HomeMy WebLinkAboutGEMS_Tehnical_Services,_FAA_AIP_3-19-0094-057-2025_-_9.2.2025Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
CONTRACT
FOR
IMPROVEMENTS TO THE WATERLOO REGIONAL AIRPORT
CONSISTING OF
PASSENGER BOARDING BRIDGE
FAA ##3-19-0094-057-2025
AT THE
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
THIS AGREEMENT, made and entered into this 15thday of 2025, by and between the Waterloo
Regional Airport for the City of Waterloo, Black Hawk County, Iowa, ereinafter referred to as the "Owner" and
GEMS Technical Services, Inc. a corporation organized and existing under the laws of the State of
California , hereinafter referred to as the "Contractor."
WITNESSETH: That the Contractor for and in consideration of One Million Nine Hundred Seventeen Thousand Two
Hundred Twenty -Eight Dollars and No Cents ($ 1,917,228.00), based on the unit bid prices payable as set forth in the
Specifications constituting a part of this Contract, hereby agrees to construct in accordance with the Plans, Specifications
and Special Provisions therefore, and in the location designated on the Plans, the various items of work awarded said
Contractor on the day of , 20_, 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 March 7 , 2025.
1. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly and according to the
requirements of the Specifications, the amounts set forth, subject to the conditions as set forth in the Specifications.
2. That it is understood that the parties named herein are the only persons interested in this Contract and principals.
3. That the Contractor has examined the site of the proposed work, Plans, Specifications, Special Provisions and
Contract Documents in order that he might become familiar with the character, quality and quantity of the work to be
performed, the materials to be furnished and the requirements of the Specifications, Special Provisions and Contract
Documents.
4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" for the
Waterloo Regional Airport, FAA Project Nos. 3-19-0094-057-2025 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.
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.
FAA AlP #3-19-0094-057-2025 C-1 Waterloo Regional Airport
AECOM Project #60747501 Passenger Boarding Bridge
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
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
four hundred twenty (420) 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. The Contractor understands and agrees that all certifications made by the Contractor within the Proposal shall apply
under this Agreement as if fully rewritten herein. The Contractor further certifies the following:
a. Certification of Eligibility (29 CFR Part 5.5)
(1) By Entering into this contract, the Contractor certifies that neither he or she nor any person or firm who has
an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1);
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1);
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S.C.
b. Certification of Non -Segregated Facilities (41 CFR Part 60-1.8)
The federally -assisted construction Contractor, certifies that it does not maintain or provide, for its employees,
any segregated facilities at any of its establishments and that it does not permit its employees to perform their
services at any location, under its control, where segregated facilities are maintained. The Bidder certifies that it
will not maintain or provide, for its employees, segregated facilities at any of its establishments and that it will not
permit its employees to perform their services at any location under its control where segregated facilities are
maintained. The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity Clause,
which is to be incorporated in the contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms,
and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated on the basis of race, color, religion, or national origin because of
habit, local custom, or any other reason. The Bidder agrees that (except where it has obtained identical
certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity Clause and that it will retain such certifications in its files.
12. It is further understood that any action in court against the Contractor or sureties on his bond because of damage to
property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the
Specifications, or on account of the failure of said Contractor to fully comply with these provisions, shall be brought
in the District Court of the State of Iowa in and for Black Hawk County.
FAA AIP #3-19-0094-057-2025 C-2 Waterloo Regional Airport
AECOM Project#60747501 Passenger Boarding Bridge
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
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 2nd day geptemhPr2025.
rSi ned by:
rF696E0-FFDc64A6...
City Clerk XX 568N
Witness
By
�ooeuSIIA I Y:OF WATERLOO
61ALIAlitA, ikevit
UUSLbU / 6HHl,S4II9. .
Mayor
CONTRACTOR
GEMS Technical Services, Inc.
