS (APR 1984) 52-212-12 SUSPENSION OF WORK (APR 1984) 52 . 215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR 1984) 52 .215-2 AUDIT--NEGOTIATION. (DEC 1989) 52 . 215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA. (JAN 1991) 52 . 215-23 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA MODIFICATIONS. (JAN 1991) *52 . 215-24 SUBCONTRACTOR COST OR PRICING DATA. (APR 1985) *52 . 215-25 SUBCONTRACTOR COST OR PRICING DATA - MODIFICATIONS. (APR 1984) 52 . 216-4 ECONOMIC PRICE ADJUSTMENT--LABOR AND MATERIAL. (APR 1984) *52 . 219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (FEB 1990) *52 . 219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES. (AUG 1986) *52 . 222-3 CONVICT LABOR. (APR 1984) *52 . 222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION. (MAR 1986) *52 . 222-6 DAVIS-BACON ACT (FEB 1988) *52 . 222-7 WITHHOLDING OF FUNDS (FEB 1988) *52 . 222-8 PAYROLLS AND BASIC RECORDS (FEB 1988) *52 . 222-9 APPRENTICES AND TRAINEES (FEB 1988) *52 . 222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) *52 . 222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988) 52 . 222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988) *52 . 222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988) *52 . 222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) *52 . 222-26 EQUAL OPPORTUNITY. (APR 1984) *52 . 222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION. (APR 1984) *52 . 222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (APR 1984) *52 . 222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS . (APR 1984) *52 . 222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS. (APR 1984) *52 . 222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA. (JAN 1988) *52 . 223-2 CLEAN AIR AND WATER ACT (APR 1984) *52 . 225-13 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS. (MAY 1989) 52 . 229-4 FEDERAL, STATE AND LOCAL TAXES (NONCOMPETITIVE CONTRACT) (JAN 1991) 52 . 233-3 PROTEST AFTER AWARD. (AUG 1989) *52 . 236-2 DIFFERING SITE CONDITIONS. (APR 1984) *52 . 236-5 MATERIAL AND WORKMANSHIP. (APR 1984) *52 . 236-7 PERMITS AND RESPONSIBILITIES. (APR 1984) AGREEMENT NO. DTFA14-91-C-R1269 52 .236-8 OTHER CONTRACTS. (APR 1984) *52 .236-13 ACCIDENT PREVENTION. (APR 1984) - ALTERNATE I. (APR 1984) 52 . 243-4 CHANGES. (AUG 1987) *52 .244-1 SUBCONTRACTS UNDER FIXED-PRICE CONTRACTS. (JAN 1986) *52 . 244-5 COMPETITION IN SUBCONTRACTING. (APR 1984) 52 . 249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 1984) 52 .249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) . (APR 1984) * * * II. TRANSPORTATION ACQUISITION REGULATION (48 CFR CHAPTER 12) CLAUSES 1252 . 222-71 STRIKES OR PICKETING AFFECTING THE TIMELY COMPLETION OF THE CONTRACT WORK. (APR 1984) * NOTE WELL: While the actual work required by this contract will be solicited and contracted for by the City of Elgin, at least a portion of the work envisioned will be paid for with Federal funds; therefore, As a result of this funding the City of Elgin will be required to include the Federal Acquisition Regulation clauses asterisked above in any and all subcontracts awarded for this project. ARTICLE IX ATTACHMENT BEGINNING NO. TITLE/DESCRIPTION PAGE NO. 163-170 1 U. S. DEPARTMENT OF LABOR GENERAL WAGE DECISION NO. IL91-11 KANE COUNTY HEAVY AND HIGHWAY CONSTRUCTION AGREEMENT NO. DTFA14-91-C-R1269 ARTICLE X -- Representations and Certifications I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) SOLICITATION PROVISIONS 52 . 222-21 CERTIFICATION OF NONSEGREGATED FACILITIES. (APR 1984) 52 . 203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR 1985) (a) The offeror certifies that-- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory-- (1) Is the person in the offeror' s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above; or (2) (i) Has been authorized in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above. (insert full name of person(s) in the offeror' s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror' s organization. ) AGREEMENT NO. DTFA14-91-C-R1269 (ii) As an authorized agent, does certify that the principals named in subdivision (b) (2) (i) above have not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above. (c) If the offeror deletes or modifies subparagraph (a) (2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of provision) 52 . 203-4 CONTINGENT FEE REPRESENTATION AND AGREEMENT. (APR 1984) (a) Representation. The offeror represents that, except for full-time bona fide employees working solely for the offeror, the offeror-- Note: The offeror must check the appropriate boxes. For interpretation of the representation, including the term "bona fide employee, " see Subpart 3 . 4 of the Federal Acquisition Regulation. (1) / / has, / / has not employed or retained any person or company to solicit or obtain this contract; and (2) / / has, / / has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) Agreement. The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a) (1) or (a) (2) is answered affirmatively, to promptly submit to the Contracting Officer-- (1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119) ; or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation. AGREEMENT NO. DTFA14-91-C-R1269 52 . 203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (SEP 1990) (a) The Government, at its election, may reduce the price of a fixed-price-type contract or contract modification and the total cost and fee under a cost-type contract or contract modification by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or his or her designee, determines that there was a violation of subsection 27 (a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423) , as implemented in the FAR. In the case of a contract modification, the fee subject to reduction is the fee specified in the particular contract modification at the time of execution, except as provided in subparagraph (b) (5) of this clause. (b) The price or fee reduction referred to in paragraph (a) of this clause shall be-- (1) For cost-plus-fixed-fee contract, the amount of the fee specified in the contract at the time of award; (2) For cost-plus-incentive-fee contract, the target fee specified in the contract at the time of award notwithstanding any minimum fee or "fee floor" specified in the contract. (3) For cost-plus-award-fee contracts- (i) The base fee established in the contract at the time of contract award; (ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point. (4) For fixed-price-incentive contracts, the Government may- (i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price. AGREEMENT NO. DTFA14-91-C-R1269 (5) For firm-fixed-price contracts or contract modifications, by 10 percent of the initial contract price; 10 percent of the contract modification price; or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award or modification. (c) The Government may, at its election, reduce a prime contractor' s price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced. (d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract. 52 . 203-8 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY. (SEP 1990) - ALTERNATE I. (SEP 1990) (a) Definitions. The definitions set forth in FAR 3 . 104-4 are hereby incorporated in this provision. (b) Certifications. As required in paragraph (c) of this provision, the officer or employee responsible for this offer shall execute the following certification: Certificate of Procurement Integrity (1) I, (Name of certifier) , am the officer or employee responsible for the preparation of this offer or bid and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certificate, I have no information concerning a violation or possible violation of subsection 27 (a) , (d) or (f) of the Office. of Federal Procurement Policy Act, as amended* (41 U.S.C. 423) (hereinafter referred to as "the Act") , as implemented in the FAR, occurring during the conduct of this procurement (solicitation number) . (2) As required by subsection 27 (e) (1) (B) of the Act, I further certify that, to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of (Name of offeror) who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with, and will comply with, the requirement of this subsection 27 (a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of the Act, as implemented in the FAR, pertaining to this procurement. • AGREEMENT NO. DTFA14-91-C-R1269 (3) Violations or possible violations: (Continue on plain bond paper if necessary and label Certificate of Procurement Integrity (Continuation Sheet) , ENTER NONE IF NONE EXISTS) (4) I agree that, if awarded a contract under this solicitation, the certification required by subsection 27 (e) (1) (B) of the Act shall be maintained in accordance with paragraph (f) of this provision. (Signature of the Officer or Employee (Date) Responsible for the Offer) (Typed Name of the Officer or Employee Responsible for the Offer) *The Act became effective on December 1, 1990. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18 , UNITED STATES CODE, SECTION 1001. (End of certification) (c) For procurements, including contract modifications, in excess of $100, 000 made using procedures other than sealed bidding, the signed certifications shall abe submitted by the successful Offeror to the Contracting Officer within the time period specified by the Contracting Officer when requesting the certificates except as provided in subparagraphs (c) (1) through (c) (5) of this clause. In no event shall the certificate be submitted subsequent to award of a contract or execution of a contract modification: (1) For letter contracts, other unpriced contracts, or unpriced contract modifications, whether or not the unpriced contract or modification contains a maximum or not to exceed price, the signed certifications shall be submitted prior to the award of the letter contract, unpriced contract, or unpriced contract modification, and prior to the definitization of the letter contract or the establishment of the price of the unpriced contract or unpriced contract modification. The second certification shall apply only to the period between award of the letter contact and execution of the document definitizing the letter contract, or award of the unpriced contract or unpriced contract modification and execution of the document establishing the definitive price of such unpriced contract or unpriced contract modification. • AGREEMENT NO. DTFA14-91-C-R1269 (2) For basic ordering agreements, prior to the execution of a priced order; prior to the execution of an unpriced order, whether or not the unpriced order contains a maximum or not to exceed price; and, prior to establishing the price of an unpriced order. The second certificate to be submitted for unpriced orders shall apply to the period between award of the unpriced order and execution of the document establishing the definitive price for such order. (3) A certificate is not required for indefinite delivery contracts (see subpart 16. 5) unless the total estimated value of all orders eventually to be placed under the contract is expected to exceed $100, 000. (4) For contracts and contract modifications which include options, a certificate is required when the aggregate value of the contract or contract modification and all options (see 3 . 104-4 (e) ) exceeds $100, 000. (5) For purposes of contracts entered into under section 8 (a) of the SBA, the business entity with whom the SBA contracts, and not the SBA, shall be required to comply with the certification requirements of subsection 27 (e) . The SBA shall obtain the signed certificate from the business entity and forward the certificate to the Contracting Officer prior to the award of a contract to the SBA. (6) Failure of an Offeror to submit the signed certificate within the time prescribed by the Contracting Officer shall cause the. offer to be rejected. (d) Pursuant to FAR 3 . 104-9 (d) , the Offeror may be requested to execute additional certifications at the request of the Government. Failure of an offeror to submit the additional certifications shall cause its offer to be rejected. (e) A certification containing a disclosure of a violation or possible violation will not necessarily result in the withholding of an award under this solicitation. However, the Government, after evaluation of the disclosure, may cancel this procurement or take any other appropriate actions in the interest of the Government, such as disqualification of the Offeror. (f) In making the certification in subparagraph (b) (2) of the of the certificate, the officer or employee of the competing contractor responsible for the offer may rely upon a one-time certification from each individual required to submit a certification to the competing contractor, supplemented by periodic training. These certifications shall be maintained by the Contractor for 6 years from the date a certifying employee' s employment with the company ends or, for an agent, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor. AGREEMENT NO. DTFA14-91-C-R1269 (g) Certifications under paragraphs (b) and (d) o4 this provision are a material representation of fact upon which reliance will be placed in awarding a contract. (End of provision) *52 .203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION. (NOV 1990) (a) Definitions. The definitions set forth in FAR 3 . 104-4 are hereby incorporated in this clause. (b) The Contractor agrees that it will execute the certification set forth in paragraph (c) of this clause when requested by the Contracting Officer in connection with the execution of any modification of this contract. (c) Certification. As required in paragraph (b) of this clause, the officer or employee responsible for the modification proposal shall execute the following certification: CERTIFICATE OF PROCUREMENT INTEGRITY - MODIFICATION (NOV 1990) (1) I, (Name of certifier) , am the officer or employee responsible for the preparation of this modification proposal and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certification, I have no information concerning a violation or possible violation of subsection 27 (a) , (b) , (d) , or (f) of the Office of Federal Procurement Policy Act, as amended* (41 U.S.C. 423) , (hereinafter referred to as "the Act") , as implemented in the FAR, occurring during the conduct of this procurement (contract and modification number) . (2) As required by subsection 27 (e) (1) (B) of the Act, I further certify to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of (Name of offeror) who has participated personally and substantially in the preparation or submission of this proposal has certified that he or she is familiar with, and will comply with, the requirements of subsection 27 (a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsection 27 (a) , (b) , (c) , (d) , or (f) of the Act, as implemented in the FAR, pertaining to this procurement. AGREEMENT NO. DTFA14-91-C-R1269 (3) Violations or possible violations: (Continue on plain bond paper if necessary and label Certificate of Procurement Integrity - Modification (Continuation Sheet) , enter NONE if none exists) (Signature of the Officer or Employee (Date) Responsible for the Modification Proposal) (Typed Name of the Officer or Employee Responsible for the Modification Proposal) *Subsections 27 (a) , (b) , and (d) are effective on December 1, 1990. Subsection 27 (f) is effective on June 1, 1991. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. (End of certification) (d) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing Contractor responsible for the offer or bid, may rely upon a one-time certification from each individual required to submit a certification of the competing Contractor, supplemented by periodic training. These certifications shall be obtained at the earliest possible date after an individual required to certify begins employment or begins association with the contractor. If a contractor decides to rely on a certification executed prior to suspension of section 27 (ie; prior to December 1, 1989) , the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for a period of 6 years from the date a certifying employee ' s employment with the company ends or, for an agency, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the contractor. (e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing this modification. AGREEMENT NO. DTFA14-91-C-R1269 52 .209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT AND OTHER RESPONSIBILITY MATTERS. (MAY 1989) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that-- (i) The Offeror and/or any of its Principals-- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. (B) Have ( ) have not ( ) , within a 3-year period preceding this offer, been convicted of or have had civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statues relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a) (1) (i) (B) of this provision. (ii) The Offeror has ( ) has not ( ) , within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals, " for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g. , general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions) . THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF FALSE, FICTITIOUS OR FRAUDU- LENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18 , UNITES STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. • AGREEMENT NO. DTFA14-91-C-R1269 (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification shall be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 52 . 209-8 ORGANIZATIONAL CONFLICTS OF INTEREST CERTIFICATE-- ADVISORY AND ASSISTANCE SERVICES. (OCT 1990) (a) Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance of advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. (b) In order to comply with the Office of Federal Procurement Policy Letter 89-1, Conflict of Interest Policies Applicable to Consultants, an offeror notified that it is the apparent successful offeror, shall provide the certificate described in paragraph (c) of this provision. (c) The certificate must contain the following: (1) Name of the agency and the number of the solicitation in question. (2) The name, address, telephone number, and federal taxpayer identification number of the apparent successful offeror. (3) A description of the nature of the services rendered by or to be rendered on the instant contract. AGREEMENT NO. DTFA14-91-C-R1269 (4) The name, address, telephone number of the client or client(s) , a description of the service rendered to the previous client(s) , and the name of a responsible officer or employee of the offeror who is knowledgeable about the services rendered to each client, if in the 12* months preceding the date of the certification, services were rendered to the Government or any other client (including a foreign government or person) respecting the same subject matter of the instant solicitation, or directly relating to such subject matter. The agency and contract number under which the services were rendered must also be included, if applicable. (5) A statement that the person who signs the certificate has made inquiry and that, to the best of his or her knowledge and belief, no actual or potential conflict of interest or unfair competitive advantage exists with respect to the advisory and assistance services to be provided in connection with the instant contract, or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the contract in question has been communicated in writing to the Contracting Officer or his or her representatives. (6) The signature, name, employer's name, address, and telephone number of the person who signed the certificate. (d) Persons required to certify but who fail to do so may be determined to be nonresponsible. Misrepresentation of any fact may result in suspension or debarment, as well as penalties associated with false certifications or such other provisions provided for by law or regulation. (End of provision) 52 . 236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION. (APR 1984) ALTERNATE II. (APR 1984) (a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. • AGREEMENT NO. DTFA14-91-C-R1269 (b) Wherever in the specifications or upon the drawings the words "directed" , "required" , "ordered" , "designated" , "prescribed" , or words of like import are used, it shall be understood that the "direction" , "requirement" , "order" , "designation" , or "prescription" , of the Contracting Officer is intended and similarly the words "approved" , "acceptable" , "satisfactory" , or words of like import shall mean "approved by" , or "acceptable to" , or "satisfactory to" the Contracting Officer, unless otherwise expressly stated. (c) Where "as shown" , "as indicated" , "as detailed" , or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place" , that is "furnished and installed" . (d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, any -lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e. , form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor' s approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government' s reasons therefor. Any work done before such approval shall be at the Contractor' s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below. (f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. AGREEMENT NO. DTFA14-91-C-R1269 (g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted. (h) This clause shall be included in all subcontracts at any tier. (End of clause) 52 . 214-2 TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING. (JUL 1987) The bidder, by checking the applicable box, represents that-- (a) It operates as / / a corporation incorporated under the laws of the State of , / / an individual, / / a partnership, / / a nonprofit organization, or / / a joint venture; or (b) If the bidder is a foreign entity, it operates as / / an individual, / / a partnership, / / a nonprofit organization, / / a joint venture, or / / a corporation, registered for business in country (End of provision) *52 . 219-1 SMALL BUSINESS CONCERN REPRESENTATION. (FEB 1990) (a) Representation. The offeror represents and certifies as part of its offer that it / / is, / / is not a small business concern and that / / all, / / not all end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands. (b) Definition. Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. • AGREEMENT NO. DTFA14-91-C-R1269 (c) Notice. Under 15 U.S.C. 645 (d) , any person who misrepresents a firms's status as a small business concern in paragraph (a) of this clause in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8 (a) , 8 (b) , 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8 (d) for a definition of program eligibility, shall (1) be punished by imposition of a fine, imprisonment, or both; (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the authority of the Act. (End of provision) *52 . 219-1 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM. (DEC 1988) - ALTERNATE I. (DEC 1988) (a) Definition. "Emerging small business" , as used in this solicitation, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the standard industrial classification code assigned to a contracting opportunity. (b) (Complete only if Offeror has certified itself under the clause at FAR 52 . 219-1 as a small business concern under the size standards of this solicitation. ) The Offeror represents and certifies as part of its offer that it is, is not an emerging small business. (c) (Complete only if the Offeror is a small business or an emerging small business, indicating its size range. ) Offeror' s number of employees for the past twelve months or Offeror' s average annual gross revenue for the last three fiscal years. (Check one of the following. ) No. of Employees 50 or fewer 51 - 100 101 - 250 251 - 500 501 - 750 751 - 1, 000 over 1, 000 Average annual gross revenues $1 million or less $1, 000, 001 - $2 million $2 , 000, 001 - $3 . 5 million $3 , 500, 001 - $5 million $5, 000, 001 - $10 million $10, 000, 001 - $17 million Over 17 million (End of provision) *52 . 219-2 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION. (FEB 1990) (a) Representation. The offeror represents that it / / is, / / is not a small disadvantaged business concern. AGREEMENT NO. DTFA14-91-C-R1269 (b) Definitions. Asian-Pacific American, as used in this provision, means a United States citizen whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands (Republic of Palau) , the Northern Mariana Islands, Laos, Kampuchea (Cambodia) , Taiwan, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall Islands, or the Federated States of Micronesia. Indian tribe, as used in this provision, means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native Corporation as defined in 13 CFR 124 . 100 which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians, or which is recognized as such by the State in which such tribe, band, nation, group, or community resides. Native Americans, as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians. Native Hawaiian Organizations, as used in this provision, means any community service organization serving Native Hawaiians in, and charted as a not-for-profit organization by, the State of Hawaii, which is controlled by Native Hawaiians, and whose business activities will principally benefit such Native Hawaiians. Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121. Small disadvantaged business concern, as used in this provision, means a small business concern that (a) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and (b) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one of these entities which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR 124 . AGREEMENT NO. DTFA14-91-C-R1269 Subcontinent Asian American, as used in this provision, means a United States citizen whose origins are in India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal. (c) Qualified groups. The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Americans, and other individuals found to be qualified by SBA under 13 CFR 124 . The offeror shall presume that socially and economically disadvantaged entities also include Indian tribes and Native Hawaiian Organizations. (End of provision) *52 . 219-3 WOMEN-OWNED SMALL BUSINESS REPRESENTATION. (APR 1984) (a) Representation. The offeror represents that it / / is, / / is not a women-owned small business concern. (b) Definitions. "Small business concern, " as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121. "Women-owned, " as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (End of provision) *52 . 222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . (APR 1984) The offeror represents that-- (a) It / / has, / / has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114 ; (b) It / / has, / / has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) AGREEMENT NO. DTFA14-91-C-R1269 *52 . 223-5 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE. (MARCH 1989) (a) Definitions. As used in this provision, "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation 21 CFR 1308. 11 - 1308. 15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statutes" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. "Drug-free workplace" means a site for the performance of work done in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor. (b) By submission of its offer, the offeror, if other than an individual, who is making an offer that equals or exceeds $25, 000, certifies and agrees, that with respect to all employees of the offeror to be employed under a contract resulting from this solicitation, it will- (1) Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a drug-free awareness program to inform such employees about - (i) The dangers of drug abuse in the workplace; (ii) The Contractor' s policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and AGREEMENT NO. DTFA14-91-C-R1269 (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b) (1) of this provision; (4) Notify such employees in the statement required by subparagraph (b) (1) of this provision, that as a condition of continued employment on the contract resulting from this solicitation, the employee will - (i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Notify the contracting officer within ten (10) days after receiving notice under the subdivision (b) (4) (ii) of this provision, from an employee or otherwise receiving actual notice of such conviction; and (6) Within 30 days after receiving notice under subparagraph (b) (4) (ii) of this provision of a conviction, impose the following. sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace; (i) Take appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b) (1) through (b) (6) of this provision. (c) By submission of its offer, the offeror, if an individual who is making an offer to any dollar value, certifies and agrees that the offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation. (d) Failure of the offeror to provide the certification required by paragraph (b) or (c) of this provision, renders the offeror unqualified and ineligible for award. (See FAR 9 . 104-1 (g) and 19 . 602- 1 (a) (2) (i) . ) AGREEMENT NO. DTFA14-91-C-R1269 (e) In addition to other remedies available to the Government, the certification in paragraphs (b) and (c) of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. (End of Clause) GENERAL CERTIFICATION The City of Elgin hereby assures and certifies that, with respect to this agreement, and by acceptance and execution, it will comply with all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project, including but not limited to the following: Federal Legislation a. Federal Aviation Act of 1958-49USC 1301, et seq. b. Hatch Act-5USC 1501, et seq. c. National Historic Preservation Act of 1966-Section 106, 16USC470 (f) . d. Archeological and Historic Preservation Act of 1974- 16USC469 thru 469 (c) . e. Flood Disaster Protection Act of 1973-Section 102 (a) 42USC 4012a. f. Rehabilitation Act of 1973-29USC794 . g. Civil Rights Act of 1964-Title VI- 42USC2000d thru d-4 . h. Age Discrimination Act of 1975-42USC6101 et seq. i. National Environmental Policy Act of 1969-42USC 4321 et seq. j . Endangered Species Act - 16USC668 (a) et seq. k. Single Audit Act of 1984-31USC7501 et seq. Executive Orders a. Executive Order 12372 - Intergovernmental Review of Federal Programs. b. Executive Order 11246 - Equal Employment Opportunity. Federal Regulations a. 49 CFR Part 18 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. 