Time and Place for Filing Sealed Bids.

Sealed bids for the work comprising the improvements as stated below shall be filed with the City Clerk before 1:00 PM on June 2, 2020 in the office of City Clerk, 105 Milwaukee Mall, Charles City, Iowa. Bids received after the deadline for submission for bids as stated herein shall not be considered and shall be returned to the late bidder unopened.

Time and Place Sealed Bids Will be Opened and Considered.

Sealed bids will be opened and tabulated by the City Clerk at 1:00 PM, Thursday, June 2, 2020 at City Hall, 105 Milwaukee Mall Charles City, Iowa, for consideration and award by the Charles City Telecommunications Utility at its meeting on Tuesday, June 9th, at 4:00 PM, in the Council Chambers, 105 Milwaukee Mall, Charles City, Iowa. (The public opening may be presented by teleconference depending upon public health considerations.)

Prebid Conference

Bidders are encouraged to attend the Pre-Bid Conference via teleconference May 6, 2020 at 1:00 P.M. Details to access the teleconference will be provided to interested bidders. Minutes of the Pre-Bid Conference notes will be prepared by the Engineer and distributed to all plan holders.

Copies of said plans and specifications and form of contract are now on file in the office of the Clerk. Copies may be obtained from the office of the engineer at NewCom Technologies, Inc., 6000 Grand Ave., Des Moines, Iowa 50312, 800/626-6234, newcom@newcomtech.com at no charge. Plan holders will receive minutes and any addenda from the Engineer.

General Project Scope

The description of the work to be performed is described as follows. The qualified bidder will provide bids for construction of the project described generally below:

General Nature of the Public Improvement. The work includes all materials, equipment, transportation, and labor necessary to complete the improvements.

The Project includes construction of the Fiber to the Premise (FTTP) Project for the Charles City Communications Utility. The work shall be performed in the Charles City, largely within the city limits.

Construction of the network outside plant infrastructure for a PON FTTP system, which includes all labor and materials. Material does not include any access equipment, i.e., ONTs, OLTs, switches and router, etc. 

The network consists of approximately 66 miles of construction running line. There are 19 distribution service areas, consisting of 15 of 288 port service area cabinets, 2 of 144 port and 2 of 96 port service area cabinets, which are connected to a common central office (CO) location.

Bid Instructions

  1. Contractors are allowed and encouraged to drive-out the project and inspect all areas to aid in an accurate bid and generate questions anytime from Monday through Friday 7:30 AM to 4:30 PM notify owner when access to private property required.
  2. Before submitting a bid, each Bidder should (a) examine the Contract Documents thoroughly; (b) visit the sites to familiarize him/herself with local conditions that may, in any manner, affect cost, progress or performance of the Work; (c) familiarize him/herself with federal, state, and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder’s observations with the Contract Documents.
  3. Engineer will accept written bidders questions from April 29, 2020 to May 22, 2020 and will post written responses to all bidders by or before May 27, 2020. All questions regarding the meaning or intent of the Contract Documents shall be submitted in writing to NewCom Technologies, the Engineer, attention:Bethany Kephart, PE
    NewCom Technologies, Inc.
    Project # 2020-CC-FTTP-OSP
    6000 Grand Avenue
    Des Moines, IA 50312

    Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications shall be without legal effect.

