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HomeMy WebLinkAboutCedar Valley Corp. Inc-7/22/2013CONTRACT FOR IMPROVEMENTS TO THE WATERLOO REGIONAL AIRPORT CONSISTING OF TAXIWAY "B" REHABILITATION AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP PROJECT NO. 3-19-0094-42 THIS AGREEMENT, made and entered into this day of -LA ,2013, by and between the Waterloo Regional Airport for the City of Waterloo, B ack Hawk oun , Iowa, hereinafter referred to as the "Owner" and Cedar Valley Corp., LLC (a Limited Liability Company organized and existing under the laws of the State of Iowa ), hereinafter referred to as the "Contractor." WITNESSETH: That the Contractor for and in consideration of ($ 592.527.40 ), based on the unit bid prices payable as set forth in the Specifications constituting a part of this Contract, hereby agrees to construct in accordance with the Plans, Specifications and Special Provisions therefore, an in the location designated on the the various items of work awarded said Contractor on the '� day of 2013, as follows, being numbered Bid Items 1 thru 33 as shown in schedule of prices bid irf the affached Proposal which is a part of this Contract. Said Specifications and Plans are hereby made a part of and the basis of this Agreement and a true copy of said Plans and Specifications is now with the Waterloo Regional Airport in the office of the Director of Aviation, Waterloo, Iowa, under date of May 13 , 2013. 1. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly and according to the requirements of the Specifications, the amounts set forth, subject to the conditions as set forth in the Specifications. 2. That it is understood that the parties named herein are the only persons interested in this Contract and principals. 3. That the Contractor has examined the site of the proposed work, Plans, Specifications, Special Provisions and Contract Documents in order that he might become familiar with the character, quality and quantity of the work to be performed, the materials to be furnished and the requirements of the Specifications, Special Provisions and Contract Documents. 4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" as the same are listed and described in Paragraph 1.02 of the Special Provisions, Waterloo Regional Airport, FAA Project No. 3-19-0094-42 and said "Contract Documents" are hereby made a part of this agreement as fully as if set out at length herein, and that this contract is limited to the items in the proposal as signed by the "Contractor" and included in the "Contract Documents." 5. That in the event any surety upon any bond furnished in connection with this Contract becomes unacceptable to the Owner, or if any such surety shall fail to furnish reports as to his financial condition from time to time as requested by the Owner, the Contractor agrees to furnish promptly such additional security as may be required from time to time to protect the interests of the Owner or of persons supplying labor or materials in the prosecution of the work contemplated by the Contract. FAA AIP # 3-19-0094-42 C-1 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" 6. That the Contractor shall not commence any work to be performed under this Contract until he has obtained from responsible insurance companies, all insurance required, as set forth in the General Provisions and that the Contractor shall maintain this insurance in full force and effect until the work to be performed under this Contract has been accepted by the Owner. 7. That the Contractor shall not start working on any alterations requiring a supplemental agreement until the agreement setting forth the adjusted price shall be executed by the Owner and the Contractor. 8. That the Contractor, at all times, shall observe and comply with all federal, state, territory or possession and local laws, codes, ordinances and regulations in any manner affecting the conduct of the work, and the Contractor and his surety shall indemnify and save harmless the Owner and all his officers, Engineer, agents and servants against claims or liability arising from or based on the violation of any such law, ordinance, deregulation, order or decree, whether by himself or his employees. 9. That it is further understood and agreed by the parties to this Contract that the above work shall be commenced within 10 days after "Notice to Proceed" is issued and shall be completed according to the terms of the entire contract within ninety (90) calendar days and that the time of commencing and completion of said work is the essence of this Contract. 