HomeMy WebLinkAboutK & W Electric-8/13/2012CONTRACT
FOR
IMPROVEMENTS TO THE WATERLOO REGIONAL AIRPORT
CONSISTING OF
REHABILITATE AIRFIELD VAULT
AT THE
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
FAA AIP PROJECT NO. 3-19-0094-40
THIS AGREEMENT, made and entered into this l.J day of 5 ,2012, by and between the
Waterloo Regional Airport for the City of Waterloo, Black Hawk Coun ' , Iowa, hereinafter referred to as the
"Owner" and K&W Electric, Inc. (a corporation 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 ($ 865,905.00 ), 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, and in.e location designated
.(:)_7-1e Plans, the various items of work awarded said Contractor on the 1, day of
%�. 2012, as follows, being numbered Bid Items 1 thru 6 as shown in schedule of prices bid in
the atthched 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 Ma v 7 , 2012.
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. 3-19-0094-40 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 fumished in connection with this Contract becomes
unacceptable to the Owner, or if any such surety shall fail to fumish reports as to his financial condition
from time to time as requested by the Owner, the Contractor agrees to fumish 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 # 3-19-0094-40 C-1 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitation Airfield Vault
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 two hundred seventy (270) 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
Govemment 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
Govemment 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 # 3-19-0094-40 C-2 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitation Airfield Vault
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 # 3-19-0094-40 C-3 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitation Airfield Vault
IN WITNESS WHEREOF, the parties hereto have settheirhan
three other instruments of like tenor, as of the [-qday of
s for the purpose herein expressed to this and
, 2012.
CITY OF WATERLOO
CONTRACTOR
K&W Electric, Inc.
By
VP
Firm Name
Signature
Title
1127 Lincoln Street, Cedar Falls, Iowa 50613
Business Address
itness I/1-719
Witness
FAA AIP # 3-19-0094-40 C-4 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitation Airfield Vault
ADDENDUM NO. 1
PROPOSAL FORM
FOR
IMPROVEMENTS TO THE WATERLOO REGIONAL AIRPORT
CONSISTING OF
REHABILITATE AIRFIELD VAULT
AT THE
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
FAA AIP PROJECT # 3-19-0094-40
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 Rehabilitate Airfield Vault
at the Waterloo Regional Airport, Waterloo, Iowa, FAA AIP Project No. 3-19-0094-40, 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 Rehabilitate Airfield Vault includes the demolition of the existing
airfield lighting vault and electrical, providing new service the airfield maintenance building and snow
removal and equipment storage, construction of new split face block airfield lighting vault with new constant
current regulators, new airfield lighting control system with units in airfield lighting vault and air traffic control
tower, fiber backbone for airfield lighting control communications, replacement of apron high mast lighting
system and replacement of surface painted runway hold position signs with thermoplastic surface applied
runway hold position signs and all 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 , hereby proposes
to do the work called for in said Contract and Specifications and shown on ai ans and Addendum Nos.
and to fumish all materials, tools, labor and all appliances and appurtenances necessary
for the said work at the following rates and prices:
FAA AIP # 3-19-0094-40
P-1 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitate Airfield Vault
ITEMIZED PROPOSAL
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
PROJECT: REHABILITATE AIRFIELD VAULT
FAA AIP PROJECT NOS. 3-19-0094-40
BASE BID
Item
No. Description Unit
1 Construction of Airport Lighting Vault LS
2 Installation of Airport Lighting Vault Equipment LS
3 Installation of Airport Lighting Control System LS 1
4 Demolition of Existing Airport Lighting Vault LS 1
5 Replace High Mast Lighting LS 1
6 Surface Applied Thermoplastic Holding SF
Position Sign
Estimated
Quanti
ADDENDUM NO. 1
Unit
Bid Price
Total
Bid Price
1 $ .21:111 $ .299,.7s-o'7o
1 $ /(2 'isoJ $ 11.2j41-0— o
$ 4.2,206— $ 42, i00 ate`
$ 3/, 750 $ 3 i
J
$ 1.3116Soc $ 31 656°
4,860 $ 36 $ ! 7-R t S
TOTAL BID
$ Al0 ; x'05
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. The bidder hereby provides the bid price breakout for the following items which are included in the lump
sum bid price for Installation of Airport Lighting Vault Equipment:
Constant Current Regulator R-3 — Runway 6-4 $ 8 '/O
co
Constant Current Regulator R-11 — Test Bench $ -SW
6. 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.
