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HomeMy WebLinkAboutModern Builders Inc.Modern Builders, Inc. 201 Main Street P.O. Box 418 Janesville, IA 50647 Modern Builders, Inc. 201 Main Street P.O. Box 418 Janesville, IA 50647 Bid Security: Hagar No. 4, Waterloo Regional Airport (Mold Remediation) FAA AIP 3-19-0094-048 Waterloo, Iowa Bid Proposal: Hangar No. 4 -Waterloo Regional Airport (Mold Remediation) FAA-AIP-3-19-0094-048 City of Waterloo Waterloo, IA \LC Revised Per Addendum No. 1 — 1/19/2024 Revised Per Addendum No. 2— 1/23/2024 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: • HANGAR NO. 4 (Mold Remediation) FAA AIP PROJECT NO. 3-19-0094-048 ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY TOTAL QUOTE PRICE UNIT QUOTE PRICE 1 CEILING TILE REMOVAL SF 4,850.0 $ 3, 51 $ 17,024. $ 7.781. 2 CARPET REMOVAL SF 1,050.0 $ 7f i 41 3 WALI. PANELING REMOVAL (SW OFFICE AREA) SF 1,160.0 $ 5.03 $ 5,835. 4 WALL SURFACE TREATMENT SF 9,250.0 $ 3.21 $ 29,693. 5 WALL PAINT SF 9,250.0 $ 3.06 $ 28,305. 6 DRYWALL REPLACEMENT SF 900.0 $ 10.74 $ 9,666. 7 ASBESTOS"PES ING LS 1.0 $925.00 $ 925. TOTAL $ 99,229. 4. The undersigned understands that the above quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating the bids. All quantities are subject to increase or decrease and are to be performed at the unit prices stipulated herein. 5. It is understood that the schedule of minimum wage rates, as established by the Secretary of Labor and included in the Specifications, are to 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. 6. The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract zero (0%) percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. The apparent successful competitor will be required to submit information concerning the DBE's that will participate in the contract. The information will include the name and address of each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. In the event that the apparent successful competitor for this solicitation qualified as a DBE, the contract goal shall be deemed to have been met. A bid that fails to meet these requirements will be considered nonresponsive. 7. The undersigned certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking 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 FAA AIP 3-19-0094-048 P-2 Hangar No, 4 - Mold AECOM Project 1160675091 Waterloo Regional Airport - 60675091 Revised Per Addendum N 1 — 1/19/2024 Revised Per Addendum No, 2 t/23/2024 subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. 8. The undersigned understands, award of contract is contingent upon receipt of project funding from the Federal Aviation Administration. If funding is not received, the project will be postponed. 9. 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 thirty (30) 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. 10. The undersigned agrees that within 30 days after award of this contract, the Contractor/Subcontractor shall file a compliance report (Standard Form 100) if s/he has not submitted a complete compliance report within 12 months proceeding the date of award. This report is required if the Contractor/Subcontractor meets all of the following conditions: a. Contractors/Subcontractors are not exempt based on 41 CFR 60-1,5. b. Has 50 or more employees. c. Is a prime contractor or first tier subcontractor. d. There is a contract, subcontract, or purchase order amounting to $50,000 or more. 11. 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)). e. 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. 12. 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 FAA AIP 3-19-0094-048 P-3 Hangar No. 4 - Mold AECOM Project 460675091 Waterloo Regional Airport- 60675091 Revised Per Addendum No. I — 1/19/2024 Revised rer Addendum No. 2 — 1/23/2024 foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor 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 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. 13. The bidder/offeror certifies, by submission of this proposal or acceptance of 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 further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal. 14. 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)(I ). 15. 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). 16. 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. 17. 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. 18. 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. FAA AIP 3-19-0094-048 P-4 Hangar No. 4 - Mold AHCOM Project 1160675091 Waterloo Regional Airport-60675091 Revised l'er Addendum No, t— 1/19/2024 Revised Per Addendum No. 2 — 1/23/21124 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. 19. BUY AMERICAN CERTIFICATE (Title 49 U.S.C. Chapter 501) As a condition of bid responsiveness, the bidder must how it intend to comply with the Buy American preferences established under Title 49 U.S.C. Section 50101. Bidder must complete the attached Buy American certification. If the bidder requests a permissible waiver to the Buy America requirements, the Bidder identified as with the successful bid must submit a formal waiver request and component cost calculation within the prescribed time identified on the Buy America certification. 20. 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 etployees about -- (a) The dangers of drug abuse in the workplace. (b) The Contractor's policy of maintaining a drug -free workplace. (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph a. (1) of this provision. (4) Notify such employees in writing in the statement required by subparagraph a.(1) of this provision that, as a condition of continued employment on the contract resulting from this solicitation, the employee will -- (a) Abide by the terms of the statement; and (b) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction. Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision a. (4) (b) of this provision, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; and (3) (5) FAA AIP 3-19-0094-048 P-5 hangar No. 4 - Mold AECOM Project H60675091 Waterloo Regional Airport - 60675091 Revised l'er Addendum No. 1 — 1/19/2024 Revised Per Addendum No. 2— 1/23/2024 (6) Within 30 calendar days after receiving notice under subdivision a.(4)(b) of this provision of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace. (a) Take appropriate personnel action against such employee, up to and including termination; or (b) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain a drug -free workplace through implementation of subparagraphs a. (1) through a. (6) of this provision. b. By submission of its offer, the offeror, if an individual who is making an offer of any dollar value, certifies and agrees that other offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation. c. Failure of the offeror to provide the certification required by paragraphs a, or b. of this provision, renders the offeror unqualified and ineligible for award. [See FAR 9.104-1(g) and 19.602-1a.(2)(a)]. d. In addition to other remedies available to the Government, the certification in paragraphs a, or b. of this provision concerns a matter within the Jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under title 18, United States Code, Section 1001, 21. Attachment to This Bid. The following documents are attached to and made a part of this Bid: a. Non -Collusion Affidavit of Prime Bidder. b. Statement of Intent — Non -Discrimination and Equal Opportunity Statement. c. Buy American Certification Statement. d. Synopsis of Experience Record. (IDOT Certification may be substituted.) e. Completed DBE forms "Utilization Statement" and "Letter of Intent." 22. The Bidder shall indicate whether the bid is submitted by a/an: ❑ Individual, Sole Proprietorship ❑ Partnership CS Corporation ❑ Joint -venture: all parties must join -in and execute all documents ❑ Other Respectfully submitted, By wider, Signature Rk Stensland President Title 201 Main Street, PO Box 418 Address Janesville, IA 50647 (Include Zip Code) 319/987/2911 Telephone No. FAA AIP 3-19-0094-048 P-6 Hangar No. 4 - Mold AECOM Project 860675091 Waterloo Regional Airport - 60675091 Revised Per Addendum No. 1 — 1/19/2024 Revised Per Addendum No. 2 — /23/2024 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER Stale of Iowa ) )ss County of Bremer ) Rick Stenslandbeing first duly swoni, deposes and says that: (1) He is (leaner/Prec (Owner Partner Officer Representative or Agent) of Modern Builders, Inc. , 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, or unlawful 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 bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, repre entatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Rick Stensland, President Subscribed and sworn to before me this day of 94.7,.,i7 ,20 `f. Title My Commission Expires 7 pi., , 20,' TAMARA K KOFRON Notarial Seal - IOWA Commission No. 156798 mission Expires July 06, 20 FAA AIP 3-19-0094-048 p-7 Hangar No. 4 - Mold AECOM Project/60675091 Waterloo Regional Airport - 60675091 Revised Per Addendum No. 1 — 1/19/2024 Revised Per Addendum No. 2— 1/23/2024 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 Hangar No. 4 (Mold Remediation) FAA AIP Project No. 3-19-0094-048 Modern Builders, Inc. COMPANY Rick Stensland Marty Leary EXECUTIVE OFFICER AFFIRMATIVE ACTION OFFICER ADDRESS OF THE AFFIRMATIVE ACTION OFFICER PO Box 418, Janesville, IA 50647 PHONE NUMBER 319/987/2911 FAA AIP 3-19-0094-048 P-9 Hangar No. 4 - Mold AECOM Project #60675091 Waterloo Regional Airport- 60675091 Name of Bidder Itcvised I'cr Addendum No, I — l/1.9/2024 Revised PCP' Addendum No. 2 — l/23I2024 SYNOPSIS OF EXPERIENCE RECORD (This synopsis must accompany Proposal Form.) Modern Builders, Inc. Business Address 201 Main Street, PO x 418,,JJanesville, IA 50647 Individual ( ) Partnership ( ) Corporation (X) (Check One.) Construction successfully completed within past five years similar in size, scope, and difficulty of construction to the work bid upon. Name of Owner 2 3 4 5 Name of Location of Amount of Project Project Contract SEE Af 1ACEIED Number of Contract Days Actual Number of Days to Allowed for Above Projects Complete above Project 1 2 3 4 5 (Signed) _Modern Builcjars, Inc. (TITLE) / Rick Stensland, Pre ident Date 01/24/24 Name of Company FAA AIP 3-19-0094-048 P-10 Hangar No. 4 - Mold AECOM Project 1160675091 Waterloo Regional Airport - 60675091 List of Past Protects Client Name Project Title/Scope Cost range (Nearest 10,000) Architect / Engineer (if applicable) Year Comp. Unverferth Mfg Co South Assembly "A" Bldg, Shell Rock, IA $2,984,275 Modern Design Arch. 2022 BPI Building Addition, Waterloo, IA $3,415,275 Modern Design Arch, 2020 Lee Container Replace Roof, Centerville, IA $5,590,092 Modern Design Arch. 2019 Canby ISD 2016 Reroof $1,491,000 2017 Ryan Companies Amazing Space, Indian Creek Nature Center $172,000 Solum Lang 2016 Mills Chevrolet New Dealership Bldg, Davenport, IA $1,409,000 Modern McClure Design Engr Arch/ 2016 Total Family Eyecare New Optometry Facility, Grimes, IA $1,410,000 Modern Design Arch. 2016 United Rentals Facility Renovations, Waterloo, IA $756,000 None 2016 Garling Construction Van Wall Equipment (Roof) Van Wall, IA $722,800 Modem Design Arch. 2016 Douglas Co Kansas United Way Roofing, Lawrence, KS $256,932 Treanor Arch, PA 2015 Wieser Bros. Western Tech LaCrosse, WI College, Wall Panels, $533,500 None 2015 Schelling Constr. VerHoef Chevy, Sioux Center, IA $1,233,000 Modem Design Arch. 2015 Alden Conger ISD 2014 Wall Panel Install, Alden, MN $125,000 None 2015 Garling Construction Clemons Chevrolet $252,780 None 2015 NextEra Energy Flex Storage Bldgs, Palo, IA $792,000 NextEra Energy 2014 Mike Molstead Motors Charles City, IA $209,000 Modern Design Arch. 2014 Northeast CSD Metal Building & Roof, Goose Lake, IA $1,192,000 Modern Design Arch. 2014 Williamsburg CSD Install Tremco Roof, Williamsburg, IA $438,270 None 2014 Unverferth Mfg. 2013 Reroof, Shell Rock, IA $120,000 None 2014 Projects completed per contract scope and schedule. Revised I'er Addendum No. I — 1/19/2024 Revised Per Addendum No. 2 — 1 /23/2024 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) I'd 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 (GPE). The undersigned hereby further assures that the information included herein is true and correct, and that the DBE finn(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. Modern Builders Bidders/Offerot's Fir Name 1 ignature Ric c"St=nsland, re§ Date DBE UTILIZATION SUMMARY Contract Amount DBE Amount Contract Percentage DBE Prime Contractor $ x 1.00 = $ DBE Subcontractor $ x 1.00 = $ DBE Supplier $ x 0.60 = $ DBE Manufacturer $ x 1.00 = $ Oh Total Amount DBE $ DBE Goal $ /0 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 CPR Part 26. FAA AIP 3-19-0094-048 AECOM Project Y60675091 P-I I Hangar No. 4 - Mold Waterloo Regional Airport - 60675091 Revised Per Addendum No. 1 -- 1/19/21124 Revised Per Addendum No. 2 — 1/23/2024 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 (7) 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 a Type III or Type IV waiver under 49 USC § 50101(b). 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 support 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 3-19-0094-048 P-13 Hangar No. 4 - Mold AECOM Project H60675091 Waterloo Regional Airport - 60675091 Revised Per Addendum No. 1 — 1/19/2024 Revised 1'er Addendum Nu. 2 — 1/23/2024 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 cerjifibation may render the maker subject to prosecution under Title 18, United S,jates Coda, .s /i• Date Si nature Modern Builders, Inc. President Company Name Title FAA AIP 3-19-0094-048 P-14 Hangar No. 4 - Mold AECOM Project U60675091 Waterloo Regional Airport - 60675091 Bid Bond CONTRACTOR: (Name, legal statue and addracs) Modern Builders, Inc. 201 Main Street, P.O. Box 418 Janesville, IA 50647 OWNER: (Name, legal stains and address) ss) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Document A310 TM — 2010 Conform with The American Institute of Architects AIA Document 310 SURETY: (Name, legal status and principal place rjhnviuess) Western Surety Company 151 N Franklin St. Chicago, IL 60606 BOND AMOUNT: $ Five Percent of the Total Amount Bid (5%) PROJECT: (,'s'ame, location or address, and project number, t%aq) Waterloo Regional Airport • Hangar 4 (Mold Remedlation), Waterloo, Iowa This document has Important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety arc bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond aro such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (t) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good fault contract with another party to perlbnu the work covered by said bid, Then this obligation shall be null and void, otherwise to remain in lull three and effect, The Surety hereby waives any notice of un agreement between Ile Owner and Contractor to extend the time in which the Owner may accept the bid Waiver of notice by the Surety shall not apply to uny extension exceeding sixty (60) days in the aggregate beyond the time Ibr acceptance ol'bids sped lied in the bid documents, and the Ow•nter and Contractor shell obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with n subcontractor's bid to n Contractor, the tom, Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When Ibis Bond bus been Iurnished lu comply with u statutory or other legal requirement in the locution of the Project, any provision in thix Bond conllieli ng with said statutory or legal requirement shall be deemed deleted betatron and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so ILmished, the intent is that this Bond shall be construed us a statutory bond and not as a common law bond. Signed and seated this 23rd day of January, 2024 (Witness) 111th {se) Bai ey Bda Modern Builders, Inc. (PNrrcilrtil L.. -! .._._ (Sea!)_ Western Surety Company (Save) (Seal) asunerj-�.. sQa• 0 03 n P A �4-. sw�°Q �''" �3 . Q yeer<-`� (!•ill0 'Jessie ttorney-In-Fact So,.eA gip, �narH U�a Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Douglas Muth, Greg (Crier, Grace Rasmussen, Jessie Allen, Bailey Beach, Individually of Sioux Falls, IA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory, instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Altomey is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 4th day ofJanuary, 2024. WESTERN SURETY COMPANY State of South Dakota County of Minnehaha 447 Larry Kasten, Vice President On this 4th day of January, 2024, before me personally came Larry Kasten, to me known, who, being by are duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires iss4M144sM. BENTMarch 2,2026 `dial, NOTAHYPnOLIOr ,/ - 9999999999999949994 SOUTn OBLIC4 �f '1 A M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law and Resolutions of the corporation printed below This certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 23rd day of January 2024 pi WV No `4QaoQQaRg1sog WESTERN SURETY COMPANY „� rem nI Sete p...,SFs Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY CDT 2442-11711 L. Nelson, Assistant Secretary This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Lary Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surely Company. This Power of Attorney may be signer) by digital signature and sealed by a digital or otherwise electronic-fomalted corporate seal, under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 271" day of April, 2022: "RESOLVED: 1 hat it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Go to www.enasnrety.com > Owner / Obligee Services > Validate Bond Coverage, if you warn to verify bond authenticily. Form F42806.2023