10. The Contractor and Owner understand and agree that time is of essence for completion of the Work and that the Owner will suffer additional expense and financial loss if said work is not completed within the authorized Contract Time. Furthermore, the Contractor and Owner recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the Contractor expressly agrees to pay the Owner as liquidated damages the non -penal sum of $500.00 per day for each calendar day required in excess of the authorized Contract Time. Furthermore, the Contractor understands and agrees that: a. the Owner has the right to deduct from any moneys due the Contractor, the amount of said liquidated damages; b. the Owner has the right to recover the amount of said liquidated damages from the Contractor, Surety, or both. 11. The Contractor understands and agrees that all certifications made by the Contractor within the Proposal shall apply under this Agreement as if fully rewritten herein. The Contractor further certifies the following: a. Certification of Eligibility (29 CFR Part 5.5) (1) By Entering into this contract, the Contractor certifies that neither he or she nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1); (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1); (3) The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S.C. b. Certification of Non -Segregated Facilities (41 CFR Part 60-1.8) The federally -assisted construction Contractor, certifies that it does not maintain or provide, for its employees, any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The Bidder certifies that it will not maintain or provide, for its employees, segregated facilities at any of its establishments and that it will not permit its employees to perform their services FAA AIP # 3-19-0094-42 C-2 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" at any location under its control where segregated facilities are maintained. The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity Clause, which is to be incorporated in the contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The Bidder agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that it will retain such certifications in its files. 12. It is further understood that any action in court against the Contractor or sureties on his bond because of damage to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the Specifications, or on account of the failure of said Contractor to fully comply with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 13. Second Party shall maintain all work done hereunder in good order for a period of 12 months from and after the date it is accepted by the Waterloo Regional Airport, City of Waterloo, Iowa, which maintenance shall be without expense to First Party or the abutting property. In the event of the failure or default of Second Party to remedy any or all defects appearing in said work within a period of 12 months from the date of its acceptance by said Board and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said City, addressed to said Contractor at the address herein given, then First Party may proceed to remedy such defects and the cost and expenses thereof may be recovered from said Second Party and the sureties on its bond by action brought in any court of competent jurisdiction, but such suit may be brought in the District Court of Black Hawk County, Iowa. FAA AIP # 3-19-0094-42 C-3 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" IN WITNESS WHEREOF, the parties hereto have set their ha . s for the purpose herein expressed to this and three other instruments of like tenor, as of theday • 1 / 2013. ATTES�; tel' W itneks ,)a) /1/11. (1 7 Secretary 0,/ Witness ifY OF WATERLOO ByAa Mayor CONTRACTOR Cedar Valley Corp., LLC 2637 Wagner Road, Waterloo, Iowa 50703 Firm Name Signature Title Business Address FAA AIP # 3-19-0094-42 C-4 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" PROPOSAL FORM FOR IMPROVEMENTS TO THE WATERLOO REGIONAL AIRPORT CONSISTING OF REHABILITATION OF TAXIWAY "B" AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP PROJECT NO. 3-19-0094-42 Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Gentlemen: 1. The undersigned hereby certifies that he has examined the Form of Contract, Plans, and Specifications for the Construction of Improvements to the Waterloo Regional Airport consisting of Rehabilitation of Taxiway "B" at the Waterloo Regional Airport, Waterloo, Iowa, FM AIP Project No. 3-19-0094-42, and has examined the site of the work and is familiar with local conditions pertaining to the work. 2. The extent of the work involved in the Rehabilitation of Taxiway B includes the removal of the existing pavement, placement of approximately 4,825 square yards of 13 -inch Portland cement concrete pavement, crushed aggregate base course, subdraln, replacement of the taxiway edge lighting system, pavement marking and an other Incidental work associated with this project. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. 3. The undersigned, in compliance with your Invitation for Bids dated /4,20/3 , hereby proposes to do the work called for in said Contract and Specifications and shown n said Plans and Addendum Nos. 1 and to furnish all materials, tools, labor and all appliances and appurtenances necessary for the said work at the following rates and prices: ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: REHABILITATION OF TAXIWAY "B" FAA AIP PROJECT NOS. 3-19-0094-42 BASE BID Item Spec. Estimated Unit Total No. No. Description Unit Quantity Bid Price Bid Price 1 P-100-4.1 Mobilization and Demobilization LS 1.0 $ (,,,:r7 'r—)3— $ c"... —7 •,..0 2 GP 50-06 Construction Survey LS 1.0 $ -i, N'''.0 $ 3 o -y :UJ 3 P-102-5.1 Pavement Removal SY 4,925.0 $ r'A i.%) $ < << <` 2 ' 4 P-102-5.2 Pavement Milling SY 100.0 $ ( '5 L/-) $ `� i.l, FM AIP # 3-19-0094-42 P-1 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" ADDENDUM HO. 1 Item Spec. Estimated Unit Total No. No. Description Unit Quantity Bid Price Bid Price 5 P-102-5.3 Taxiway Edge Light Removal EA 17.0 $ I % S $ - Pi` 6 P -102-5A Guidance Sign Removal EA 6.0 $ `- $ (f c -r ri> 7 P-152-4.1 Unclassified Excavation CY 1,575.0 $ 9 - $ 1 rt' ` i j 8 P-156-5.1 Inlet Protection EA 5.0 $ 1 - $ (,'2-5 9 P-156-5.2 Inlet Protection Removal EA 5.0 $ ?' - $ N- 10 P-156-5.3 Wood Excelsior Mat SY 3,050.0 $ 1 $ 4‘‘A-7 -- 11 P-209-5.1 6 -Inch Crushed Aggregate Base Course SY 5,000.0 $ 9 - $ ` 1\ LiLia _ 12 P-401-8.1 Asphalt Transition Pavement TON 12.0 $ $ - r 13 P-501-8.1 13 -Inch Portland Cement Concrete SY 4,825.0 $ 51 t L $ ) ( Si1 Pavement 14 P-620-5.1 Runway and Taxiway Marking SF 1,075.0 $ 3 $ j 2 (Yellow -Reflective -Waterborne) 7g. 15 P-620-5.2 Runway and Taxiway Marking SF 2,290.0 $ = $ j (j Z (Black -Waterborne) 2 Id 16 P-620-5.3 Surface Applied Thermoplastic SF 310.0 $ $ �� 1►:1,{ � Holding Position Sign e 17 P-620-5.4 Temporary Runway and Taxiway SF 1,075.0 $ '1f $ )` 63 1 Marking (Waterborne) 18 D-705-5.1 6 -Inch Perforated Subdrain Pipe LF 1,652.0 $ ? 7- $ ®; 144 19 D-705-5.2 Subdrain Cleanout EA 4.0 $ oro' $ 1, -s-46 20 T-901-5.1 Seeding and Mulching ACRE 0.6 $ '` .c.) - $ '1, 91'33 21 T-901-5.2 Stabilizing Crop ACRE 0.6 $ h - $ �t.) - 22 T-905-5.1 Topsoil -Obtained Offsite CY 230.0 $ 2 $ cs ,"`T, 23 L-108-5.1 No. 8 AWG L -824C Cable, Installed LF 17,600.0 $ 1 ' L $ 'i ? �'.) In Duct Bank or Conduit 19,3b0.00 24 L-108-5.2 No. 6 AWG Bare Copper LF 2,170.0 $ l $ ' (--x.14 Counterpoise, Installed in Trench, Including Ground Rods and Ground Connectors 25 L-110-5.1 2 -Inch Schedule 40 PVC Electrical LF 2,170.0 $ ` $ �(C(-i Conduit installed in Trench FAA AIP # 3-19-0094-42 P-2 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" Item Spec. No. No. Description 26 L-110-5.2 4 -Way, 2 -Inch Concrete Encased Duct Bank 27 28 Estimated Unit Quantity LF L-115-5.1 Electrical Handhole EA L-125-5.1 29 L-125-5.2 L-125-5.3 L-125-5.4 L-125-5.4 L-125-5.4 30 31 32 33 L-861T(L) Taxiway Edge Light- EA LED on New L-867 Light Base L-861T(L) Taxiway Edge Light - LED on Existing Light Base Remove Existing Taxiway Edge Light - Install Blank Cover Plate Airfield Guidance Sign, Size 1, LED, 1 (One) Module ADDENDUM NO 1 Unit Bid Price 70.0 $ Total Bid Price $ 2 3k 2.0 $ Lt(c.l I) 6 $ ,, 16.0 $ qLk) — $ i Cc- (Q.A4 — EA 88.0 $ ,595 $ j5,.,0 EA 6.0 $ EA 1.0 $ 7-4 '1C° $ 4' JJ Airfield Guidance Sign, Size 1, LED, 2 (Two) Module EA 2.0 $ S`r $ r 4`.lJ Airfield Guidance Sign, Size 1, LED, 3 (Three) Module EA 3.0 $ 'f- f % � $ r< ? %'�?i TOTAL BASE BID $ ' >ja r 77a $592,527.40 4. The undersigned understands that the above quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating the bids. All quantities are subject to increase or decrease and are to be performed at the unit prices stipulated herein. 5. It is understood that the schedule of minimum wage rates, as established by the Secretary of Labor and included in the Specifications, are to govem on this project, and the undersigned certifies that he has examined this schedule of wage rates and that the prices bid are based on such established wage rates. 