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NOTICE TO BIDDERS
NOTICE OF TAKING OF BIDS FOR THE CONSTRUCTION OF THE 3RD STREET ELEVATED STORAGE TANK REPLACEMENT FOR THE CITY OF WAUKEE, IOWA
Sealed proposals must be filed with the City Clerk of the City of Waukee, Iowa, in the West Conference Room at the City Hall, 230 W. Hickman Road, Waukee, Iowa, before 2:00 P.M. on the
25th day of April, 2023, for the construction of the 3rd Street Elevated Storage Tank Replacement project, and work incidental thereto, as described in the plans and specifications therefor, now on file in the office of the City Clerk at City Hall. Proposals will be opened and the amount of the bids announced in said West Conference Room by the City Clerk at the time and date specified above.
In addition, interested persons may alternatively attend as follows:
Dial-in: (866) 516-3949
Proposals will be acted upon by the City Council of said City in the Council Chambers at 5:30 P.M. on the 1st day of May, 2023, or at such later time and place as then may be fixed.
Due to public health concerns and guidance, in accordance with Iowa Code Sections 21.4(1)(b) and 21.8, this meeting of the Waukee City Council will be conducted with two different options for public participation: 1) Members of the public wishing to attend in person may do so in the Council Chambers at Waukee City Hall. 2) Members of the public wishing to participate electronically may do so via Zoom at the following link or phone numbers:
Meeting ID: 352-651-371
Or by phone:
+1 646-558-8656 or
+1 312-626-6799 or
In-person meetings are subject to change under certain circumstances, including but not limited to higher than average participation or changes in health guidelines. If the meeting shall be held electronically only, notice shall be posted to the City website (Waukee.org) and City social media. Questions regarding meeting format may also be directed to the City Clerk’s office at 515-978-7904.
During said hearing, any interested person may participate and/or file objections thereto or to the cost of the improvements.
The work to be done is as follows:
3RD STREET ELEVATED STORAGE TANK REPLACEMENT
Construct 3rd Street Elevated Storage Tank Replacement including all labor, materials, and
equipment necessary to construct a 2,500,000 gallon elevated water storage tank, including excavation, backfill and site work, foundation, granular surfacing, buried piping, painting, electrical wiring and conduit, controls integration, lighting, miscellaneous equipment, demolition of existing elevated storage tank, site grading, surface restoration and miscellaneous associated work, including cleanup.
All work and materials are to be in accordance with the proposed plans, specifications, form of contract and estimate of cost now on file in the office of the City Clerk of Waukee, Iowa, and by this reference made a part thereof as though fully set out and incorporated herein.
All proposals and bids in connection therewith shall be submitted to the City Clerk of said City on or before the time herein set for said receipt of bids. All proposals shall be made on official bidding blanks furnished by the City, and any alterations in the official form of proposal will entitle the Council, at its option, to reject the proposal involved from consideration. Each proposal shall be sealed and plainly identified.
Each proposal shall be made out on a blank form furnished by the municipality and must be accompanied by bid security, as follows: a certified or cashier's check, drawn on a solvent Iowa bank or a 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, in an amount equal to five percent (5%) of the bid, or a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa in a penal sum of five percent (5%) of the bid.
The bid security should be made payable to the CITY OF WAUKEE, IOWA. 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 City as liquidated damages in the event the successful bidder fails or refuses to enter into a contract within 10 days after the award of contract and post bond satisfactory to the City 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 included in the specifications.
In accordance with Iowa statutes, 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 bid may result in the bid being deemed nonresponsive and rejected.
The City Council reserves the right to reject any or all bids, to waive informalities or technicalities in any bid and to accept the bid which it deems to be to the best interest of the City.
The City reserves the right to defer acceptance of any proposal for a period not to exceed thirty (30) calendar days from the Deadline for submission of proposals.
The successful bidder will be required to furnish bonds in an amount equal to one hundred percent (100%) of the contract price, said bonds to be issued by responsible surety approved by the City Council and listed in the U.S. Treasury Department's most current list (Circular 570, as amended) and authorized to transact business in the State of Iowa and shall guarantee (1) the faithful performance of the contract and the terms and conditions therein contained, (2) the prompt payment to all persons, firms, subcontractors and corporations furnishing materials, service, or transportation for or performing labor in the prosecution of the work, and (3) the maintenance of improvements in good repair for not less than two (2) years from the time of acceptance of the improvements by the City.
The work under the contract shall commence within ten (10) days after date set forth in written Notice to Proceed. The interim completion date with the elevated storage tank and appurtenances tested and operational is May 31, 2025. All work on the contract shall be completed by November 30, 2025, subject to any extensions of time which may be granted by the City.
The duration of the work is critical to the project so as to minimize the disruption associated
with the project to the public. Damages in the amount of Five Hundred Dollars ($500.00) per calendar day will be assessed for each day that the elevated storage tank and appurtenances are not tested and operational after May 30, 2025 at the sole discretion of the City with due allowance for extensions of the contract period due to conditions beyond the control of the Contractor. Damages in the amount of Five Hundred Dollars ($500.00) per calendar day will be assessed for each day that the project is not completed after November 30, 2025 at the sole discretion of the City with due allowance for extensions of the contract period due to conditions beyond the control of the Contractor. Separate damage assessments may be made for each of the two completion dates. At the option of the City, damages may be deducted from any retainage prior to release, the final payment to contractor, or through the commencement of a cause of action by the City, in the City’s sole discretion. The selection by the City of any particular course of action hereunder is not exclusive and shall not preclude the pursuit of additional remedies by the City. In the event the City institutes legal proceedings, the Contractor shall be responsible for any and all attorney’s fees and expenses.
Sales Tax Exemption. Contractors and subcontractors shall not include sales tax for material purchases. At the time of the contract acceptance by the City Council, the prime contractor and all subcontractors will be issued a certificate of exemption.
Payment of the cost of said project will be made from any one or a combination of the following sources at the sole discretion of the City Council: (1) cash to be derived from the proceeds of the issuance and sale of Sewer Revenue Bonds, which will be payable solely and only out of the future net revenues of the Municipal Sewage Utility, and/or from such other cash funds on hand of said Utility as may be lawfully used for said purpose; (2) cash derived from the proceeds of the issuance and sale of General Obligation Bonds of said City; (3) cash from such general funds of said City as may be legally used for such purpose; and (4) cash from proceeds of a State Revolving Loan fund.
Payment to the Contractor for said construction will be made from one or any combination of the following resources: (1) cash on hand as may be legally used for such purposes, (2) cash derived from the proceeds of the sale and issuance of General Obligation Bonds of the City, or any combination thereof.
Payment to the Contractor will be on the basis of monthly estimates equivalent to ninety-five percent (95%) of the contract value of the work completed and payments made to material suppliers for materials ordered specifically for the project or delivered to the site during the preceding calendar month. Estimates will be prepared each month by the Contractor, subject to the approval of the Architect/Engineer, who will certify to the City for payment each approved estimate at least five days prior to City Council meeting. Such monthly payments shall in no way be construed as an act of acceptance for any part of the work partially or totally completed. Upon completion of the work and its acceptance by the City Council, 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. The balance due the Contractor will be paid, subject to the conditions and in accordance with the provisions of Chapters 26 and 573 of the Code of Iowa, as amended. No such partial or final payments will be due until the Contractor has certified to the City that the materials, labor and services involved in each estimate have been paid for in accordance with the requirements stated in the specifications.
Plans and specifications governing the construction of the proposed improvements, and also the prior proceedings of the City Council 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.
Copies of said plans and specifications and form of contract are now on file in the office of the City Clerk. Copies may be obtained from VEENSTRA & KIMM, INC., 3000 Westown Parkway, West Des Moines, Iowa 50266 at no charge.
This notice is given by order of the Council of the City of Waukee, Iowa.
Courtney Clarke, Mayor
ATTEST: Rebecca D. Schuett, City Clerk