7. 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 seven and one-half (7_5%) 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 concerning 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 firm, 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.
c�G
8. The undersigned certifies that he does not maintain or provide for his employees any segregated facilities
FAA AIP # 3-19-0094-40 P-2 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitate Airfield Vault
ADDENDUM NO. 1
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 lots,
drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for
employees which are segregated by explicit directive or are in fact segregated on the basis of race, color,
religion, 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.
9. 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.
10. 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.
11. 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 two hundred seventy (270) 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.
12. The undersigned agrees that within 30 days after award of this contract, the Contractor/Subcontractor
shall file a compliance report (Standard Form 100) if slhe 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.
13. 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.
FAA AIP # 3-19-0094-40 P-3 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitate Airfield Vault
ADDENDUM NO. 1
d. To include or cause to be included in any Contract or Subcontract which exceeds $100,000.00 the
aforementioned criteria and requirements.
14. 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);
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 Government.
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 leams 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 Govemment.
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.
15. 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.
16. 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.
FAA AIP # 3-19-0094-40 P-4 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitate Airfield Vault
ADDENDUM NO. 1
17. 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).
18. 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),
19. 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.
20. 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.
21. 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 CIRCA) 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.
22. 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 Tess than $10,000 and not more than $200,000 for
each such failure.
23. 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.
24. 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
FAA Al P # 3-19-0094-40 P-5 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitate Airfield Vault
ADDENDUM NO. 1
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;) or as 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 on going drug-free awareness program to inform such employees about—
(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 --
(3)
(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;
(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.
(7) 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 19.602-1 a.(2)(a)].
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
FAA AIP # 3-19-0094-40 P-6 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitate Airfield Vault
ADDENDUM NO. 1
under title 18, United States Code, Section 1001.
25. Attachment to This Bid. The following documents are attached to and made a part of this Bid:11
a. Bid Guaranty in the form of R Sone(
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.
f. Synopsis of Experience Record. (IDOT Certification may be substituted.)
g. Completed DBE forms "Utilization Statement' and "Letter of Intent."
26. The Bidder shall indicate whether the bid is submitted by a/an:
❑ Individual, Sole Proprietorship
O Partnership
114 Corporation
❑ Joint -venture: all parties must join -in and execute all documents
O Other
Respectfully submitted,
Bidder
By
11P
Signature
Title
I a7 Li v,ec � +.
_ A+ddre
ss
(ledatr t'oatk ..57:413
(Include Zip Code)
311-2.77-D4/.5'
Telephone No.
FM AIP # 3-19-0094-40 P-7 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitate Airfield Vault
Bond #54-189727
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric , Inc . , as PRINCIPAL,
also referred to as CONTRACTOR, and United Fire & Casualty Company , as SURETY, are
held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo. Iowa 50703 as
OWNER, in the full sum of Eight Hundred Sixty Five Thousand Nine Hundred Five and no/100
Dollars ($865.905.00) for the payment of which, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, by these presents.
WHEREAS, thqabove-bgand Principal has entered into a contract with the OWNER dated the 1
day of . s \U - ) 7 T , 2012, for the Rehabilitate Airfield Vault, FAA Project No. 3-19-
0094-40, includine demolition of the existing airfield lighting vault and electrical, providing new
service the airflel maintenance building and snow removal and equipment storage, construction of
new split face block airfield lighting vault with new constant current regulators, new airfield lighting
control system with units in airfield lighting vault and air traffic control tower, fiber backbone for
airfield lighting control communications, replacement of apron high mast lighting system and
replacement of surface painted runway hold position signs with thermoplastic surface applied runway
hold position signs and all other incidental work associated with this project.