6. The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract eight (8.0%) percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. The apparent successful competitor will be required to submit information conceming the DBE's that will participate in the contract. The information will include the name and address of each DBE, a description of the work to be performed by each named firrn, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. In the event that the apparent successful competitor for this solicitation qualified as a DBE, the contract goal shall be deemed to have been met. A bid that fails to meet these requirements will be considered nonresponsive. 7. The undersigned certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking Tots, drinking fountains, recreation or entertainment areas, transportation, and FAA AIP # 3-19-0094-42 P-3 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or any other reason. The undersigned agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. 8. The undersigned agrees, upon written notice of the acceptance of this bid, within sixty (60) days after the opening of the bids, that he will execute the Contract in accordance with the bid as accepted and give Contract (Performance and Payment) bond on attached forms within fifteen (15) days after the prescribed forms are presented for signature. 9. The undersigned understands, award of contract is contingent upon receipt of project funding from the Federal Aviation Administration. If funding is not received, bid bonds will be returned to all bidders and the project will be postponed. 10. The undersigned further agrees that if awarded the Contract, he will commence the work within ten (10) calendar days after the receipt of a "Notice to Proceed" and that he will substantially complete all work according to the terms of the entire contract within ninety (90) calendar days from the date established in the Notice to Proceed. An extension of time may be allowed when extra or additional work is ordered by the Engineer. 11. The undersigned agrees that within 30 days after award of this contract, the Contractor/Subcontractor shall file a compliance report (Standard Form 100) if s/he has not submitted a complete compliance report within 12 months proceeding the date of award. This report is required if the Contractor/Subcontractor meets all of the following conditions: a. Contractors/Subcontractors are not exempt based on 41 CFR 60-1,5. b. Has 50 or more employees. c. Is a prime contractor or first tier subcontractor. d. There is a contract, subcontract, or purchase order amounting to $50,000 or more. 12. To satisfy Clear Air and Water Pollution Control Requirements on all Construction Contracts and Subcontracts exceeding $100,000.00 Contractors and Subcontractors agree: a. That any facility to be used in the performance of the Contract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 306 of the Clean Air Act (42 USC 1857(h)), and Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Regulations (40 CFR Part (15)). c. That as a condition for award of a Contract he shall notify the awarding official of the receipt of any communication from EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include or cause to be included in any Contract or Subcontract which exceeds $100,000.00 the aforementioned criteria and requirements. 13. The contractor, by submission of this offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States trade Representative (USTR); FAA AIP # 3-19-0094-42 P-4 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Govemment. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor leams that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. 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 this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America 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. 14. The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal. 15. As an evidence of good faith in submitting this Proposal, the undersigned encloses bid security in the amount of five (5) percent of the bid which, in case he refuses or fails to accept an award and to enter into a Contract and file the required bonds within the prescribed time, shall be forfeited to the Waterloo Regional Airport as liquidated damages. 16. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). 17. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Govemment contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). FAA AIP # 3-19-0094-42 P-5 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway `B' ` IDDFNDUM NO 18. The undersigned hereby declares that the only parties interested in this Proposal are named herein, that this Proposal is made without collusion with any other person, firm or corporation, that no member of the Council, Waterloo Regional Airport or agent of the City of Waterloo, Iowa, is directly or indirectly financially interested in this bid. 19. In submitting this bid, it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of sixty (60) days from the opening thereof. 