NOTICE OF PUBLIC HEARING AND LETTING AND NOTICE TO BIDDERS
NOTICE OF PUBLIC HEARING AND LETTING ON PROPOSED PLANS AND SPECIFICATIONS, PROPOSED FORM OF CONTRACT AND ESTIMATE OF COST FOR 2018 FTTH CONSTRUCTION PROJECT FOR SPENCER MUNICIPAL UTILITIES, SPENCER, IOWA, AND THE TAKING OF BIDS THEREFORE.
Sealed bids will be received by the General Manager/CEO of the Spencer Municipal Utilities, Spencer, Iowa, at its Engineer’s office, 1308 West Highway 13, Burnsville, MN 55337 on or before 2:00 P.M., on the 27th day of June 2018, for the construction of the 2018 FTTH Construction Project and work incidental thereto as hereinafter described in general, and as described in detail in the plans and specifications for the improvements now on file in the office of the Secretary of the Board of Trustees, Spencer Municipal Utilities. Bids received after the deadline for submission of bids as stated herein shall not be considered and shall be returned to the late bidder unopened.
Sealed proposals will be opened and bids tabulated at 2:00 P.M. on the 27th day of June, 2018, for consideration by the Board of Trustees of Spencer Municipal Utilities at its meeting at 7:00 A.M., on the 11th day of July, 2018, in the Utilities Office, 520 2nd Avenue East, Suite 1, Spencer, Iowa.
The Board of Trustees of the Spencer Municipal Utilities, Spencer, Iowa, will hold a public hearing on the proposed plans, specifications, form of contract and estimate of cost for the construction of the improvements hereinafter described in accordance with the provisions of Chapter 384, Code of Iowa, at 7:00 A.M., on the 11th day of July, 2018, in the Utilities Office, Spencer, Iowa. At the hearing any interested person may appear and file objections thereto or to the cost of the improvements.
The work is described in general as follows:
The work consists of construction of approximately 33 miles of buried fiber optic distribution, 1 mile of fiber interconnect cable, and approximately 1,569 buried service entrances for a total of approximately 80 route miles of construction.
The work shall be in accordance with the plans, specifications and proposed form of contract now on file in the office of Spencer Municipal Utilities, Spencer, Iowa, by this reference made a part hereof, as though fully set out and incorporated herein.
The plans, specifications, and construction sheets together with all necessary forms and other documents for Bidders may be obtained from the Owner, or from Engineer, OAK HILL CONSULTING, INC., 1308 West Highway #13, Burnsville, MN 55337, Telephone (952) 895-8851. The first set is provided at no charge, additional sets may be purchased upon payment of one hundred dollars ($100.00) which payment will not be subject to refund. The plans, specifications, and construction sheets may be examined at the offices of the Owner or Engineer. The Owner may restrict the distribution of the plans and specifications.
Each bid shall be made out on a blank form furnished by the Utility and must be accompanied by bid security as defined in Iowa Code Section 26.8, as security that the successful bidder will enter into a contract for the work bid upon and will furnish after the award of contract a corporate surety bond, in a form acceptable to the Utility, for the faithful performance of the contract, in an amount equal to 100% of the amount of the contract. The bidder’s security shall be in the amount equal to ten percent (10%) of the amount of the Bid and shall be in the form of a cashier’s check or a certified check drawn on an FDIC insured bank in Iowa or on an FDIC insured bank chartered under the laws of the United States; or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States; or a bid bond on the form provided in the contract documents with corporate surety satisfactory to the Utility. The bid security shall be made payable to Spencer Municipal Utilities. The bid security must not contain any conditions either in the body or as an endorsement thereon. Such bid security shall be forfeited to the Utility as liquidated damages in the event the successful bidder fails or refuses to enter into a contract within ten (10) days after the award of contract and post satisfactory Performance and Payment Bonds. No oral facsimile, telegraphic, or telephonic bids or modifications will be considered.
Each successful bidder will be required to furnish a corporate surety bond in an amount equal to 100% of its contract price. Said bond shall be issued by a responsible surety approved by the Utility and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all material and labor, and protect and save harmless the Utility from claims and damages of any kind caused by the operations of the contract and shall also guarantee the maintenance of the improvement caused by failures in materials and construction for a period of two years from and after acceptance of the contract.
Payment to the Contractor for said construction work will be made from cash on hand or such other funds that legally may be used or obtained for such purposes. Estimates will be paid monthly by Spencer Municipal Utilities to the Contractor in accordance with the provisions of Chapters 26 and 573 of the Code of Iowa, as amended, in accordance with the following schedule:
Ninety-five percent (95%) upon certification of units completed; five percent (5%) thirty-one days after final completion and acceptance.
The construction must be started after the execution of the Construction Agreement (the Contract) and approval of the Contract and bond by the Board of Trustees, and all parts thereof shall be substantially completed within 320 days from Contract Commencement Date.
By virtue of statutory authority, a preference will be given to products and provisions grown, and coal produced within the State of Iowa, and preference shall be given to Iowa domestic labor in the construction of said improvements, to the extent lawfully required under Iowa statutes.
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.
Failure to submit a fully completed Bidder Status Form with the Proposal may result in the Proposal being deemed nonresponsive and rejected.
The Utility may make the Contract award to the lowest responsive, responsible bidder meeting the specifications, subject to the following. The Utility reserves the right to defer acceptance of any bid for a period not to exceed thirty (30) days after the date bids are received and no bid may be withdrawn during this period. The Utilities also reserves the right to waive irregularities, reject any or all bids, and enter into such contract as it shall be deemed to be in the best interest of the Utility.
This Notice is given by authority of the Board of Trustees of Spencer Municipal Utilities.
Dated this 13th day of June, 2018.
SPENCER MUNICIPAL UTILITIES
By: /s/ Chris Tostenrud
Secretary – Board of Trustees