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HomeMy WebLinkAboutWard Diesel Filter Systems'Unl U .$46tri*/ SSI „ N. � Wed PM/�"'S 'Vic tle40 sr�h tailH � •, V1,6/.6)C) viigitCylimisgisliat, WAti)voi liktk �►R 3-11-0111t0C3 • rAa tictiak torisiii,5 Lit it 109 V4k0140, loft Gay A • • CITY OF WATERLOO IOWA 715 MULBERRY ST. WATERLOO IA 50703 i ■ TRACKING #: 1Z 118 263 01 6695 7687 UPS NEXT DAY AIR1 11 FIEF 1:BId Opening 12/15/2022 Dept No.: WD W8 26.0.14 Zebra ZP 460 47.0A 11/2022 r IC If rr.w z m 0 0 r • am< 0 own m 7v r O O n aro r O a erar* rt 0 c m min O c rt n O et O .0 O O ;ass • 0 O Co O • -n, e 1111111 n 1111111+41119.,100^lVln• ' 'n n .° xi w m ' 0 ' m 0 w (I) ke, .I� O to i 0 rt 03 D 70 umn 2". tar). m z su et 3 r� 0 co can m n 1 m m 4 0 z O z m n S z 0 r O m to v 0 CD n 0 3I °Ejl x m o cn Co Z IV' co a (� 01 CD �! -P P 47 O a) OD O N CTiila BEECHER EMISSION SOLUTION TECHNOLOGIES, LLC d/b/a WARD DIESEL FILTER SYSTEMS 1250 Schweizer Road Horseheads, NY 14845 Phone: 800-845-4665 Fax: 607-739-7092 www.warddiesel.com Install ARFF Vehicle Exhaust Systems, Waterloo, Iowa FAA AIP 3-19-0094-053 (BARES DEV) TAB ONE NO SMOKE Literature 0 FILTER SYSTEMS WARD ind Dfi 5Cen Ps, WARD FILTER SYSTEMS 1250 Schweizer Road Horseheads, NY 14845 Phone: 800-845-4665 Fax: 607-739-7092 www.warddiesel.c Specialized fire apparatus is required for Aircraft rescue and firefighting. Due to the mass casualty potential of an aviation emergency, the speed with which emergency response equipment and personnel arrive at the scene is crucial. Firefighters typically have only three minutes to respond before passengers would be overcome by heat and smoke inhalation. The FAA has set forth minimum response times in Part 139 of 14CFR (FAR) Airport Rescue & Firefighting Requirements "one ARFF vehicle to meet the 3-minute response time, the next within 4 minutes, ETC." Ward Diesel NO SMOKE systems are vehicle -mounted direct source capture systems that work automatically when the vehicle is started. There are no hanging hoses to connect that can result in loss of precious response time. ARFF vehicles may remain on the scene for an extended time until additional resources arrive. NO SMOKE is the only exhaust removal system on the market today that provides complete protection both inside and outside the station. Exhaust removal will travel with your vehicle. The unique configuration of ARFF vehicles include, but are not limited to, large vertical stack exhaust systems that are difficult to attach to an overhead hose track system. If not properly attached every time, the hose can rip off and expensive repairs will be necessary to get the system operational again, leaving department personnel unprotected from harmful emissions. The physical location and size of the -Airport Fire Department can also become an issue. If your bays are too small or you are sharing space with other Airport departments, maior building modifications to accommodate a hose system may not be feasible. Diesel exhaust was named a known carcinogen by the World Health Organization in 2012. NFPA 1500 states: "The Fire Department shall prevent exposure to firefighters and combination of living and sleeping areas to exhaust emissions". It is no longer a question of whether an exhaust removal system is needed, but rather, what is the best option for my department? With thousands of installations currently operating, NO SMOKE has proven its capability and reliability to fire and rescue personnel throughout the world. We hope that you will be next to join the growing list of fire departments that have decided to protect their personnel with NO SMOKE Best Regards, Michael Nelson Regional Sales Manager Michael.Nelson@warddiesel.com 607-796-0149 0 FILTER SYSTEMS WARD • • w4RD � FILTER SYSTEMS IA, ri ....., ,,., The BEST Exhaust Protection Solution for ARFF •a. . < 2018 Rosen 0 cam- auer 6x6 HR _ T Panthers, with Volvo Penta D16 Engines "Atlanta International Airport Equipped with warddiesel.com info@warddiesel.com 800-845-4665 ONWARD FILTER SYSTEMS Zr fr No Track Rail Systems Needed Exhaust Protection in the Firehouse and On Scene. Custom Built and Engineered for all Makes/ Models of Apparatus and Engine Type A W A► Apparatus Mounted NO SMOKE Filter Systems are NFPA, NIOSH and OSHA Compliant warddiesel.com info@warddiese .com 800-845-4665 The Facts 6.1 Cancer in humans 'there is sufficient evidence in humans for the carcinogenicity of diesel engine exhaust. Diesel engine exhaust causes cancer of the lung. A positive association has been observed between exposure to diesel engine exhaust and cancer of the urinary bladder. 6.3 Overall evaluation Diesel engine exhaust is carcinogenic to humans (Group 1). DIESEL AND GASOLINE ENGINE S AND SOME NITROARENES VOLUME 105 -1- •-Tliitpublication represents the views and expert opinions of an IARC Working Group on the Evaluation of Carcinogenic Risks to Humans, which met in Lyon, 6.12 Juno 2012 LYON, tttAUC1 - 2014 IARC MONOGRAPHS ON THE EVALUATION OF CARCINOGENIC RISKS TO HUMANS WORLD HEALTH ORGANIZATON IARC (2014) VOLUME 105 The Facts 1 Particulate matter enters our respiratory (lung) system through the nose and throats. 213 The larger particulate matter (PM10) is eliminated through coughing, sneezing and swallowing. 4 PM2.5 can penetrate deep into the lungs. It can travel all the way to the alveoli, causing lung; and heart problems, and delivering harmful chemicals to the blood system. HUMAN HAIR 50-70 p m (41WOC;'?t:l irl a a pD O( ailv 90 [tF l (m.1,roons) 1- diameter FINE BEACH SAND tPM2.5 Combustion particles, organic compounds. metals, etc, r 2,6 i.tr n Onk'rons) in diameter �.. PM10 D� st, po lcn, mold, etc. <1 0 um (mkrcns) in diameter "Surface area of respiratory system e 80x that of skin" The Facts The !AFC and the NVFC partnered to develop and release the Lavender Ribbon Report: Best Practices for Preventing Firefighter Cancer. This report, released on August 9, 2018, provides 11 actions that can be taken to mitigate the risk of cancer for firefighters. https://www. n vfc, org/wp-content/uploads/2018/08/La vendar-Ribbon-Report-Cancer. pdf Lavender Ribbon Report BEST PRACT i CES for Preventing Firefighter Cancer U//tnra nvitou 11 ACTIONS TO HELP MITIGATE THE RISK OF CANCER From the Report: "Another exposure could be from diesel exhaust fumes... Without the presence of a means to filter the exhaust, it becomes an exposure hazard to rescuers and other people in the station." °WAR() FILTER SYSTEMS 4.0•47.741:\ •;.);:• p.; • •..• r la •.. . Ward Diesel offers the most effective and user friendly exhaust protection systems on the market. Apparatus Mounted Q 100% Direct Source Capture E The SCBA for Vehicle Exhaust Ei On -Scene Protection IZI OSHA, NIOSH, NFPA El Automatic For Apparatus with PRE-2007 Compliant Engines NO SMOKE is an apparatus -mounted, direct source capture exhaust removal system that works automatically to protect you from the dangers of breathing diesel exhaust. The system captures the harmful particulate and gases that you shouldn t !I e expo ed to. Porous Channel Walls Filter � I Exhaust Gases Traps Soot Particles NO SMOKE features a Corning DuraTrapTM CO diesel particulate filter that removes particulate matter (soot) from diesel exhaust. The filter consists of thousands of individual channels. Exhaust gas filters through the channel walls while soot particles are trapped in the channels. Safety Feature • Back Pressure Sensor (pictured below) • At 15ps1 a red light indicator will appear on the dash letting you know it is time change the filter. 1 „es' No Sip FILTERED 11. EXHAUST L�FR UNFILTERED EXHAUST v BACK PRESSURE SENSOR • T DIVERTER VALVE AIR CYLINDER • If the system reaches 18psi. for 3-4 seconds, the system will automatically turn itself off and revert the engine back to standard exhaust, this will prevent any buildup of back pressure, preventing any loss of horsepower or performance. System consists of a filter a diverter unit and an electronic control module When ynu start the engine: • Electroni1 a control module engages the diverler unit, directing vehicle exhaust into the filter— not into the station 4 • The system has a timer to filter exhaust for, a preset period, allowing time to leave the station before it automatically switches out of filter mode and back to straight exhaust. When you return to the station: • The system automatically engages when you put the engine in reverse to back in. It continues to clean exhaust until the engine stops. • If you have drive -through stations, a push button will be mounted to the dash so you can activate the system upon entry. On- Scene: • Manual override keeps system in filter mode while engine idles, so no one at the scene has to breathe deadly exhaust. NO SMOKE SYSTEMS • Can be installed on ALL diesel vehicle, including ambulances and pick-ups • Can be reinstalled on replacement • Our products will NOT VOID ENGINE WARRANTIES NO SMOKE 2 models the original NO SMOKE system, but is specifically designed for units built after 2007, including vehicles with DEF and ARFF Apparatus with Tier IV Engines, that emit higher levels of harmful gases. Channel walls Coated with Precious Metals Transform Harmful Exhaust Gases into Clean Air NO SMOKE 2 features a high-performance substrate with a proprietary wash coat that removes harmful gases from diesel exhaust. While exhaust flows down the channels of the substrate, the gases interact with a precious metal coating on the cell walls, turning dangerous exhaust gases into harmless carbon dioxide and water vapor. Safety Feature • Consist of Filter and Back Pressure Sensor • Full Time Operation FILTERED EXHAUST BACK PRESSURE SENSOR FROM ENGINE • Back Pressure Sensor (pictured above) • At 1.5psi a red light indicator will appear on the dash letting you know there is a problem with the flow through system and needs to be diagnosed. No Smoke & No Smoke2 Emission Reductions As a guide to the effectiveness of the NO SMOKE and NO SMOKE2 Filter Systems, the following table compares the OSHA Permissible Exposure Limits (PEL) with results achieved after the installation of the Direct Source Capture Ward Diesel Exhaust Removal System. Permissible Exposure Emissions "NO 1 istallation SMOKE" of after Emissions "NO Installation SMOKE2" of after (OSHA) Limits (PEL) ; Carbon *Average *200 PPM Monoxide Over Ceiling an 8-hour (5-min work sample) shift 35 PPM 8.0 PPM 0 to 19 PPM Sulfur Dioxide 5 PPM Less than 0.1 PPM Less than 0.1 PPM Poly Aromatic Hydro -Carbons 1 PPM 0.1 PPM Less than 0.05 PPM Total Particulate 1 PPM 0.13 PPM Less than 0.05 PPM Nitric Oxide 25 PPM 2.5 PPM 3 PPM Nitrogen Dioxide 5 PPM 0.14 PPM 2 PPM Note: Please see full Third Party and Customer Test Reports for specific supporting information • • • .:. 1 I I \ I 1 G A S NO SMOKE Gas For Gasoline Engines NO SMOKE Gas models the NO SMOKE 2 system, but is specially designed to meet the needs of Gasoline Engines that emit higher levels of harmful gases. Channel walls Coated with Precious Metals Transform Harmful Exhaust Gases into Clean Air NO SMOKE Gas in the oxidation process, the catalyst transforms pollutants into harmless gases through oxidizing (or burning), by combining them with free oxygen in the exhaust. Carbon monoxide and hydrocarbons are oxidized into carbon dioxide and water vapor. Unlike oxidation, reduction is a process of removing oxygen from compounds, in this case from nitrogen. Nitrogen oxides (NOx) formed in the combustion process, are reduced to nitrogen and carbon dioxide (CO2) through reduction, which is promoted by the catalyst. • The Sim • le Solutio With NO SMOKE, You Can Count On: • Direct Source Capture of harmful diesel particulate and gases Vehicle -mounted flexibility —Rotate bay - to -bay, station -to -station. No manual intervention Farm cif fire ;ersonneI • 1 0% Automatic Operation • Exhaust removal that goes wherever your vehicle goes The SCBA for Vehicle Exhaust • Simple maintenance • Responsive customer service • On Board & Automatic NO SMOKE SYSTEMS mount directly to your vehicles. There's nothing to connect or disconnect the system starts and stops automatically. WI NO Hoses to Attach Behind a Vehicle [71 NO Safety Hazard Inside Fire House [71 NO Fans [71 NO Building Modifications w FULLY AUTOMATIC NO SMOKE takes the hassle out of exhaust removal. On Scene Protectio You can filter exhaust while your engine idles: Ei On the scene El At an ER entrance El At community events When you need clean air, NO SMOKE is there. Low to NO Maintenan e The advanced design of the NO SMOKE 2 should require no maintenance or cleaning. The original NO SMOKE has an indicator light that comes on when it's tim a: to order a new filter. You can change the filter in less than 30 minutes using basic tools. Filter Re • eneration Any vehicle that has the NO SMOKE 2 Filter System virtually never needs to be changed. The NO SMOKE 2 Filter System is a flow -through substrate that is always on. It is in -line and a great benefit of this is any time the After -Treatment -Device (ATD) regenerates, the NO SMOKE 2 will be automatically regenerated as well. On average 70% 75% of our customers change out a Standard NO SMOKE Filter once every 2 G. 4 years. The -:cost is $295.00 plus shipping each way. There is a back pressure sensor and a red light on the dash that indicates a filter change is needed once it reaches 1.5 PSI in the filter. Call us and we ship you a clean filter. Install the clean filter, place the dirty one back in the same box the clean one arrived in and ship it back to us. Then we regenerate the filter. It is an exchange program. There also is a safety feature with the back pressure sensor. If it ever gets to 1.8 PSI for 3 — 4 seconds it will divert back to the standard exhaust. This way there are no issues of back pressure ever getting into the engine. We Stand behind NO SMOKE • Our technicians are factory -direct and factory trained They will install the system and train your staff to use it • 1 Year Limited Warranty on all parts and labor • Courtesy Visit program — We 'follow up to make sure our systems work for you • Quality customer service answer our phones! Real people We're here for you every step of the way. VVARD 1;-, 11 11 Hi \F S Michael Nelson Regional Sales Manager M ichael.Nelson@warddiesel.com 607 796 0149 (office) wwwWard ese com 1250 Schweizer Road I Horseheads, NY 14845 ■■■■■■■■■■■■■■■■■ 1 c� �; y t ft 7c r ■ ■ ■ ■ 111111111111111111111111 ■ ■ BEECHER EMISSION SOLUTION TECHNOLOGIES, LLC 1250 Schweizer Road Horseheads, NY 14845 Phone: 800-845-4665 Fax: 607-739-7092 d/b/a WARD DIESEL FILTER SYSTEMS www.warddiesel.com Install ARFF Vehicle Exhaust Systems, Waterloo, Iowa FAA AIP 3-19-0094-053 (CARES DEV) TAB TWO Price Quote Certificate of Insurance FILTER0 S Y S T EM S WARD VI SCE 0WARD F I l T E R SYSTEM Beecher Emission Solution Technologies, LLC dba Ward Diesel Filter Systems 1250 Schweizer Road Horseheads, NY 14845 Phone: 800-845-4665 Fax: 607-739-7092 To: Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Attention: Director Keith Kaspari Date: December 13, 2022 Quotation #: 11762R3 Quotation valid until: January 12, 2023 Prepared by: MRN Quantity 2 2 Description NO SMOKE direct source diesel exhaust filtration system, installed, excluding taxes Warranty:extension, (total of 2 years). Ward Diesel Filter Systems warrants ail labor performed and material installed, in accordance; with the contract, product specifications, alterations and additions thereto, for a period of two years from date of installation. This warranty does'not include normal wear and tear, and/or product abuse. Filter exchanges are not inciluded in the extended warranty. Per Unit Price *Price based on installation of 2 Systems Warranty: One (1) year. End User: Waterloo Regional Airport Installation Site: TBD Terms: Net 30 days on all invoices. Invoicing will be done weekly on the number of units installed for each week. $10,802.00 $250.00 Notes: All prices are in US Dollars. Proposal does not include bid and/or performance bond cost. This price quote is based on cash payments only and has a 5% discount. If paying by credit card the price is: $23,209.20 Michael Nelson TOTAL Regional Sales Manager Total Price $21,604.00 $500.00 $22,104.00 BEECEMI-01 CERTIFICATE OF LIABILITY INSURANCE MARK DATE (MM/DDFYYYY) 12/1312022 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 !EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 Swan Morss Insurance PO Box 179 Elmira, NY 14902 INSURED Beecher Emission Solution Technologies LLC DBA Ward Diesel Filter Systems 1250 Schweizer Road Horseheads, NY 14845 CONTACT Mark Reynolds NAME: P(AH°,N Ico, Ext): (607) 846-4481 1072 1 FAX No):(607) 732-0120 E-MAIL MRe nolds SwanMorss.com ADDRESS. Y INSURER(S) AFFORDING COVERAGE INSURER A : Ohio Casualty Insurance Company INSURER B :Ohio Security Insurance Company INSURER C : INSURER D : INSURER E : NAIC # 24074 24082 INSURER F : • VISION NUMBER: .,...-._,,..,-..-_......-• -• - •-------•-- THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY NOTWITHSTANDING AND MAY CONDITIONS BE THAT ISSUED THE OR OF POLICIES ANY SUCH MAY REQUIREMENT, PERTAIN, POLICIES. OF INSURANCE THE LIMITS TERM INSURANCE SHOWN LISTED OR CONDITION MAY BELOW AFFORDED HAVE HAVE BEEN OF BEEN BY ANY REDUCED THE ISSUED CONTRACT POLIC TO BY ES PAID THE OR DESCRIBED CLAIMS. INSURED OTHER DOCUMENT NAMED HEREIN ABOVE WITH IS SUBJECT FOR RESPECT THE TO ALL POLICY TO WHICH THE PERIOD TERMS, THIS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER (fAWDD(YYYY) POLICY EFF (MM/DDPYYYY) POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1 CLAIMS -MADE X 1 OCCUR X BK055733773 9/20/2022 9/20/2023 PREM SES?E aEoccur ence) $ 300,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE_ UMIT APPLIES PER: 'GENERAL AGGREGATE $ 2,000,000 X POLICY [ ] PELT LOC -PRODUCTS - COMP/OP AGG ,$ 2,000,000 OTHER: $ AUTOMOBILE LIA81LW! L(Ea COMBINED accident) SINGLE LIMIT 1,000,000 $ X ANY AUTO BAS55733773 9/20/2022 9/20/2023 'BODILY INJURY (Per person) $ OWNED AUTOS ONLY I SCHEDULED AUTOS BODILY INJURY (Per accident) .$ HIRED NON -OWNED r PROPERTY (Por accident) DAMAGE ,$ AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS MADE US055733773 9/20/2022 9/20/2023 AGGREGATE $ DED X RETENTION$ 10,000 $ 4,000,000 A WORKERS COMPENSATION y X PER STATUTE EOTH AND EMPLOYERS' LIABILITY Y / N XW055733773 9/20/2022 9/20/2023 11000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER (Mandatory In NH) EXCLUDED? J N ! A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ City written INSTALL DESCRIPTION Waterloo of Waterloo, contract Regional ARFF OF OPERATIONS VEHICLE Iowa, per Airport: the and policy / EXHAUST LOCATIONS AECOM terms /VEHICLES Technical and SYSTEMS conditions. Services, (ACORD FAA AIP 1011 Inc. 3-19-0094-055 Additional are Remarks named Schedule, as an Additional (CARES DEV) may be attached If Insured more with space respect Is required) to General Liability coverage as required by CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BEECHER EMISSION SOLUTION TECHNOLOGIES, LLC 1250 Schweizer Road Horseheads, NY 14845 Phone: 800-845-4665 Fax: 607-739-7092 d/b/a WARD DIESEL FILTER SYSTEMS www.warddiesel.com Install ARFF Vehicle Exhaust Systems, Waterloo, Iowa FAA AIP 3-19-0094-053 (CARES DEV) TAB THREE Contract Documents and Specifications 0 FILTER SYSTEMS WARD �"u S M V'� r &COM Waterloo Regional Airport: INSTALL ARFF VEHICLE EXHAUST SYSTEMS FAA AIP 3-19-0094-055 (CARES DEV) WATERLOO REGIONAL AIRPORT Prepared For: City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Prepared By: AECOM 500 SW 7th Street, Suite 301 Des Moines, Iowa 50309 AECOM 501 Sycamore Street, Suite 222 P.O. Box 1497 Waterloo, Iowa 50704-1497 November 23, 2022 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INSTALL ARFF VEHICLE EXHAUST SYSTEMS FAA AIP 3-19-0094-055 (CARES DES AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Prepared For: City of Waterloo, Iowa Prepared By: AECOM November 23, 2022 I herebycertify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the state of Iowa. GRE November 23, 2022 AOLL Date License No. 21498 My license renewal date is December 31, 2022. Pages or sheets covered by this seal: Date Issued: TABLE OF CONTENTS Contents Page GENERAL SPECIFICATIONS GS-1 - 7 PROPOSAL FORM P-1 - 7 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER P-8 STATEMENT OF INTENT P-9 UTILIZATION STATEMENT P-10 LETTER OF INTENT P-11 BUY AMERICA CERTIFICATION P-12 - 13 BUY AMERICA WAIVER REQUEST P-14 - 15 BUY AMERICA CONFORMANCE LISTING P-16 BIDDER STATUS FORM BF-1 - 2 CONTRACT C-1 - 3 PERFORMANCE BOND C-4 - 5 PAYMENT BOND C-6 - 7 PART 1 - FEDERAL CONTRACT PROVISIONS FOR CONSTRUCTION AND EQUIPMENT PROJECTS 'Supplementary Provisions 1-30 PART 2 - DEPARTMENT OF LABOR WAGE DETERMINATION 1-9 FAA AIP 3-19-0094-055 (CARES DEV) Install ARFF Vehicle Exhaust Systems Table of Contents Waterloo Regional Airport - 60675091 GENERAL SPECIFICATIONS FOR INSTALL ARFF VEHICLE EXHAUST SYSTEMS FAA AIP 3-19-0094-055 (CARES DEV) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 15th day of December, 2022 , until 1:00 p.m. for the construction of the Install ARFF Vehicle Exhaust Systems - FAA AIP 3-19-0094-055 (CARES DEV) project, as described in detail within this bid proposal. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 15th day of December, 2022, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. RE -BID MEETING A.pre-bid meeting for this project will NOT be held, but contractors are urged to make a site visit and familiarize themselves with existing conditions. Bidders shall arrange an individual site visit prior to Di4Wing by contacting the Aixport Director at (319)291-4483 SCOPE OF WORK The FAA 3-19-0094-055 (CARES DEV) Install ARPF Vehicle Exhaust Systems project consists of the purchase and installation of two (2) Ward NO SMOKE 2 vehicle -exhaust filtration systems, one (1) system on each of the two ARFF trucks. These filtration systems are custom installations that apply a porous ceramic catalyst designed to automatically reduce gaseous matter from diesel exhaust. This system is a "ride along" system that is always connected and requires no interactions by personnel (other than maintenance) for proper operation. There shall be a dashboard indicating light installed when/if the back pressure exceeds 1.5 PSI. Provide two (2) additional spare filters. This patented system shall be installed and tested on location by an authorized a Ward Diesel technician. Testing, training, and a 2-year warranty for each system is required. Ward Diesel Filter Systems 1250 Schweizer Road Horseheads, NY 14045 Phone: 800-845-4665 Fax: 607-739-7092 www.warddiesel.com BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed in ninety (90) calendar days. Each vehicle's availability will be limited as these two vehicles are the only active trucks at the airport. Obviously, both trucks cannot be down at the same time. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. FAA AIP 3-19-0094-055 (CARES DEV) GS-1 Install ARFF Vehicle Exhaust Systems General Specifications Waterloo Regional Airport - 60675091 RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SITE INSPECTION Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed and the difficulties attending the execution of the proposed Contract, including local conditions. EXAMINATION OF PROPOSED WORK Bidders are strongly encouraged to visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Instructions to Bidders, the Specifications or related documents. Bidders shall arrange an individual site visit prior to Bidding.by contacting the Airport Director at (319) 291-4483. PREPARATION OF BIDS a) Bids shall be submitted.on the forms furnished, or;copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer -generated spreadsheet shall include all the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. b) The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction, or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. c) Unless called for, alternate bids will not be considered. Contractors shall submit pricing on all alternate bid items. d) Modifications of bids already submitted will be considered if received at the City Clerk's Office by the time set for closing of bids. Telegraphic modifications will be considered but should not reveal the amount of the original or revised bid. e) In preparing the bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which the Contractor proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., $7.14). In items where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer -generated spreadsheet, all numbers shall be easily legible. FAA AIP 3-19-0094-055 (CARES DEV) GS-2 Install ARFF Vehicle Exhaust Systems General Specifications Waterloo Regional Airport - 60675091 f) Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the Contractor reserves the right to accept or reject a contract awarded him by the City Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. g) If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal whether any preference to resident bidders, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder's state or country of domicile at the time of a bid submittal. SUBMISSION OF BIDS a) A bid must be sealed in an envelope and marked to indicate its contents. If forwarded by mail, the envelope shall be mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at their office in the City Hall before.the time specified for closing bids. b) Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non -arrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. c) Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended, subject to rejection. MARKING AND MAILING BIDS Envelopes containing bids must be sealed and .addressed to the City iCleik, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left-hand corner as follows: Bid of (Name and Address of Contractor) for Install ARFF Vehicle Exhaust Systems, Waterloo, Iowa, FAA AIP 3-19-0094-053 (CARES DEV). Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the City Clerk's Office after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. MINIMUM WAGE RATES If the wage determination of the Department of Labor incorporated in the advertised specifications does not include rates for classifications deemed appropriate by the bidder, the bidder is responsible for ascertaining the rates payable for such use in accomplishing the work. No inference concerning practice is to be drawn from their omission. Further, FAA AIP 3-19-0094-055 (CARES DEV) GS-3 Install ARFF Vehicle Exhaust Systems General Specifications Waterloo Regional Airport - 60675091 the omission does not, per se, establish any liability to the Government for increased labor costs resulting from the use of such classifications. EQUAL EMPLOYMENT OPPORTUNITY - EXECUTIVE ORDER 11246 AND 41 CFR PART 60 The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. ACCEPTANCE OF BIDS The City reserves the right to reject any or all bids and to waive informalities in the bids submitted that might be in the best interest of the City. The project will be awarded to the lowest most responsive responsible bidder for the total bid or for the total bid including alternate bid items. Award will be made based on City of Waterloo funding availability. It is anticipated that acceptance of the Form of Bid or Proposal will be on or before December 16, 2022. Once the City Council has approved the contract on December 19, 2022, the Notice to Proceed will be issued. The City would like the project completed as early as possible in 2023. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shrill be entitled to receive 'final payment for work done under this contract, it shall execute and file a two-year (2) bond in the penal sum of not less than 100% of the total amount of the contract, ..same to be known as "Maintenance Bond," and which bond must be .approved by the City Council, and which bond is in addition to the bond given by the Contractor -.to guarantee the completion of the work. INSURANCE The Contractor shall purchase and maintain insurance to protect the Contractor and the Waterloo Regional Airport against all hazards enumerated herein throughout the duration of the Contract. All policies shall be in the amounts, form, and companies satisfactory to the Waterloo Regional Airport. Workmen employed by the Contractor, or his subcontractors shall be covered by Workmen's Compensation insurance as provided for by the Code of Iowa. Before beginning work on the project, the successful bidder shall furnish Certificate of Insurance for public liability and motor vehicle liability covering all operations performed by the Contractor and any subcontractor. The Certificate shall be effective during the life of the project or for a period of at least ten (10) days following the filing of written notice of cancellation and shall protect the public and any person from injuries or damages sustained by reason of carrying on the work involved in the project. The minimum limits of liability shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit $ 2,000,000.00 Product -- Completed Operations Aggregate Limit $ 2,000,000.00 Each Occurrence Limit $ 2,000,000.00 FAA AIP 3-19-0094-055 (CARES DEV) GS-4 Install ARFF Vehicle Exhaust Systems General Specifications Waterloo Regional Airport - 60675091 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, and AECOM Technical Services, Inc., named as an "Additional Named Insured". CLAUSES AND AFFIDAVITS The successful bidder and any subcontractors will be required to execute and return a Non -Segregated Facilities Clause, a Non -Collusion Affidavit, and an Equal Opportunity Clause before beginning work on the project. The forms will be furnished. CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60 A certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers in prescribed is 18 U.S.C. 1001. DISADVANTAGED BUSINESS ENTERPRISE - 49 CFR PART 26 The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT - assisted contracts. In accordance with 49 CFR Part 26.45, the sponsor has established a contract goal of 0% participation for small business concerns owned and controlled by certified .socially and economically disadvantaged enterprise (DBE) The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal. DAVIS-BACON ACT, AS AMENDED - 29 CFR PART 5 The Contractor is required to comply with wage and labor provisions and to pay minimum wages in accordance with the current schedule of wage rates established by the United States Department of Labor. DEBARMENT, SUSPENSION,TNELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. FOREIGN TRADE RESTRICTION - 49 CFR PART 30 The Bidder and Bidder's subcontractors, by submission of an offer and/or executive of a contract, is required to certify that it: 1. is not owned or controlled by one or more citizens 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); 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one of more citizens or nationals of a foreign country on said list; 3. 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. BUY AMERICAN CERTIFICATE - AVIATION SAFETY AND CAPACITY ACT OF 1990 This contract is subject to the "Buy American Preferences" of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AIP assisted project must be produce in the United States unless the Federal Aviation Administration has granted a formal waiver. FAA AIP 3-19-0094-055 (CARES DEV) GS-5 Install ARFF Vehicle Exhaust Systems General Specifications Waterloo Regional Airport - 60675091 As a condition of bid responsiveness, Bidders must complete and submit as part of their proposal the enclosed Buy American certification. Bidder must indicate whether it intends to meet Buy America preferences by only installing steel and manufactured products produced with the United State of America; or if it intends to seek a permissible waiver to the Buy America requirements. AFFIRMATIVE ACTION PROGRAM The successful bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000.00 in City projects during the current calendar year. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character, and location of the work, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. METHOD OF PAYMENT The successful bidder will be required to submit a schedule of values for lump sum items. The schedule of values will be utilized to issue percent lump sum complete pay estimates. The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed, and materials delivered, and work approved. Final payment will be :made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing (that all subcontractors and workmen and all persons furnishing materials have;been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 df the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. CARE OF WORK The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the City. The Contractor shall provide sufficient watchmen, both day and night; including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment, or time due to the acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when a watchman is needed. The Contractor shall avoid damage to existing building, driveway, electrical systems, except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. The Contractor shall leave the work site in a neat and clean condition after completion of work. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the FORM OF BID OR PROPOSAL, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the Contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. FAA AIP 3-19-0094-055 (CARES DEV) GS-6 Install ARFF Vehicle Exhaust Systems General Specifications Waterloo Regional Airport - 60675091 Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering, and contract administration. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. INSPECTION The contractor shall furnish -promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily rand will be made in accordance with the provisions of the Technical Specifications. Inspection of materials and.appurtenances to he incorporated in the improvements embraced in this ontract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease -purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. FAA AIP 3-19-0094-055 (CARES DEV) GS-7 Install ARFF Vehicle Exhaust Systems General Specifications Waterloo Regional Airport - 60675091 PROPOSAL FORM FOR INSTALL ARFF VEHICLE EXHAUST SYSTEMS FAA AIP 3-19-0094-055 (CARES DEV) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Gentlemen: 1. The undersigned, being 4 Corporation existing under the laws of the State of i\ieu! l0t1c, a Partnership consisting of the following partners: Sat OtA t cce-tt- N, r u CJt'-f , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this Install ARFF Vehicle Exhaust Systems -- FAA AIP 3-19-0094-055 (CARES DEV), all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: 2. The extent of the work involved is as follows. The FAA 3-19-0094-1555 (CARES DEV) Install ARFF Vehicle Exhaust Systems project Which consists of the purchase and installation of two (2) Ward NO SMOKE 2 vehicle exhaust filtration systems. These filtration systems are custom installations that apply a porous ceramic catalyst designed, to:reduce gaseous mattertfrom diesel exhaust. This system shall be completed and tested on location. Testing, training, and a 2-year warranty for each system is required. 3. The undersigned, in compliance with your Invitation for Bids dated jLwant V 23,2AZz hereby proposes to do the work called for in said Contract and Specifications and shown on said Plans and Addendum Nos. k 3 k f tj t 2 'tit and to furnish all materials, tools, labor and all appliances and appurtenances necessary for the said work at t ollowinge�rates and prices: FAA AIP 3-19-0094-055 (CARES DEV) P-1 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: • INSTALL ARFF VEHICLE EXHAUST SYSTEMS FAA AIP PROJECT NO. 3-19-0094-055 (CARES DEV) ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE BID BID TOTAL PRICE BASE BID 1 NO SMOKE 2 diesel exhaust filtration EA 2 $ II t 05 $ ZZ1 1 O9 , 3 V Z BID $ ZZI 109. e v 0 TOTAL 4. The Airport reserves the right to award the contract based on the Total Bid. 5. 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. 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 govern 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 Offrce.of the Secretary of Transportation, to subcontract zero (0%) percent of the ddllar 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 descnption.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. 8. 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 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 ninety (90) 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. FAA AIP 3-19-0094-055 (CARES DEV) P-2 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 10. The undersigned understands, award of contract is contingent upon receipt of project funding from the Federal Aviation Administration. If funding is not received, bidds-will-b erg 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 ninety (118) 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 s/he has not submitted a complete compliance report within 12 months preceding 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. 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. FAA AIP 3-19-0094-055 (CARES DEV) P-3 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 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 learns 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 ofAmerica 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/offoror certifies, by submission of this proposal or acceptancelof this contract, that neither it nor its ,principals are presently debarred, suspended, proposed for debarment, .declared ineligible, or voluntarily :excluded from participation in this transaction by any Federal department or agency. It thriller 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. e • ::: • - this Proposal, the undersigned encloses bids ' • of five (5) percent of the bid which, in case he r and to enter into a Contract and file the required e prescribed time, shall be forfeited to t e y eeaegional_Auv,_ort as liqui e amages. P-e--r— 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 Government 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 ninety (90) 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 (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. FAA AIP 3-19-0094-055 (CARES DEV) P-4 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 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 less 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 Amenca 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 Workplace, 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;) 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. (3) FAA AIP 3-19-0094-055 (CARES DEV) P-5 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 (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 -- (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. (5) 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 requiredtby paragraphs a. orb. of this provision, renders the offeror unqualified and ineligible for award. [See FAR 9.104-1(g) and •19:602-1a.(2)(a)]. d. In addition to other remedies available to the Government, the certification iniparagraphs 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. 25. Attachment to This Bid. The following , documents/are attached to and made a part of this Bid: /V a. Bid Guaranty in the form of Pt 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." FAA AIP 3-19-0094-055 (CARES DEV) P-6 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 26. The Bidder shall indicate whether the bid is submitted by a/an: v Individual, Sole Proprietorship ❑ Partnership ❑ Corporation ❑ Joint -venture: all parties must join -in and execute all documents ❑ Other Respectfully submitted, idd r By Si na►f-�irtat ; de/A file ZSo Ce---Art/N Z•K Zed Address firciAdi Air /YNts (Include Zip Code) �o ? - 7eI !f -o l te9 Telephone No. )(t q 2; P.4034 fit;{ ;:).V/RFO.ol✓? �R� nrfl ,nittir 74Cj 2ff ilcj FAA ALP 3-19-0094-055 (CARES DEV) P-7 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of kith 114 r ) )ss County of' n.(F 1l ;k1 c ) &o7h7L H i3ezc% , being first duly sworn, deposes and says that: (1) He is Q lit% ri (LC (Owner, Partner, Officer, Representative, or Agent) of ti n A SO Lj(j) dr -r 4/ a /opti , %1.t e b J& Wan) 1) t! Pk( S1J f'+-1, the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with .the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any,other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, orfttnlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bill are fair and proper and are not tainted b. ' ollusion, conspiracy, connivance, or unlawful agreement on the part of the:Bidder or any of its agents, representatives, owne , employees, or parties in interest, including this affiant. Subscribed and sworn to before me this 73 day of �bd 2 _ /<<orA2 y P v q c Title My Commission Expires �a ~ IS , 20 2..5 (Signed • _ Title ra% THOMAS P. ROGAN Notary Pudic, State of New *it Chemung County No. 01 R06000514 Commission Expires December 15, -V-'y FAA AIP 3-19-0094-055 (CARES DEV) P-8 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 u,krd D itst4 ihrillehmei s STATEMENT OF INTENT NONDISCRIMINATION AND EQUAL OPPORTUNITY STATEMENT The Contractor does hereby certify to the Waterloo Regional Airport, that no person shall, in any way, be favored or discriminated against because of his race, political or religious opinions and affiliations, national origins, sex, age, sexual orientation, gender identity, disability, color, creed, marital status, employee union or association membership or office herein. If selected as the successful bidder, this contractor hereby agrees to file either a nondiscrimination and equal opportunity statement and/or an Affirmative Action Program. Improvements to the Waterloo Regional Airport consisting of INSTALL ARFF VEHICLE EXHAUST SYSTEMS FAA AIP 3-19-0094-055 (CARES DEV) &ZS 6IiS5jca o itoidh,uLC 40l4 COMPANY EXECUTIVE OFFICER RI AFFIRMATIVE ACTION OFFICER ADDRESS OF THE AFFIRMATIVE ACTION OFFICER 17----C -Cd tila oti Horcilimth NY /vex PHONE NUMBER iiomi9G oiY� FAA AIP 3-19-0094-055 (CARES DEV) P-9 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 UTILIZATION STATEMENT Disadvantage Business Enterprise The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner. (Please mark the appropriate box) 4 The bidder/offeror is committed to a minimum of 0% DBE utilization on this contract. The bidder/offeror, while unable to meet the DBE goal of %, hereby commits to a minimum of % DBE utilization on this contract and also submits documentation, as an attachment demonstrating good faith efforts (GFE). The undersigned hereby further assures that the information included herein is true and correct, and that the DBE firm(s) listed herein have agreed to perform a commercially useful function in the work items noted for each firm. The undersigned further understands that no changes to this statement may be made without prior approval from the Civil Right Staff of the Federal Aviation Administration. 1-1 L� c 1.1.� 1/1�a— Date DBE UTILIZATION SUMMARY DBE Prime Contractor DBE Subcontractor DBE Supplier DBE Manufacturer Total Amount DBE DBE Goal Contract Amount $ $ x 1.00= x 1.00= x 0.60 = x 1.00 = DBE Amount Contract Percentage $ ova $ Note: If the total proposed DBE participation is less than the established DBE goal, Bidder must provide written documentation of the good faith efforts as required by 49 CFR Part 26. FAA AIP 3-19-0094-055 (CARES DEV) P-10 Install ARFF Vehicle Exhaust Systems Proposal Fonn Waterloo Regional Airport - 60675091 LETTER OF INTENT Disadvantage Business Enterprise (This page shall be submitted for each DBE firm) Bidder/Offer Name: Address: City: State: Zip: DBE Firm: DBE Firm: Address: City: State: Zip: DBE Contact Person: Name: Phone: ( ) DBE Certifying Agency: Expiration Date: Each DBE Firm shall submit evidence (such as a photocopy) of their certification status. Classification: • • Prime Contractor Manufacturer • ■ Subcontractor Supplier • Joint Venture to Work be performed DBE item(s) by Description of Work Item Quantity Total .., The bidder/offeror is committed to utilizing the above -named DBE firm for the work described above. The estimated participation is as follows: DBE contract amount: $ Percent of total contract: AFFIRMATION: The above -named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By: (Signature) (Title) Note: In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. FAA AIP 3-19-0094-055 (CARES DEV) P-11 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 BUY AMERICAN CERTIFICATION FORM FOR TOTAL FACILITY (Building projects such as Terminal, SRE, ARFF, etc.) As a matter of bid responsiveness, the Bidder or Offeror must complete, sign, date, and submit this certification statement with their proposal. The Bidder or Offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e. not both) by inserting a checkmark (✓) or the letter "X". The Bidder or Offeror hereby certifies that it will comply with 49 USC. 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the Bidder or Offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic products. 3. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The Bidder or Offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either..t Type III or Type IV waiver under 49 USC § 50'10101). By selecting this certification statement, the apparent Bidder or Offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that suppot t the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non- responsive determination may results in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To furnish US domestic product for any waiver request that the FAA rejects. 5. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type III Waiver — The cost of components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the "facility". The required documentation for a Type III waiver is: a) Listing of all manufactured products that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non -domestic products in their entirety). b) Cost of non -domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location. FAA AIP 3-19-0094-055 (CARES DEV) P-12 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 c) Percentage of non -domestic component and subcomponent cost as compared to total "facility" component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location. Type IV Waiver — Total cost of project using US domestic source product exceeds the total project cost using non -domestic product by 25%. The required documentation for a Type IV of waiver is: a) Detailed cost information for total project using US domestic product. b) Detailed cost information for total project using non -domestic product. False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date ‘s).." sS'(enLI-L- Company Name FAA AIP 3-19-0094-055 (CARES DEV) P-13 Install ARFF Vehicle Exhaust Systems Proposal Form Waterloo Regional Airport - 60675091 Buy America Waiver Request Title 49 U.S.C. Section 50101 (b) For Airfield Development Projects funded under the Airport Improvement Program (Revised 4/19/2010) Instructions for Permissible Waivers Section 50101(b)(1) Waiver: The bidder may not request a waiver based upon the best interests of the public. The FAA Office of Airports publishes such waivers at: http://www.faa.gov/airports/aip/procurement/federal contract_provisions/media/buy_americanwaiver.xls Section 50101(b)(2) Waiver: The bidder may not request a waiver based upon insufficient supply of U.S. manufactured. The FAA Office of Airports publishes such waivers at: http://www.faa.gov/airports/aip/procurement/federal_contractprovisions/media/buy_american waiver.xls Section 50101(b)(3) Waiver: The bidder may request a waiver if 60% or more of the components are produced in the United States and final assembly occurs in the U.S. Bidder is hereby advised that the Owner's approval with the bidder's waiver request is contingent upon FAA approval. 