NOW, THEREFORE, the conditions of this obligation are such that If the above -bound PRINCIPAL shall
faithfully and fully comply with the terms and conditions of said contract, including, but not limited to, any
obligations created by way of warranties and/or guarantees for workmanship and materials which warranty
and/or guarantee may extend fora period of time beyond completion of said contract, and such altemations or
additions as may be made therein or in the plans and specifications, and shall indemnify and save the
OWNER harmless against any claims for using any form of material, process, composition or anything which Is
patented, and likewise indemnify and save the OWNER harmless against all ciairnsfor damages by reason or
any default or negligence, want of skill or care on the part of said PRINCIPAL or Agents in and about the
performance of said contract, and shalt comply with all laws pertaining to said work. and shall comply with and
perform any and all warranties and/or guarantees provided for in said contact, then this obligation shall be
void; otherwise of full force and effect
PROVIDED, further than upon either the default of the PRINCIPAL, or the failure of the said PRINCIPAL to
promptly and efficiently prosecute said Work, in any respect, in accordance with the Contract Documents, the
above bound SURETY shall either remedy the default of the PRINCIPAL or shall take charge of said Work and
complete the Contract at his own expense, pursuant to its terms, receiving, however, any balance ofthe funds
in the hands of said OWNER due under said contract.
It shall be the duty of the SURETY to give an unequivocal notice in writing to the OWNER within ten (10) days
after receipt of a declaration of default of the SURETY'S election either to remedy the default or defaults
promptly or to perform the contract promptly, time being of the essence. in said notice of election, the
SURETY shall indicate the date on which the remedy or performance will commence, and It shall be the duty
of the SURETY to give prompt notice in writing to the OWNER immediately upon completion of (a) the remedy
and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the
furnishings of each omitted item of work, and (d) the performance of the contract The SURETY shall not
asset solvency of Its PRINCIPAL as justification for its fallure to promptly remedy the default or defaults or
perform the contract.
In the event said PRINCIPAL shall fail or delay the prosecution and completion of said Work and said
SURETY shall also fail to act promptly as hereinabove provided, then the OWNER shall cause ten (10) days
notice of such failure to be given, both to said PRINCIPAL and SURETY, and at the expiration of said ten (10)
days, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract, the OWNER shall
have the authority to cause said Work to be done and when the same is completed and the cost thereof
estimated, the said PRINCIPAL and SURETY shall and hereby agree to pay any excess in the cost of said
Work above the agreed price to be paid under said Contract.
FM AIP # 3-19-0094-40 C-5 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitation Airfield Vault
Upon completion of said Contract pursuant to its terms, if any funds remain due on said Contract, the same
shall be paid to said PRINCIPAL and SURETY.
The saki PRINCIPAL and SURETY further agree as part of this obligation to pay all such damages of any kind
to person or property that may result from a failure in any respect to perform and complete said Contract
including, but not limited to, all repair and replacement costs necessary to rectify construction error,
architectural and engineering costs and fees, all (but not limited to) consultant fees, all testing and laboratory
fees, and all legal fees and litigation costs incurred by the OWNER.
The decision of the OWNER, upon any disputed question connected with the execution of said Contract, or
any failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY, shall be final and
conclusive.
The SURETY agrees that, other than as is provided in this bond, It may not demand of the OWNER the
OWNER shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render
any service, (3) famish any papers or documents, or (f) take any other action of any nature or description
which is not required of the OWNER to be done under the contract documents.
IN WITNESS WHEREOF, the SURETY and PRINCIPAL have executed this instrument under their several
seats this 9th day of July 2012, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
PRINCIPAL: R & W Electric, Inc.
By:
SURETY: United F re & Casualty Company
By: Scott Poppets, Attorney -In -Fact
NOTE: (a) Where the Performance Bond is executed by an attorney-in-fact, there shall be attached to
each copy of the Bond a certified copy of Power of Attorney properly executed and dated.
(b) Each copy of the Bond shall be countersigned by an authorized agent ofthe bonding company
licensed to do business in the State of Iowa. The title of the person countersigning the Bond
shall appear after his or her signature.
(c) The seal of the bonding company shall be attached to each copy of the bond.
(d) The Contractor's signature on the bond shall correspond with the signature in the contract.
(e) The bond shall be accompanied by a corporate resolution (which may be combined with the
corporate resolution granting the signing officer authority to execute contracts) granting the
corporate officer who executes the Bond the authority to do so.
(f) Surety companies executing bonds must appear on the Treasury Department's most current
list (Circular 570 as amended) and be authorized to transact business In the State of Iowa.