49 CFR Part 21 Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 . = AGREEMENT NO. DTFA14-91-C-R1269 c. 49 CFR Part 23 Participation by Minority Business Enterprise in Department of Transportation Programs. d. 49 CFR Part 27 Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. e. 49 CFR Part 29 Debarments, Suspensions and Voluntary Exclusions. f. 49 CFR Part 30 Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to US Contractors. g. 29 CFR Part 1 Procedures for Predetermination of Wage Rates. h. 29 CFR Part 3 Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from the U.S. i. 29 CFR Part 5 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. j . 41 CFR Part 60 Office of Federal Contract Compliance Programs. Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted Contracting Requirements) Office of Management and Budget Circulars A-128 Audits of State and Local Governments Copies of applicable portions of the documents indicated above may be procured from the Contracting officer. The FAA and the CITY agree to the provisions of this agreement, as indicated by the signatures of their duly authorized officers. CITY OF LGI FEDERAL AVIATION ADMINISTRATION By By 411-1A-44 P L-- �-� Title:Title: " . Date: cy Date: ?01 19 I — U.S. Department of Labor ATTACHMENT NO. 1 TO MEMORANDUM OF AGREEMENT NO. *>� DTFA14-91-C-R1269 �� GENERAL WAGE DECISION NO . IL91 - 11 Supersedes General Wage Decision No . IL9O- 11 State : Illinois County( ies ) : BOONE , DEKALB , DUPAGE , KANE . KENDALL, LAKE . MCHENRY AND WILL Construction Type : Heavy & Highway Construction Description: Heavy and Highway Projects Modification Record: No . Publication Date Paoe No . ( s) 1 June 7 . 1991 1; - 1e7 163 Vol. II U.S. Department of Labor IL91- 11 • Basic Fringe Hourly Benefits Rates *CARPENTERS : PILEDRIVERMEN : Boone County 16 . 62 5 . 79 DeKalb Co . 18 . 64 3 . 77 Dupage & Lake Co 20. 95 4 . 38 Kane , McHenry, Kendall (N . of Hwy 52 ) 19 . 90 4 . 02 Kendall ( S . of HWy 52 ) 19 . 90 4 . 06 Will Co . 21 . 20 5 . 67 *CEMENT MASONS : Boone Co . 17 . 97 4 . 90 DeKalb, Kane ( S . part ) , and Kendall Cos . 21 . 22 4 . 79 DuPage Co. 19 . 30 5 . 88 Kane (North part ) , McHenry 20. 15 3 . 86 Lake Co . 19 . 55 4 . 40 Will Co . 19 . 60 6 . 35 *ELECTRICIANS : Boone & DeKalb ( Except Sandwich Twp) 21 . 50 1 . 60+ 10. 5% DeKalb ( Sandwich Twp) , Kane (Aurora , Sugar Grove, Big Rock , Kaneville, Blackberry, Batavia, Geneva Twps & City of St Charles ) & Kendall Cos 21 . 25 21 . 5% Dupage Co . 21 . 88 36% Kane ( Remainder ) & McHenry Cos 22 . 50 27 . 5% Lake Co . 22 . 00 33% Will Co . 21 . 75 5 . 03+ 3 . 4% *IRONWORKERS : Boone, Dekalb ( Except S . E . ) . McHenry (N . W) Cos 20.00 6 . 225 Dekalb ( Remainder ) , DuPage ( Except Argonne & Vic . ) , Kane , Kendall (N . ) , McHenry ( S . E . part ) Cos 21 . 17 9 . 11 DuPaae (Argonne & Vic . ) . Kendall ( S . Part ) , Grundy & Will Cos 20.05 7 . 00 Lake & McHenry (Hebron, Woodstock & East thereof ) Cos Reinforcing & Structural 20. 27 9 . 58 Ornamental 21 . 11 6 . 59 Fence Erectors 21 . 15 6 . 42 Metal Fence Erectors 15 . 94 5 . 29 Sheeter 20. 52 9 . 58 *LABORERS : DeKalb Co . : Group 1 13 . 67 6 . 40 Group 2 13 . 92 6 . 40 DuPage , Lake & Will Cos : Group 1 17 . 25 3 .07 Group 2 17 . 325 3 .07 Group 3 17 . 40 3 . 07 • Group 4 17 . 525 3 .07 Group 5 18 . 25 3 .07 • SEWER AND TUNNEL : Group 1 17 . 25 3 .07 VO1. 11 164 ( June 7 , 199 1 ) U.S. Department of Labor IL9l- 11 Group 2 17 . 375 3 .07 Group 3 17 . 475 3 .07 Group 4 17 . 60 3 .07 Group 5 16 . 25 3 .07 Boone, Kane , Kendall & McHenry: Group 1 17 . 25 3 .07 Group 2 17 . 30 3 .07 Group 3 17 . 35 3 . 07 Group 4 17 . 40 3 .07 Group 5 17 . 50 3 .07 Group 6 17 . 60 3 .07 Group 7 17 . 75 3 .07 Group 8 16 . 45 3 .07 Group 9 1EE . 45 2 .01 *LINE CONSTRUCTION : Boone, DeKaib, DuPage , Kane , Kenc Lake & McHenry Cos : Lineman 20 1 . 254 13 . s;-a Equip. Operator 7' . 49 1 . 254 13 . 57:+a Groundman Truck Driver 13 . 72 1 . 2E4 1E . E%-_a Groundman 4 . 15 1 . 2=- -a Will Co : Lineman, Equipment Operator 19 . 90 21 .05�: Groundman 14 . 90 21 .05% *PAINTERS : Boone Co: Brush; Roller 16 . 65 4 . 22 Sandblasting 17 . 65 4 . 22 Spray 17 . 20 4 . 22 Dekalb, DuPage , Kane, Kendall & McHenry Cos : Brush; Spray, Sandblasting 20. 20 2 . 83 Lake: Brush 20. 20 3 .00 Will : Industrial (all work) 19 .00 3 . 40 *POWER EQUIPMENT OPERATORS : DuPage , Kane, Kendall , Lake, McHenry and Will Counties : Group 1 21 . 50 6 . 10 Group 2 20. 95 6 . 10 Group 3 i9 . 80 6 . 10 Group 4 18 . 40 6 . 10 Group 5 17 . 20 6 . 10 *Boone and DeKalb Counties : Group i 21 . 50 6 . 10 Group 2 20. 95 6 . 10 Group 3 19 . 80 6 . 10 Group 4 18 . 40 6 . 10 Group 5 17 . 20 6 . 10 TRAFFIC SAFETY WORKERS : Encompasses the installation and servicing of traffic safety devices during periods of highway construction, including such work as the set-up and maintenance of barricades , . drums, cones , delineators , signs , and other such items , as well as the layout and application of temporary tape used to Vol. II • 165 (June 7 , 199 1 ) U.S. Department of Labor IL91-11 • control traffic in construction zones . 12 . 79 1 . 10 TRUCK DRIVERS : Boone Co : 2-3 Axles 14 .98 5 . 75 4 Axles 15 . 13 5 . 75 5 Axles 15 . 33 5 . 75 6 Axles 15 . 53 5 . 75 Remaining Counties : 2-3 Axles 18 . 10 b 4 Axles 18 . 25 b 5 Axles 18 . 45 b 6 Axles 18 . 65 b CLASSIFICATION DESCRIPTIONS LABORERS : DeKalb County: Group 1 : Common Laborer ; Carpenter Tender; Tool Cribman; Fireman or Salamander Tender ; Flagman; Gravel Box Men, Dumpmen & Spotters ; For handlers ; Material handlers ; Fencing laborers ; Cleaning lumber; Pit men; Landscaper; Unloading explosives ; Laying of sod; Planting of trees : Removal of trees ; Asphalt workers with machine & layers ; Asphalt plant Laborers ; Wrecking: Fireproofing; Driving of stake: Stringlines for all machinery; Window cleaning Group 2 : Handling of materials harmful to skin or clothing; Track laborer ; Cement handier ; Chloride handier ; Unloading & laborers with steel workers & re-bars ; Concrete workers , wet ; Tunnel tenders in free air ; Batch dumper ; Mason tender ; Kettle & tar men; Tank cleaner ; Plastic installer ; Scaffold worker ; Motorized buggies or motorized unit used for wet concrete or handling of building materials : Laborers with de-watering systems ; Sewer workers plus depth; Vibrator operators ; Cement silica, clay, fly ash , Lime & plasters , Handlers (bulk or bag) ; Cofferdam workers plus depth; Concrete paving , placing, cutting & tying of reinforcing; Deck hand dredge hand and shore laborers ; Bankmen on floating plant ; Grade checker ; Power tools ; Front end man on chip spreader ; Caisson worke plus depth; Gunnite nozzle man; , leadman on sewer work ; Welders , cutters , burners & torchmen; Chainsaw operator; Jackhammer & drill operator ; Layout man and/or tile layer; Steel form setter ; Air tamping hammermen; Signal man on crane; Concrete saw; Screenman on asphalt paver ; Tending masons with hot material or where foreign materials are used; Mortar mizer operator ; Multiple concrete duct - leadman; Luteman; Asphalt raker; Curb asphalt machine operator ; Ready mix scaleman, permanent , portable or temporary plant : Laborer handling masterplate or similar materials; Laser beam operator; Concrete burning machine operator ; Coring machine Operator ; Plaster tender ; Underpinning and shoring of buildings ; Pump men; Manhole an catch basin; Dirt & stone tamper ; Hose men on concrete pump . LABORERS : Boone, McHenry, Kane, & Kendall Counties Group 1 : Common laborer , Asphalt laborer, Asphalt plant laborer , Stripping laborer , Clipper type concrete saw, self- propelled saws Vol. II 166 U.S. Department of Labor IL91-11 Group 2: Air Tampers & Vibrators Group 3: Mortar & Concrete mixers Group 4 : Stringline & form setter; Torchman (demolition) , Sheeting & cribbing, Black top rakers & luternen, Machine screwmen Group 5 : Chain saw man, Jackhammer man, Driliman, Concrete breakers & air space , Dynamite handlers (helpers ) Group 6 : Tunnel Laborers, Tile Layers & Bottom Men Group 7 : Caisson Diggers , Dynamiters Group 8 : Flagman Group 9 : Asbestos Abatement Laborers, Toxic & Hazardous Waste Removal Laborers & Dosimeter use (any device) Monitoring Nuclear Exposure LABORERS : Dupaga, Lake & Wil ' Counties : Group 1 : Construction; Tenders ; Material Expeditor (Asphalt Plant ) ; Street Paving, Grade Seperation, Sidewalk , Curb & Gutter, Strippers & Ail laborers not otherwise mentioned Group 2 : Asphalt Tampers & Smothers ; Cement Gun Group 3 : Cement Gun Nozzle ( Laborers) reunite Group 4 : Rakers & Lutemen; Machine-Screwmen; Kettlemen; Mixermen; Drum-Men; Jackhammermen (Asphalt ) ; Paintmen; Mitre Box Spreaders; Laborers on Birch, Overmen & Similar Spreader Equipment ; Laborers on Apsco; Laborers on Air Compressors; Paving Form Setters ; Jackhammermen (Concrete) ; Power Driven Concrete Saws; Other Power Equipment Group 5 : Asbestos Abatement Laborers , Toxic & Hazardous Waste Removal Laborers & Dosimeter use (any device) Monitoring Nuclear Exposure SEWER AND TUNNEL WORK: Group 1 : Top Laborers , Signalmen and all laborers not otherwise mentioned Group 2 : Concrete laborers ; steel setters Group 3: Cement carriers ; Cement mixers; Concrete repairmen; Mortarmen; Scaffold men; and Second bottom men Group 4 : Air track drill operations; Bottom men; Bracers-bracing; Bricklayer' s tender ; Catch basin digger ; Drainlayer ; Dynamiter ; Form men; Jackhammermen; Pipelayers; Rodders; Welders & Burners ; Well point system men Group 5 : Asbestos Abatement Laborers, Toxic & Hazardous Waste Removal Laborers & Dosimeter use (any device) Monitoring Nuclear Exposure POWER EQUIPMENT OPERATORS : Group 1 : Asphalt plant ; Asphalt heater & planer combination; Asphalt spreader; Auto-grader; Belt loader; Caisson rigs; Car dumper; Central Redi-mix plant ; Combination backhoe front end loader 1 yd & over; Concrete breaker truck mounted; Concrete conveyor; Concrete paver over 27E cu ft ; Concrete placer; Concrete. tube float; Cranes, • all attachments; Cranes, Hammerhead, Linden, Peco & similar; Creter • crane; Derricks; Derrick boats; Derricks , traveling; Dredges; Field mechanic-welder; Formless curb & gutter machine; Gradall & similar; Grader, elevating; Motor grader, motor patrol , auto patrol , form Vail 167 U.S. Department of Labor IL91-11 grader, pull grader, subgrader; Guard rail post driver truck mounted; Roto mill grinder; Slip form paver; Soil test drill rig truck mounted; Stradle Buggy; Hydraulic telescoping form (tunnel ) ; Tractor drawn belt loader with or without attach. Pusher ; Tractor with boom; Raised or blind hole (tunnel shaft) drill ; Underground boring and/or mining machines under 5 ft ; Wheel excavator; Widener (Apsco) Group 2 : Batch plants ; Bituminous mixer ; Bobcats over 3/4 cu yds ; Boiler & throttle valve; Bulldozers ; Car loader trailing conveyors ; Combination backhoe front end loader machine under 1 cu yd; Compressor & throttle valve; Concrete breaker or hydrohammer ; Concrete grinding machine; Concrete mixer or paver 7S series to & inclu. 27 cu ft ; Concrete spreader ; Concrete curing machine; Burlap machine; Belting machine & sealing machine; Finishing machine, concrete; Greaser engineer ; Highlift shovels or front-end loaders ; Hoist - sewer dragging machine; Hydraulic boom trucks , all attachments ; Locomotives , Dinky; Pumperetes , squeeze cretes - screw type pumps , gypsum bulker & pump; Roller , asphalt ; Rotary snow plows ; Rototiller . Seaman, etc. self-propelled; Scoops, tractor drawn; Self-propelled compactor spreader - chip -stone, etc; Scraper - prime mover in tandem (add $1/hr each machine attached) Tank car heater; Tractors , push, pulling sheeps foot , disc, compactor, etc , Tug boats . Group 3 : Boilers ; Brooms , all power propelled; Cement supply tender ; Concrete mixer (2 bags & over) ; Conveyor , portable; Farm-type tractors used for mowing, seeding, etc; Firemen on boilers ; Forklift trucks ; Grouting machine: Hoists , automatic ; Hoists , all elevators ; Hoists , tugger single drum; Jeep diggers ; Pipe jacking machine; Post hole digger ; Power saw , concrete: Pug mills ; Rollers, other than asphalt ; Steam generators : Stone crushers : Stump machine; Winch trucks with "A" frame ; Work boats , tamper-form-motor driven Group 4 : Air compressor ; Asphalt spreader backend man; Combination - small equipment operator ; Generators ; Heaters , mechanical ; Light plants ( 1 through 5 ) ; pumps over 3" ( 1 to 3 nor to exceed a total of 300 ft ) ; Pumps , well points ; Tractaire; Welding machines (2 through 5) ; Winches , 4-small electric drill winches; Bobcats 3/4 cu yd and under Group 5 : Oilers FOOTNOTES : a . Paid Holidays : Memorial Day; Independence Day; Labor Day; Thanksgiving Day; b. $146 .00 per week c. Paid Holidays : New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day & Christmas Day. One year's service - one week paid vacation; two or more years, of service - two weeks paid vacation UNLISTED CLASSIFICATIONS NEEDED FOR WORK NOT INCLUDED WITHIN THE SCOPE OF THE CLASSIFICATIONS LISTED MAY BE .ADDED AFTER AWARD ONLY AS PROVIDED IN THE LABOR STANDARDS CONTRACT CLAUSES (29 CFR, 5 . 