20. Contractor certifies that all employees employed by Contractor or any subcontractor working on behalf of the Contractor are in compliance with the Immigration Reform Control Act of 1986 (IRCA) and indemnifies the Owner and holds harmless Owner for any violations of IRCA as a result of the Contractor's employees or his subcontractor's employees working on behalf of the Contractor on the Owner's project. 21. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant, the Contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities", in accordance with its instructions. c. The Undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $200,000 for each such failure. 22. BUY AMERICAN CERTIFICATE (Title 49 U.S.C. Chapter 501) As a condition of bid responsiveness, the bidder must how it intend to comply with the Buy American preferences established under Title 49 U.S.C. Section 50101. Bidder must complete the attached Buy American certification. If the bidder requests a permissible waiver to the Buy America requirements, the Bidder identified as with the successful bid must submit a formal waiver request and component cost calculation within the prescribed time identified on the Buy America certification. 23. Drug Free Work Place, Act of 1988. a. By submission of this 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—no later than 30 calendar days after contract award (unless a longer period is agreed to in writing, for contracts of 30 calendar days or more performance duration;) oras soon as possible for contracts of less than 30 calendar days performance duration, but in any case, by a date prior to when performance is expected to be completed— (1) Publish a statement notifying such employees that the unlawful manufacturer, 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 ongoing drug-free awareness program to inform such employees about— FAA AIP # 3-19-0094-42 P-6 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" (3) .ADDEMD_:M NO. 1 (a) The dangers of drug abuse in the workplace; (b) The Contractor's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph a.(1) of this provision; - (4) Notify such employees in writing in the statement required by subparagraph a.(1) of this provision that, as a condition of continued employment on the contract resulting from this solicitation, the employee will— (5) (a) Abide by the terms of the statement; and (b) 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 5 calendar days after such conviction; Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision a.(4) (b) of this provision, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; and (6) Within 30 calendar days after receiving notice under subdivision a.(4)(b) of this provision of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace; (7) (a) Take appropriate personnel action against such employee, up to and including termination; or (b) 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. Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs a.(1) through a.(6) of this provision. b. By submission of its offer, the offeror, if an individual who is making an offer of any dollar value, certifies and agrees that other 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. c. Failure of the offeror to provide the certification required by paragraphs a. or b. of this provision, renders the offeror unqualified and Ineligible for award. (See FAR 9.104-1(g) and 19.602-1a.(2Xa)J. d. In addition to other remedies available to the Government, the certification in paragraphs a. or b. 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. 24. Attachment to This Bid. The following documents are attached to and made a part of this Bid: a. Bid Guaranty in the form of a bid bond b. Non -Collusion Affidavit of Prime Bidder. c. Statement of Intent — Non -Discrimination and Equal Opportunity Statement. d. Buy American Certification Statement. e. Bidder's Information Sheet. FAA AIP # 3-19-0094-42 P-7 Waterloo Regional Airport AECOM Project #60180998 Rehabilitation of Taxiway "B" ADDENDUM NO. 1 f. Synopsis of Experience Record. (IDOT Certification may be substituted.) g. Completed DBE forms "Utilization Statement" and "Letter of Intent" 25. The Bidder shall indicate whether the bid is submitted by a/an: ❑ Individual, Sole Proprietorship O Partnership ❑ Corporation ❑ Joint -venture: all parties must Join -in and execute all documents Q Other Limited Liability Company Respectfully submitted, Bid BY Signature William C. Calderwood, Sr. Vice President Title 2637 Wagner Road Address Waterloo, Iowa 50703 (Include Zip Code) 319-235-9537 Telephone No. FAA AIP # 3-19-0094-42 P-8 Waterloo Regional Airport AECOM Protect #60180998 Rehabilitation of Taxiway "B" Bond No: 190026988 PERF9 RMANGE BCND,„: :KNOWALLIVIENAllYTHESPRE8.ENTS: 'That we, .. es PRINCIPAL, :also rOerred to as. CONTRACTOR, and PP.qrtY. Mutual inwtance.CottipanY :•• . " ed-StJ.RETY,ate. held and firmly tiouhd!urito WaterlOo•RegirelAlepoitt;-279.01jyftfgtibtf :14n0,Watffeci, Iowa 50703 as OWNER, lobe full sum et i Five fiundred.Nfirtehetive.theulariti Five Hurictreidtiventv Seven and; 401166 :••$•:69Z527...46.) for thepayment ofwhlch, well and tiblytO be, made, we bind ourselves, our 'heirs; moactitorsi Administrators, successoreerici assignsjoindyand severelly;: bYthesevresents: WHEREAStheabove-bound Principal has entered intee cOntradwith:thelQWNER dated. the....i„ . day of . .12013, for the Rehabilitation orratdway Bi (ncluding the realtyalai:hi existing p'aVemtifik placement of aPprOldritately 4;600.!*aquare. yards of :13 -inch Portland cement concrete pavement; crushed aggregate base toilette; subdrale; replacement of the IOW* edger. ILghtng 13y.thstretrpaVolheht.ertarldeig:thd:ait Other.inaldentel•Videlitteiatiatodvilth:this,proJeot,.. . . . NOW, THEREFORE,THEFEFOREi-Ithe-Oondfilone of thistobligatiCn. are such .thatff.The,abOYetcbrid..PRINCIPALShall faithfully antif011y -corn* with the terms and conditions Of said COhttaCk.InCtpCing;.,b0tipOtilinAeil-tO;:eny 01Agatfoni.Creetetfbyway of warranties and/or guatenteewfOr,:workrhandhip and warranty andiiitgclatariteeitiay eXtericlif9e4period: oftlrne beycnd. corn Motion ef: Said tontracti. and s uchalterriatieria or .additions may be rnatjeliereihor n the plans and:-SlietIff.t4tfOlia.; and:shell. Indemnify arid: •save ' the. OWNER. harmless against any olsiths for !using any forth of litaterial,:process,ternpOttition or anYthiriglivilich le patented, apdlIkeyileeIndertinifyandsavothepWNER.hermiese against alt tlelensfer dee:mdseby reason or any default or negligence, want of skill. Or:caretn the part Of :said PRINCIPAL:orAgenta.la and about the performance of Said contract, and Shalt Corp* Viith alt laws partaining to said work and Shall comply -with- and peffoin:griy.0014 all warranties and/or guarantees provided forin• said contact, therf-thissoblIgation-shalt be • Veild;:061ei*Iee of full force; and effect. PROVIDED, further than upon either -the default of the PRINCIPAL, or- the failure of :thOtaiOPRINOIrAk to promptly aed.eftiblentty wcisecuteseld Work, !Ratty respect; IrtacCefflanbamilththeContract Documents ; the above bound Sti RETY:Shali.alther remedythe oriefault:Of.the PRINCIPAL. or shall take charge of *Said:Mit A10 completethe contra4 at his own expense, PLISui.nt•td its: tide* fecelvirigi: howeve4 anybalance Of the • funds.: in"the.handeof saki: 0.WNER due uederiaid-coetiaot: Itahaftbe theclUtii• the.SURE7Y.ta*iiii:uniodivciPal.;Wice:4414:4.1ilegtolille.OWNFOrittilteteii.(101:1*i . . . . . . after receipt of a declaration of default of :the SURETY'S .election .either to remedy the:default oe defaults promptly or to perform the contract :prorePtlY,•:tinlebeing;cif::theiseeence. In Said notice of election, ' the i:SURETY : shall ilhfilPatP:tha -owon iwtsigii ;the remedy or perfonnancei011;bottithenCe,jand It ahallbeithodOty •settho§UROYie-giVeprOtrtOtnoticil6vOitii.igYittiOWNIEttliemedieteise.Opon Completion of (a) the remedy -and/or•coriebtronoleach.00euit (b) the ' remedy andlor acOeCtiori:efeadt itero!ofcenOemneil.Worki-(0).the furniatilrigief Oa/Omitted !tern: cif *ark and (d) the perforieenceolithebentra4 The SURETY shall not asSet.tolvency; Of its PRINdit*L as pstitlication; for • Its failbrelO:prOrnpili remedy the default or; defaults or in the event said :PRINCIPAL shalt or !del* the prosecution and.:i*npletIon ofeallVor.ltatiti said SUFtM7`? shall also fail to. act promptly as heroinaogye-pnividicOieti 0* OWN ER stialftauSeteil• (10) days notice such falliireto be given, both te.said:PRINCIPALand:so ggy:iand. at the expiration of seldtent10) days, tf said PRINCIPAL �r SURETY do not proceed promptly to. exetitte•stild: Contract, the OWNER shall have the:authority to ca0Se:sialdiWorkto bo dorie and Whartthe.earne is completed and tha:0.00itIOnisof estimated, the said PRINCIPAL and SURETY shall aN hereby- agreetO.payany excess jrr the cost of said w.oK ?boo.; tfie.iidicio price be Paid Oder said Contract (1ponceinpletiOnef:SaidCoritract pursuant to Its tentitilf ariyfta1dtrerelain due OmSeld COntraaltie.same shall -be paidte:aald PRINCIPAL end $.1.1RETY. 