Invitation for Bid-Broadband Project -Materials, Conduit and Vaults for Underground Construction
Click here for the amendment to the request for quotation
INVITATION FOR BID # 2011-NCBP-OSP Materials, Conduit and Vaults
July 21, 2011
Project: Nelson County Broadband Middle Mile Network
Materials Purchase: Conduit and Vaults for Underground Construction
SEALED BIDS WILL BE RECEIVED AT:
Nelson County Courthouse
Purchasing Department
P. O. Box 336
84 Courthouse Square
Lovingston, VA 22949
Faxed or electronic responses will not be accepted.
Until: Date: August 4, 2011
Time: 2:00 PM EDT
The box or envelope should be clearly labeled on the outside with the Bid #, the respondent’s name and the due date and time. The County makes no assurances that a proposal will be delivered to the Nelson County Administrator’s Office on the same date that it is received at the post office. It shall be the sole responsibility of each vendor to assure that its proposal is delivered in compliance with the specified deadline. A proposal that is received in the Lovingston post office box but not received in the Nelson County Administrator’s Office by the date and time requested, for any reason whatsoever, will be rejected as untimely.
The proposed material is underground conduit and vaults adhering to certain specifications attached as a separate Exhibit A to this invitation.
All bids must be in accordance with the Bidding Documents on file and available for download and examination at: www.nelsoncounty.com; http://www.eva.state.va.us/index.htm or by email to Nelson@iconengineering.net.
The bidder should respond to this invitation for bid (IFB) all information requested, including price by foot or each, FOB destination, and guaranteed warranty period. Nelson County prefers a warranty period of eighteen (18) months or longer. Bids shall remain subject to acceptance for 90 days after the day of the bid opening. A quote format is acceptable.
Evaluation of Bids and the awarding of a final contract are subject to the Section §2.2-4300 et seq. of the Code of the Commonwealth of Virginia for sealed bids.
Each Bid must contain evidence of Bidder’s qualifications to transact business in the Commonwealth of Virginia or covenant to obtain such qualifications prior to the award of the Contract. The Bidders Corporate number from the Commonwealth of Virginia Secretary of State and principal place of business as filed with the Commonwealth must be included where applicable.
Nelson County reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, incomplete, unbalanced, or conditional Bids, to waive informalities, and to reject the Bid of any Bidder if Nelson County believes it would not be in the best interest of Nelson County to make an award to that Bidder. Nelson County also reserves the right to negotiate for modification of the bid with the selected Bidder to such an extent as may be determined by Nelson County. Also if, in Nelson County’s opinion, a particular product and/or supplier offer distinct advantages over other Bidders, Nelson County may award to a Bidder that is deemed the most desirable and advantageous from the standpoint of overall value and services even though such bid may not, on its face, appear to be the lowest price. Distinct advantages may include specifications, shipping and delivery schedule, standardization or overall economy.
This project is funded by a grant from the Department of Commerce, Broadband Technology Opportunities Program as authorized by the American Recovery and Reinvestment Act (ARRA) of 2009 and with Virginia Community Development Block Grant funds. The purpose of the grant is to fund the construction of a middle mile network delivering broadband services to community anchor institutions, and providing access to private providers on an open access basis to enable broadband service delivery to unserved and underserved areas of Nelson County. By submitting a bid the respondent agrees to adhere to all applicable ARRA and CDBG funding requirements.
Requirements of the Federal ARRA grant state the Federal Law language beginning in the next paragraph is to be inserted into all bids, requests for proposals and contracts. The following may or may not apply to your particular bid or RFP. If you have any question about compliance please request information from the NTIA website at http://www.ntia.doc.gov/otiahome/otiahome.html.
The following referenced Federal Laws shall apply in the construction and enforcement of this Agreement, as applicable, with the same force and effect as if they were given in full text. Additional applicable Federal Laws may be contained in the following documents and are incorporated herein by reference: U.S. Department of Commerce Financial Assistance Standard Terms and Conditions, 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements to States and Local Governments, OMB Circular A087, Cost Principles for State, Local, and Indian Tribal Governments, OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, 74 FR 33104 July 9, 2009, 74 FR 41676 August 18, 2009, 74 FR 42644 August 24, 2009. American Recovery and Reinvestment Act of 2009-DOC Standard Terms and Conditions.