5 (a) ( 1 ) ( i i ) Vol. tl 168 U.S. Department of Labor (*).. • IL91-11 Vol. it 169 f U.S. Department of Labor IL91 - 11 Vol. II 170 Agenda Item No. Iff-vg,) �o9jltD i�1 . August 26, 1991 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Approval of FAA Construction Agreement for Farm Colony Industrial Park For the past several months, the Elgin Development Corpo- ration and City have been working with the FAA on the 15 acre site at the northeast corner of the Farm Colony property as the new TRACON center. The FAA will be the first organiza- tion into the new Farm Colony Industrial Park which the Corpo- ration is marketing. The various agreements are now in final form to move ahead with this major economic development project, and the City' s agreement with the FAA is on this agenda for Council action. The various contractual relationships involved with this project are somewhat convoluted. Essentially, the EDC as owner of the Farm Colony Park will be "donating" to FAA the 15 acres with conditions as to the City's zoning and develop- ment requirements, etc. All issues have been resolved be- tween the EDC and FAA except one - that of a reverter clause in case the FAA would not ultimately build the TRACON cen- ter. That issue will be resolved by your meeting between the Corporation and FAA. A second agreement between FAA and the City is the sub- ject of this Council agenda, and provides that the City will construct the roadway and utility improvements necessary to serve the FAA site. FAA will reimburse the City on a quarter- ly basis for this work in the amount of $1 .5 million. Al- though item 6 on the second page discusses multiple year commitments, as a practical matter the full $1 .5 million will be available by the time of the first reimbursement and will be paid out as billed. The City agrees to complete the road and utility improvements to the site by September 10, 1992 . Mayor and Members of the City Council • o 0 August 26, 1991 Page 2 The City and EDC in turn will have an agreement (to be available Wednesday) for the EDC to provide engineering de- sign and construction supervision for the work through its consultant Burnidge & Cassell. The EDC agrees to pay for all costs in excess of the $1 .5 million FAA contribution. Thus, the City will not be responsible for the costs involved in improving the site - although the City Council has previously agreed to provide for a special assessment process to under- write the EDC costs until properties are sold and the special assessment debt is paid off. We expect to have the prelimi- nary and final plat for the industrial park, along with the special assessment paper work ready for Council 's attention in the next 30 to 60 days . FINANCIAL IMPACT As noted above, the City will be responsible for estab- lishing a special assessment process to carry out the roadway and utility work for the industrial park, but will not be responsible for the costs. RECOMMENDATION The Council . is asked to approve the attached agreements with the FAA and the EDC. Larr .' Ric 'ty Manager LLR:amp Attachment 7 '�- AGREEMENT NO. DTFA14-91-Z-R1269 MEMORANDUM OF AGREEMENT between DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF ELGIN WHEREAS, the City of Elgin, Illinois, hereinafter referred to as the CITY, is in a position to furnish directly (or by contract) material, utilities, equipment, services and roads which the Federal Aviation Administration, hereinafter referred to as FAA requires, has funds available for and has determined, in the interest of efficiency, effectiveness and cooperation, should be obtained from the CITY; and WHEREAS, the Federal Aviation Act of 1958 (49 USC 1301 et seq) and the current Acts authorize the FAA to confer and cooperate with municipal or other local agencies and to accept services and the use of facilities of such municipalities and local agencies; and the FAA is authorized to contract, and pay for, such services; NOW, THEREFORE, the FAA and the CITY mutually agree as follows: ARTICLE I -- Title and Description of Project A. The title of this project is ROADWAY AND UTILITY IMPROVEMENTS B. The Federal Aviation Administration (FAA) is planning to design, construct, staff and operate a Terminal Radar Approach Control (TRACON) facility on the property, a part of the larger tract known as the "Farm Colony Property" and shown on attachment 'A' . Due to the size, function and staffing of the facility the FAA will require full utilities, including telephone service, as well as sewers (storm and sanitary) and an access road for ingress and egress to and from the site. C. CITY Scope of Work and Cost Estimates: 1. The CITY will provide full design, engineering, construction, supervision and administration to provide sewer systems (storm and sanitary) , gas lines, electric service, and telephone service, and will design, engineer and construct an access road up to the FAA site complete with curbs, gutters and drainage systems. AGREEMENT NO. DTFA14-91-Z-R1269 2. All utility, road and sewer systems will run up to the FAA site via easements the city will have procured. The telephone system may be constructed elsewhere within the center of the Farm Colony Property and the FAA will retain responsibility for connection from its facility to the telephone company .terminals. In addition, the FAA will retain responsibility for any FAA peculiar telephone system requirements such as data lines, or optical cabling. 3 . The CITY will be provided names, telephone numbers and addresses, and make contact, with FAA engineering personnel or their contractors. The CITY will coordinate the design, sizing and runs of utility lines with the FAA. 4. The estimated costs for the work specified above are as follows: 1. Storm Sewers - $246, 000 2. Sanitary Sewers - $74, 000 3. Water Mains - $154, 000 4. Natural Gas - $4, 500 5. Electric Power - $16, 500 6. Retention Facilities - $29, 000 7. Telephone - $7, 000 8. Rough Site Grading - $120, 000 9. Roads - $511, 000 10. A&E Costs - $202 , 000 SUBTOTAL $1, 364, 000 10% Admin Costs - $136, 000 TOTAL $1, 500, 000 NOTE: The above costs are estimates and it is acknowledged that the City may spend more or less than the estimated cost in any of the above identified areas, Also, there is no restriction on the City as to how it utilizes the $1, 500, 000 in the above identified areas. 5. The FAA will reimburse the CITY a total not to exceed $1,500, 000 for the work specified herein. 6. In that this agreement is envisioned to last over multiple fiscal years, the continuation of the agreement is contingent upon availability of funds from fiscal year to fiscal year. In the event funding is delayed, the completion date found in Article VIII, Clause 52.212-3 shall be extended to allow the City adequate time to complete its work. D. The FAA will comply with its obligations to the Elgin Development Corporation (EDC) under the Memorandum of Understanding signed by FAA and EDC on February 11, 1991. AGREEMENT NO. DTFA14-91-Z-R1269 2. All utility, road and sewer systems will run up to the FAA site via easements the city will have procured. The telephone system may be constructed elsewhere within the center of the Farm Colony Property and the FAA will retain responsibility for connection from its facility to the telephone company terminals. In addition, the FAA will retain responsibility for any FAA peculiar telephone system requirements such as data lines, or optical cabling. 3. The CITY will be provided names, telephone numbers and addresses, and make contact, with FAA engineering personnel or their contractors. The CITY will coordinate the design, sizing and runs of utility lines with the FAA. 4. The estimated costs for the work specified above are as follows: 1. Storm Sewers - $246,000 2. Sanitary Sewers - $74, 000 3. Water Mains - $154, 000 4 . Natural Gas - $4 , 500 5. Electric Power - $16,500 6. Retention Facilities - $29, 000 7. Telephone - $7, 000 8. Rough Site Grading - $120,000 9. Roads - $511, 000 10. A&E Costs - $202 ,000 SUBTOTAL $1, 364, 000 10% Admin Costs - $136, 000 TOTAL $1,500, 000 NOTE: The above costs are estimates and it is acknowledged that the • City may spend more or less than the estimated cost in any of the above identified areas, Also, there is no restriction on the City as to how it utilizes the $1,500, 000 in the above identified areas. 5. The FAA will reimburse the CITY a total not to exceed $1,500,000 for the work specified herein. 6. In that this agreement is envisioned to last over multiple fiscal years, the continuation of the agreement is contingent upon availability of funds from fiscal year to fiscal year. In the event funding is delayed, the completion date found in Article VIII, Clause 52.212-3 shall be extended to allow the City adequate time to complete its work. AGREEMENT NO. DTFA14-91-Z-R1269 ARTICLE II -- Definitions A. "Contractor" shall be understood and mean "the City of Elgin" . B. "Subcontractor" shall be understood to refer to any Contractor or organization employed by the City of Elgin for work on this project. C. "Government" shall, within this contract, refer to the Federal Aviation Administration (the FAA) which shall perform its work, on behalf of the Government, under authority delegated by Congress. There shall be a "warranted Contracting Officer" appointed to act on behalf of the Government. D. All references to Contractor, as used herein, shall mean the City of Elgin (the CITY ) and all references to Government, unless otherwise indicated, shall mean the Federal Aviation Administration (the FAA ) . E. "Contract" as used within this agreement means this agreement. ARTICLE III -- Reimbursement, Performance and Accounting_ Arrangements A. FAA will reimburse the CITY on an quarterly basis upon receipt of billing for the project costs incurred by the CITY in furnishing design, engineering, construction, and supervision for the utilities and roadwork required under this agreement; PROVIDED, HOWEVER, that upon revocation or termination of the agreement for any cause, FAA will reimburse the CITY for all cost incurred up to the time of revocation or termination. B. Any overhead costs represents the cost to the CITY of those indirect expenses which are a part of the cost of overall operations directly attributable to the FAA's portion of the project and is included in the total overall project cost. C. The FAA hereby identifies the Real Estate Branch, AGL-56 Great Lakes Region, 2300 East Devon Avenue, Des Plaines, Illinois 60018, as assigned administrative responsibility for accomplishment of this agreement. The Accounting Division, ACE-20, Central Region, 601 East 12th Street,Kansas City, Missouri 64106, is identified by the FAA as the billing office for this agreement. AGREEMENT NO. DTFA14-91-Z-R1269 D. The CITY hereby identifies the office which will render bills for costs incurred under the terms of this agreement: E. Billing will be provided by the CITY in a standard format identifying the supplies, equipment, material, utility and/or services provided by the CITY under this agreement. The CITY will also provide an updated construction schedule to the FAA, if required. ARTICLE IV -- Amendment Any change in the supplies, equipment or services to be furnished under this agreement shall be formalized by an appropriate written amendment to the agreement which shall outline in detail the exact nature of the change. ARTICLE V -- Effective Date This agreement supersedes any previous agreements between the parties on the subject. matter set forth in Article I hereof and is effective upon execution by all parties hereto. ARTICLE VI -- Liability A. Hold Harmless The CITY, agrees to defend any suit brought against the United States, the FAA, or any instrumentality or officer of the United States arising out of work under this agreement. The CITY further agrees to hold the United States, the FAA, or any instrumentality or officer of the United States harmless against any claim by the CITY or any agency thereof, or third persons for personal injury, death, or property damage arising out of work under this agreement. B. Damages Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel, the CITY agrees to reimburse the FAA for any damage to or destruction of FAA property arising out of work under this agreement. AGREEMENT NO. DTFA14-91-Z-R1269 ARTICLE VII -- Revocation This agreement may be revoked at any time by either party by 15 days notice in writing, subject to provisions provided for in Article IIIa. In the event of a revocation by the FAA, the real estate donated to the FAA will be deeded back to the Elgin Develpoment Corporation free of liens and encumbrances. ARTICLE VIII -- Additional Clauses 52.203-7 ANTI-KICKBACK ACT This Contract is subject to the Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act) . (A) The act prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including directly or indirectly, the amount of kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (B) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (A) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (A) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (A) of this clause. (4) Regardless of the contract tier at which a kickback was provided, accepted, or charged under the contract in violation of paragraph (A) of this clause, the Contracting Officer may: (i) Offset the amount of the kickback against any monies owed by the United States under this contract and/or AGREEMENT NO. DTFA14-91-Z-R1269 (ii) direct that the Contractor withhold from sums owed the subcontractor, the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (B) (4) (ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (B) (4) (i) of this clause. In the latter case, the Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (B) (5) , in all subcontracts under this contract. (C) Definitions: "Kickback, " as used in this clause, means any money, fee, commission, credit, gift,gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a subcontract relating to a prime contract. "Person, "as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. "Prime Contract, " as used in this clause ,means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "Prime Contractor Employee, " as used in this clause, means any officer,partner, employee, or agent of a prime Contractor. "Subcontract, " as used in this clause , " means a contract or contractual action entered into by a prime Contractor of subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor, " as used in this clause, (1) means any person other than the prime contractor, who offers to furnish or furnishes any supplies materials ,equipment or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. "Subcontractor Employee, " as used in this clause, means any officer,partner, employee, or agent of a subcontractor. AGREEMENT NO. DTFA14-91-Z-R1269 52. 212-3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984) - ALTERNATE I. (APR 1984) . The Contractor shall be required to complete the entire work ready for use not later than September 10, 1992 . 52.215-1 EXAMINATION OF RECORDS BY THE COMPTROLLER GENERAL (a) The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41CFR, Part 1-20) , whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (b) The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of its duly authorized representatives shall, until expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41CFR, Part 1-20) whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $2 , 500 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 52.223-6 DRUG-FREE WORKPLACE. (JUL 1990) (a) Definitions. As used in this clause, "Controlled substance" means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C.812) and as further defined in regulation at 21 CFR 1308. 11-1308. 15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. AGREEMENT NO. DTFA14-91-Z-R1269 "Drug-free workplace" means a site for the performance of work done by the Contractor in connection with a specific contract at which employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a contractor directly engaged in the performance of work under. a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor. (b) The Contractor, if other than an individual, shall-within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration) or as soon as possible for contracts less than 30 calendar days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an on going drug-free awareness program to inform such employees about- (i) The dangers of drug abuse in the workplace; (ii) The contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b) (1) of this clause; (4) Notify such employees in writing in the statement required by subparagraph (b) (1) of this clause, that as a condition of continued employment on this contract, the employee will- (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) days after such conviction. r AGREEMENT NO. DTFA14-91-Z-R1269 (5) Notify the contracting officer in writing within ten (10) days after receiving notice under subdivision (a) (4) (ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subparagraph (b) (4) of this clause of a conviction, take one or more of the following actions with respect to any employee who is convicted of a drug abuse violations occurring in the workplace; (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b) (1) through (b) (6) of this clause. (c) The Contractor, if an individual , agrees by award of the contract or acceptance of a purchase order, not to engage in the • unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (b) and (c) of this clause may, pursuant to FAR 23.506 suspension of contract, payments, termination of the contract for default, and suspension or debarment. 52.233-1 (Alt 1) CONTRACTS DISPUTES ACT This contract is subject to the Contract Disputes Act of 1978 (41 USC 601-613) (the Act) . (a) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (b) (i) "Claim" as sued in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. AGREEMENT NO. DTFA14-91-Z-R1269 However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50, 000 is not a claim under the Act until certified as required by subparagraph (d) (2) below. A voucher, invoice or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (c) (1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) For Contractor claims of more than $50, 000, the Contractor shall submit with the claim, a certification that- (i) The claim is made in good faith; (ii) The supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable. (3) (i) If the Contractor is an individual the certification shall be executed by that individual. (ii) If the Contractor is not an individual, the certification shall be executed by- A. A senior company official in charge at the Contractor plant or location involved; or B. An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (d) For Contractor claims of $50, 000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor claims in excess of $50,000, the Contracting Officer must, within 60 days decide the claim or notify the Contractor of the date when the decision will be made. (e) The Contracting Officer's. decision shall be final unless the Contractor appeals or files a suit as provided in the Act. AGREEMENT NO. DTFA14-91-Z-R1269 (f) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (properly certified, if required) , or (2) the date payment would otherwise would be due, if that date is later until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (g) The Contractor shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal, or action arising under the Contract and comply with any decision of the Contracting Officer. 1GG03 WORK SCHEDULE The Contractor shall, within 15 calendar days from date of contract award, furnish to the Contracting Officer, in triplicate, a work schedule showing the major phases of the work to be started and completed. This schedule shall show undated weekly progress covering total time specified herein for contract performance time. After approval by the Contracting Officer, one signed copy will be returned to the Contractor. The Notice to Proceed will not normally be issued until after the Contractor's work schedule is approved. Circumstances may occasionally require a Notice to Proceed prior to approval of the work schedule; however, no payment will be made until the schedule is received and approved. Any work to be performed on Saturdays, Sundays, or federal holidays must have prior approval by the Contracting Officer. The work progress charts will be updated each time the contractor submits a request for payment or upon a periodic estimate by the FAA Technical Representative. 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. (End of clause) I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 OFFICIALS NOT TO BENEFIT. (APR 1984) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (SEP 1990) T 1 AGREEMENT NO. DTFA14-91-Z-R1269 52.209-6 . PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (MAY 1989) 52.212-6 .TIME EXTENSIONS (APR 1984) 52-212-12 SUSPENSION OF WORK (APR 1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR 1984) 52.215-2 AUDIT--NEGOTIATION. (DEC 1989) 52.215-22 PRICE REDUCTION- FOR DEFECTIVE COST OR PRICING DATA. (JAN 1991) 52.215-23. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA MODIFICATIONS. (JAN 1991) -*52.215-24 SUBCONTRACTOR COST OR PRICING DATA. (APR 1985) *52.215-25 SUBCONTRACTOR COST OR PRICING DATA - MODIFICATIONS. (APR 1984) 52.216-4. ECONOMIC PRICE ADJUSTMENT--LABOR AND MATERIAL. (APR 1984) *52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (FEB 1990) *52.219-.13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES. (AUG 1986) *52.222-3 CONVICT LABOR. (APR 1984) *52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION. (MAR 1986) *52.222-6 DAVIS-BACON ACT (FEB 1988) *52.222-7 WITHHOLDING OF FUNDS (FEB 1988) *52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988) *5.2.222-9 APPRENTICES AND TRAINEES (FEB 1988) *52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) . *52.222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988) 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988) *52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988) *52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) *52.222-26 EQUAL OPPORTUNITY. (APR 1984) *52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION. (APR 1984) *52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (APR 1984) *52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS. (APR 1984) *52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS. (APR 1984) *52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA. (JAN 1988) *52.223-2 CLEAN AIR AND WATER ACT (APR 1984) *52.225-13 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS. (MAY 1989) 52.229-4 FEDERAL, STATE AND LOCAL TAXES (NONCOMPETITIVE CONTRACT) (JAN 1991) 52.233-3 PROTEST AFTER AWARD. (AUG 1989) *52.236-2 DIFFERING SITE CONDITIONS. (APR 1984) *52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984) *52.236-7 PERMITS AND RESPONSIBILITIES. (APR 1984) . AGREEMENT NO. DTFA14-91-Z-R1269 52.236-8 OTHER CONTRACTS. (APR 1984) *52.236-13 ACCIDENT PREVENTION. (APR 1984) - ALTERNATE I. (APR 1984) 52.243-4 CHANGES. (AUG 1987) *52.244-1 : SUBCONTRACTS UNDER FIXED-PRICE CONTRACTS. (JAN 1986) *52.2445 COMPETITION IN SUBCONTRACTING. (APR 1984) 52.249-2 - TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 1984) 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) . (APR 1984) * * * II. TRANSPORTATION ACQUISITION REGULATION (48 CFR CHAPTER 12) CLAUSES 1252.222-71 STRIKES OR PICKETING AFFECTING THE TIMELY COMPLETION OF THE CONTRACT WORK. (APR 1984) * NOTE WELL: While the actual work required by this contract will be solicited and contracted for by the City of Elgin, at least a portion of the work envisioned will be paid for with Federal funds; therefore, As a result of this funding the City of Elgin will be required to include the Federal Acquisition Regulation clauses asterisked above in any and all subcontracts awarded for this project. ARTICLE IX ATTACHMENT BEGINNING NO. TITLE/DESCRIPTION PAGE NO. 163-170 1 U. S. DEPARTMENT OF LABOR GENERAL WAGE DECISION NO. IL91-11 KANE COUNTY HEAVY AND HIGHWAY CONSTRUCTION AGREEMENT NO. DTFA14-91-Z-R1269 ARTICLE X -- Representations and Certifications I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) SOLICITATION PROVISIONS 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES. (APR 1984) 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR 1985) (a) The offeror certifies that-- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory-- (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above; or (2) (i) Has been authorized in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above. (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization. ) AGREEMENT NO. DTFA14-91-Z-R1269 (ii) As an authorized agent, does certify that the principals named in subdivision (b) (2) (i) above have not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above. (c) If the offeror deletes or modifies subparagraph (a) (2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of provision) 52.203-4 CONTINGENT FEE REPRESENTATION AND AGREEMENT. (APR 1984) (a) Representation. The offeror represents that, except for full-time bona fide employees working solely for the offeror, the offeror-- Note: The offeror must check the appropriate boxes. For interpretation of the representation, including the term "bona fide employee, " see Subpart 3 .4 of the Federal Acquisition Regulation. (1) / / has, / / has not employed or retained any person or company to solicit or obtain this contract; and (2) / / has, / / has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) Agreement. The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a) (1) or (a) (2) is answered affirmatively, to promptly submit to the Contracting Officer-- (1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119) ; or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation. . AGREEMENT NO. DTFA14-91-Z-R1269 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (SEP 1990) (a) The Government, at its election, may reduce the price of a fixed-price-type contract or contract modification and the total cost and fee under a cost-type contract or contract modification by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or his or her designee, determines that there was a violation of subsection 27 (a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423) , as implemented in the FAR. In the case of a contract modification, the fee subject to reduction is the fee specified in the particular contract modification at the time of execution, except as provided in subparagraph (b) (5) of this clause. (b) The price or fee reduction referred to in paragraph (a) of this clause shall be-- . (1) For cost-plus-fixed-fee contract, the amount of the fee specified in the contract at the time of award; (2) For cost-plus-incentive-fee contract, the target fee specified in the contract at the time of award notwithstanding any minimum fee or "fee floor" specified in the contract. (3) For cost-plus-award-fee contracts- (i) The base fee established in the contract at the time of contract award; (ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point. (4) For fixed-price-incentive contracts, the Government may- (i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price. AGREEMENT NO. DTFA14-91-Z-R1269 (5) For firm-fixed-price contracts or contract modifications, by 10 percent of .the initial contract price; 10 percent of the contract modification price; or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award or modification. (c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced. (d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract. 52.203-8 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY. (SEP 1990) - ALTERNATE I. (SEP 1990) (a) Definitions. The definitions set forth in FAR 3 . 104-4 are hereby incorporated in this provision. (b) Certifications. As required in paragraph (c) of this provision, the officer or employee responsible for this offer shall execute the following certification: Certificate of Procurement Integrity (1) I, (Name of certifier) , am the officer or employee responsible for the preparation of this offer or bid and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certificate, I have no information concerning a violation or possible violation of subsection 27 (a) , (d) or (f) of the Office of Federal Procurement Policy Act, as amended* (41 U.S.C. 423) (hereinafter referred to as "the Act") , as implemented in the FAR, occurring during the conduct of this procurement (solicitation number) . (2) As required by subsection 27 (e) (1) (B) of the Act, I further certify that, to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of (Name of offeror) who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with, and will comply with, the requirement of this subsection 27 (a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of the Act, as implemented in the FAR, pertaining to this procurement. AGREEMENT NO. DTFA14-91-Z-R1269 (3) Violations or possible violations: (Continue on plain bond paper if necessary and label Certificate of Procurement Integrity (Continuation Sheet) , ENTER NONE IF NONE EXISTS) (4) I agree that, if awarded a contract under this solicitation, the certification required by subsection 27 (e) (1) (B) of the Act shall be maintained in accordance with paragraph (f) of this provision. (Signature of the Officer or Employee (Date) Responsible for the Offer) (Typed Name of the Officer or Employee Responsible for the Offer) *The Act became effective on December 1, 1990. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. (End of certification) (c) For procurements, including contract modifications, in excess of $100,000 made using procedures other than sealed bidding, the signed certifications shall abe submitted by the successful Offeror to the Contracting Officer within the time period specified by the Contracting Officer when requesting the certificates except as provided in subparagraphs (c) (1) through (c) (5) of this clause. In no event shall the certificate be submitted subsequent to award of a contract or execution of a contract modification: (1) For letter contracts, other unpriced contracts, or unpriced contract modifications, whether or not the unpriced contract or modification contains a maximum or not to exceed price, the signed certifications shall be submitted prior to the award of the letter contract, unpriced contract, or unpriced contract modification, and - prior to the definitization of the letter contract or the establishment of the price of the unpriced contract or unpriced contract modification. The second certification shall apply only to the period between award of the letter contact and execution of the document definitizing the letter contract, or award of the unpriced contract or unpriced contract modification and execution of the document establishing the definitive price of such unpriced contract or unpriced contract modification. AGREEMENT NO. DTFA14-91-Z-R1269 (2) For basic ordering agreements, prior to the execution of a priced order; prior to the execution of an unpriced order, whether or not the unpriced order contains a maximum or not to exceed price; and, prior to establishing the price of an unpriced order. The second certificate to be submitted for unpriced orders shall apply to the period between award of the unpriced order and execution of the document establishing the definitive price for such order. (3) A certificate is not required for indefinite delivery contracts (see subpart 16. 5) unless the total estimated value of all orders eventually to be placed under the contract is expected to exceed $100, 000. (4) For contracts and contract modifications which include options, a certificate is required when the aggregate value of the contract or contract modification and all options (see 3 .104-4(e) ) exceeds $100, 000. (5) For purposes of contracts entered into under section 8 (a) of the SBA, the business entity with whom the SBA contracts, and not the SBA, shall be required to comply with the certification requirements of subsection 27 (e) . The SBA shall obtain the signed certificate from the business entity and forward the certificate to the Contracting Officer prior to the award of a contract to the SBA. (6) Failure of an Offeror to submit the signed certificate within the time prescribed by the Contracting Officer shall cause the offer to be rejected. (d) Pursuant to FAR 3. 104-9 (d) , the Offeror may be requested to execute additional certifications at the request of the Government. Failure of an offeror to submit the additional certifications shall cause its offer to be rejected. (e) A certification containing a disclosure of a violation or possible violation will not necessarily result in the withholding of an award under this solicitation. However, the Government, after evaluation of the disclosure, may cancel this procurement or take any other appropriate actions in the interest of the Government, such as disqualification of the Offeror. (f) In making the certification in subparagraph (b) (2) of the of the certificate, the officer or employee of the competing contractor responsible for the offer may rely upon a one-time certification from each individual required to submit a certification to the competing contractor, supplemented by periodic training. These certifications shall be maintained by the Contractor for 6 years from the date a certifying employee's employment with the company ends or, for an agent, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor. AGREEMENT NO. DTFA14-91-Z-R1269 (g) Certifications under paragraphs (b) and (d) of this provision are a material representation of fact upon which reliance will be placed in awarding a contract. (End of provision) *52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION. (NOV 1990) (a) Definitions. The definitions set forth in FAR 3. 104-4 are hereby incorporated in this clause. (b) The Contractor agrees that it will execute the certification set forth in paragraph (c) of this clause when requested by the Contracting Officer in connection with the execution of any modification of this contract. (c) Certification. As required in paragraph (b) of this clause, the officer or employee responsible for the modification proposal shall execute the following certification: CERTIFICATE OF PROCUREMENT INTEGRITY - MODIFICATION (NOV 1990) (1) I, (Name of certifier) , am the officer or employee responsible for the preparation of this modification proposal and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certification, I have no information concerning a violation or possible violation of subsection 27 (a) , (b) , (d) , or (f) of the Office of Federal Procurement Policy Act, as amended* (41 U.S.C. 423) , (hereinafter referred to as "the Act") , as implemented in the FAR, occurring during the conduct of this procurement (contract and modification number) . (2) As required by subsection 27 (e) (1) (B) of the Act, I further certify to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of (Name of offeror) who has participated personally and substantially in the preparation or submission of this proposal has certified that he or she is familiar with, and will comply with, the requirements of subsection 27 (a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsection 27 (a) , (b) , (c) , (d) , or (f) of the Act, as implemented in the FAR, pertaining to this procurement. AGREEMENT NO. DTFA14-91-Z-R1269 (3) Violations or possible violations: (Continue on. plain bond paper. if necessary and label Certificate of Procurement Integrity - Modification (Continuation Sheet) , enter NONE if none exists) (Signature of the Officer or Employee (Date) Responsible for the Modification Proposal) (Typed Name of the Officer or Employee Responsible for the Modification Proposal) *Subsections 27 (a) , (b) , and (d) are effective on December 1, 1990. Subsection 27 (f) is effective on June 1, 1991. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. (End of certification) (d) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing Contractor responsible for the offer or bid, may rely upon a one-time certification from each individual required to submit a certification of the competing Contractor, supplemented by periodic training. These certifications shall be obtained at the earliest possible date after an individual required to certify begins employment or begins association with the contractor. If a contractor decides to rely on a certification executed prior to suspension of section 27 (ie; prior to December 1, 1989) , the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for a period of 6 years from the date a certifying employee's employment with the company ends or, for an agency, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the contractor. (e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing this modification. AGREEMENT NO. DTFA14-91-Z-R1269 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT AND OTHER RESPONSIBILITY MATTERS. (MAY 1989) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that-- (i) The Offeror and/or any of its Principals-- (A) Are ( ) are not ( ). presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. (B) Have ( ) have not ( ) , within a 3-year period preceding this offer, been convicted of or have had civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statues relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a) (1) (i) (B) of this provision. (ii) The Offeror has ( ) has not ( ) , within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals, " for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g. , general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions) . THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF FALSE, FICTITIOUS OR FRAUDU- LENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITES STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. AGREEMENT NO. DTFA14-91-Z-R1269 (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification shall be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 52.209-8 ORGANIZATIONAL CONFLICTS OF INTEREST CERTIFICATE-- ADVISORY AND ASSISTANCE SERVICES. (OCT 1990) (a) Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance of advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. (b) In order to comply with the Office of Federal Procurement Policy Letter 89-1, Conflict of Interest Policies Applicable to Consultants, an offeror notified that it is the apparent successful offeror, shall provide the certificate described in paragraph (c) of this provision. (c) The certificate must contain the following: (1) Name of the agency and the number of the solicitation in question. (2) The name, address, telephone number, and federal taxpayer identification number of the apparent successful offeror. (3) A description of the nature of the services rendered by or to be rendered on the instant contract. AGREEMENT NO. DTFA14-91-Z-R1269 (4) The name, address, telephone number of the client or client(s) , a description of the service rendered to the previous client(s) , and the name of a responsible officer or employee of the offeror who is knowledgeable about the services rendered to each client, if in the 12* months preceding the date of the certification, services were rendered to the Government or any other client (including a foreign government or person) respecting the same subject matter of the instant solicitation, or directly relating to such subject matter. The agency and contract number under which the services were rendered must also be included, if applicable. (5) A statement that the person who signs the certificate has made inquiry and that, to the best of his or her knowledge and belief, no actual or potential conflict of interest or unfair competitive advantage exists with respect to the advisory and assistance services to be provided in connection with the instant contract, or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the contract in question has been communicated in writing to the Contracting Officer or his or her representatives. (6) The signature, name, employer's name, address, and telephone number of the person who signed the certificate. (d) Persons required to certify but who fail to do so may be determined to be nonresponsible. Misrepresentation of any fact may result in suspension or debarment, as well as penalties associated with false certifications or such other provisions provided for by law or regulation. (End of provision) 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION. (APR 1984) ALTERNATE II. (APR 1984) (a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. . AGREEMENT NO. DTFA14-91-Z-R1269 (b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated" , "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved",, "acceptable", "satisfactory", or words of like import shall mean "approved by", or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated. (c) Where "as shown" , "as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place", that is "furnished and installed". (d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e. , form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below. (f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. AGREEMENT NO. DTFA14-91-Z-R1269 (g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted. (h) This clause shall be included in all subcontracts at any tier. (End of clause) 52.214-2 TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING. (JUL 1987) The bidder, by checking the applicable box, represents that-- (a) It operates as / / a corporation incorporated under the laws of the State of , / / an individual, / / a partnership, / / a nonprofit organization, or / / a joint venture; or (b) If the bidder is a foreign entity, it operates as / / an individual, / / a partnership, / / a nonprofit organization, / / a joint venture, or / / a corporation, registered for business in country (End of provision) *52.219-1 SMALL BUSINESS CONCERN REPRESENTATION. (FEB 1990) (a) Representation. The offeror represents and certifies as part of its offer that it / / is, / / is not a small business concern and that / / all, / / not all end items to be furnished will be manufactured-or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands. (b) Definition. Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. . • AGREEMENT NO. DTFA14-91-Z-R1269 (c) Notice. Under 15 U.S.C. 645 (d) , any person who misrepresents a firms's status as a small business concern in paragraph (a) of this clause in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8 (a) , 8 (b) , 9, or 15 of. the Small Business Act or any other provision of Federal law that specifically references section 8 (d) for a definition of program eligibility, . shall (1) be punished by imposition of a fine, imprisonment, or both; (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the authority of the Act. (End of provision) *52.219-1 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM. (DEC 1988) - ALTERNATE I. (DEC 1988) (a) Definition. "Emerging small business", as used in this solicitation, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the standard industrial classification code assigned to a contracting opportunity. (b) (Complete only if Offeror has certified itself under the clause at FAR 52. 219-1 as a small business concern under the size standards of this solicitation. ) The Offeror represents and certifies as part of its offer that it is, is not an emerging small business. (c) (Complete only if the Offeror is a small business or an emerging small business, indicating its size range. ) Offeror's number of employees for the past twelve months or Offeror's average annual gross revenue for the last three fiscal years. (Check one of the following. ) No. of Employees 50 or fewer 51 - 100 101 - 250 251 - 500 501 - 750 751 - 1,000 _ over 1,000 Average annual gross revenues $1 million or less $1,000, 001 - $2 million $2, 000, 001 - $3.5 million $3,500,001 - $5 million $5, 000, 001 - $10 million $10,000,001 - $17 million Over 17 million (End of provision) *52.219-2 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION. (FEB 1990) (a) Representation. The offeror represents that it / / is, / / is not a small disadvantaged business concern. AGREEMENT NO. DTFA14-91-Z-R1269 (b) Definitions. Asian-Pacific American, as used in this provision, means a United States citizen whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands (Republic of Palau) , the Northern Mariana Islands, Laos, Kampuchea (Cambodia) , Taiwan, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall Islands, or the Federated States of Micronesia. Indian tribe, as used in this provision, means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native Corporation as defined in 13 CFR 124 . 100 which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians, or which is recognized as such by the State in which such tribe, band, nation, group, or community resides. Native Americans, as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians. Native Hawaiian Organizations, as used in this provision, means any community service organization serving Native Hawaiians in, and charted as a not-for-profit organization by, the State of Hawaii, which is controlled by Native Hawaiians, and whose business activities will principally benefit such Native Hawaiians. Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121. Small disadvantaged business concern, as used in this provision, means a small business concern that (a) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and (b) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one of these entities which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR 124. • AGREEMENT NO. DTFA14-91-Z-R1269 Subcontinent Asian American, as used in this provision, means a United States citizen whose origins are in India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal. (c) Qualified groups. The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Americans, and other individuals found to be qualified by SBA under 13 CFR 124 . The offeror shall presume that socially and economically disadvantaged entities also include Indian tribes and Native Hawaiian Organizations. (End of provision) *52.219-3 WOMEN-OWNED SMALL BUSINESS REPRESENTATION. (APR 1984) (a) Representation. The offeror represents that it / / is, / / is not a women-owned small business concern. (b) Definitions. "Small business concern, " as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121. "Women-owned, " as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (End of provision) *52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (APR 1984) The offeror represents that-- (a) It / / has, / / has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It / / has, / / has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) • AGREEMENT NO. DTFA14-91-Z-R1269 *52.223-5 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE. (MARCH 1989) (a) Definitions. As used in this provision, "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation 21 CFR 1308.11 - 1308. 15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statutes" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. "Drug-free workplace" means a site for the performance of work done in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor. (b) By submission of its offer, the offeror, if other than an individual, who is making an offer that equals or exceeds $25, 000, certifies and agrees, that with respect to all employees of the offeror to be employed under a contract resulting from this solicitation, it will- (1) Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a drug-free awareness program to inform such employees about - (i) The dangers of drug abuse in the workplace; (ii) The Contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and AGREEMENT NO. DTFA14-91-Z-R1269 (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b) (1) of this provision; (4) Notify such employees in the statement required by subparagraph (b) (1) of this provision, that as a condition of continued employment on the contract resulting from this solicitation, the employee will - (i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Notify the contracting officer within ten (10) days after receiving notice under the subdivision (b) (4) (ii) of this provision, from an employee or otherwise receiving actual notice of such conviction; and (6) Within 30 days after receiving notice under subparagraph (b) (4) (ii) of this provision of a conviction, impose the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace; (i) Take appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b) (1) through (b) (6) of this provision. (c) By submission of its offer, the offeror, if an individual who is making an offer to any dollar value, certifies and agrees that the offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation. (d) Failure of the offeror to provide the certification required by paragraph (b) or (c) of this provision, renders the offeror unqualified and ineligible for award. (See FAR 9. 104-1(g) and 19.602- 1(a) (2) (i) • ) AGREEMENT NO. DTFA14-91-Z-R1269 (e) In addition to other remedies available to the Government, the certification in paragraphs (b) and (c) of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. (End of Clause) GENERAL CERTIFICATION The City of Elgin hereby assures and certifies that, with respect to this agreement, and by acceptance and execution, it will comply with all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project, including but not limited to the following: Federal Legislation a. Federal Aviation Act of 1958-49USC 1301, et seq. b. Hatch Act-5USC 1501, et seq. c. National Historic Preservation Act of 1966-Section 106, 16USC470(f) . d. Archeological and Historic Preservation Act of 1974- 16USC469 thru 469 (c) . e. Flood Disaster Protection Act of 1973-Section 102 (a) 42USC 4012a. f. Rehabilitation Act of 1973-29USC794 . g. Civil Rights Act of 1964-Title VI- 42USC2000d thru d-4. h. Age Discrimination Act of 1975-42USC6101 et seq. i. National Environmental Policy Act of 1969-42USC 4321 et seq. j . Endangered Species Act - 16USC668 (a) et seq. k. Single Audit Act of 1984-31USC7501 et seq. Executive Orders a. Executive Order 12372 - Intergovernmental Review of Federal Programs. b. Executive Order 11246 - Equal Employment Opportunity. Federal Regulations a. 49 CFR Part 18 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. 49 CFR Part 21 Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 . AGREEMENT NO. DTFA14-91-Z-R1269 c. 49 CFR Part 23 Participation by Minority Business Enterprise in Department of Transportation Programs. d. 49 CFR Part 27 Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. e. 49 CFR Part 29 Debarments, Suspensions and Voluntary Exclusions. f. 49 CFR Part 30 Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to US Contractors. g. 29 CFR Part 1 Procedures for Predetermination of Wage Rates. h. 29 CFR Part 3 Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from the U.S. i. 29 CFR Part 5 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. • j . 41 CFR Part 60 Office of Federal Contract Compliance Programs. Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted Contracting Requirements) Office of Management and Budget Circulars A-128 Audits of State and Local Governments Copies of applicable portions of the documents indicated above may be procured from the Contracting officer. The FAA and the CITY agree to the provisions of this agreement, as indicated by the signatures of their duly authorized officers. CITY OF ELGIN FEDERAL AVIATION ADMINISTRATION By By Title: Title: Date: Date: U.S. Department of Labor ATTACHMENT NO. 1 TO MEMORANDUM OF AGREEMENT NO. `ct DTFA14-91-Z-R1269 GENERAL WAGE DECISION N0 . IL91-11 Supersedes General Wage Decision No. IL90- 11 State: Illinois County( ies ) : BOONE, DEKALB, DUPAGE , KANE , KENDALL, LAKE , MCHENRY AND WILL Construction Type: Heavy & Highway Construction Description: Heavy and Highway Projects Modification Record: No. Publication Date Peoe Nc . (s) 1 June 7 , 1991 =� • 163 VOL II U.S. Department of Labor IL91-11 Basic Fringe Hourly Benefits Rates *CARPENTERS: PILEDRIVERMEN: Boone County 16 . 62 5. 79 DeKalb Co. 18 .64 3 . 77 Dupage & Lake Co 20.95 4 . 38 Kane, McHenry, Kendall (N. of Hwy 52) 19 . 90 4 .02 Kendall (S. of HWy 52) 19 . 90 4 .06 Will Co. 21 .20 5. 67 *CEMENT MASONS: Boone Co. 17 .97 4 . 90 DeKalb. Kane ( S . part ) , and Kendall Cos . 21 .22 4 . 79 DuPage Co. 19 . 30 5. 88 ' Kane (North part) , McHenry 20. 15 3 . 86 Lake Co. 19 . 55 4 . 40 Will Co. 19 .60 6 . 35 *ELECTRICIANS : Boone & DeKalb (Except Sandwich Twp) 21 .50 1 . 60+ 10.5% DeKalb (Sandwich Twp) , Kane (Aurora, Sugar Grove, Big Rock. Kaneville, • Blackberry, Batavia, Geneva Twps & City of St Charles) & Kendall Cos 21 . 25 21 . 5% Dupage Co. 21 . 88 36% Kane (Remainder ) & McHenry Cos 22. 50 27 . 5% Lake Co. 22 .00 33% Will Co. 21 . 75 5 .03+ 3 . 4% *IRONWORKERS: Boone. Dekalo ( Except S . E . ) , McHenry (N .W) Cos 20.00 6 . 225 DeKalb (Remainder ) , DuPage (Except Argonne & Vic. ) , Kane, Kendall (N. ) . McHenry (S. E . part) Cos 21 . 17 9. 11 DuPage (Argonne & Vic. ) . Kendall (S . Part) . Grundy & Will Cos 20.05 7 .00 Lake & McHenry (Hebron. Woodstock & East thereof ) Cos Reinforcing & Structural 20.27 9. 58 Ornamental 21 . 11 6. 59 Fence Erectors 21 . 15 6.42 Metal Fence Erectors 15.94 5 . 29 Sheeter 20. 52 9. 58 *LABORERS: DeKalb Co. : Group 1 13.67 6.40 Group 2 13.92 6.40 DuPage. Lake & Will Cos: • Group 1 17.25 3.07 Group 2 17. 325 3.07 Group 3 17.40 3.07 • Group 4 17 .525 3.07 Group 5 18.25 3.07 SEWER AND TUNNEL: Group 1 17.25 3.07 • VO1. II 164 (June 7 , 1991 ) U.S. Department of Labor <1*0> IL91- 11 Group 2 17 . 375 3.07 Group 3 17 . 475 3.07 Group 4 17 .60 3 .07 Group 5 18 . 25 3 .07 Boone, Kane, Kendall & McHenry: Group 1 17 . 25 3 .07 Group 2 17 . 30 3 .07 Group 3 17 . 35 3 .07 Group 4 17 . 40 3 .07 Group 5 17 . 50 3 .07 Group 6 17 . 60 3 .07 Group 7 17 . 75 3 .07 Group 8 15 . 45 3 .07 Group 9 • 1E . 45 3 .07 *LINE CONSTRUCTION : Boone, DeKa1b, DuPaoe, Kane Lake & McHenry Cos : Lineman 2;•. 65 1 . 254 ;3 .E;;-a Equip. Operator .7 . 49 1 . 25- '2 . 5`,:-a Grounoman Truck Driver 3 . 72 1 . 25- 13 . -a Grounoman - . 15 1 . 25w EV.-a Will Co: Lineman. Equipment Operator ':9 . 90 21 . 05;; Groundman 14 . 90 21 .05% *PAINTERS: Boone. Co: Brush; Roller 16 . 65 4 . 22 Sandblasting 1.7 . 65 4 . 22 Spray 17 . 20 4 .22 Dekalb. DuPage , Kane, Kendall & McHenry Cos: Brush; Spray, Sandblasting 20. 20 2 . 83 Lake: Brush 20. 20 3.00 Will : Industrial (all work) 19 . 00 3 .40 . *POWER EQUIPMENT OPERATORS: DuPage, Kane, Kendall , Lake, McHenry and Will Counties: Group 1 21 . 50 6. 10 Group 2 20. 95 6. 10 Group 3 19 . 80 6. 10 - Group 4 18 .40 6. 10 Group 5 1' . 20 6. 10 *Boone and DeKalb Counties: Group 1 21 . 50 6. 10 Group 2 20. 95 6. 10 Group 3 19.80 6. 10 Group 4 . 18.40 6. 10 - Group 5 . • 17.20 6. 10 TRAFFIC SAFETY WORKERS: Encompasses the installation and servicing of • ) traffic safety devices during periods of highway construction. including such work as the set-up and maintenance of barricades, . . drums. cones, delineators, signs, and other such items, as well as the layout and application of temporary tape used to Vol. II 165 (June 7 . 1991 ) U.S. Department of Labor • IL91- 11 control traffic in construction zones . 12. 79 1 . 10 TRUCK DRIVERS: Boone Co: 2-3 Axles 14 .98 5 .75 4 Axles 15. 13 5 . 75 5 Axles 15 . 33 5 . 75 6 Axles 15 . 53 5 .75 Remaining Counties : 2-3 Axles 18 . 10 b 4 Axles 18 . 25 b 5 Axles 18 .45 b 6 Axles 18 . 65 b • CLASSIFICATION DESCRIPTIONS LABORERS : DeKalb County: Group 1 : Common Laborer ; Carpenter Tender; Tool Cribrnan; Fireman or Salamander Tender; Flagman; Gravel Box Men, Dumpmen & Spotters; For handlers; Material handlers; Fencing laborers; Cleaning lumber; Pit men; Landscaper; Unloading explosives; Laying of sod; Planting of trees: Removal of trees; Asphalt workers with machine & layers; Asphalt plant Laborers; Wrecking; Fireproofing; Driving of stake: Stringlines for all machinery; Window cleaning Group 2: Handling of materials harmful to skin or clothing; Track laborer ; Cement handler; Chloride handler; Unloading & laborers with steel workers & re-bars ; Concrete workers, wet ; Tunnel tenders in free air; Batch dumper; Mason tender; Kettle & tar men; Tank cleaner ; Plastic installer; Scaffold worker; Motorized buggies or motorized unit used for wet concrete or handling of building materials: Laborers with de-watering systems; Sewer workers plus depth; Vibrator operators ; Cement silica, clay. fly ash, Lime & plasters, Handlers (bulk or bag) ; Cofferdam workers plus depth; Concrete paving, placing, cutting & tying of reinforcing; Deck hand dredge hand and shore laborers ; Bankmen on floating plant ; Grade checker; Power tools; Front end man on chip spreader; Caisson worke plus depth; Gunnite nozzle .man; , leadman on sewer work; Welders, cutters , burners & torchmen; Chainsaw operator; Jackhammer & drill operator; Layout man and/or tile layer: Steel form setter; Air tamping hammermen; Signal man on crane; Concrete saw; Screenman on asphalt paver; Tending masons with hot material or where foreign materials are used; Mortar miter operator; Multiple concrete duct - leadman; Luteman; Asphalt raker; Curb asphalt machine operator; Ready mix scaleman. permanent. portable or temporary plant; Laborer handling masterplate or similar materials; Laser beam operator; Concrete burning machine operator; Coring machine Operator; Plaster tender; Underpinning and shoring of buildings; Pump men; Manhole an catch basin; Dirt & stone tamper; Hose men on concrete pump. • LABORERS: Boone, McHenry. Kane, & Kendall Counties Group 1 : Common laborer, Asphalt laborer, Asphalt plant laborer, Stripping laborer. Clipper type concrete saw, self- propelled saws • Vol. II .,^ U.S. Department of Labor IL91-11 • Group 2 : Air Tampers & Vibrators Group 3: Mortar & Concrete mixers Group 4 : Stringline & form setter; Torchman (demolition) , Sheeting & cribbing, Black top rakers & lutemen. Machine screwmen Group 5: Chain saw man, Jackhammer man, Drillman, Concrete breakers & air space, Dynamite handlers (helpers) Group 6: Tunnel Laborers, Tile Layers & Bottom Men Group 7: Caisson Diggers, Dynamiters Group 8: Flagman Group 9: Asbestos Abatement Laborers. Toxic & Hazardous Waste Removal Laborers & Dosimeter use (any device) Monitoring Nuclear Exposure LABORERS: Dupage, Lake & k'ii ' Counties : Group 1 : Construction; Tenders; Material Expeditor (Asphalt Plant) ; Street Paving, Grade Seperation, Sidewalk, Curb & Gutter. Strippers & 411 laborers nct otherwise mentioned Group 2: Asphalt Tampers & Smothers; Cement Gun Group 3: Cement Gun Nozzle (Laborers) Gunite Group 4 : Rakers & Lutemen; Machine-Screwmen; Kettlemen; Mixermen; Drum-Men; Jackhammermen (Asphalt ) ; Paintmen; Mitre Box Spreaders; Laborers on Birch. Overmen & Similar Spreader Equipment; Laborers on Apsco; Laborers on Air Compressors; Paving Form Setters; Jackhammermen (Concrete) ; Power Driven Concrete Saws; Other Power Equipment Group 5: Asbestos Abatement Laborers. Toxic & Hazardous Waste Removal Laborers & Dosimeter use (any device) Monitoring Nuclear Exposure SEWER AND TUNNEL WORK: Group 1 : Top Laborers, Signalmen and all laborers not otherwise mentioned Group 2: Concrete laborers; steel setters Group 3: Cement carriers; Cement mixers; Concrete repairmen; Mortarmen; Scaffold men; and Second bottom men Group 4: Air track drill operations; Bottom men; Bracers-bracing; Bricklayer's tender; Catch basin digger; Drainlayer; Dynamiter; Form men; Jackhammermen; Pipelayers; Rodders; Welders & Burners; Well point system men Group 5: Asbestos Abatement Laborers. Toxic & Hazardous Waste Removal Laborers & Dosimeter use (any device) Monitoring Nuclear Exposure POWER EQUIPMENT OPERATORS: Group 1 : Asphalt plant; Asphalt heater & planer combination; Asphalt spreader; Auto-grader; Belt loader; Caisson rigs; Car dumper; Central Redi-mix plant; Combination backhoe front end loader 1 yd & over; Concrete breaker truck mounted; Concrete conveyor; Concrete paver over 27E cu ft; Concrete placer; Concrete tube float; Cranes. all attachments; Cranes. Hammerhead. Linden. Peco & similar; Creter crane; Derricks; Derrick boats; Derricks. traveling; Dredges; Field mechanic-welder; Formless curb & gutter machine; Gradall & similar; Grader. elevating; Motor grader. motor patrol , auto patrol , form Vol. II 167 +w • U.S. Department of Labor IL91-11 -` grader, pull grader. subgrader; Guard rail post driver truck mounted; Roto mill grinder; Slip form paver; Soil test drill rig truck mounted; Stradle Buggy; Hydraulic telescoping form (tunnel ) ; .Tractor drawn belt loader with or without attach. Pusher; Tractor with boom; Raised or blind hole (tunnel shaft ) drill ; Underground boring and/or mining machines under 5 ft; Wheel excavator; Widener (Apsco) Group 2: Batch plants; Bituminous mixer; Bobcats over 3/4 cu yds ; Boiler & throttle valve; Bulldozers; Car loader trailing conveyors; Combination backhoe front end loader machine under 1 cu yd; Compressor & throttle valve; Concrete breaker or hydroharnmer; Concrete grinding machine; Concrete mixer or paver 75 series to & inclu. 27 cu ft ; Concrete spreader; Concrete curing machine; Burlap machine; Belting machine & sealing machine; Finishing machine, . concrete; Greaser engineer; Highlift shovels or front-end loaders ; Hoist - sewer dragging machine; Hydraulic boom trucks, all attachments; Locomotives, Dinky; Pumperetes, squeeze cretes - screw type pumps, gypsum bulker & pump; Roller, asphalt; Rotary snow. plows; Rototiller. Seaman, etc. self-propelled; Scoops, tractor drawn; Self-propelled compactor spreader - chip -stone, etc; Scraper - prime mover in tandem (add $1/hr each machine attached) Tank car heater; Tractors, push, pulling sheeps foot , disc, compactor, etc. Tug boats. Group 3: Boilers; Brooms , all power propelled; Cement supply tender ; Concrete mixer (2 bags & over) ; Conveyor, portable; Farm-type tractors used for mowing, seeding, etc; Firemen on boilers; Forklift trucks; Grouting machine; Hoists, automatic; Hoists, all elevators; Hoists, tugger single drum; Jeep diggers; Pipe jacking machine; Post hole digger; Power saw, concrete; Pug mills; Rollers, other than asphalt; Steam generators; Stone crushers; Stump machine; Winch trucks with "A" frame; Work boats . tamper-form-motor driven Group 4: Air compressor; Asphalt spreader backend man; Combination - small equipment operator; Generators; Heaters, mechanical.; Light plants ( 1 through 5) ; pumps over 3" ( 1 to 3 not to exceed a total of 300 ft) ; Pumps, well points; Tractaire; Welding machines (2 through 5) ; Winches, 4-small electric drill winches; Bobcats 3/4 cu yd and under Group 5: Oilers FOOTNOTES: a. Paid Holidays: Memorial Day; Independence- Day; Labor Day; Thanksgiving Day; b. $146.00 per week c. Paid Holidays: New Years Day. Memorial Day, Independence Day. Labor Day, Thanksgiving Day & Christmas Day. One year's service - one week paid vacation; two or more years of service - two weeks paid vacation UNLISTED CLASSIFICATIONS NEEDED FOR WORK NOT INCLUDED WITHIN THE SCOPE OF THE CLASSIFICATIONS LISTED MAY BE ADDED AFTER AWARD ONLY AS PROVIDED IN THE LABOR STANDARDS CONTRACT CLAUSES (29 CFR, 5.5 (a)( 1 )( 11 ) Vol. II 168 f Elmn (!) Memorandum CONFIDENTIAL February 13, 1991 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Status Report on Shales Property Purchase/ FAA Acquisition at Farm Colony Property As part of the development of the Farm Colony Industrial Park, the City is in the process of purchasing (with reim- bursement by the Elgin Development Corporation) a five acre site along the east edge of Shales Parkway for our water tower and IDOT salt storage facility. We hope the closing involving all parties can be held within the next 30 days so as to clear the Farm Colony site from any encumbrances . Fortunately, this move does not affect the FAA TRACON center relocation to the northeast 15 acres of the Farm Colo- ny Park. The Corporation and FAA have now approved the trans- action for the FAA move-in, and hope to make an announcement next week assuming the concurrence of the City Council under the following scenario: 1) The Corporation will subdivide the Farm Colony Industrial Park under GI zoning subject to to spe- cial ORI conditions . 2 ) The FAA will enter into a contract with the City to pay the City $1 . 5 million for the construction of roadways and utilities to the site. 3) The City will enter into a contract with the Corpo- ration for reimbursement to the City of any costs in excess of the FAA contribution. The City will also enter into a contract with Kane County Highway Department for an approximately 50/50 sharing of the Bowes Road arterial (estimated $300, 000) . 4 ) The Corporation will donate 15 acres at the north- east corner of the industrial park to the FAA. Mayor and Members of the City Council February 13 , 1991 Page 2 The above process is intended to insure the FAA that it is not "purchasing" the property, while at the same time en- abling the Corporation to receive $100, 000 per acre for its "contribution" toward the improvement of the total industrial park. The City' s role in all of this is to be the coordinating agency to the FAA, the County, and the Corporation - as well as provide the interim financing to accomplish the move. The City will be reimbursed in full for its costs for the improve- ment . As previously discussed, the FAA intends to construct a $95 million TRACON center at the site within the coming four years, employing more than 250 people. The Corporation is excited about the opportunity to bring in these new jobs as well as provide front-end financing for the industrial park development . RECOMMENDATION The Council is asked to approve the City serving as the contracting agent and coordinator for the development of the Farm Colony Industrial Park. Lar . Rice, City Manager LLR:amp MEMORANDUM OF UNDERSTANDING BETWEEN ELGIN DEVELOPMENT CORPORATION AND THE UNI'TIa STATES OF AMERICA, REPRESENTED BY THE FEDERAL AVIATION ADMINISTRATION This document is executed this day of February, 1991 , by and between the Elgin Development Corporation, an Illinois not- for-profit corporation (EDC) and the Federal Aviation Administration, on behalf of United States of America (FAA) . WHEREAS, the FAA has a need for approximately 15 acres of real estate for the construction, operation and maintenance of an Air Traffic Control Facility (hereinafter Facility) ; and, WHEREAS, the EDC owns real estate located on McLean Blvd. , in Elgin, Illinois , commonly known as the Farm Colony Property and that the location of the Facility on a portion of the Farm Colony Property will advance the purpose of the EDC and the EDC is willing to donate the land to the FAA for the sole use of the Facility upon the terms and conditions hereinafter set forth; and, WHEREAS, it has been determined that the donation to, and acceptance by, the FAA of approximately 15 acres of land from the EDC is in the best interests of both parties hereto; and, WHEREAS, both the FAA and EDC have the authority and intention to perform the acts and agreements set forth in this Agreement; THEREFORE, the parties agree as follows : 1 . The FAA shall identify and cause to be prepared a survey and legal description of the approximately 15 acres of land (exclusive of rights of way) located in the Northeast corner of the EDC' s Farm Colony Property upon which the FAA proposes to construct its facility (this parcel shall herein and hereafter be referred to as the "Donated Land" ) . Notwithstanding anything to the contrary, the EDC shall have 10 days after receipt of the aforesaid survey and legal description of the Donated Land to approve the location and description of the land identified therein. 2 . Acquisition of the Donated Land by the FAA is subject to the satisfactory completion of all Federal environmental requirements. After the Donated Land has been identified by the FAA and accepted by the EDC pursuant to the provisions of paragraph 1 of this Memorandum, the FAA will undertake, with all possible diligence the obligations of instituting and pursuing the steps necessary and required to comply fully with the applicable environmental regulations and policy. 3 . After satisfaction or waiver of the contingencies set forth in paragraph 7 of this Memorandum and upon the written direction of the FAA, it is the intention of the EDC to convey the Donated Land to the FAA, subject to all of the terms and conditions of this Memorandum. The conveyance by the EDC shall be by Trustee ' s Deed for the Donated Land, naming the United States of America (at the instance of the Federal Aviation Administration) as grantee, expressly subject to the following: A. Covenants, conditions and restrictions of record (other than any existing mortgage of the EDC or its assigns, which shall be released prior to delivery of the Trustee ' s Deed) ; B. Restrictions and design standards included in the ORI exhibit attached hereto as Exhibit "1" and incorporated herein by reference, unless the ORI restrictions and design standards have already been made a part of the covenants , conditions and restrictions of record; and C. Compliance by the FAA with all terms and conditions of this Memorandum. The parties expressly agree that all terms and conditions of this Memorandum and all subsequent modifications or amendments thereto shall survive the delivery of the Trustee' s Deed and shall not merge into the Trustee ' s Deed. The FAA shall be solely responsible for all recording, surveying and title searches and related costs (except taxes, which do not apply to the Government) applicable to the recording and transfer of the Donated Land. 4 . The FAA agrees that the Facility shall be of sound and substantial construction and that the office portion of the Facility shall be of brick veneer or such other building material as the EDC shall approve in writing. The FAA further agrees that any perimeter fencing of the Facility shall be substantially similar to the fencing identified in Exhibit "2" . The FAA agrees that during the design and construction of the Facility, it will seek input from the EDC on the finish and the aesthetics of the Facility so as 2 to provide a finished Facility that will blend with the future development plans of the EDC for the Farm Colony Property. 5 . The FAA shall grant a 15 foot permanent easement for public utilities and services around the perimeter of the Donated Land, as the EDC shall request and direct, except, however, that the FAA shall grant up to a 30 foot perimeter easement for public utilities and services along the East property line of the Donated Land, if requested. 6 . Upon acceptance of a Trustee ' s Deed for the Donated Land, naming the United States of America, at the instance of the Federal Aviation Administration, as grantee, it is the intention of the FAA to contemporaneously enter into a reimbursable agreement with the City of Elgin, incorporating the terms set forth below: A. The EDC agrees to provide the FAA with access to and from the Donated Land for the Facility by an access road and will, as well , provide for the extension of sanitary sewer, storm sewer and water service up to the lot line of the Donated Land. In addition, the EDC will be responsible for the payment of costs , if any, associated with the extension of electrical power, natural gas and telephone utilities up to the lot line. Said requirements will be more fully identified in the reimbursable agreement intended to be entered into between the FAA and the City of Elgin (hereinafter referred to as the "Contract" ) , the terms of which shall be subject to approval by the EDC, prior to execution of the Contract. B. Pursuant to the terms of the Contract referred to above, the FAA shall reimburse the City of Elgin up to the sum of One Million Five Hundred Thousand and no/100 Dollars ( $1 , 500 , 000 . 00) for roadway construction and utility installation to ( and from) the boundary of the Donated Land. Subject to the terms of the Contract, the City of Elgin, or its designated agent, shall bill, on a monthly basis, or otherwise as the Contract may require, the FAA for reimbursement for the costs and expenses related to the aforesaid expenses of roadway construction and extension of utilities to the boundary of the Donated Land, up to the monetary limit set forth above. The FAA shall make, or cause to be made, prompt payment thereon. 3 7 . The intent of the EDC under this Memorandum is expressly contingent upon each of the following: A. Approval by the EDC of the locations and legal description of the Donated Land; B. Approval of EDC' s intent under this Memorandum by School District U-46 ; C. Waiver and release of obligations under existing mortgage and loan agreements between the EDC and First Illinois Valley Bank, formally known as Valley Bank and Trust Company. D. Prior written approval by the Board of Directors of the EDC of all terms and conditions of the proposed Contract, as referred to above, between the City of Elgin and the FAA for reimbursement for construction of roadways and extension of utilities to the site boundary as delineated above, herein. E. The contract or joint venture agreement between the EDC and the City of Elgin for the construction of the off-site improvements , including (without limitation) the roadways and utilities required to serve the facility. 8 . The terms and conditions set out in this Memorandum reflect the intention of each of the parties to effect the transfer of the donated property and to enter into a reimbursable agreement for services. It is understood that this Memorandum may be modified upon the agreement of both parties and terminated by either party (for any reason) , prior to the acceptance of the Trustee' s Deed by the FAA. 9 . All notices provided for herein, if not delivered in person, shall be sent by United States Certified Mail, Return Receipt Requested, to: FAA - Mr. Stephen McMahon Mr . Rick Murphy Federal Aviation Administration Real Estate and Utilities Branch, AGL-56 2300 East Devon Avenue Des Plaines, Illinois 60018 4 1 EDC - Mr . Delvin W. Johnston, President Elgin Development Corporation C/O Elgin Area Chamber of Commerce 24 East Chicago Street Elgin, Illinois 60120 and Mr. Edward Kelly, Secretary Elgin Development Corporation C/O Elgin Area Chamber of Commerce 24 East Chicago Street Elgin, Illinois 60120 Notices , elections and waivers shall be deemed given on the date of actual receipt if delivered in person or if mailed, on the third calendar day. 10. The EDC makes no warranties or representations of any kind regarding the Donated Land, including without limitation, matters involving zoning, soil conditions, the location and existence of utilities, public improvements , private or public easements or the suitability of the Donated Land for the intended use by the FAA. The FAA agrees that it is not relying upon any statement, information or representation concerning the Donated Land by the EDC in entering into this Memorandum. ELGIN DEVELOPMENT CORPORATION BY: ATTEST: FEDERAL AVIATION ADMINISTRATION BY: �.(�. 1/ /G rp 1 ,.s A--^c/` C-- ATTEST: Cc�LtL C_iAt9e-% 5 I • i Approx. i i pc " [.. s_ i Wetland�i Boundary I n 73 i Area : Area : t21ac. - -- N 3 sc. a Bowes Road ti a > j 'u m I �' 10 r, i b m m �' s iic i \ i �. .---- Bowes Road _1 �- - - I- I FAA Proposal Farm Colony Property Option 1 Drawing Prepared by Civil Design Group for Burnidge, Cassell Associates