By
51/6-ViaiL
Signature
Adrun
Title
333 City Blvd., West Suite 1700 Orange, CA 92868
Business Address
FAA AIP 43-19-0094-057-2025
AECOM Project#60747501
C-3 Waterloo Regional Airport
Passenger Boarding Bridge
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Bond Number: DVHNSU 0871082
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we, GEMS Technical Services, Inc.. as PRINCIPAL, also referred to as
CONTRACTOR, and Harco National Insurance Company as SURETY, are held and firmly bound unto
Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of One Million Nine
Hundred Seventeen Thousand Two Hundred Twenty -Eight Dollars and No Cents ($ 1,917,228.00) 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.
WHEP1EAS, the above -bound Principal has entered into a contract with the OWNER dated the
, 2025, for Passenger Boarding Bridge, including:
day of
• Removal and disposal of the existing passenger boarding bridge.
• Supply and installation of a new passenger boarding bridge including foundations, walkway sections, complete
passenger boarding and necessary items to make fully functional.
• Removal and replacement of pavement marking on the existing aircraft parking apron.
• Supply of a portable passenger boarding bridge.
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.
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
FAA AIP #3-19-0094-057-2025 C-4 Waterloo Regional Airport
AECOM Project #80747531 Passenger Boarding Bridge
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
(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.
I_N WITNESS '`HEREOF, the SURETY and PRINCIPAL have executed this instrument under their several seals this.
dayof 1 l R 15 2025, the name and corporate seal of each corporate party being hereto
affixed and these prbsents duly signed by its undersigned representative, pursuant to authority of its governing body.
IN THE PRESENCE OF:
Witness'
'Wi ness Kimberl,Alexan.er
(st—
URETY: Harci National Insurance Company
;r
/ By: Wesley J. Butorac, Attorney -in -Fact
NOTE: (a) Where the Performance Fond 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.
FAA AIP #3-19-0094-057-2025 C-5 Waterloo Regional Airport
AECOM Project #60747501 Passenger Boarding Bridge
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
PAYMENT BOND
Bond Number: DVHNSU 0871082
KNOW ALL MEN BY THESE PRESENTS: That we GEMS Technical Services, Inc., as PRINCIPAL, also referred to as
CONTRACTOR, and Harco National Insurance Company as SURETY, are held and firmly bound unto Waterloo
Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of One Million Nine Hundred
Seventeen Thousand Two Hundred Twentv-Eight Dollars and No Cents ($ 1,917,228.00), 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 i
day of :9 JLS 1- , 2025 for Passenger Boarding Bridge, including:
• Removal and disposal of the existing passenger boarding bridge.
• Supply and installation of a new passenger boarding bridge including foundations, walkway sections, complete
passenger boarding and necessary items to make fully functional.
• Removal and replacement of pavement marking on the existing aircraft parking apron.
• Supply of a portable passenger boarding bridge.
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 clamant 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.
FAA AIP #3-19-0094-057-2025 C-6 Waterloo Regional Airport
AECOM Project #60747501 Passenger Boarding Bridge
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Signed and sealed this �-Fh
1N THE PRESENCE OF:
i ess imbcAlexander
NOTE:
day of Ui L�` 2025. V
__________7/URETY: Harco National Insurance Company
By: Wesley J. Butorac, Attorney -in -Fact
(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 shalt 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.
FAA AIP #3-19-0094-057-2025 C-7 Waterloo Regional Airport
AECOM Project #60747501 Passenger Boarding Bridge
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
POWER OF ATTORNEY Bond# DVHNSU0871082
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
DOUGLAS J. ROTHEY, WES BUTORAC, ZACH ROTHEY, KIMBERLY MCALEXANDER, KIM PAYTON, ERIK
ULI BARRI
Denver, CO
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attomey, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2024
STATE OF NEW JERSEY
County of Essex
STATE OF ILLINOIS
County of Cook
Michael F. Zurcher
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31 st day of December, 2024 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
New Jersey the day and year first above written.
e
CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2029
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, rmd of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day,
A00911
Irene Martins, Assistant Secretary