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Apgigspow .vpg.o.sLimpuvi-19p„g4prw 118-:ppg..N3NMO pies 11011,2q1c4.0. • 00105**114.,V.'N$49!4"-*Pkokir****0**q0 01A1APIIN.:;;PM*.1.4.110M1:•• .40:100:11464i PPdr.414.02000Lii.s tmoUtitiOimi**01.10001.06.i10;i1;10.,mtiPIBP0901*M010:1000411i141:t'0116 piP14-po8i•ki3gasi*f -Ailecittiob• aoueintui jahjnycApaqn Pue140401t1411,Ni50:0:04 04001;6.00 4111d.IONIII&PP. • •lie, mp60 wit le41. :S1N3§311c1.3SAH_LA43 NattirilYMON>1 ONOWINallAVd 9869Z0061. :0N puog .40474001.0 .010.1.M10340.H iieeit0.1•00#100161EA0OW. liodiIV:1PuPi6414461AiiiA Tho :0;sinv Wd . . . •• • • • ..e#0.1.104.163§:-4.uli0OulsjAiORP.E4blP6.*010cl:POg (r.)9Pc.15)A1P.ie:01.5:4eInP410)"*.1 luaunolsotu a3up.wpa49d fOsaa410qvuo.,i100.d.a0nwi apuaq-6utiiibaicesijOad.i06-1ain. j) 011i44001e.e4i Fitio8q1goin:09.xP Nit iebUici ele40049 441 fkiiitiaiBla0a.**) .aftnOxo;c4 At,i.o4pe ,ia6.0.6uppts .Ny60108.16. utighiasai apartioo tiOaajasal:01040:40 Act OPP:Jiclitiiiiooa. ati 0.0 ;11 tioq eqj (a) 104.1099!914uI 91r4e;468-04.0witIp.uddpupp ii0tis;04601:41,10 og.i.-wuPiOdolowpoJP.til. .1414.4eigt4o A00.0.4.040.04POW0.4:1P0ue.0411.1:10-101.0410. le,9.1,1 . . •ejnIeu8ia4340Ati i.iajla:.12.eilde *a .0004;0415010010€1(inaafiosaeci ei.ift-piiin4;041,!•041.1p:cniis 6iff Lit!S•sOil:tril OP 01 P40011 Aii0i0apuip.Octq eqo e6epazoqt u Aq. p0001sjetu..* 01: oto puo to Ido3 qoj (0) 0 Q. m -V 0 vior 'ate C O To L > d d� Toi RI d O m S oo C EI. *a O CO atlt > m O t Zv THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 6023607 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies°), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Crowner; Brian M. Deimerly; Cindy Bennett; Craig E. Hansen; Dione R. Young; Jay D. Freiermuth; Lacey Cramblit; Shirley S. Bartenhagen; Stacy Venn; Tim McCuiloh all of the city of West Des Moines, state of IA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of March , 2013 STATE OF WASHINGTON ss COUNTY OF KING On this 8th day of March 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. By: American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company Gregory W. Davenport, Assistant Secretary NOTARY pue.! c By: ia)a. KD Riley , NoPublic This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certifylhat the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 2013 By: d�4 David M. Carey,'Assistant Secretary LMS_12873_092012 92 of 250 OP ID: EC ACORb" �. -- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/02/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 515-309-6200 AHROLD FAY ROSENBERG, INC.515-309-6225 604 Locust St., Ste. 800 Des Moines, IA 50309-3713 Drew J. Ahrold CONTACT NAME: PHONE FAX (ANC. No. Est): INC, No): E-MAIL ADDRESS: PRODUCER JACKS -1 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Jackson Enterprises Corp. Cedar Valley Corp. Cedar Valley Corp., LLC 2637 Wagner Road Waterloo, IA 50703 INSURER A: Cincinnati Insurance Company 10677 INSURER B X INSURER C : CPP0894610 INSURER D : 12/01/13 INSURER E : $ INSURER F : DAMAGE TO RENTED PREMISES (Ea occurrence) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POUCY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) UMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR X CPP0894610 12/01/12 12/01/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 � CLAIMS -MADE MED EXP (Any one person) $ 5,000 X 50ft excl deleted PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY X PELT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Ben. $ 1,000,000 A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CPA0894610 12/01/12 12/01/13 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Peracddent) $ PROPERTY DAMAGE (Per accident) $ $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CPP0894610 12/01/12 12/01/13 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATIONWC AND EMPLOYERS' UABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC1918723 12/01/12 12/01/13 STATU- OTH- X TORY LIMIT$ ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) The City of Waterloo IA; the Waterloo Regional Airport and AECOM Technical Services, Inc are additional insured on the General Liability with regards to FAA Project #3-19-0094-42. CERTIFICATE HOLDER CANCELLATION WATER -1 Cityof Waterloo Bldg Inspection Dept. 715 Mulberry St. Waterloo, IA 50703 I��/ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE and,,,,,a4-- ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD