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HomeMy WebLinkAboutK&W Contract (ACS) - 2.17.2025CONTRACT FOR TERMINAL SECURITY UPGRADES (ACS) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA THIS AGREEMENT, made and entered into this 17th day of February 2025, by and between the Waterloo Regional Airport for the City of Waterloo, Black Hawk County, Iowa, hereinafter referred to as the "Owner" and K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, a corporation organized and existing under the laws of the State of Iowa, hereinafter referred to as the "Contractor." WITNESSETH: That the Contractor for and in consideration of Two Hundred Twenty Thousand Four Hundred Fifty Six and No/100 Dollars ($220,456.00), based on the unit bid prices payable as set forth in the Specifications constituting a part of this Contract as shown on the attached Exhibit A, 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 day of , 2025, as follows, being numbered 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 January 7, 2025. 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, IDOT CSVI Project No. 9I240AL0200, Contract No. CNTRT-00005819 Terminal Security Upgrades (ACS) 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. IDOT CSVI Project No. 9I240AL0200 C-1 CONTRACT CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AECOM 60734402 8. That the Contractor, at all times, shall observe and comply with all federal, state, territory or possession and local laws, codes, ordinances and regulations in any manner affecting the conduct of the work, and the Contractor and his surety shall indemnify and save harmless the Owner and all his officers, Engineer, agents and servants against claims or liability arising from or based on the violation of any such law, ordinance, deregulation, order or decree, whether by himself or his employees. 9. That it is further understood and agreed by the parties to this Contract that the above work shall be commenced within 10 days after "Notice to Proceed" and shall be completed according to the terms of the entire contract within seventy-five (75) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $500.00 per calendar day for each day in excess of the authorized contract time. 10. The Contractor and Owner understand and agree that time is of essence for completion of the Work and that the Owner will suffer additional expense and financial loss if said work is not completed within the authorized Contract Time. Furthermore, the Contractor and Owner recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the Contractor expressly agrees to pay the Owner as liquidated damages the non -penal sum of $500.00 per day for each calendar day required in excess of the authorized Contract Time for the overall contract. Furthermore, the Contractor understands and agrees that: a. the Owner has the right to deduct from any moneys due the Contractor, the amount of said liquidated damages. b. the Owner has the right to recover the amount of said liquidated damages from the Contractor, Surety, or both. 11. 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. 12. 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. IDOT CSVI Project No. 91240AL0200 C-2 CONTRACT CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AECOM 60734402 IN WITNESS WHEREOF, the parties heret have set it hands for the purpose herein expressed to this and three other instruments of like tenor, as of the 17th day ofyePhruar 2025 ATTEST: Kelley Tlchle City Sterk Secretary / �CIIf/T,�/yY�O/F WATERLOO B Qae zI��.ii �rj DIGIT�v SIGNED Y Mayor CONTRACTOR hC�W Efecio c_ Tic, By Firm Name 1177 %firesIciet-4— coil Signature Title C•e. (evr F 11 S iA sol, l3 Business1Address Witness Witness IDOT CSVI Project No. 91240AL0200 C-3 CONTRACT CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AECOM 60734402 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of Two Hundred Twenty Thousand Four Hundred Fifty Six and No/100 Dollars ($220,456.00) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of _ , 20 , for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the conditions of this obligation are such that if the above -bound PRINCIPAL shall faithfully and fully comply with the terms and conditions of said contract, including, but not limited to, any obligations created by way of warranties and/or guarantees for workmanship and materials which warranty and/or guarantee may extend for a period of time beyond completion of said contract, and such alternations or additions as may be made therein or in the plans and specifications, and shall indemnify and save the OWNER harmless against any claims for using any form of material, process, composition or anything which is patented, and likewise indemnify and save the OWNER harmless against all claims for damages by reason or any default or negligence, want of skill or care on the part of said PRINCIPAL or Agents in and about the performance of said contract, and shall comply with all laws pertaining to said work, and shall comply with and perform any and all warranties and/or guarantees provided for in said contact, then this obligation shall be void; otherwise of full force and effect. PROVIDED, further than upon either the default of the PRINCIPAL, or the failure of the said PRINCIPAL to promptly and efficiently prosecute said Work, in any respect, in accordance with the Contract Documents, the above bound SURETY shall either remedy the default of the PRINCIPAL or shall take charge of said Work and complete the Contract at his own expense, pursuant to its terms, receiving, however, any balance of the funds in the hands of said OWNER due under said contract. It shall be the duty of the SURETY to give an unequivocal notice in writing to the OWNER within ten (10) days after receipt of a declaration of default of the SURETY'S election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the SURETY shall indicate the date on which the remedy or performance will commence, and it shall be the duty of the SURETY to give prompt notice in writing to the OWNER immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishings of each omitted item of work, and (d) the performance of the contract. The SURETY shall not asset solvency of its PRINCIPAL as justification for its failure to promptly remedy the default or defaults or perform the contract. In the event said PRINCIPAL shall fail or delay the prosecution and completion of said Work and said SURETY shall also fail to act promptly as hereinabove provided, then the OWNER shall cause ten (10) days' notice of such failure to be given, both to said PRINCIPAL and SURETY, and at the expiration of said ten (10) days, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract, the OWNER shall have the authority to cause said Work to be done and when the same is completed and the cost thereof estimated, the said PRINCIPAL and SURETY shall and hereby agree to pay any excess in the cost of said Work above the agreed price to be paid under said Contract. IDOT CSVI Project No. 91240AL0200 C-4 CONTRACT CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AECOM 60734402 Upon completion of said Contract pursuant to its terms, if any funds remain due on said Contract, the same shall be paid to said PRINCIPAL and SURETY. The said PRINCIPAL and SURETY further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform and complete said Contract including, but not limited to, all repair and replacement costs necessary to rectify construction error, architectural and engineering costs and fees, all (but not limited to) consultant fees, all testing and laboratory fees, and all legal fees and litigation costs incurred by the OWNER. The decision of the OWNER, upon any disputed question connected with the execution of said Contract, or any failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY, shall be final and conclusive. The SURETY agrees that, other than as is provided in this bond, it may not demand of the OWNER the OWNER shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (3) furnish any papers or documents, or (f) take any other action of any nature or description which is not required of the OWNER to be done under the contract documents. IN WITNESS WHEREOF, the SURETY and PRINCIPAL have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. IN THE PRESENCE OF: Witness PRINCIPAL: By: SURETY: Witness By: NOTE: (a) Where the Performance Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 91240AL0200 C-5 CONTRACT CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AECOM 60734402 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of Two Hundred Twenty Thousand Four Hundred Fifty Six and No/100 Dollars ($220,456.00), for the use and protection of said OWNER and all subcontractors and all persons supplying labor, materials, machinery and equipment for the performance of the work provided for in the contract hereinafter referred to, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of , 20, for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the condition of this obligation is such that if the above -bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: 1. The said SURETY to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time, alteration of alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or drawings. 2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said contract. Signed and sealed this day of , 20. IDOT CSVI Project No. 91240AL0200 C-6 CONTRACT CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AECOM 60734402 IN THE PRESENCE OF: Witness Witness PRINCIPAL: By: SURETY: By: NOTE: (a) Where the Payment Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 9I240AL0200 C-7 CONTRACT CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AECOM 60734402 Waterloo Regional Airport .2790 Livingston Lane Waterloo, IA 50703 All: . .The undersigned, being a Corporation existing under the laws of the State oil TO _ a Partnership consisting of the following partners,"_.... j ,E- E ec4Y c..._ .W r...._._._._......._......., having fatniliarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all thecontract 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 Terminal Security Upgrades (ACS), Contract No. CNTR'I'-00005819, all in accordance with the above -listed docunteins and for the unit prices for work in place for the following items and quantities: EXHIBIT A PROPOSAL FORM FOR • ..TERMINAL SECURITY UPGRADES (ACS) AT THE • WATERLOO REGIONAL AIRPORT . WATERLOO, IOWA 2. The extent of the work involved is as follows. This II)O'I' CSVI Project No. 91240AL0200, Contract No, CN'1'RT.00005819 project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (S1DA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. 