RES 2014-0854 - Precision Enterprises appeals bid rejection for OPW 52645, Woodland Heights phase I project 13951 Valley Ridge Drive
um e ®- : .., Omaha, NE 68128
Ph: 592-3323
Fax: 592-2827
u8NSIINSMrr ENTERPRISES, INC. www.precisionenterprise.com
6/30/2014
r' 3
Buster Brown—City Clerk " ' '.
1819 Farnam Street
Omaha, NE 68183 ,
RE: Project OPW 52645, Woodland Heights
Dear Buster Brown:
This letter is in regard to the OPW 52645 —Woodland Heights project. Bids were received by the City of
Omaha 6/18/2014 at 2:00 p.m. and opened publicly.
Precision Enterprises, Inc. received a letter from the planning director, James R. Thele, dated 6/20/2014 (a
copy of which is included with this appeal) indicating that our bid was not compliant with the Small &
Emerging Business requirements for this project.
Precision Enterprises, Inc. objects to this ruling for the following reasons:
- During the public bid opening, while all forms were being acknowledged, no indication was given
that any required forms were missing.
- The SEB Program requirements exist for the good of the project rather than the bidding process.
We are in compliance with the requirements of the project. An additional copy of Exhibit A-3 is
included with this appeal. These are the same contractors we currently have working on the OIC
project.
- Due to the fact that Precision Enterprises, Inc. is the only bidder for the project, it stands to reason
that no other bidders will be affected by a decision not to disqualify our bid.
We appreciate your consideration of this appeal and look forward to building the Woodland Heights
project.
Sincerely,
Mike Meyers
Precision Enterprises, Inc.
Cc: Ryan Steele, Owner Precision Enterprises, Inc.
OMAHA, j
City ofOmaha, Ne bras 4
a `� 11
1819 Farnam— i 2
Suite LC 1 ® co
Omaha, Nebraska 68183-0112 0� ';_ :r.,
Buster Brown (402) 444-5550
City Clerk FAX (402) 444-5263 O��TEp FEB1t��44
July 2, 2014
Mike Meyers
Precision Enterprises, Inc.
13951 Valley Ridge Drive
Omaha,NE 68128
Dear Mr. Meyers:
This letter is notification that a hearing before the Omaha City Council on the appeal of
Precision Enterprises, Inc.'s bid rejection for the "OPW 52645 — Woodland Heights —
Phase I"project has been set for July 15,2014.
The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4),
Omaha/Douglas City Center, 1819 Farnam Street, Omaha,Nebraska.
We will mail you an agenda for the City Council Meeting when the agenda has been
published on July 11, 2014. You may also view the agenda on July 11th on our website at
www.ci.omaha.ne.us.
This is your opportunity to present your case to the City Council.
Sincerely yours,
uster Brown
City Clerk
BJB:sb
cc: James Thele—Director,Planning Department
Paul Kratz—City Attorney
Michelle Peters—Assistant City Attorney
Eric Carlson-Purchasing Division
- - City of Omaha Small & Emerging Small Business Program
ref.
Participation Disclosure Form
THIS FORM MUST BE SUBMITTED WITH THE BID
k NOTICE: This form must be submitted by the General Contractor/Lead Consultant at the time of bid/agreement submission,designating all companies utilized to complete the scopes of work
E designated as reserved for Program Participants on the Participation Utilization Form attached to the project documentation. The General Contractor/Lead Consultant may utilize SEB Program
Participants for additional scopes of work not specified on the Participation Utilization Form,but they may not be substituted for scopes specifically identified by the City on the Participation
Utilization Form. Should the below listed SEB Program Participant be determined to be unable to perform successfully or is not performing satisfactorily,the General Contractor/Lead Consultant
shall obtain written approval from the Public Works Director or a designee before dismissal/substitution of the Participant. By submitting this form,the General Contractor/Lead Consultant is
certifying that it has afforded any/all applicable program participants the opportunity to submit bids/proposals on this project.
Identified Full Name of Projected start/
Scope Participant completion date Agreed Price Percentage of total contract
F/e to I Mrst, 9 2/y- iz/y #z1,�a�r 3.8
G/�� �� / c4 thZ l//y -/Z/l Y '90D o. i
S 67z fla/kiz ,f/x5 43/iq--/day $ 14 500 4 . ty
g"1
TOTAL: ?z , /Oa
CERTIFICATION:
The undersigned certifies that he/she has read, understands, and agrees to be bound by small and/or emerging small business participation utilization requirements, and the other terms and
conditions of the Invitation for Bids/Request for Proposals. The undersigned further certifies that he/she is legally authorized to make the statements and representations as to the Participation
Utilization requirements and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with the
Participating Companies listed in the above disclosure at the price(s)set forth in this disclosure, conditioned upon execution of a contract/agreement by the undersigned company with the City of
Omaha. The undersigned agrees that if any of the representations made regarding utilization of small and/or emerging small business by the General Contractor/Lead Consultant,knowing them to
be false, or if there is a failure by the undersigned company to implement the stated agreements, intentions,objectives,goals,and comments set forth herein without prior approval of the Public
Works Director or designee,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the bid/proposal or to terminate the Contract/Agreement for default.
The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract/Agreement, under City of
Omaha's Contract Compliance Ordinance or otherwise.
oit
Signed this 540 day of �n e., in the year 2Oly
Signature: , Title: c� „f,",,� Printed Name: /7i�e e,j/�S
Firm or Corporate
Name: R.ecisT yt 4-ior�1SZ-S, t.0 .
Address: 139 / Uo R y, �Ao JE a/3 7 Telephone No.: 46,Z)59Z'. Z3
A-3 3/2013
ONIAFiA,n,E
of s� Planning Department
A.'`_� il,
Permits&Inspections Divison
y 1� _t� „Elit ^, Omaha/Douglas Civic Center
M® Ct*,('rit
O�-33` '� :_^°�' 1819 Farnam Street,Suite 1110
Oro Omaha,Nebraska 68183
R4TFD FEBAX°. (402)444-5350
Telefax(402)444-6140
City of Omaha James R.Thele
Jean Stothert,Mayor
Director
June 20, 2014
Precision Enterprises, Inc.
13951 Valley Ridge Drive
Omaha, NE. 68138
RE: Bids for Project OPW 52645, Woodland Heights
Dear Mr. Meyers,
Section 10-110 of the Omaha Municipal Code allows a Departmental Director to reject bids
because items on the bid received were non-compliant with the specifications. This letter is to
serve as written notice that your bid for Project OPW 52645, Woodland Heights at 42"d and
Lake Streets was rejected for the following reason(s):
• The bid was not compliant with the Small & Emerging Business requirements.
The City of Omaha Planning Department appreciates your interest and participation in the
bidding process. Section 10-110 of the Omaha Municipal Code also provides that: "Within ten
(10) days after a bid is rejected, any rejected bidder may appeal to the city council by filing with
the city clerk a written objection stating all the reasons for the objection."
Sin erely
.ram.�— - ! 7a-- .C_
James R. Thele
Planning Director £:
(LiOZ) tiL9 555-7
Cc: Buster Brown, City Clerk
Michelle Peters, Law Dept.
No. )
Mike Meyers, representing Precision
Enterprises, Inc., appeals the rejection of their
bid of June 18, 2014 for OPW 52645 -
Woodland Heights - Phase I project.
(,0
RECEIVED
Presented to Council:
July 15, 2014 -- %,..f,iO4 0f ze.r��,-Q/ 1 /S /,rr,"q/ 7-67
Buster Brown
City Clerk