1. Compliance with Executive Order 11246 of September 24, 1965, entitled ‘‘Equal Employment Opportunity,’’ as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees)
2. Compliance with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair)
3. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5).
Pursuant to Section 1606 of the Recovery Act, any project using Recovery Act funds requires the payment of not less than the prevailing wages ‘‘at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor,’’ in accordance with 40 U.S.C. 3142(b), for ‘‘all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government.’’ With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and Section 3145 of Title 40, United States Code.
4. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers)
5. Compliance with Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as amended). (Applicable to all contracts and subcontracts exceeding $10,000.)
a. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the
“Standard Federal Equal Employment Opportunity Construction Contract Specifications”
set forth herein.
b. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
These goals are applicable to all the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non federally involved construction.
The Contractor’s compliance with the Executive Order 11246, as amended, and the regulations in 41 CFR Part 60‑4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60‑4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60‑4. Compliance with the goals will be measured against the total work hours performed.
6. Compliance with U.S. Department of Commerce, National Telecommunications and Information Administration (NTIA) requirements and regulations pertaining to reporting.
Recovery Act sec. 1512(c), 123 Stat. at 287; 2 CFR part 176; OMB, Interim Final
Guidance for Federal Financial Assistance, 74 FR 18449 (Apr. 23, 2009); Implementing Guidance for Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009 (OMB M–09–21 June 22, 2009),
available at: http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m0921.pdf.
7. Compliance with U.S. Department of Commerce, National Telecommunications and Information Administration (NTIA) requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.
The specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are described in more detail in 37 CFR Part 401 and in particular, in the standard patent rights clause in 37 CFR § 401.14, which is hereby incorporated by reference.
8. Compliance with U.S. Department of Commerce, National Telecommunications and Information Administration (NTIA) requirements and regulations pertaining to copyrights and rights in data.
a. Data, Databases, and Software.
The rights to any work produced or purchased under a DOC Federal financial assistance award are determined by 15 CFR § 24.34 and 15 CFR § 14.36. Such works may include data, databases or software. The recipient owns any work produced or purchased under a DOC Federal financial assistance award subject to DOC’s right to obtain, reproduce, publish or otherwise use the work or authorize others to receive, reproduce, publish or otherwise use the data for Government purposes.
b. Copyright.
The recipient may copyright any work produced under a DOC Federal financial assistance award subject to DOC’s royalty-free nonexclusive and irrevocable right to reproduce, publish or otherwise use the work or authorize others to do so for Government purposes. Works jointly authored by DOC and recipient employees may be copyrighted but only the part authored by the recipient is protected because, under 17 U.S.C. § 105, works produced by Government employees are not copyrightable in the United States. On occasion, DOC may ask the recipient to transfer to DOC its copyright in a particular work when DOC is undertaking the primary dissemination of the work. Ownership of copyright by the Government through assignment is permitted by 17 U.S.C. § 105.
9. Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
10. Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed.
11. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000).
12. Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871). [53 FR 8048, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]
13. Compliance with the Whistleblower Protection requirements of the American Recovery and Reinvestment Act (Recovery Act), Section 553 of Division A, Title XV, Public Law 111-5.
Davis Bacon Act
Federally funded projects are required to comply with the Davis-Bacon Act (“DBA”). The requirements of the DBA and related labor acts can be reviewed at http://www.dol.gov/whd/contracts/dbra.htm.
This attachment is intended to assist in the Respondent’s investigation of their wage responsibilities, but shall not be construed as full and complete information or as advice, business, legal or otherwise. It is the Contractor’s responsibility to be in full compliance with the DBA and must submit a proposal accordingly. Nelson County will be required to verify that the Contractor is in compliance with DBA.
The DBA requires Contractors and Subcontractors to submit certified weekly payrolls for contracts subject to the DBA. Employees must be paid on a weekly basis. The Wage and Hour Division of the Department of Labor (“DOL”) has made available a form that contractors may use to submit their certified weekly payrolls. While it is not required that this form be used, this form has already been verified as meeting the required needs of DBA compliance and is recommended by the DOL and is the method preferred by Nelson County. The form and its instructions can be found at http://www.dol.gov/whd/programs/dbra/wh347.htm
The construction type for this Work is “Heavy Construction.” The wage determinations on this schedule will indicate the minimum rates that can be paid for work performed on this project. For labor classifications not listed, it is the Contractor’s responsibility to anticipate the minimum rate that will subsequently be established based on the rate information provided and submit a proposal accordingly.