    1. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda which, if issued, will be emailed to plan holders prior to the date fixed for the opening of Bids, however, it will be the Bidder’s responsibility to verify with the Engineer that all Addenda have been received. All Addenda so issued shall become part of the Contract Documents, and all Bidders shall be bound by such addenda, whether or not received by the Bidder.
  4. Charles City Telecommunications Utility reserves the right to reject all bids when it determines that such action is in the public interest.
  5. Bidder shall submit the bid documents as one original and four (4) copies, as well as an electronic copy on a thumb drive. Bids must be enclosed in an opaque sealed envelope, marked with the contract title and the name and address of the Bidder and accompanied by the Bid Security and other required documents. The Bid Security must be placed in a separate envelope marked “Bid Security” with the title of the Contract: Charles City Telecommunications Utility Fiber to the Premise Construction of Mainline Plant
  6. If the Bid is sent through the mail or other delivery system, the sealed envelope must be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face thereof.
  7. Bids submitted early may be withdrawn by notice to the party receiving bids at the place and prior to the time designated for receipt of bids. Such notice shall be in writing and signed by the Bidder or by email (newcom@newcomtech.com), if permitted, by the Engineer. If by email, signed written confirmation of the withdrawal by the Bidder must have been mailed and received on or before the date and time set for receipt of bids. Bids may also be withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority. Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these Instructions to Bidders and the Bid Security is in an amount sufficient for the bid as modified or resubmitted.
  8. Bidders will complete and sign the Bid Form (APPENDIX A) and submit with bid.
  9. In accordance with the requirements of the Iowa Division of Labor all bidders must submit a fully completed Bidder Status Form (APPENDIX B). The Bidder Status Form must be included with and is considered an essential attachment to the Bid.
    1. To the extent required by Iowa law, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident.
    2. Failure to submit a fully completed Bidder Status Form with the Proposal may result in the proposal being deemed nonresponsive and rejected.
  10. Bid offerings shall be made on official bidding forms, BID Form 0300 (APPENDIX D) included in Bid Document & Specifications furnished by the Engineer.
  11. Preference of Products and Labor. Preference shall be given to domestic construction materials by the contractor, subcontractors, materialmen, and suppliers in performance of the contract and, further, by virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa.
  12. Bidders will be required to comply with all applicable statutes, regulations, etc., including those pertaining to the licensing of contractors and the Anti-Kickback Acts, as amended (40 USC 276c; 41 USC 51 et seq.) and regulations issued pursuant thereto.
  13. Owner is subject to State and Local Sales and Use Taxes. The material prices include any State or Local Sales and Use Tax. Such taxes will be added to the Bid prices at the rate prescribed by law and must be shown as a separate item on all invoices.