3. The undersigned, in compliance with your invitation for Bids dated I / i, 1,AS- _._., hereby proposes to do the work called for in saki Contract and Specifications and shown on said Plans and Addendum Nos, wW.+f and to furnish all materials, tools, labor and art appliances and appurtenances necessary for the said work at the following rates and prices: IUOT CSVI Project No. 91240AL0200 P-1 PROPOSAL FORM CONTRACT NO.5819 'Terminal Security Upgindes (ACS) AGCOM 60734402 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: • TERMINAL SECURITY UPGRADES (ACS) 1DO'1' CSVI Project, Contract No. CN'I'RT-00005819 ITEM NO, DESCRIPTION UNIT ESTIMATED QUANF1'1'7' UNIT BID PRICE '1'OTAI, BID PRICE BASE BID I Li VMGS'fON AVIATION BLDG (ACS) LS 1 $ Pi j I//Ix " $ / t `7 y/ 2 EXTERIOR GATES (ACS) LS 1 $ 4761 eoco r's 44; t06,41 -1 3 ACCESS CONTROL (ACS) LS I $ f 5 ? SI $ /,5' 'S51 441- t TOTAL 131D $ ,aeL Lis-6) 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. 1t 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 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 arc 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 Nvashrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, trtmsportation, 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, 8. The undersigned agrees, upon written notice of the acceptance of this bid, within thirty (30) 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 five (5) days after the prescribed forms are presented for signatuure. 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 Seventy -Five (75) 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 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, IDOT CSVI Project No. 91240AL0200 P-2 PROPOSAL FORM CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AECOM 60734402 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. 11. As evidence of good faith in submitting this Proposal, the undersigned encloses bid security in the amount of five (5) percent of the bid which, in case he refuses or fails to accept an award and to enter into a Contract and file the required bonds within the prescribed time, shall be forfeited to the Waterloo Regional Airport as liquidated damages. 12. 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. 13. 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 thirty (30) days from the opening thereof, 14. Contractor certifies that all employees employed by Contractor or oily subcontractor working on behalf of the Contractor are in compliance with the Immigration Reform Control Act of 1986 CIRCA) and indemnifies the Owner and holds harmless Owner for any violations of IRCA as a result of the Contractor's employees or his subcontractor's employees working on behalf of the Contractor on the Owner's project. 15. Attachment to This I3id. The following documents are attached to and made a part of this Bid: a. I3id Guaranty in the form of (aid, BONA b. Non -Collusion Affidavit of Prime Bidder. e. Statement of Intent --- Non -Discrimination and Equal Opportunity Statement. d. Bidder's information Sheet. e. Synopsis of Experience Record. (IDOT Certification may be substituted.) 16. The Bidder shall indicate whether the bid is submitted by a/an: ❑ Individual, Sole Proprietorship ❑ Partnership Corporation ❑ Joint -venture: all parties must ,join -in and execute all documents ❑ Other Respectfully submitted, Bidder By£4t'/ %at aDeYri eS Sikh tune ,ldr atr•,..*- 'I'itle I12.7___Jiv,COiw S+, Address Ca% F& is .. -o 13 (Include Zip Code) 3I" — -77- oN IS Telephone No. IDOTCSVI Project No. 91240ALO20D P-3 PROPOSAL FORM CONTRACT NO. 5819 Tenninnl Security Upgrades (ACS) AECOM G073,1,102 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of fi tiJ O. ) )ss County of , tt&u ) Be' t eV e3 that: , being first duly sworn, deposes and says (1) He is (Owner, Partnetrfficer epresentative, or Agent) of __ ! +'t4) el-eciesk. T*KGr , 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, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me �/Gl r this , day of _ -y'itnL' 4_ , 2i) 25 4 0 t.o, MC. w.t,�,ec. Title I r My Commission Expires rib, n/atPy ,,2 , 2Q2 (Signed) Title fir es;Me +A1" IDOT CSVi Project No, 91240AL0200 CONTRACT NO. 5819 P-4 PROPOSAL FORM Terminal Security Upgrades (ACS) AECOM G0734402 . STATEMENT OF INTENT NONDISCRIMINATION ANI) 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 TERMINAL SECURITY UPGRADES (ACS) Il)OT CSVI Project, Contact No. CNTRT-000058I9 —... ± IA1 el eC'fr.i C COMPANY r '& teVt EXICUtTlVE OFFICER AFFIRMATIVE ACTION OFFICER ADDRESS OF THE AFFIRMATIVEAFFIRMATiVE ACTION OFFICER ee€4 •FeLlis, Tot. � '..13 PHONE NUMBER a I' -....''