The Heavy Construction wage determination for Nelson County can be reviewed at http://www.wdol.gov/wdol/scafiles/davisbacon/VA148.dvb and it is the responsibility of the Contractor to ensure the most recent wage determinations are utilized in developing their response. At the time of this document’s release the following wage determination was applicable to this project (displayed verbatim):
General Decision Number: VA100148 09/24/2010 VA148
State: Virginia
Construction Types: Heavy (Heavy and Sewer and Water Line)
Counties: Fluvanna, Greene and Nelson Counties in Virginia.
HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines)
Modification Number Publication Date
0 09/24/2010
SUVA2010-046 09/02/2010
Rates Fringes
CARPENTER, Includes Form Work…. $ 12.31 0.41
CEMENT MASON/CONCRETE FINISHER… $ 19.00 3.83
ELECTRICIAN…………………. $ 22.08 6.30
IRONWORKER, REINFORCING………. $ 22.45 11.85
IRONWORKER, STRUCTURAL……….. $ 20.55 8.25
LABORERS
Common or General……….. $ 9.22 0.48
Flagger………………… $ 7.39 0.20
Landscape………………. $ 10.00
Pipelayer………………. $ 12.93 2.84
POWER EQUIPMENT OPERATOR:
Backhoe………………… $ 15.43 1.18
Bobcat/Skid Loader………. $ 11.40
Bulldozer………………. $ 20.63 7.28
Crane, All Types………… $ 15.85 1.46
Excavator………………. $ 12.50 0.54
Loader…………………. $ 11.71 2.11
Mechanic……………….. $ 26.78 6.32
Trackhoe……………….. $ 12.75 1.24
Tugboat………………… $ 19.00
TRUCK DRIVER: All Dump Trucks…. $ 9.96 0.97
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WELDERS – Receive rate prescribed for craft performing operation to which welding is incidental.
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Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).
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In the listing above, the “SU” designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party’s position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Exhibit A
Specifications Invitation for Bid # 2011-NCBP-OSP Materials Conduit and Vaults:
I. General Information
This Exhibit specifies the requirements for High Density Polyethylene (HDPE) conduit, large and small vaults to be used in the primarily middle mile Nelson County broadband project in Nelson County, Virginia.
In accordance with grant requirements, all materials shall be manufactured in the USA.
II. High Density Polyethylene (HDPE) conduit
- Conduit shall meet the requirements of ASTM F2160, latest edition, designed for non-pressure underground use in the communications industry.
- Conduit shall be 2-1/2” IPS (Iron Pipe Size), smooth wall ID, SDR 13.5, orange in color.
- Markings shall include the ASTM standard number (F2160), type, wall thickness (or other specific indication of wall thickness), month and year of manufacture.
- Conduit shall be delivered on reels with complete shipping information on each reel.
- Substitutions may be allowable, upon written request, to the reel size and other non-essential specifications (e.g. wall may have additional color stripes).
III. Specification for Small and Large Vaults:
- Vaults and lids shall meet ANSI/SCTE 77 2007 Tier 15 (22,500# Test Load). Lid shall be labeled Nelson County, VA NCBA FOC.
- The approximate size of the large vaults shall be 30”x48”x24”.
- The approximate size of the small vaults shall be 13”x24”x18”.
- Vaults shall be manufactured from a polymer concrete.
- Vaults shall be of the open bottom type.
- Vaults shall be corrosion resistant to acidic, alkaline, and weathering solutions. Vaults shall have good long term reliability in freeze thaw cycles.
IV. Information Accompanying each Reel
Each cable shall have a certified test data sheet attached to the reel in a waterproof wrapping containing the following information; conduit number, date, customer name, ordered length, customer order number, ship length, customer reel number. Each reel shall contain a tag fastened to the reel containing the same information provided on the data sheet. The reel tag shall also include the gross weight, net weight, and date of manufacture.
Each reel shall be permanently marked with the manufacturer’s name.
V. Quantities
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Materials Quantities
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Conduit Size
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Total Footages
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# of Reels
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Reel Size
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2 ½ inch
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70,000
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40
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90 inches
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|
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Vaults
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Size
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Number of Vaults
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Small
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13”x24”x18”
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50
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Large
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30”x48”x24”
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60
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