1. "Equipment" in Section'50101 shall mean The following: a) Individual type "I." items (Airfield 'bighting Equipment) as listed in FAA Advisory Circular 150/5345-53. b) Individual bid items as established Within FAA Advisory Circular 150/5370-10. The bid item application may not be applied for the type "L"items listed in AC 150/5345-53. c) A waiver request'may only address one specific equipment item. Submit separate requests for each equipment item.for which a waiver. d) Items listed under the Nationwide Waiver do not require further review. Please refer to the following webpage: http://www.faa:gov/airports/aip/procurement/federal_contract_provisions/media/buy_american_waiver.xls 2. The bidder must base the U.S. percentage upon the value that results from completing a component cost calculation table similar to the attached format. Bidder shall avoid mere pro forma efforts to establish the waiver request percentage. The Bidder must submit the component cost calculation table as an attachment to the waiver request. 3. Components/subcomponents are the material and products composing the "equipment". 4. The fmal assembly of the AIP-funded "equipment" must be within the USA (Section 50101(b)(3)(B)). Final assembly is the substantial transformation of the components and subcomponents into the end product. 5. All steel used in the "Equipment" must be produced in the United States. 6. The Buy American requirements apply to all tier contractors and subcontractors. All contractors/subcontractors are required to provide appropriate documentation that indicates origin of manufacturer and percentage of domestic made product. 7. The bidder is hereby advised there is no implied or expressed guarantee that a requested waiver will be issued by the Federal Aviation Administration (FAA). Less than 60% USA component/subcomponent proposed for this facility CANNOT be waived. Products made with foreign steel are not eligible for a waiver. 8. North America Free Trade Act (NAFTA): Free Trade Agreements such as NAFTA do not apply to the AIP. Products and material made in Canada or Mexico must be considered as foreign made products. 9. Preparation of a Component Cost Calculation Table is not necessary for equipment listed on the FAA national listing: http://www.faa.gov/airports/aip/procurement/federal_contract_provisions/media/buy_american_waiver.xls. Bidder however shall submit a listing of any equipment it proposes to install on the project that is included on the National Buy American conformance list. Instructions for Section 50101(b)(4) Waiver: 1. The bidder may request a waiver if application of Buy America preferences results in a 25% cost increase in the overall project. This waiver is rarely applicable. Consult the Owner before making this request. FAA AIP 3-19-0094-055 (CARES DEV) Proposal Form P-14 Install ARFF Vehicle Exhaust Systems Waterloo Regional Airport - 60675091 CA c co •es Cki •st st E PO 'LJ 11 ken II) ,.R,+sa SIO f to 5 c pas PO i1 4 0 6T* 1 ceC A CA 0 z z 0 0 • • • 4-4 ti Cn O '� o O t1 O ti en Q o 0 n L. .9.4 0 ) N N t CS 'CS w L. .o Z N N ty 0 d M i IC„o Cl 0 C) 41 0 Diet ti . z 1 '% w - w tl E E N rN .2 .. _VQ) N 2 al ti ,t:i h N :J 'ill w N O w N w o z co Pti Q( 5 ~ 0 CS L. • . L. e.: • o L y to QItlim v jcu e) z O c, co ti i a( T1Zs tl SkiE 1401 zs 0 tl ti w )8�.oQs Q • • • Equipment Type: Cost of USA Manufactured Components/Subcomponents Cost of Foreign Manufactured Components/Subcomponents O. 0 P 0 0 U Name of Manufacturer Component/Subcomponents 4 4 0 •ir 4) CA 0 V ra 0 e O b u1 U cip Z401^' W 0) l 0 e "" Csi CU Ft 444/ ,b 0) a 4) eL.- O 1 0) 4 ,a la a O Cr 5 Cd ,%a r 15 CLO a) kw 6) Place of Final Assembly: 0 co rug vs( V co0 rci 04 V 6) � cA 0 is Pa .0 U C bA s .E a • 04 gi a) d 4) a 0 0 Ca 1. . c� ) �3 y 0 a4) w C a) o ;t V .0 02 0 I hereby certify the above information is accurate and complete. Bidder's Finn Name Buy America Conformance Listing Title 49 U.S.C. Section 50101 (b) For Airfield Development Projects funded under the Airport Improvement Program • Preparation of a Component Cost Calculation Table is not necessary for equipment listed on the FAA national listing: http://www.faa.gov/airports/aip/procurementffederal contract_provisions/media/buy american waiver.xls • Bidder shall submit a listing of equipment it proposes to install on the project that is included on the current National Buy American conformance list Equipment Type NI S m4. CI km Name of Manufacturer Wax bitty P j to a Product Number Certification Signature: Bidder hereby certifies that the above listed equipment, which we propose for installation on the subject project, are on the current National Buy America Conformance list as established at: http://www.faa.gov/airports/aip/procurement/federal contract_provisions/media/buy american_waiver.xls I hereby certify the above information is accurate and complete. 6, ,st/•)). 1Lu.. i 7-1 14 14. Bidder's Felice Date I Signatu FAA AIP 3-19-0094-055 (CARES DEV) Proposal Form P-16 Install ARFF Vehicle Exhaust Systems Waterloo Regional Airport - 60675091 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: Yes No ❑ Yes f No ❑Yes No ta Yes No Yes No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: Dates: 'ates: / to You may attach additional sheet(s) if needed. / Address: City, State, Zip: / / to / / Address: City, State, Zip: to / / Address: City, State, Zip: -IS if aminassin &Ern' Aar To be completed by non-resident bidders Part C 1. Name of hope state or foreign country reported to the Iowa Secretary of State: NuAl 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? Yes ,No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: \ ; 5.S 1 1 on l -Ct l».4 (Ur tj LL C_ ,ignature: Date: i You must submit the comple ed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. Yes U No My business is currently registered as a contractor with the Iowa Division of Labor. Yes U No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. Yes n No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. Yes U No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. Yes II No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. Yes n No fMy business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. Yes n No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. Yes ❑ No -My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. n Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. Yes 1J No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. Yes 1J No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) BSF-2 CONTRACT FOR INSTALL ARFF VEHICLE EXHAUST SYSTEMS FAA AIP 3-19-0094-055 (CARES DEV) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA THIS AGREEMENT, made and entered into this )---FA day of �L Z{ , 2022.by and between the Waterloo Regional Airport for the City of Waterloo Black Hawk County, Iowa, hereinafter referred to as the "Owner" and _ 5 �in s o:, kJ t e ltcAtioiv& it 1 Lt.c dJ4 �1 � D, tk j ci /tv Sisk, s (a corporation organized and existing under the laws of the State of AN ), (a partnership consisting of - ) (an individual trading as ) of , in the State of '�y , hereinafter referred to as the "Contractor." WITNESSETH: That the Contractor for and in consideration of ($ 27► )04r 0 (2 ), 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 and Specifications therefore, and in the location designated on the Plans, the various items of work awarded said Contractor on the l C. 'it day of iattc4,avb ^-/ , 20 Lis follows, being numbered 1 as shown in schedule of prices bid in the attached 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 tc:a ti,b.c,- 1 j , 20 2-2_ 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, 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, and Contract Documents. 4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" for the Waterloo Regional Airport, FAA Project Nos. 3-19-0094-055 Install ARFF Vehicle Exhaust Systems 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. 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. FAA AIP 3-19-0094-055 (CARES DEV) C-1 Install ARFF Vehicle Exhaust Systems Contract Waterloo Regional Airport - 60675091 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. s at it is further understood and agreed by the parties to this Contract that the abo eneed within - 'roceed" and shall be I i•plete ring to the terms of the entire contract within nine 90 s fry .: e a dil tice to Proceed. Failure to complete within the allotted time . ' in assessment of liquidated damages in the amou alendar day for each da excess of the authorized contract time. ays. calendar da 10. Contractor and Owner understand and agree that time is of essence for completion of the Work and that the Owner er additional expense and financial loss if said work is not completed wit • ' ' - authorized Contract Time u - ore, the Contractor and Owner recognize and un s - : e difficulty, delay, and expense in establishing the - : amount of actual financial loss an. • ; • tonal expense. Accordingly, in place of requiring such proof, the Contractor - - ssly agrees t s • e Owner as liquidated damages the non -penal sum of $500.00 per day for each calendar day requ -t. - - . cess of the authorized Contract Time for the overall contract. Furthermore, the Contracto - i erstands and agrees that: a. the Owne • s the right to deduct from any moneys due the Contractor, the amoun . • :.. liquidated damages. b e Owner has the right to recover the amount of said liquidated damages from the Contractor, Surety, o qfh. 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.OFR 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 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. FAA AIP 3-19-0094-055 (CARES DEV) C-2 Install ARFF Vehicle Exhaust Systems Contract Waterloo Regional Airport - 60675091 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. IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed to this and three other instruments of like tenor, as of the day of , 20. ATTEST: Secretary CITY OF WATERLOO By Mayor CONTRACTOR By Witness Witness -Co / Q4 l.�-d ( '1!, L L t AinName Signature 4is2aa& Title lS0 Sclu✓v/&u1,� /ftls, Business Address FAA AIP 3-19-0094-055 (CARES DEV) C-3 Install ARFF Vehicle Exhaust Systems Contract Waterloo Regional Airport - 60675091 PERFORMANCE BOND OW ALL MEN BY THESE PRESENTS: That we, , asPRINCIP £ ,aLsoreferred to a • CONTRACTOR, and , as SURETY, are d and firmly boununto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, ' the full sum of ($ ) for the payme of which, well and truly to e made, we bind ourselves, our heirs, executors, administrators, successors and assigns, j ' tly and severally, by these pre - nts. WHEREAS, . e above -bound Principal has entered into a contract with the OWNER da d the day of _ , 20_, for improvements at the Waterloo Regiona Airport, which includes: The FAA 3- ! -0094-055 (CARES DEV) Install ARFF Vehicle Exhaust S tems project which consists of the purchase nd installation of two (2) Ward NO SMOKE 2 vehicle exaust filtration systems. These filtration systems : e custom installations that apply a porous ceramic c • • • lyst designed to reduce gaseous matter from diesel haust. This work and all other incide als shall be performed as shown on the NOW, THEREFORE, the conditio fully comply with the terms and condi of warranties and/or guarantees for wor of time beyond completion of said contrac specifications, and shall indemnify and save process, composition or anything which is pate claims for damages by reason or any default or n Agents in and about the performance of said contras comply with and perform any and all warranties an be void; otherwise of full force and effect. PROVIDED, further than upon either the defa and efficiently prosecute said Work, in an SURETY shall either remedy the default o at his own expense, pursuant to its terms under said contract. It shall be the duty of the SURET receipt of a declaration of defa perform the contract promptly on which the remedy or perf writing to the OWNER im and/or correction of eac performance of the co promptly remedy the In the event said also fail to act p given, both to SURETY d be done a hereby a of this obligation are such that ons of said contract, includ anship and materials nd such alternati e OWNER d, and I lig rawings and described