`" 0q I S t()OT CSVI Protect No. 9I240A1.0200 P-S PROPOSAL. FORM CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AIiCOM 60734402 Form 730007WP 7-97 m z wO zQ �a m2 z 2U m1- az wQ 00 ¢- W a 0 4 1.1 0 tt 40 (To Be Completed By All Bidders per the Current Contract Provision) U E N "' m o m ~ gi e t 0 U § to 1' N C0) C as O O o m < a)Q _c tt) CA N C A E ro 12 N C o � @ ,c j .0 j' 1 (a o) C O 3 o N 0) U E C O 'o c N ro s al to N c �'m E o o O t c q 0)a)s .ina) .n s� U O co c c a) E 0 oo o O C O N F0 . C N1(t) C O O O w UN E co a CO N `' CA a 0 N O N Op) O .0 L U C a) a N ea C N "a :b. (0 O co E o (a 9. o (0 w N 'O on ro E0 w U CO a)o o m o o 1v U t= N • 0 9- .O '-2 ca 0 N o F- N a * .a) N 0 a)— 73 0) Y y 0 oo C a-`(-}• G d a) U 'a0� W N .C1'+27 a) (0 C Q _' ly0 O E 1 fit yc N -.F.0) C ) mit N N ,�� O N 'O .Ia O 10 E 5 . N a) t C �j h � :C N 4.4 o a) o a�i w: a) 0 a) N Lil ;a cll o .0 3 0 (ll o 09 C 0 2 c QUOTATION USED IN BID 0 O 0 0 a �0 0 <0 OK (.0 W -J CD• O QUOTES RECEIVED Q wO QZ 0 0 0 w U w< <0 m r CC 0 0 0 U CO a 0 /Q U 0 Q UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 196.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsullants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-725-3132) or from its website at: htips://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB limn on each project, and identifying for TSB firms the availability of subcontract work Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. For construction contracts: a) Including in the bid proposals a contract provision titled 'TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb_contract provision,pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal if any. This should include obtaining documentation from the consultant that Includes a list of TSB firms contacted a list of TSB firms that responded with a subcontract proposal; and, If the consultant does not propose to use a TSB firm that submitted a subcontract proposal an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator Office of Employee Services, 800 Lincoln Way Ames, IA 50010. TSB-5 Bidder Status Form To be completed by ail bidders Part A Please answer "Yes" or "No" for each of the following: RI Yes ❑ No J Yes ■ No giYes ❑No ® Yes ❑ No 5,1 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; 3 / .2 / rat to . Pvole w `/ Dates: Dates: / / to / / / / to / You may attach additional sheet(s) if needed. To be completed by non-resident bidders Address• Li 2.7 Lw r. co (vi. 454. City, State, Zip' Ce v- FAN) TA Address: City, State, Address: City, State, 501,13 Zip: Zip: Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 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 I 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: Kt u) L (eG'-r`7 G "«- r Signature: Date: 2/6 2.5` You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 166. This form has been approved by the Iowa Labor Commissioner. 309.6001 (09 15) BE-1 Worksheet: Authorization to Transact Business This worksheet may be used to help complete PartA 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 ❑ No ❑Yes RI No ❑Yes NJ No yjYes ❑No ❑ Yes [I No ❑ Yes 64 No ❑ Yes [Sil No Yes 1 No 0 Yes El Yes [j No ❑ Yes [X No My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. 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. 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. 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. My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. 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 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. 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. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. 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 rne•, ,) BF-2 re 1 I U 6/1 L ‘b-a7w° — GETTING YOU THERE» April 24, 2024 I< & W ELECTRIC, INC. 1127 LINCOLN ST. P.O. BOX 967 CEDAR FALLS, IA 50613-0000 kwe@k-welectric.com; shovenga@k-welectric.com k-welectric.com Dear Contractor: We acknowledge receipt of your CPA Audited Financial -Experience -Equipment Statement for the period closing December 31, 2023. This statement will serve to place you on our list of qualified bidders for construction and maintenance work offered by the Iowa Department of Transportation. This statement expires on June 30, 2025. Your maximum pre -qualification for all incomplete work is $82,846,473. Your prequalification categories on file with this office are listed on the enclosed page. We acknowledge receipt of your Bidder Status Form dated April 22, 2024. We will retain this form on file. Each time you submit an electronic bid on a non-federal aid proposal you will certify the accuracy of this information. You are required to submit a new form whenever the information that you have supplied changes or whenever you submit a Contractors Financial Experience Equipment Statement (Form 650004). Unless otherwise specified in the contract documents, bidder status forms must be on file in this office by noon the day prior to the letting in order to be approved as a valid bidder. Sincerely, Gov kkagem, Jason Miller Prequalification Analyst NOTE: Iowa Code Chapter 91C requires that all contractors register with the Iowa Division of Labor - Contractor Registration before performing any construction work hi the state of Iowa. If your business provides any type of plumbing, mechanical, HVAC, refrigeration, sheet metal or hydronic systems services, you are required to obtain a license with the Plumbing & Mocl ianrcal Systems Board before applying with contractor registration. Inquiries should be directed to: Iowa Division of Labor - Contractor Registration Phone: 515-242-5871 I Fax: 515-725-2427 COF;tractor. i'vglstr'cltlori dijwd,foWA._ OV I WWW./0Wacont iC OL(1UV t. ( [515-239-1414] (dot.contracts@iowadot.usj ( www.iowadot.gov Address: [800 Lincoln Way, Ames, IA 50010) PREQUALIFICATION CATEGORIES Approved per Article 1102.01, Competency and qualification of Bidders, as of April 24, 2024 for (I<.100) 1< & W ELECTRIC, INC. TRAFFIC SAFETY (T3) LIGHTING/TRAFFIC SIGNALS (T5) SIGNING MISCELLANEOUS : (M1) MISCELLANEOUS Page 1 of 1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, K & W Electric, Inc. as Principal, anti Westfield Insurance Company as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter culled "OWNER." In the pewit sum Five percent of amount bid Dollars ($ 5% ) lawful money of the United States, for the payment of which sum will and truly be made, we hind ourselves, our heirs executors, administrators, and successors, jointly and sove►ally, firmly by these presents. The canditio► of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 6th day of I-ebruar , 2025, for Terminal Security Upgrades (ACS) Waterloo Regional Alport NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials hi connection therewith, and shall in till other respects pelican the agreement created by the, acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all el thus hereunder small, in no event, exceed the penal amount of this obhg Lion as herein stated, By virtue of statutory authority the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide die bond as provided in the specifications or by law. 'the Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such I3id or t,xecute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, hive caused the r corporate seals to be hereto affixed and these presents to be signed by thcir proper officers this 6th day of February A.D. 2025 Conlraet No, CNTRT-5819 Bid Bond K & W Electric, Inc. (Seal) Principal BY /j Westfield Insurance Company (sea° Suety • By I. Schmft/ 'Altorney-in-faot 8114 of I Terminal Security Upgrades (ACS) Waterloo Regional Airport —60734402 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 08/20/221 FOR ANY PERSON Oft PERSONS NAMED BELOW, General POWER NO. 1429172 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co„ Westfield Center, Ohio CERTIFIED COPY Know All Men by These Presents, That WESTF UL( INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and QHfO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having Us principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JOSEPH I. SCHMIT, JEFFREY R. BAKER, GREG T, LAMAIR, E. A. VONHARZ, BRANDON HORBACH, JOINTLY OR SEVERALLY of WEST DES MOINES and State of IA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to its name, place and stead, to execute, acknowledge and deliver any and all bands, recognizances, undertakings, or other instruments or contracts of suretyship In any penal limit. - - - - , LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONGS. • and to hind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President, seated with the corporate seal of the applicable Company and duly attested by its secretary, hereby ratifying and confirming all that the said Attorneys) -In -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NAT€ONAI. INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "tie It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with fun (rawer and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act tor .and on behalf of the Company subject to the following provisions: The Attorney -in -Fact, may beg ven full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary," "tBe it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). in Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surely Leader and Senior Executive and their corporate seals to be hereto affixed this 20311 day of JUNE A.D., 2022 . Corporate �;�l vRot• a Sealslllllllll Affixed 1041 'tea �4, 0 State of Ohlo County of Medina ss.: WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY 1) By: Gary W t 1 tamper, Nationa`Surety Leader and Senior Executive On this 2001 day of JUNE A,D„ 2022 , bolero me personally came Gary W. Stilmper to MC known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and 01110 FARMERS INSURANCE COMPANY, the companies described in and which executed the above Instrument; that he knows the seals of saki Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by Like order. Notarial Seat Affixed State of Ohio County of Medina ss 10,Hukq/y O. 0,1AL ..,."•• �• • 0 David A. Kothlk, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) i, Frank A. Corrine, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 6th day of February A D , 2025 • sakew ,ta ".k,4itrtA tr •.1. �tc?NAL jt''• str •/N1N{M1• lir. • 0 littla_i :m_ 8.74 'l,I\ ,'''t•f31 ,:1i,lt,•441 'Marr„Act\` ke-C-2,A Frank A. Camino, Secretary Secretary BPOAC2 (combined) (03.22)