FAA AIP # 3-19-0094-40 C-6 Waterloo Regional Airport
AECOM Project #60180158 Rehabilitation Airfield Vault
Bond #54-189727
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we,K&W Electric, Inc. as PRINCIPAL,
also referred to as CONTRACTOR, and United Fire & Casualty Compap9s SURETY, are held
and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in
the full sum of Eight Hundred Sixty Five Thousand Nine Hundred Five and no/100 Dollars
($865,905.00), for the use and protection of said OWNER and ail subcontractors and all persons supplying
labor, materials, machinery and equipment for the performance of the work provided for in the contract
hereinafter referred to, for the payment of which, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, by these presents.
WHEREAS, the above -pound Pri cipal has entered into a contract with the OWNER dated the
day of \` i , 2012, forthe Rehabilitate Airfield Vault, FAA Protect No.
3-19-0094-40, Including SO demolition of the existing airfield lighting vault and electrical, providing
new service the airfield maintenance building and snow removal and equipment storage, construction
of new split -face block airfield lighting vault with -new constant current -regulators, -new -airfield lighting
control system with units in airfield fighting vault and air traffic control tower, fiber backbone for
airfield lighting control communications, replacement of apron high mast lighting system and
replacement of surface painted runway hold position signs with thermoplastic surface applied runway
hold position signs and all other incidental work associated with this project.
NOW, THEREFORE, the condition of this obligation is such that if the above -bound PRINCIPAL shall promptly
make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of
the work provided for in said Contract, then this obligation shall be void; otherwise, It shall remain in full force
and effect, subject, however, to the following conditions:
1. The said SURETY to this bond, for value received, hereby stipulates and agrees that no change or
changes, extension of time or extensions of time, alteration of alterations or addition or additions to the
terms of the contract or to the work to be performed thereunder, or the specifications or drawings
accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice
of any such change or changes, extension of time or extensions of time, alteration or alterations or
addition or additions to the terms of the contract or to the work or to the specifications or drawings.
2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or
equipment in the prosecution of the work provided for In said contract.
Signed and sealed this 9th day of July , 2012.
PRINCIPAL: K & W Electric, Inc.
By:
SURETY: United Fire & Casualty Company
By:Scott Poppens, Attorney—In—Fact
FM AIP # 3-19-0094-40
AECOM Project #60180158
C-7 Waterloo Regional Airport
Rehabilitation Airfield Vault
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UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company -.See Certification)
KNOW ALL MEN BY THESE PRESENTS That the UNITED FIRE & CASUALTY COMPANY; a corporation duly organized and
existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and
appoint`SCOTT POPPENS, OR MARY KAMMEYER, OR SUSAN MEYERHOFI=, OR RICHARD ARENHOLZ, CR MATTHEW
ARENHOLZ, OR ROBERT C. NEMMERS, ALL INDIVIDUALLY of WATERLOO IA
its true and lawful Attorneys) -in --Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful
bonds,undertakings and other obligatory instruments of similar nature as follows: Al 1 bonds not to exceed $6,000,000.00
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extentas if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire 21st ' day of Apr i 1, 2014 'unless sooner revoked .
This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of
Directors of the Company on April 18, 1973.
"Article V - Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may,
from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies
of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized
hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or
certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the
original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed. Such attomeys-in fact, subject to the limitations set forth in their
respective certificates of authority shall have full power to bind the Company by their signature and execution of any such.
instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or
any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact.
��urnn„1„� IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by
$.4.0 ver - its vice president and its corporate seal to be hereto affixed this 21st day of Apr i 1 2012
coRroRAre
oma`%.`Oa
State of Iowa, County of Linn, ss:
UNITED FIRE & CASUALTY COMPANY
On 21st; day of; Apr i 1 , 2012, ''before me personally came Dennis J. Richmann Vice President
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice
President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given; by the. Board of Directors of said corporation and that he signed his name thereto pursuant to like
authority, and acknowledges same to be the act and deed of said corporation.
Mary A. Jansen
Iowa Notaiial Seal
Commission number 713273
My Commission Expires 10/26/13
I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that 1 have compared the foregoing copy.
of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of
Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts
thereof, and of the whole' of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and
effect.
o``�'01 sti, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company
*kms �.' this 9th day of July 20 12
coRroRATE IytS
—s— �
sat
”344
_ 1'
Secretary,
K&WEL-1
OP ID: MJK
A.c—cwcir CERTIFICATE OF LIABILITY INSURANCE
DATE (stw IYYYY)
07/17/112
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 poticy(ies) 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).