in the Specifications. the above -bound PRINCIPAL shall faithfully and g, but not limited to, any obligations created by way ich warranty and/or guarantee may extend for a period s or additions as may be made therein or in the plans and rmless againstany claims for using any form. of material, ewise indemnifyand save the OWNER harmless against all ice, want of skill or care on the part of said PRINCIPAL or nd:shall comply with all laws pertaining to said work, and shall r ..arantees provided for in said contact, then this obligation shall t of the MIN respect, in accord the PRINCIPAL or sha eceiving, however, any ba AL, or the failure of the said PRINCIPAL to promptly ce with the Contract Documents, the above bound take charge of said Work and complete the Contract ce of the funds in the hands of said OWNER due to give an unequivocal notice in writin of the SURETY'S election either to rem ime being of the essence. In said notice of elec ance will commence, and it shall be the duty of ediately upon completion of (a) the remedy and/or corr item of condemned work, (c) the furnishings of each o act. The SURETY shall not asset solvency of its PRINCIP efault or defaults or perform the contract. to the OWNER within ten (10) days after y the default or defaults promptly or to n, the SURETY shall indicate the date e SURETY to give prompt notice in ction of each default, (b) the remedy 'tted item of work, and (d) the as justification for its failure to CIPAL shall fail or delay the prosecution and completion of said Wo mptly as hereinabove provided, then the OWNER shall cause ten (10) days said PRINCIPAL and SURETY, and at the expiration of said ten (10) days, of proceed promptly to execute said Contract, the OWNER shall have the authority when the same is completed and the cost thereof estimated, the said PRINCIPAL an ree to pay any excess in the cost of said Work above the agreed price to be paid under sal and said SURETY shall otice of such failure to be said PRINCIPAL or o cause said Work to URETY shall and Contract. Upo ompletion of said Contract pursuant to its terms, if any funds remain due on said Contract, the sa c shall be paid to said PRINCIPAL and SURETY. N� FAA An' 3-19-0094-055 (CARES DEV) Contract C-4 Install ARFF Vehicle Exhaust Systems Waterloo Regional Airport - 60675091 The said PRINCIPAL and SURETY further agree as part of this obligation to pay all such damage f any kind to person or property that may result from a failure in any respect to perform and complete said Contract i Eluding, but not limited t• all repair and replacement costs necessary to rectify construction error, architectural and epgineering costs and fees, all sut not limited to) consultant fees, all testing and laboratory fees, and all legal fees an litigation costs incurred by the • ER. The deci ' . n of the OWNER, upon any disputed question connected with the execu i6n of said Contract, or any failure or delay in e e prosecution of the Work by said PRINCIPAL or SURETY, shall 6 final and conclusive. The SURETY a ees that, other than as is provided in this bond, it may not dpfnand of the OWNER the OWNER shall (a) perform any th ' : or act, (b) give any notice, (c) furnish any clerical assWance, (d) render any service, (3) furnish any papers or documents, . r (f) take any other action of any nature or descript;dn which is not required of the OWNER to be done under the contrac . documents. IN WITNESS WHEREOF, e SURETY and PRINCIPAL have a $cuted this instrument under their several seals this day of , 20_, the ' 6me and corporate seal of each corporate party being hereto affixed, and these presen duly signed by its undersign d representative, pursuant to authority of its governing body. IN THE PRESENCE OF: Witness Witness PRINCIPAL: By: SURETY: By: NOTE: (a) Where the Perfance Bond is executed by an attorney-' -fact, there shall be attached to each copy of the Bond a ce ' ified copy of Power of Attorney properly e , cuted and dated. (b) Each copy • f the Bond shall be countersigned by an authorized to do bus' ess in the State of Iowa. The title of the person count his or - r signature. ent of the bonding company licensed igning the Bond shall appear after (c) The . eal of the bonding company shall be attached to each copy of the n (d) T e Contractor's signature on the bond shall correspond with the signature i the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combin: ' with the corporate resolution granting the signing officer authority to execute contracts) granting the co orate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current 'st (Circular 570 as amended) and be authorized to transact business in the State of Iowa. FAA AIP 3-19-0094-055 (CARES DEV) Contract C-5 Install ARFF Vehicle Exhaust Systems Waterloo Regional Airport - 60675091 PAYMENT BOND KNOW` I L MEN BY THESE PRESENTS: That we, , .�. PRINCIPAL, also referred to a ONTRACTOR, and , as SURETY are held and firmly bound unto Wa loo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as 0 /1 R, in the full sum of' ($ ), for the use and pro - ction of said OWNER and all subcontractors and a . ersons supplying labor, materials, machinery and equipment f . the performance of the work provided for in the contra . hereinafter referred to, for the payment of which, wel and truly to be made, we bind ourselves, our heirs, executors, . dministrators, successors and assigns, jointly an• everally, by these presents. WHEREAS, the above -bound Prince s .1 has entered into a contract with the day of The FAA 3-19-0094-055 (CARES DE of the purchase and installation of two (2) filtration systems are custom installations that matter from diesel exhaust. ER dated the 20_, for improvements at - aterloo Regional Airport, which includes: Install ARFF Veh' ' e Exhaust Systems project which consists rd NO SMO 2 vehicle exhaust filtration systems. These ly a p . . us ceramic catalyst designed to reduce gaseous This work and all other incidentals shall be performe s . s sho on the Drawings and described in the Specifications. NOW, THEREFORE, the condition of this oblig. on is such that i e above -bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defi , for all labor and m. erials supplied in the prosecution of the work provided for in said Contract, then this obli: a Lion shall be void; otherwis it shall remain in full force and effect, subject, however, to the following conditions: 1. The said SURETY to this bo d, for value received, hereby stipulates anagrees that no change or changes, extension of time or extensi r s of time,•alteration of alterations or addition or . , ditions to the terms of the contract or to the work to be perfo ed thereunder, or the specifications or drawings acco ' . anying same shall in any wise affect its obligation on is bond, and:ittloes hereby waivenotice of any such chang or changes, extension of time or extensions of time . Iteration or alterations or addition or additions to the terms oft e contract or to the work or to the specificatio . or drawings. 2. A claimant is . - fined as any subcontractor and any person supplying labor, materials, mach the prosecu on of the work provided for in said contract. Signed and aled this day of , 20. ery, or equipment in FAA AIP 3-19-0094-055 (CARES DEV) Contract C-6 Install ARFF Vehicle Exhaust Systems Waterloo Regional Airport - 60675091 THE PRESENCE OF: Witness Witness PRINCIPAL: By: SURETY: By: NOTE: (a) Where the Payment Bo d is executed by an atto - y-in-fact, there shall be attached to each copy of the Bond a certified copy of 'ower of Attorney p •perly executed and dated. (b) Each copy of the Bond shall be bountersi: ed by an authorized agent of the bonding company licensed to do business in the State of Iowa. title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding,compa► shall be attached to each copy of the bond. (d) The Contractor's signature • n the bond shall correspond with the signature in the contract. (e) The bond shall be acc • .waned by a corporate resolution (which may be combined with the corporate resolution granting e signing officer authority to execute contracts) granting the corporate officer who executes:the Bon • the authority to do so. (0 Surety comp. ies executing bonds must appear on the Treasury Department's most current list (Circular 570 as ame ded) and be authorized to transact business in the State of Iowa. FAA AIP 3-19-0094-055 (CARES DEV) Contract C-7 Install ARFF Vehicle Exhaust Systems Waterloo Regional Airport - 60675091 PART 1 FEDERAL CONTRACT PROVISIONS FOR CONSTRUCTION AND EQUIPMENT PROJECTS SUPPLEMENTARY PROVISIONS PART A e FEDERAL CONTRACT PROVISIONS FOR CONSTRUCTION AND EQUIPMENT CONTRACTS APPLICATION OF REFERENCES ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "BIDDER", AND "OFFEROR" SHALL PERTAIN TO THE PRIME CONTRACTOR. ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR" SHALL PERTAIN TO ANY AND ALL SUBCONTRACTORS UNDER CONTRACT WITH THE PRIME CONTRACTOR OR A SUBCONTRACTOR. ALL REFERENCES MADE HEREIN TO "CONSULTANT" SHALL PERTAIN TO ARCHITECT/ENGINEER (A/E) UNDER CONTRACT WITH THE SPONSOR. ALL REFERENCES MADE HEREIN TO "SUBCONSULTANT" SHALL PERTAIN TO ANY AND ALL SUBCONSULTANTS UNDER CONTRACT WITH THE A/E. ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO THE STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS WITH THE PRIME CONTRACTOR AND/OR THE A/E. PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS 3 BUY AME.RIC.AN PREFERENCE 3 CIVIL RIGHTS — GENERA!_. 3 CIVIL_ RIGHTS — TITLE VI ASSURANCES 3 DISADVANTAGED BUSINESS ENTERPRISE 6 ENERGY CONSERVATION REQUIREMENTS 7 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 7 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 8 RIGHT TO INVENTIONS 8 SEISMIC SAFETY 8 TAX DELINQUENCY AND FELONY CONVICTIONS 8 TRADE RESTRICTION CERTIFICATION 9 VETERAN'S PREFERENCE 10 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $2,000 COPELAND "ANTI -KICKBACK' ACT 11 DAVIS-BACON REQUIREMENTS 11 Page 1 of 30 Revised June 19, 2018 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $3,500 DISTRACTED DRIVING 17 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 AFFIRMATIVE ACTION REQUIREMENT 17 EQUAL EMPLOYMENT OPPORTUNITY (EEO) 18 PROCUREMENT OF RECOVERED MATERIALS 24 PROHIBITION OF SEGREGATED FACILITIES 24 TERMINATION OF CONTRACT 25 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION 27 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 27 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 28 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 BREACH OF CONTRACT TERMS 29 CLEAN AM AND WATER POLLUTION CONTROL 29 Page 2 of 30 Revised June 19, 2018 PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS Reference: 2 CFR § 200.333, 2 CFR § 200.336, and FAA Order 5100.38 The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the Contractor, which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not Tess than three years after final payment is made and all pending matters are closed. BUYAMERICAN PREFERENCE Reference: 49 USC § 50101 The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States unless the Federal Aviation Administration (FAA) has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal -Acquisition ,Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivets Issued list. A.Bidder or Offeror must complete and submit the Buy America .certification included herein with their bid or offer. The Owner will reject as nonresponsive any:bid or offer that does not include a completed Certificate of Buy American Compliance. CIVIL RIGHTS -GENERAL Reference: 49 USC § 47123 The Contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. CIVIL RIGHTS -TITLE VI ASSURANCES Title VI Solicitation Notice The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in Page 3 of 30 Revised June 19, 2018 response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Compliance with Nondiscrimination Requirements During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes Consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to he performed.under a subcontract, including procurements of materials, or leases,of equipment, each potential subcontractor or supplier will be notified by the Contractor of the:Contractor's:oblrgations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. information andcReports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to iti -books, records, accounts, other sources of information, and its %#acilities as may:be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such Page 4 of 30 Revised June 19, 2018 provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR Part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation —Effectuation of Title VI of The Civil Rights Act of 1964), • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; o The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982,:(49 USC § 471, Section .47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex), ® The Civil Rights Restoration Act of 1987, (PL 1•00-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of .1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Page 5 of 30 Revised June 19, 2018 • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). DISADVANTAGED BUSINESS ENTERPRISE Reference: 49 CFR Part 26 Solicitation Language (Project Goal) Information Submitted as a matter of bidder responsiveness: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. As a condition of bid responsiveness, the Bidder or Offeror must submit the following information with their proposal on the forms provided herein: 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A 'scription of the work that each DBE firrn will perform; 3) The dollar amount of the participation of each DBE firm listed under (1) 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firrn(s) listed under (1) to meet the Owner's project goal; 5) If Bidder or Offeror cannot meet the advertised project DBE goal; evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR Part 26. Information submitted as a matter of bidder responsibility: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in its commitment within five (5) days after bid opening. 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1) 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; and 5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. Page 6 of 30 Revised June 19, 2018 Race/Gender Neutral The requirements of 49 CFR Part 26 apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Contract Assurance (§ 26.13) The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of U.S. Department of Transportation -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. Prompt Payment (§26.29) The Prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty'(30) calendar days from the receipt of each payment the Prime Contractor receives from the Owner. The Prime Contractor agrees further to return retainage payments to each subcontractor within thirty (30) calendar days after the subcontractor's work is satisfactorily completed. Any delay or postponement af;payment from the above referenced time frame may occur only for good cause followrng.written approval of the Owner. This clause applies to both DBE and non -DBE subcontractors. ENERGY CONSERVATION REQUIREMENTS Reference: 2 CFR § 200 Appendix II(H) Contractor and Subcontractor(s) agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq). FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) Reference: 29 USC § 201, et seq. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR Part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. Page 7 of 30 Revised June 19, 2018 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Reference: 20 CFR Part 1910 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employe must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. RIGHT TO INVENTIONS Reference: 2 CFR § 200 Appendix II(F) and 37 CFR §401 Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR Part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must include this requirement in all sub -tier contracts involving experimental, developmental or research work. SEISMIC SAFETY Reference: 49 CFR Part 41 The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. TAX DELINQUENCY AND FELONY CONVICTIONS Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76) and DOT Order 4200.6 The Contractor certifies: 1) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Page 8 of 30 Revised June 19, 2018 2) It is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. A felony conviction is a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. The Contractor agrees to incorporate the above certification in all lower tier subcontracts. TRADE RESTRICTION CERTIFICATION Reference: 49 USC § 50104 and 49 CFR Part 30 By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror: 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country.included on the list of countries that discriminate against U .S. firms published by the U.S.T.R. 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. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 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 an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U .S.T.R. or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or 3) who incorporates in the public works project any product of a foreign country on such U .S.T.R. list; 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 Page 9 of 30 Revised June 19, 2018 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. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the Federal Aviation Administration. VETERAN'S PREFERENCE Reference: 49 USC § 47112(c) In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Page 10 of 30 Revised June 19, 2018 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $2,000 COPELAND "ANTI -KICKBACK' ACT Reference: 2 CFR § 200 Appendix II(D) and 29 CFR Parts 3 and 5 Contractor must comply with the requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. DAVIS-BACON REQUIREMENTS Reference: 2 CFR § 200 Appendix II(D) and 29 CFR Part 5 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of arty contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (A) thru (D) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under Page 11 of 30 Revised June 19, 2018 the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the contracting officer within the thirty (30)-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within Thirty (30) days of receipt and so advise the contracting officer or will notify the contracting officer within the thirty (30)-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) deterrnined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding Page 12 of 30 Revised June 19, 2018 The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include•the amount,of .any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) thru (D) (A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The Prime Page 13 of 30 Revised June 19, 2018 Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Prime Contractor to require a subcontractor to provide addresses and social security numbers to the Prime Contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i) and that such information is correct and complete; (2) Each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as se :'forth in Regulations 29 CFR Part 3; (3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specifietU in the applicable wage determination incorporated into the contract. (C) The weekly: submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees (i) Apprentices Page 14 of 30 Revised June 19, 2018 Apprentices will be permitted to work at Tess than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first nintey (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less.than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymentiourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the .provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that .a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the Page 15 of 30 Revised June 19, 2018 full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not Tess than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and•such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include - these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by:any.subcontrac-tor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility Page 16 of 30 Revised June 19, 2018 (i) 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). (ii) 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). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $3,500 DISTRACTED DRIVING Reference: Executive Order 13513 and DOT Order 3902.10 In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging While driving when performing work related to a grant or sub -grant. In ‘support of this initiative, the Owner encourages the. Contractor to;promote policies and initiatives for its employe es and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 AFFIRMATIVE ACTION REQUIREMENT Reference: 41 CFR Part 60-4 and Executive Order 11246 1. The Bidder's or Offeror's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables: Goal: Goals for minority participation for each trade: 4.70% Goals for female participation in each trade: 6.9% Page 17 of 30 Revised June 19, 2018 These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or federally -assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcon.t-r actor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the.teographical area in which the subcontract is to'.be performed. 4. As used frl this noticecand in the contract resulting from this solicitation, the "covered area" is: State lowa County Black Hawk City Waterloo EQUAL EMPLOYMENT OPPORTUNITY (EEO) Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, and Executive Order 11246 Equal Opportunity Clause During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Page 18 of 30 Revised June 19, 2018 (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1.1246 of September 24, 196S,4or by rule, regulation, or order of the Secretary of tabor, oras otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in everysuhcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Standard Federal Equal Employment Opportunity Construction Contract Specifications 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: Page 19 of 30 Revised June 19, 2018 (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able toidemonstrate their participation in and compliance with the provisions of any such Hometown Plan Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the Nan goals and Timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7.a through 7.p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training Page 20 of 30 Revised June 19, 2018 period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female,referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, Page 21 of 30 Revised June 19, 2018 termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the n ews media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community o rganizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and e mployment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is,an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of ali minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare far, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and e mployment related activities to ensure that the EEO policy and the Contractor's obligations u nder these specifications are being carried out. n . Ensure that all facilities and company activities are non -segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female Contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7.a through 7.p). The efforts of a Contractor association, joint Contractor union, Contractor community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its o bligations under 7.a through 7.p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the e mployment of minorities and women in the industry, ensures that the concrete benefits of the Page 22 of 30 Revised June 19, 2018 program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its oblig ttions under these specifications, shall implement specific affirmative action steps, at !east as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from:its efforts to ensure equal employment opportunity. If the Contractor fails toioomply with thetrequirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 23 of 30 Revised June 19, 2018 PROCUREMENT OF RECOVERED MATERIALS Reference: 2 CFR § 200.322, 40 CFR Part 247, and Solid Waste Disposal Act Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or, b) The Contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA -designated items is available at: https://www.epa.gov/smm/comprehensive-procurement-guidelines-construction-products Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the Contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. PROHIBITION OF SEGREGATED FACILITIES Reference: 41 CFR § 60 (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking Tots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. Page 24 of 30 Revised June 19, 2018 TERMINATION OF CONTRACT Reference: 2 CFR § 200 Appendix II(B) and FAA Advisory Circular 150/5370-10, Section 80-09 Termination for Convenience (Construction & Equipment Contracts) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession. Owner agrees to pay Contractor for: 1) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; 2) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; 3) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and 4) reasonable and substantiated expenses to the Contractor directly attributable to Owner's termination action Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. Termination for Default (Construction) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights and remedies associated with Owner termination of this contract due to default of the Contractor. Termination for Default (Equipment) The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor: Page 25 of 30 Revised June 19, 2018 1. Fails to commence the Work under the Contract within the time specified in the Notice- to - Proceed; 2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; 3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved extensions; 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or 6. Becomes insolvent or declares bankruptcy; If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the Owner's discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within ten (10) days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment. Payment fo.r completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be;nccessary to protect the Owner against loss because of Contractor default. Owner will not terminate the Contractor's right to proceed with the Work under this clause if the delay in completing the work arises from:unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the Owner, acts of another Contractor in the perforrnance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location. If, after termination of the Contractor's right to proceed, the Owner determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the Owner issued the termination for the convenience the Owner. The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract. Page 26 of 30 Revised June 19, 2018 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION Reference: 2 CFR Part 180 (Subpart C), 2 CFR Part 1200, DOT Order 4200.5 Certification of Bidder/Offerer Regarding Debarment By submitting a bid/proposal under this solicitation the Bidder or Offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Certification of Lower Tier Contractors Regarding Debarment The successful Bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful Bidder will accomplish this by: 1. Checking the System for Award Management at website: https://www.sam.gov. 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the Federal Aviation Administration (FAA) later determines that a lower tier participant failed to disclose to a higher tier participaid: that it was excluded or disqualified at the time it entered the covered.transactien, the FAA may:pursue any available remedies, including suspension and • debarment of the non -compliant participant. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR § 200 Appendix II (E) 1. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not Tess than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for Page 27 of 30 Revised June 19, 2018 liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Prime Contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. LOBBYING AND INFLUENCING FEDERAL EMd i OYEES Reference: 31 U.S.C. § 1352 — Byrd Anti -Lobbying Amendment, 2 CFR part 200, Appendix II(J), and 49 CFR part 20, Appendix A CERTIFICATION REGARDING NG LOBBYING The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) 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 contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts Page 28 of 30 Revised June 19, 2018 under grants, loans, and cooperative agreements) and that all sub -recipients 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 $100,000 for each such failure. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 BREACH OF CONTRACT TERMS Reference: 2 CFR § 200 Appendix II(A) Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner's notice will identify a specific date by whsd h the Contractor must correct the breach. Owner may proceed with termination,. of the contract if the Contractor fails to correct the breach by deadline indicated in the Owner's notice. The duties -and obligations imposed by the Contract Documents il 3d the rights.and remedies available thereunder are in addition to, and not a limitation of, arq duties, obligations, rights.and remedies otherwise imposed or available by law. CLEAN AIR AND WATER POLLUTION CONTROL References: 2 CFR § 200 Appendix II(G) Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. The Contractor agrees to incorporate the above certification in all lower tier subcontracts that exceed $150,000. Page 29 of 30 Revised June 19, 2018 PAGE INTENTIONALLY LEFT BLANK Page 30 of 30 Revised June 19, 2018 PART 3 DEPARTMENT OF LABOR WAGE DETERMINATION "General Decision Number: IA20220062 09/02/2022 Superseded General Decision Number: IA20210062 S tate: Iowa Construction Type: Building County: Black Hawk County in Iowa. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive O rder 13658. P lease note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5. 1 (a) (2) - (60) . If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: If the contract was awarded on or between January 1, 2015, and January 29, 2022, and the contract is not renewed or extended on or * Executive Order 14026 generally applies to the contract. • The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. *Executive Order 13658 generally applies to the contract. • The contractor must pay all covered workers at least i after January 30, 2022: $11.25 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/11/2022 2 02/18/2022 3 02/25/2022 4 04/22/2022 5 06/17/2022 6 07/08/2022 7 08/05/2022 8 09/02/2022 BOIL0083-009 01/01/2021 Rates Fringes BOILERMAKER $ 41.52 30.36 * BRIA0003-006 05/01/2022 Rates Fringes TILE SETTER $ 25.54 16.32 BRIA0003-026 05/01/2019 2 BLACK HAWK, BREMER, BUCHANAN, BUTLER, GRUNDY, HARDIN, MARSHALL AND TAMA COUNTIES Rates Fringes BRICKLAYER $ 27.01 14.25 ELECO288-002 05/30/2022 Rates Fringes ELECTRICIAN $ 32.39 13.87 ELEV0033-002 01/01/2022 Rates Fringes ELEVATOR MECHANIC $ 49.49 36,885+a+b FOOTNOTES: A. Employer contributes 8% of regular basic hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for employees with less than 5 years of service. B. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after Thanksgiving; & Christmas Day. ENGI0150-048 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR Class 1 (B) Backhoe/Excavator/Trackhoe; Trackhoe; Loader; Paver (All types); Roller. $35.50 34.75 Class 3 Bobcat/Skid Steer/Skid Loader$ $31.80 34.75 3 *IRON0089-002 05/01/2022 Rates Fringes IRONWORKER (Ornamental) $31.50 21.50 IRONWORKER (Structural) $31.50 21.50 IRON0111-002 07/01/2022 Rates Fringes IRONWORKER (Reinforcing) $35.00 29.31 LABO0309-010 05/01/2022 Rates Fringes LABORER (Pipelayer) $26.36 24.30 PAIN0447-001 05/01/2019 Rates Fringes PAINTER (Brush and Roller) $24.95 9.90 SFIA0669-002 01/01/2022 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $37.58 24.69 *SUTA2016-037 07/19/2016 Rates Fringes BRICKLAYER $24.90 9.60 CARPENTER $20.51 8.12 CEMENT MASON/CONCRETE FINISHER $20.74 4.16 INSULATOR: Mechanical (Duct, Pipe and Mechanical System Insulation) $23.28 8.91 4 LABORER: Common or General $14.68 **2.51 LABORER: Mason Tender - Brick$19.39 8.17 O PERATOR: Bulldozer $26.13 13.56 OPERATOR: Crane $24.15 8.10 OPERATOR: Forklift $22.96 7.49 PAINTER: Spray $19.76 9.05 P IPEFITTER, Includes HVAC P ipe Installation $20.95 9.00 PLUMBER $25.05 8.97 ROOFER $21.92 5.07 SHEET METAL WORKER, Includes HVAC Duct and Unit Installation$22.95 9.66 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a h igher minimum wage under Executive Order'14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, t he contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for t heir own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the 5 employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government- contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four-letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. S urvey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in t he survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: S ULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect u ntil a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate t hat no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted u nion average rate. OH indicates the state. The next n umber, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates u nder that identifier. A UAVG rate will be updated once a year, usually in January o f each year, to reflect a weighted average of the current n egotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action). can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice 8 material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" 9 AECOM AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com ADDENDUM NO. 1 TO THE QUOTE PACKAGE FOR INSTALL ARFF VEHICLE EXHAUST SYSTEMS FAA AIP 3-19-0094-055 (CARES DEV) WATERLOO REGIONAL AIRPORT WATERLOO, IOWA AECOM #60675091 Date: December 12, 2022 Bids Close: December 15, 2022, 1:00 p.m. TO ALL QUOTE PROVIDERS ON THE ABOVE PROJECT: 319-232-6531 tel 319-232-0271 fax All quote providers submitting a quote on the above contract shall carefully read this Addendum and give it consideration in the preparation of their quote. I. The following are call -out edits for the Proposal: 1. Page P-1, Item 3, the Invitation for Bids blank should reflect the Engineer's Certification date shown on the inside cover of the specifications. Please insert November 23, 2022, in this blank. 2. Ariicle 10 of the Proposal, on page P-3 Line through the reference to the Bid Beru1. "If funding is not received, bid bonds -will -be -returned to all biddors and the project will be postponed." 3. Article 25 of the Proposal, Attachment to This Bid, on page P-6: Delete Item a. A Bid Guaranty is not required. ll. Attachments: None M. Any revisions or clarifications to the Quote Package made by this Addendum shall be considered as the same revision or clarification to any and all related areas of the Quote Package not specifically called out in this Addendum. IV. The quote provider shall acknowledge receipt of this Addendum by inserting the Addendum number and date in the spaces provided on page P-1 of the PROPOSAL FORM. Failure to insert the appropriate Addendum number(s) and date(s) for any and all Addenda issued on this project could cause your submittal to be considered non -responsive. David B. Hughes, PE Project Manager AECOM david.hughes©aecom.com L:1DCS\Prorects\TRN160675091_FY_2021_CARES_Act_Project1400_Technical1424_QUOTE PACKAGE - NO SMOKE SYSTEM\ADDENDUM 1 - ARFF Exhuast System - 12- 12-20221ADDENDUM NO 1.docx • 1