Bid Security

  1. Each bid shall be accompanied by bid security as defined in Iowa Code Section 26.8, in the form of a Bid Bond, Certified Check, Cashier’s Check or a Certified Share Draft in a separate sealed envelope in an amount equal to five (5) percent of the total amount bid. A Bid Bond must be on the form provided with the specifications (APPENDIX C). The Certified Check or Cashier’s Check shall be drawn on a state-chartered or federally-chartered bank. A Certified Share Draft shall be drawn on a state-chartered or federally-chartered credit union. The bid security shall be made payable to the CHARLES CITY TELECOMMUNICATIONS UTILITY, as security that if awarded a contract, the Bidder will enter into a contract at the prices bid and furnish the required
  2. Performance and Payment Bonds and Certificate of Insurance. The bid security must not contain any conditions either in the body or as an endorsement thereon. The bid security shall be forfeited to the Charles City Telecommunications Utility as liquidated damages in the event the successful bidder fails or refuses to enter into a contract and post bond satisfactory to the Charles City Telecommunications Utility within 15 days after the award of contract, said bond insuring the faithful fulfillment of the contract and the maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents. Bidders will use the Bid Bond Form, Appendix C, included in the specifications.
  3. Bid security of other bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 30 days after the bid opening.
  4. The Charles City Telecommunications Utility reserves the right to reject any or all bids, to waive informalities or technicalities in any bid and to accept the bid that it deems to be to the best interest of the Charles City Telecommunications Utility.
  5. The successful bidder will be required to furnish a performance, payment and maintenance bond within 15 days after award of contract in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by responsible surety approved by the Charles City Telecommunications Utility and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment for all materials and labor and protect and save harmless the Charles City Telecommunications Utility from claims and damages of any kind caused by the operations of the Contractor, and shall guarantee the work against faulty workmanship and materials for a period of one (1) year after its completion and acceptance by the Owner. The bond provided shall be in the form included in the specifications.
  6. Request for Qualifications: the lowest apparent bidder will be asked to provide additional information to demonstrate that they are a responsible bidder.
    1. Upon request, the apparent lowest responsive Bidder shall be required to submit the following information to the Owner to demonstrate Bidder’s qualifications to perform the Work:
      1. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.
      2. Proof of registration with the Iowa Division of Labor in accordance with Chapter 91C of the Iowa Code. Pursuant to Section 91C.7 of the Iowa Code, an out-of-state contractor, before commencing a contract in excess of five thousand dollars in value in Iowa, shall file a bond with the division of labor services of the department of workforce development. It is the contractor’s responsibility to comply with said Section 91C.7 before commencing this work.
      3. If the Bidder is a corporation organized under the laws of a state other than Iowa, the Bidder shall file with the Engineer a certificate from the Secretary of the State of Iowa showing that it has complied with all the provisions of Chapter 490 of the Iowa Code, or as amended, governing foreign corporations.
      4. Subcontractor and Supplier qualification information.
      5. Other required information regarding qualifications.
    2. A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.
  7. The work will commence within 14 calendar days after the date set forth in written Notice to Proceed. All work on the project shall be completed by May 31, 2021, with intermediate partial completions by year-end 2020.
  8. Payment to the Contractor will be on the basis of monthly invoice equivalent to ninety-five percent (95%) of the contract value of the work completed and materials delivered to the site during the preceding calendar month. Invoices will be prepared on the first day of each month by the Contractor, subject to the approval of the Engineer, who will certify to the Charles City Telecommunications Utility for payment each approved invoice on or before the tenth (10th) day of the following month. Such monthly payments shall in no way be construed as an act of acceptance for any part of the work partially or totally completed.
  9. Partial lien waivers are not required with the first payment application if payment is less than fifty (50%) of the contract amount. Each subsequent payment application shall be accompanied by the Contractor’s partial waiver, and by partial waivers from all assigned subcontractor(s), vendor(s), and suppliers who were included in the immediately preceding payment application, to the extent of that payment, as reflected on the payment application form.
  10. Partial lien waivers from the Contractor and all assigned subcontractor(s), vendor(s), and suppliers shall accompany the first payment application when the amount of payment exceeds fifty percent (50%) of the total contract amount. Lien waivers are to be in the amount reflected on the payment application form.
  11. Upon completion of the work and its acceptance by the Charles City Telecommunications Utility, the Contractor will be paid an amount, which, together with previous payments, will equal ninety-five percent (95%) of the contract price of the contract. Final payment of the remaining five percent (5%) will be made not less than thirty-one (31) days after completion and acceptance by resolution of the Charles City Telecommunications Utility of the completed contract, subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa. No such partial or final payments will be due until the Contractor has certified to the Clerk that the materials, labor and services involved in each estimate have been paid for in accordance with the requirements stated in the specifications.
  12. The Contractor’s request for final payment shall include final lien waivers, on Owner forms, from all assigned subcontractor(s), subcontractor(s), vendor(s), and suppliers in the full amount of their contracts as reflected on the payment application form. The Contractor shall also furnish its own final waiver of lien as reflected on the payment application form.
  13. Liquidated damages in the amount of Six-Hundred Fifty Dollars($650.00) per consecutive calendar day will be assessed for each day that the network build remains uncompleted as of June 1, 2021, with due allowance for extensions of the contract period due to conditions beyond the control of the Contractor. Plans and specifications governing the construction of the proposed improvements, and the prior proceedings of the Charles City Telecommunications Utility referring to and defining said proposed improvements are hereby made a part of this notice and the proposed contract by reference and the proposed contract shall be executed in compliance therewith.

This Notice is given by authority of the Charles City Telecommunications Utility of the City of Charles City, Iowa, for the Charles City Telecommunication Utility.

(end of notice)

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