PROPUCER Hartman Agency 319-233-8459
EiottPO Box 748 319.232.0645
Waterloo, IA 50701
Scott L Poppens
ECT Mary Kammeyer
319-232-0645
HN o, �, 319-233-8459
INC.L jam, No):
ADOREss: maryk@ellioarman.com
AFFORDING COVERAGE N AIC 3
INSURER A ; Travelers indemnity Co of Conn
NNSURER a: Travelers Property Casualty Co
i,
25682
136161
125623
INSURED K & W Electric, Inc.;
Cedar River Contracting
P. O_ Box 967
Cedar Falls, 1/3. 50613
nn ,en A /ecb _ -�...�
INSURER : Phoenix Insurance Co.
INSURER D: !
INSURER E : 1
INSURER F:
CERTIFICATE N
w easews snaJeYeoCR.
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.
_---_. _...__..___..�
!NSR;
LTR : TYPE OF INSURANCE
- trtriQi P
INS POLICY NUMBER
'i Y'" POLICY ' ' 1 1 LAWS
ibldlN4WYYYY) � IMWVDCNYYYf(i 1
GENERAL LIABILITY
-
EACH OCCURRENCE
S 1,000,000
A 1 X 1 CommERciAL GENERAL LUIBILIIY
DTCO-6553C195-T1A-12
07/15/12
07/15/13
100,000
r
p Eyes tEa oca:�o rca9
I CLAIMS -MACE Fi OCCUR
MED EXP (AnyAria mewl)
$ 5,000
--> �..—�-------_-----_
1 PERSONAL & ADV INJURY
S 1,00_0,000
'
AGGREGATE ( 2,000,000
' GENT AGGREGATE OMIT APPLIES PER.
I----
[GENERAL $
oDUCTs-Co�a4ProPAQG i $ 2,000,000
t t POLICY J -1 LOC
i t !y
AUTOMOBILE LIABILITY
f'
: (COMI NEDEa ISINGLE LIMIT ! 3 1a�e000
B i X ANY AUTO
3 ALL OWNED
--I
SCHEDULED
1 DT81065530199-TIL-12
07/15/12 I 07/15/13 j BODILY INJURY (Per person) 1 S
I
f AUTOS
_1
AUTOS
NON -OWNED
I BODILY INJURY (Per accident) i 8
HIRED AUTOS
J
AUTOS
I PROPERTY DAMAGE
fPer accident/ : $
ILII
S
X UMBRELLA UAB X
OCCUR
f
j'
r EACH OCCURRENCE s 3 6,000,000
A
EXCESS.LIRe .
CLAIMS-IO:ADE
1 pTCUP6553C199-1ND-12
07/15112 i 07115/13 1 AGGREGATE 1 6,000,000
S
3 DED -X RETENTIONS 10000
!
s
% RRERS COMPENSATIONWC
AND!=raPLOYER$'LIABNJTY Y1N
STA1U- ` OTH-I
-i XjTORYLIMITS', : ER ,
C
A YPROPRIEBER EXCLtAED?eCUTNE
NrA
DTN-UB-6553C19-9-12
07/15112
07115/13
` EL EACH ACCIDENT ' s 500,000
(Mandatory In NH)
If yyeess desal#se under -
`
EL DISEASE - EA EMPLOYEES 500,000
DESCRIPTION Of OPERATIONS be!cw
EL $ 0
A
A
Installation Fltr `DTCO-6653C199-T(A-12
Leased/Rented item DTCO-6553C199-TLA-12
07/15/12
07/16/12
07/155/13 LimitsEASE-PoucYlata�
500,0000
07/15113 4Limit 50,000
DESCRIPTION OF OPERATIONS 7 LOCATIONS 1 VEHICLES (AuacA Ada:
Iona 101, Adona Remarks Schedule, I more space to required)
Project: Rehabilitate Airfield Vault, FAA Project No., 3-19-0094-40
The Waterloo Regional Airport, the City of Waterloo and AECOM are additional
insureds when required by written contract.
CANCELLATION
WATER -6
Waterloo Regional Airport
2790 Livingston Lane
Waterloo, IA 50703
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL SE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05)
1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD