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RES 2012-1049 - Bid from Neuvirth Construction Inc for Walnut Grove Park drainage improvements ►• O�,otAAHA,HA Parks,Recreation& `tea 1RECEIVED Public Property Department Omaha/Douglas Civic Center x r ,e10 4' P AUG -6 PH12: 3 1819 Farnam Street,Suite 701 7y1"y =• Omaha,Nebraska 68183-0701 �AoR P u� SCLERK (402)444-5900 8p FEBR FAX(402)444-4921 DO HA, p'^s City of Omaha '' :H , , .S.s d;A! Jim Sutde,Mayor Honorable President and Members of the City Council, Transmitted herewith is a BID TABULATION and a RESOLUTION authorizing the Purchasing Agent to issue a Purchase Order to Neuvirth Construction, Inc., to furnish labor, materials, and all incidentals necessary to complete the construction of the culvert removal and replacement, site grading , and seeding for the Walnut Grove Park Drainage Improvements, 15050 Q Street, in the total amount of$93,700.00. The work shall include, but not limited to culvert removal, new culvert installation, rip-rap, site grading, erosion control, and seeding, for the Parks, Recreation, and Public Property Department. Neuvirth Construction, Inc. submitted the lowest and best bid. The following bids were received on July 18, 2012: CONTRACTOR BID NEUVIRTH CONSTRUCTION,INC. $ 93,700.00 (BEST BID) Kersten $124,214.00 TAB $131,900.00 Action Contracting $143,950.00 Valley Corporation $144,800.00 Anchor $154,306.00 Swain $191,000.00 Neuvirth Construction, Inc. has on file a current Annual Contract Compliance Report Form (CC- 1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. Finance Depaitiiient is authorized to pay the Funds in the amount of $93,700.00 to Neuvirth Construction, Inc. from the 2010 Parks & Recreation Bond Fund No. 13355 and Organization No. 117317, Parks & Cultures Bond. 0 El), CE w 7 O a a " >. — :+ a) aen m a.. i . Q 'co Q (0 Q (0 L.) bD ns Contracting Co., Inc. $1,683.00 per AC $1,683.00 11 900.011 EROSION CONTROL BLANKET Engineeer's Estimate 2492 @ $2.00 per SY $4,984.00 Anderson Excavating Co. $2.75 per SY $6,853.00 Action Contracting, Inc. $2.15 per SY $5,357.80 Midwest Excavating Services $1.85 per SY $4,610.20 Valley Corporation $2.19 per SY $5,457.48 Navarro Enterprise Construction, Inc. $1.82 p per SY $4,535.44 M. E.Collins Contracting Co., Inc. $5.00 per SY $12,460.00 12 900.012 FIBER ROLL Engineeer's Estimate 524 @ $2.00 per LF $1,048.00 Anderson Excavating Co. $5.00 per LF $2,620.00 Action Contracting, Inc. $2.30 per LF $1,205.20 Midwest Excavating Services $2.60 per LF $1,362.40 Valley Corporation $3.12 per LF $1,634.88 Navarro Enterprise Construction, Inc. $2.59 per LF $1,357.16 M. E. Collins Contracting Co., Inc. $4.50 per LF $2,358.00 Page 5 of 6, 7/11/2012 12:14:40 PM, Bid Tabulation, Generated by: guygerhard for project OPW 52346-SP Tabulation, Generated by: guygerhard for project OPW 52346-SP ['FG! z 1 N cA ro Oa,N ^ MN/$ ..` / T =1 g 1 1 WI r Olj /aUhp Sp, /� 400 I of I , h° -Zw o0 '' C.OW �9A%N %z Imz w ,y o a ' N c> O '..t rn I _9�g a i'd° rig o� 'ol'° ��and ..02Sf,B I a a.hln a `\ JJ p b O s[/ 1 -NQ `\\ w < pNa �C M p0.8 •�00. _ gory lu m w % J1 s . \`\' ---�0''60SL 8Ao• , iu.' \•fi��� ! Z '�f'� m`" -� u i^m o I .,<2. i 92[• Q 8, 92S1`.8 _``/2tico o a N 'ET,,, i s / N / , a o^ 1 9dI I /N� 0 g "000 2- Z6 c nvm' v o �d0\ / ,e� f - 1 °° �'�Lt,94.09N j' N w. z Ilbujw ' n wwi o a❑ 0 ^pry �- �a.t9'SZC 3. r 1- w a 210 N v,c, m w ¢i i,i g o F o a I� --�'- W,Z6SZ o O m?W z n o • M o Lww S N i I Z .�ZWI=- 2.01,, < N \N-,9wW 3kow2 ! a I S>. ZQO N 'Z' E3UU �ZS t o ° w'�I_fl goUj n N P�zla� ,„,Q0-{ E �rnz �2 z�6rc�o¢ LT, dr,81- �d8wao 1 �00 0= N p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Page -2- Honorable President and Members of the City Council, The Parks, Recreation and Public Property Department recommends the acceptance of the bid from Neuvirth Construction, Inc. being the lowest and best bid received, and requests your consideration and approval of this Resolution. Respectfully submitt d, rook Bench, Acting Director ate Parks, Recreation and Public Property Department Approved as to Funding: Approved: %kQJj /I f] Pam Spaccarotella Date Human Rights and Relations Date Finance Director Referred to City Council for Co ation: Mayor' 0. ice/Title Date p:1671tmb vtle� % DATE: 7( (�rIZ • • Page 6 of 6, 7/11/2012 12:14:40 PM, Bid Tabulation, Generated by:guygerhard for project OPW 52346-SP Title • • m 0 0 • 0 3 Zc.) 0 o W >- C 1 V I- W a) L y a) Z U o z a. E m 0 L a Z U o O } ) n re 0 C a 69- CO 0 0 00 m I- w ,- o Cl) Z O N o0 U.] e- ER ER Ca - 0 0 0 o 0 F- W 0 o W Cam.) Z U 0 Q = a cota o o Iw rn o W:3 Z U W Q G! v C.)O a E _G a) p c m d Z a E aa)) i- c c a aEi a Q O- II w n Q .0 a 0 z E 0 ev O L c La 11. O a) 0 a _C 0 rn m Z 5aal a c.) o Y L LLJ L o O 1 o 0 a- o M u, O }. W Z CO 0 0 a) c G O 3 Z w- 5 m 03 0 O c E N p a in © c a) m < O N E g ' m o t o C CO 1° H O --) 0 a C1 Contracting $143,950.00 Valley Corporation $144,800.00 Anchor $154,306.00 Swain $191,000.00 Neuvirth Construction, Inc. has on file a current Annual Contract Compliance Report Form (CC- 1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. Finance Depaitiiient is authorized to pay the Funds in the amount of $93,700.00 to Neuvirth Construction, Inc. from the 2010 Parks & Recreation Bond Fund No. 13355 and Organization No. 117317, Parks & Cultures Bond. 0 El), CE w 7 O a a " >. — :+ a) aen m a.. i . Q 'co Q (0 Q (0 L.) bD ns Contracting Co., Inc. $1,683.00 per AC $1,683.00 11 900.011 EROSION CONTROL BLANKET Engineeer's Estimate 2492 @ $2.00 per SY $4,984.00 Anderson Excavating Co. $2.75 per SY $6,853.00 Action Contracting, Inc. $2.15 per SY $5,357.80 Midwest Excavating Services $1.85 per SY $4,610.20 Valley Corporation $2.19 per SY $5,457.48 Navarro Enterprise Construction, Inc. $1.82 p per SY $4,535.44 M. E.Collins Contracting Co., Inc. $5.00 per SY $12,460.00 12 900.012 FIBER ROLL Engineeer's Estimate 524 @ $2.00 per LF $1,048.00 Anderson Excavating Co. $5.00 per LF $2,620.00 Action Contracting, Inc. $2.30 per LF $1,205.20 Midwest Excavating Services $2.60 per LF $1,362.40 Valley Corporation $3.12 per LF $1,634.88 Navarro Enterprise Construction, Inc. $2.59 per LF $1,357.16 M. E. Collins Contracting Co., Inc. $4.50 per LF $2,358.00 Page 5 of 6, 7/11/2012 12:14:40 PM, Bid Tabulation, Generated by: guygerhard for project OPW 52346-SP Tabulation, Generated by: guygerhard for project OPW 52346-SP ['FG! z 1 N cA ro Oa,N ^ MN/$ ..` / T =1 g 1 1 WI r Olj /aUhp Sp, /� 400 I of I , h° -Zw o0 '' C.OW �9A%N %z Imz w ,y o a ' N c> O '..t rn I _9�g a i'd° rig o� 'ol'° ��and ..02Sf,B I a a.hln a `\ JJ p b O s[/ 1 -NQ `\\ w < pNa �C M p0.8 •�00. _ gory lu m w % J1 s . \`\' ---�0''60SL 8Ao• , iu.' \•fi��� ! Z '�f'� m`" -� u i^m o I .,<2. i 92[• Q 8, 92S1`.8 _``/2tico o a N 'ET,,, i s / N / , a o^ 1 9dI I /N� 0 g "000 2- Z6 c nvm' v o �d0\ / ,e� f - 1 °° �'�Lt,94.09N j' N w. z Ilbujw ' n wwi o a❑ 0 ^pry �- �a.t9'SZC 3. r 1- w a 210 N v,c, m w ¢i i,i g o F o a I� --�'- W,Z6SZ o O m?W z n o • M o Lww S N i I Z .�ZWI=- 2.01,, < N \N-,9wW 3kow2 ! a I S>. ZQO N 'Z' E3UU �ZS t o ° w'�I_fl goUj n N P�zla� ,„,Q0-{ E �rnz �2 z�6rc�o¢ LT, dr,81- �d8wao 1 �00 0= N p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc H W E V a r- w Z U O 2 a 1- w z 0 a 1- W • Z U D a • m o r Q c)o 0 0 U Z 0a s w iu a Nt > CO . Q . O Q Z V C) A O o z c . a a 4* a) = m• d E -I<EE E c Gc = E U oO P., a ._ Q o 0Q y• 0 ' ao z • .E ' L c O a) W L O E m CL . 3 _ a) a) d. S 0 rn ca • Es c V c o w a OM O L a EL O 0 V 0 o Uf m a) O • a Z C9 O O 0, c G c � m O p - E CI a m J O c� E c0 ' _ o ao t a C 3 m T.... ca RI °. >. I- o 4 oa - . a 0 CO 0 0 a) c G O 3 Z w- 5 m 03 0 O c E N p a in © c a) m < O N E g ' m o t o C CO 1° H O --) 0 a C1 Contracting $143,950.00 Valley Corporation $144,800.00 Anchor $154,306.00 Swain $191,000.00 Neuvirth Construction, Inc. has on file a current Annual Contract Compliance Report Form (CC- 1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. Finance Depaitiiient is authorized to pay the Funds in the amount of $93,700.00 to Neuvirth Construction, Inc. from the 2010 Parks & Recreation Bond Fund No. 13355 and Organization No. 117317, Parks & Cultures Bond. 0 El), CE w 7 O a a " >. — :+ a) aen m a.. i . Q 'co Q (0 Q (0 L.) bD ns Contracting Co., Inc. $1,683.00 per AC $1,683.00 11 900.011 EROSION CONTROL BLANKET Engineeer's Estimate 2492 @ $2.00 per SY $4,984.00 Anderson Excavating Co. $2.75 per SY $6,853.00 Action Contracting, Inc. $2.15 per SY $5,357.80 Midwest Excavating Services $1.85 per SY $4,610.20 Valley Corporation $2.19 per SY $5,457.48 Navarro Enterprise Construction, Inc. $1.82 p per SY $4,535.44 M. E.Collins Contracting Co., Inc. $5.00 per SY $12,460.00 12 900.012 FIBER ROLL Engineeer's Estimate 524 @ $2.00 per LF $1,048.00 Anderson Excavating Co. $5.00 per LF $2,620.00 Action Contracting, Inc. $2.30 per LF $1,205.20 Midwest Excavating Services $2.60 per LF $1,362.40 Valley Corporation $3.12 per LF $1,634.88 Navarro Enterprise Construction, Inc. $2.59 per LF $1,357.16 M. E. Collins Contracting Co., Inc. $4.50 per LF $2,358.00 Page 5 of 6, 7/11/2012 12:14:40 PM, Bid Tabulation, Generated by: guygerhard for project OPW 52346-SP Tabulation, Generated by: guygerhard for project OPW 52346-SP ['FG! z 1 N cA ro Oa,N ^ MN/$ ..` / T =1 g 1 1 WI r Olj /aUhp Sp, /� 400 I of I , h° -Zw o0 '' C.OW �9A%N %z Imz w ,y o a ' N c> O '..t rn I _9�g a i'd° rig o� 'ol'° ��and ..02Sf,B I a a.hln a `\ JJ p b O s[/ 1 -NQ `\\ w < pNa �C M p0.8 •�00. _ gory lu m w % J1 s . \`\' ---�0''60SL 8Ao• , iu.' \•fi��� ! Z '�f'� m`" -� u i^m o I .,<2. i 92[• Q 8, 92S1`.8 _``/2tico o a N 'ET,,, i s / N / , a o^ 1 9dI I /N� 0 g "000 2- Z6 c nvm' v o �d0\ / ,e� f - 1 °° �'�Lt,94.09N j' N w. z Ilbujw ' n wwi o a❑ 0 ^pry �- �a.t9'SZC 3. r 1- w a 210 N v,c, m w ¢i i,i g o F o a I� --�'- W,Z6SZ o O m?W z n o • M o Lww S N i I Z .�ZWI=- 2.01,, < N \N-,9wW 3kow2 ! a I S>. ZQO N 'Z' E3UU �ZS t o ° w'�I_fl goUj n N P�zla� ,„,Q0-{ E �rnz �2 z�6rc�o¢ LT, dr,81- �d8wao 1 �00 0= N p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS RETURN BIDS TO: Published:July 4,2012 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 6 Pages 1819 Femam Street Omaha,Nebraska 68183-0011 BiD BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO°CITY OF OMAHA". Bid Closing Date: 11:00 A.M. July 18,2012 IMPORTANT 1.Bid must be in the office of the Acting CITY CLERK,LC•1,OMAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. . CENTER, 1819 Femme Street Omaha,NE 68183-0011 by dosing date and time 6.When submitting bid on items listed,bidder may on a separate sheet make suggestions indicated,in seated envelope marked tilt ON:WALNUT GROVE PARK DRAINAGE covering reduction rn costs wherever this is possible through redesign,change of mate:lel IMPROVEMENTS, or utilization of standard items or quantity change. ' 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid Bond or certified chedr shad be made payable to the'City of Omaha'. FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 3.Right is reserved to accept or reject any or all bids in their entirety and the bidders shall have the right to appeal any decision to the City Council. Right is also reserved to accept or reject any part of your bid unless otherwise indicated by you. 4.If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates we be furnished.Do not include tax in bid Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (a) the specifications and drawings prepared by the HGM ASSOCIATES,INC for the WALNUT GROVE PARK DRAINAGE IMPROVEMENTS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO / ,,THROUGH / it is understood (a)that as to the contract which may be awarded upon this proposal,the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that It is the Intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid,having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt. . On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: � � 11 7 BASE BID: ill/ Vert/ 7-it - T�0 SftN� .Sti)�- i 4 ry n(L�p Jon fa 7), l`)_c�10 Note: Refer to page 2 of 6 For Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any Questions refunding the Bid or Contract Documents directly to the Park Plan Writs Division at 40244444900 or as noted in the Contract Documents. All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordmenoe and have on file with the Human Relations Department the Contract Compiance Report(Form CC-f).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or P8E/DEB Listings should be directed to the Human Relations Departmental 4024445055. (Please Print Legibly or Type) Firm lErJ rl eTif Gj.r/Sirec'(7?.0A.) �-1 c 1nCorpo ated in Name r4-nj� E C A. ms:177+? / Signature � y/ Title f2F'S r(J=at/7 Phone 4O.�-1j5 -) S Fax Address 73 /6 (n r,35 /&A f A (, $rY1? Street!P.O.Box City State Zip E-Mail Address -Ce_e-,,,t1 i /Lrt1h 4:4-Tt,- eel,r.) �00 0= N p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 2 of 6 Pages The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, all equipment furnished in accordance with the requirements of the contract documents considered severally and collectively. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents tided"WALNUT GROVE PARK DRAINAGE IMPROVEMENTS"and the duly executed agreement or contract proper;that, said documents are complementary and that which is required,shown or specified by any one of these,shall be as binding as if required by ail. The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or any secret understanding with anyone with respect to any provisions contained in this proposal. BID BOND: In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payee to the City of Omaha,in the sum of ,�/ °to ($ ),which Is at least five percent(5%)of the aggregate amount of the proposal. It is agreed that, in the event the bidder is awarded a contract based on this proposal,or a part thereof and fails or refuses to execute a written contract or fads to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty,as it is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder; if and when he shall faithfully keep and perform al of the conditions set fourth In the advertisement and the requirements for bidding end instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the Instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14.2012. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, `Instructions to Bidders', Part 2.10, 'Bond Submission' and Section 00400, 'Performance, Payment Maintenance Bond'requirements. • SIGN ALL COPIES Firm /V P �'� 0,1-f, i is r n C_ BY Title - es i ems- the work in connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: � � 11 7 BASE BID: ill/ Vert/ 7-it - T�0 SftN� .Sti)�- i 4 ry n(L�p Jon fa 7), l`)_c�10 Note: Refer to page 2 of 6 For Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any Questions refunding the Bid or Contract Documents directly to the Park Plan Writs Division at 40244444900 or as noted in the Contract Documents. All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordmenoe and have on file with the Human Relations Department the Contract Compiance Report(Form CC-f).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or P8E/DEB Listings should be directed to the Human Relations Departmental 4024445055. (Please Print Legibly or Type) Firm lErJ rl eTif Gj.r/Sirec'(7?.0A.) �-1 c 1nCorpo ated in Name r4-nj� E C A. ms:177+? / Signature � y/ Title f2F'S r(J=at/7 Phone 4O.�-1j5 -) S Fax Address 73 /6 (n r,35 /&A f A (, $rY1? Street!P.O.Box City State Zip E-Mail Address -Ce_e-,,,t1 i /Lrt1h 4:4-Tt,- eel,r.) �00 0= N p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) . DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 3 of 6 Pages INSURANCE REQUIREMENTS: Refer to Specification Section 00500, 'General Conditions of the Contract for Construction', Part 2.15, °Contractors Insurance' for insurance requirements. EITERNATES: ALTERNATE NO.1: 6'concrete pavement—ADD I DEDUCT(arde one): $ 1v _6 SIGN ALL COPIES Ann Pc� S\-rI1r+_�-itr-yx c _LnCL- By _ / Title t-6,,-,‘A. A- to City Council for Co ation: Mayor' 0. ice/Title Date p:1671tmb vtle� % DATE: 7( (�rIZ • • Page 6 of 6, 7/11/2012 12:14:40 PM, Bid Tabulation, Generated by:guygerhard for project OPW 52346-SP Title • Bid Fan(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 4 of 6 Pages UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES • It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently,the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of what firms are certified under the Small and Emerging Small Business Program, please see the City of Omaha website at www.ci.omaha.ne.us or contact the Human Rights and Relations Department at 444-5055. CERTIFIED GROUP(S1 With regard to this solicitation, the City has determined that a sufficient number of companies exist within the following CERTIFIED GROUP(S)'": ( X] Tier I Emerging Small Business [ X] Tier II Emerging Small Business [ X] Tier I Small Business [ X] Tier II Small Business FIRM TO FULFILL [ ] this entire contract [ X] a portion of this contract as defined below-Furnish all labor,all materials and all else whatsoever necessary to construct and properly fnish: 1. Supply and install seeding and all erosion control blankets "Please note: in order to be considered for this solicitation,your firm must be CERTIFIED in the above-referenced category PRIOR TO the bid opening date of this solicitation. Pursuant to Omaha Municipal Code Section 10-203(d), the above-referenced category of bidders will be given preference in the selection of this bid. Submittals by non-certified bidders or the failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of this contract shall be deemed non-responsive and rejected. Bidders must comalete Exhibit"A". titled "SMALL ANDIOR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM"and submit it with their bid to be considered. SIGN ALL COPIES Firm ( r euvirA-1V r����c-i� o-n,SnC. By ��� Title eb*a v1S . ement and the requirements for bidding end instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the Instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14.2012. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, `Instructions to Bidders', Part 2.10, 'Bond Submission' and Section 00400, 'Performance, Payment Maintenance Bond'requirements. • SIGN ALL COPIES Firm /V P �'� 0,1-f, i is r n C_ BY Title - es i ems- the work in connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: � � 11 7 BASE BID: ill/ Vert/ 7-it - T�0 SftN� .Sti)�- i 4 ry n(L�p Jon fa 7), l`)_c�10 Note: Refer to page 2 of 6 For Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any Questions refunding the Bid or Contract Documents directly to the Park Plan Writs Division at 40244444900 or as noted in the Contract Documents. All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordmenoe and have on file with the Human Relations Department the Contract Compiance Report(Form CC-f).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or P8E/DEB Listings should be directed to the Human Relations Departmental 4024445055. (Please Print Legibly or Type) Firm lErJ rl eTif Gj.r/Sirec'(7?.0A.) �-1 c 1nCorpo ated in Name r4-nj� E C A. ms:177+? / Signature � y/ Title f2F'S r(J=at/7 Phone 4O.�-1j5 -) S Fax Address 73 /6 (n r,35 /&A f A (, $rY1? Street!P.O.Box City State Zip E-Mail Address -Ce_e-,,,t1 i /Lrt1h 4:4-Tt,- eel,r.) �00 0= N p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • Bid Form(Rev,01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 5 of S Pages EXHIBIT"A" • SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM . I (THIS FORM MUST BE SUBMITTED WITH THE BID) In Bile performance of this contract the contractor oraooses an4 revs to make coed faith efforts to contract with eligible Cilv of Omaha certified small and/or emerging small ptrsinesses.Should the below listed small or enchain small business subcontractor be determined to be unable to pedonn succ sshrfv or is not Dewitt®satisfactorily.the contractor ;hail obtain odor aoorovai from the Public Works Deaartment€irector or a designee.for sullgi ut'ron of the below listed subcontractor with a City of Omaha certified smaller emerging small business. BY submitbni this 1qu the bidder isoerit&that it has afforded aubcont actors oartidoaina In the o omem the opeortudv to submit bids on UlsjtreOct Type of work and m Projected contract item or commence- Name of small or Address parts thereof to rent and Agreed price Percentage(%) emerging small be performed completion with SBIESB business data of work (-' 5xrn1c a5711+ 5 r4vy50 Suer 1/ ,.au sPe.V a,g c33t.o Az / /to,dog.60 (7. 70 r Totals CERTIFICATION The understnedlcontractor certifies that heshe hes read,understands,and agrees to be bound by small andror emerging small business partidpation contract specifications,and the other terms and conditions of the InvItation for Bids. The undersigned further certifies that helshe is legally authorized by the bidder to make the statements and representations In the small and/or emerging small business participation contract spedficaiorr9 and that said statements and representations are true and correct to the best of htsther knowledge and begeel. The undersigned will enter into formal agreement(s)with shalt and/or emerging smelt businesses(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract ope Ai:atons at the pdce(s)set forth in this EAU oomditioned upon axed Lion of a contract by the undersigned with the City of Omaha. The undfersignedlcontractor agrees that if any of the representation made regarding dilution of small and/or emerging small business by Um bidder knowing them to be larse,or ill there is a failure by the successful bidder(i.e.the Contractor)to implement ere stated agreements,intentions,objectives,goats,and comments set forth herein without prior approval of the Public Worts Director,such action shall constitute a materlal breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default_The right to so terminate shall be in addition to,and not In II of any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omahas Contract Compliance Ordinance or o .Add''r. a undersignedlconkacterwill be subject to the terns of any future contract awards. • Signatu ,' T Telephone Number 40)--`15C aa5 Title r2e's i o,:,t_,-r- Date of Signing 7-/8-(a • Firm or Corporate Name A ✓12-7-ft-s crbt./ > b.0 .c Address ?3 Ve co 0 to 35- 61_4•f 6 - ments to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: � � 11 7 BASE BID: ill/ Vert/ 7-it - T�0 SftN� .Sti)�- i 4 ry n(L�p Jon fa 7), l`)_c�10 Note: Refer to page 2 of 6 For Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any Questions refunding the Bid or Contract Documents directly to the Park Plan Writs Division at 40244444900 or as noted in the Contract Documents. All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordmenoe and have on file with the Human Relations Department the Contract Compiance Report(Form CC-f).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or P8E/DEB Listings should be directed to the Human Relations Departmental 4024445055. (Please Print Legibly or Type) Firm lErJ rl eTif Gj.r/Sirec'(7?.0A.) �-1 c 1nCorpo ated in Name r4-nj� E C A. ms:177+? / Signature � y/ Title f2F'S r(J=at/7 Phone 4O.�-1j5 -) S Fax Address 73 /6 (n r,35 /&A f A (, $rY1? Street!P.O.Box City State Zip E-Mail Address -Ce_e-,,,t1 i /Lrt1h 4:4-Tt,- eel,r.) �00 0= N p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 6 of 6 Pages Responsible Contractor Compliance Form RC-1 ..„„.• .11.,•) i. Regulations: A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require: 1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor, shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 2. Filing this Report(please initial inshe boxes below): Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work eligibility. Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. Stat.� Section 48-2901 et seq.). Ej Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. Section 73-104 et seq.). Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date this bid is submitted. U Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)separate "serious"OSHA violations within the past three(3)years. LJ Contractor agrees to make ''d 'th effort to ensure all subcontractors employed on this project comply with the provisions of' ;esponsible o•k 'r Compliance Form.RC-1. If I 1 . 1 7-/k -lam Si_. ature Date By signing,1 verify o behalf of the 'ntractor that the information above is true and correct. Filing false information carries a penalty of up to a S500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. ractor agrees that if any of the representation made regarding dilution of small and/or emerging small business by Um bidder knowing them to be larse,or ill there is a failure by the successful bidder(i.e.the Contractor)to implement ere stated agreements,intentions,objectives,goats,and comments set forth herein without prior approval of the Public Worts Director,such action shall constitute a materlal breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default_The right to so terminate shall be in addition to,and not In II of any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omahas Contract Compliance Ordinance or o .Add''r. a undersignedlconkacterwill be subject to the terns of any future contract awards. • Signatu ,' T Telephone Number 40)--`15C aa5 Title r2e's i o,:,t_,-r- Date of Signing 7-/8-(a • Firm or Corporate Name A ✓12-7-ft-s crbt./ > b.0 .c Address ?3 Ve co 0 to 35- 61_4•f 6 - ments to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: � � 11 7 BASE BID: ill/ Vert/ 7-it - T�0 SftN� .Sti)�- i 4 ry n(L�p Jon fa 7), l`)_c�10 Note: Refer to page 2 of 6 For Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any Questions refunding the Bid or Contract Documents directly to the Park Plan Writs Division at 40244444900 or as noted in the Contract Documents. All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordmenoe and have on file with the Human Relations Department the Contract Compiance Report(Form CC-f).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or P8E/DEB Listings should be directed to the Human Relations Departmental 4024445055. (Please Print Legibly or Type) Firm lErJ rl eTif Gj.r/Sirec'(7?.0A.) �-1 c 1nCorpo ated in Name r4-nj� E C A. ms:177+? / Signature � y/ Title f2F'S r(J=at/7 Phone 4O.�-1j5 -) S Fax Address 73 /6 (n r,35 /&A f A (, $rY1? Street!P.O.Box City State Zip E-Mail Address -Ce_e-,,,t1 i /Lrt1h 4:4-Tt,- eel,r.) �00 0= N p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.07-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS RETURN BIDS TO: Published:July 4,2012 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 6 Pages 1819 Farnam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS 520,000 OR MORE, BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA". • Bid Closing Date: 11:00 A.M. July 18,2012 IMPORTANT 1.Bid must be in the office of the Acting CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CENTER, 1819 Famam Street, Omaha, NE 68183-0011 by dosing date and time 6.When submitting bid on items listed,bidder may on a separate sheet,make suggestions Indlcated,in sealed envelope marked BID ON:WALNUT GROVE PARK DRAINAGE covering reduction in costs wherever this is possible through redesign,change of material IMPROVEMENTS. or utilization of standard items or quantity change. • 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid Bond or certified check shall be made payable to the'City of Omaha". FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 3.Right is reserved to accept or reject any or all bids In their entirety and the bidders shall have the right to appeal any decision to the City Council Right Is also reserved to accept or reject any part of your bid unless otherwise indicated by you. 4.If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished.Do not include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the HGM ASSOCIATES,INC for the WALNUT GROVE PARK DRAINAGE IMPROVEMENTS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO ONE ,THROUGH ONE It is understood (a)that as to the contract which may be awarded upon this proposal, the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that it is the intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid,having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt. On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with 'WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 2 of 6 Pages The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, all equipment furnished in accordance with the requirements of the contract documents considered severally and collectively. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents titled"WALNUT GROVE PARK DRAINAGE IMPROVEMENTS"and the duly executed agreement or contract proper;that, said documents are complementary and that which is required,shown or specified by any one of these,shall be as binding as if required by all. The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of arty agreement or any secret understanding with anyone with respect to any provisions contained in this proposal. BID BOND: In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the City of Omaha in the sum of: Bid Bond In The Amount Of 5% Of The Base Bid ($ ),which is at least five percent(5%)of the aggregate amount of the proposal. It is agreed that, in the event the bidder is awarded a contract based on this proposal, or a part thereof and fails or refuses to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty,as it is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder; if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14,2012. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, "Bond Submission" and Section 00400, "Performance, Payment Maintenance Bond"requirements. • SIGN ALL COPIES Firm Kersten o st inn. Tnr.. By Title President cessary to construct and properly finish all the work in connection with 'WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 3 of 6 Pages INSURANCE REQUIREMENTS: Refer to Specification Section 00500, "General Conditions of the Contract for Construction", Part 2.15, "Contractor's Insurance" for insurance requirements. ALTERNATES: ALTERNATE NO.1: 6"concrete pavement—AD DEDUCT sircle one): $4000, 00 • SIGN ALL COPIES Firm •Kers>ren Con t uct Tnc. By f- 410 — Title President tle t-6,,-,‘A. A- to City Council for Co ation: Mayor' 0. ice/Title Date p:1671tmb vtle� % DATE: 7( (�rIZ • • Page 6 of 6, 7/11/2012 12:14:40 PM, Bid Tabulation, Generated by:guygerhard for project OPW 52346-SP Title • Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 4 of 6 Pages • UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently, the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of what firms are certified under the Small and Emerging Small Business Program, please see the City of Omaha website at www,ci.omaha.ne.us or contact the Human Rights and Relations Department at 444-5055. CERTIFIED GROUP(S) ' With regard to this solicitation, the City has determined that a sufficient number of companies exist within the following CERTIFIED GROUP(S)**: [ X] Tier I Emerging Small Business [ X] Tier II Emerging Small Business [ X] Tier I Small Business [ X] Tier II Small Business FIRM TO FULFILL [ ] this entire contract [ X] a portion of this contract as defined below-Furnish all labor,all materials and all else whatsoever necessary to construct and properly finish: 1. Supply and install seeding and all erosion control blankets "Please note: in order to be considered for this solicitation, your firm must be CERTIFIED in the above-referenced category PRIOR TO the bid opening date of this solicitation. Pursuant to Omaha Municipal Code Section 10-203(d), the above-referenced category of bidders will be given preference in the selection of this bid. Submittals by non-certified bidders or the failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit "A", titled "SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM"and submit it with their bid to be considered. SIGN ALL COPIES ' Firm Kersten Construe . . , Inc. By 4)/ l Title President faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14,2012. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, "Bond Submission" and Section 00400, "Performance, Payment Maintenance Bond"requirements. • SIGN ALL COPIES Firm Kersten o st inn. Tnr.. By Title President cessary to construct and properly finish all the work in connection with 'WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 5 of 6 Pages EXHIBIT"A" SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM • (THIS FORM MUST BE SUBMITTED WITH THE BID) In the performance of this contract,the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified small and/or emerging small businesses.Should the below listed small or emerging small business subcontractor be determined to be unable to perform successfully or is not performing satisfactorily,the contractor shall obtain prior approval from the Public Works Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified small or emerging small business. By submitting this form the bidder is certifyinkthat ithas afforded subcon19ctorsparticipatinq in the program the opportunity to submit bids on thisprolect. Type of work and Projected contract Item or commence- Name of small or Address parts thereof to ment and Agreed price Percentage(%) • emerging small be performed completion with SB/ESB business date of work zo 7/4- Se• S E 1r-o6 0 3-1-/Z OUo /6, Soc_v rra i-s pa)y.S� g2us' °'- /4-/Z /2. .S % NG toec.tS ,ge-,q-/✓,1 13 • • Totals 4D0 /2,3 BJ • CERTIFICATION • The undersigned/contractor certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business participation contract specifications,and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business participation contract specifications 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 small and/or emerging small businesses(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the prices)set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or If there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractors bid or to terminate the Contract 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,under City of Omaha's Contract Compliance Ordinance or otherwise. A dditionally,the un • ned/contractor will be subject to the terms of any future contract awards. Signature Cc) / Telephone Number 402-332-4141 Title President Date of Signing July 18, 2012 Firm or Corporate Name Kersten Construction, INc. Address 11050 Souht 204th Street Gretna, Nebraska 68028 Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 6 of 6 Pages Responsible Contractor Compliance Form RC-1 DE DNANAYeev . Regulations: A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require: 1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor, shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 2. Filing this Report(please initial in the boxes below): 01 Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work eligibility. ®Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. Stat.Section 48-2901 et seq.). Fh/Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. Section 73-104 et seq.). 44'Contractor has not been convicted of any tax violations(local, State and Federal)within the last three years from the date this bid is submitted. Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)separate "serious"OSHA violations within the past three(3)years. K Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Responsible Contractor Compliance Form RC-1. y 1 8, 7171 9 Signature Date By signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information caries a penalty of up to a$500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. technically responsible to perform the work)listed in the contract specifications at the prices)set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or If there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. A dditionally,the un • ned/contractor will be subject to the terms of any future contract awards. Signature Cc) / Telephone Number 402-332-4141 Title President Date of Signing July 18, 2012 Firm or Corporate Name Kersten Construction, INc. Address 11050 Souht 204th Street Gretna, Nebraska 68028 Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA NEBR 68183 PHONE (402)444-7155 FAX(402)444-5423 July 13,2012 NOTICE TO BIDDERS: REQUEST FOR BID ON WALNUT GROVE PARK DRAINAGE IMPROVEMENTS 15050 Q Street,Omaha, Nebraska Bid Opening: July 18,2012,11:00 A.M. ADDENDUM NO.01: Modifications to the original specifications and drawings,dated June,2012 per the attached eleven(11)pages. M ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDEND G U U COVER SHEET WITH YOUR BID. Eric J.Carlson,Purchasing Agent Kersten Construction, Inc. Name of Firm ctic Signed By prasi dpnr Title or project OPW 52346-SP Title • Park Planning Division of the City of Omaha Department of Parks,Recreation and Public Property Omaha/Douglas Civic Center 1819 Farnam Street—Suite 701 Omaha,Nebraska 68183-0701 WALNUT GROVE PARK DRAINAGE IMPROVEMENTS 15050 Q Street,Omaha,Nebraska ADDENDUM NO.1 13 July 2012 This Addendum No. 1 forms a part of the Contract Documents and modifies the original Specifications and Drawings dated June 2012 for the Walnut Grove Park Drainage Improvements,15050 Q Street, Omaha,Nebraska. GENERAL ITEM#1: The pre bid meeting sign-in sheet is attached for reference. BID FORM ITEM#1: A revised bid form is attached for using in submitting bids. SPECIFICATIONS ITEM#1: Section 01030'Alternates'is added and shall be used in bidding this project. DRAWINGS ITEM#1: Drawing No.CO.2,"General Notes",under"Grading Notes": DELETE Grading Note#2. • ITEM#2: Drawing No.CO.2,"General Notes",under"General Notes": ADD the following Note. "16. THE OWNER SHALL PROVIDE AN INDEPENDENT TESTING LABORATORY TO PERFORM TESTING FOR SOIL DENSITY, MOISTURE, AND CONCRETE STRENGTH. THE CONTRACTOR SHALL PROVIDE ACCESS TO WORK TO BE TESTED AND SHALL NOTIFY THE LABORATORY OR INSPECTOR SUFFICIENTLY IN ADVANCE OF OPERATIONS TO ALLOW FOR THE SCHEDULING OF PERSONNEL AND TESTS." ITEM#3: Drawing No.C1.3,"Site Plan-South": DELETE the following Note referencing the existing Rip Rap at the north end of the culvert: Addendum No.1 Walnut Grove Park Drainage Improvements Pagel oft K Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Responsible Contractor Compliance Form RC-1. y 1 8, 7171 9 Signature Date By signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information caries a penalty of up to a$500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. technically responsible to perform the work)listed in the contract specifications at the prices)set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or If there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. A dditionally,the un • ned/contractor will be subject to the terms of any future contract awards. Signature Cc) / Telephone Number 402-332-4141 Title President Date of Signing July 18, 2012 Firm or Corporate Name Kersten Construction, INc. Address 11050 Souht 204th Street Gretna, Nebraska 68028 Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc "REMOVE AND SALVAGE EXISTING RIPRAP AND GROUTED RIPRAP AND PLACE IN CHANNEL BED DOWNSTREAMOF NEW PIPE CULVERT" And REPLACE with the following Note: "REMOVE EXISTING RIPRAP,BROKEN CONCRETE AND ASPHALT AND DISPOSE OF OFF SITE" ITEM#4: Drawing No. C2.2, "Details", "ROADWAY AND TRAIL TYPICAL SECTION (NORTH CULVERT)" and "ROADWAY AND TRAIL TYPICAL SECTION(SOUTH CULVERT)": REVISE the Note referencing the roadway pavement to read as follows: "6 INCH ASPHALT PAVEMENT (2" SURFACE COURSE (CMM) & 4" MIN BASE COURSE) OR ALTERNATE NO, 1 —6"MIN PC CONCRETE PAVEMENT TYPE L65" CLARIFICATIONS ITEM#5: Concrete removals from existing trail cannot be used as riprap in the channel and shall be disposed of off site. Addendum No.1 Walnut Grove Park Drainage Improvements Page 2 of 2 Title or project OPW 52346-SP Title • SECTION 01030 ALTERNATES PART 1 •GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections apply to work of this section. 1.02 SUMMARY: A. This section specifies administrative and procedural requirements governing the Alternates. 1.03 DEFINITIONS: A. Alternate: An alternate is an amount proposed by bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to or deducted from the Base Bid amount if the Owner decides to accept a corresponding change in either the amount of construction to be completed, or in products, materials, equipment, systems, or installation methods described in the Contract Documents. 1. Add Alternate: An add alternate is an amount proposed by the bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to the Base Bid amount if the Owner decides to accept a corresponding change in either the amount of construction to be completed, or in products, materials, equipment, systems, or installation methods described in the Contract Documents. 2. Deduct Alternate: A deduct alternate is an amount proposed by the bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be deducted from the Base Bid amount if the Owner decides to accept a corresponding change in either the amount of construction to be completed, or in products, materials, equipment, systems, or installation methods described in the Contract Documents. B. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate the Alternate into the Work. No other adjustments aare made to the Contract Sum. 1.04 PROCEDURES: A. Coordination: 1. Modify or adjust affected adjacent Work as necessary to complete and fully integrate that Work into the Project. WALNUT GROVE PARK DRAINAGE IMPROVEMENTS Alternates 01030-1 City of Omaha contract for a period of 10 years. technically responsible to perform the work)listed in the contract specifications at the prices)set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or If there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractors bid or to terminate the Contract 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,under City of Omaha's Contract Compliance Ordinance or otherwise. A dditionally,the un • ned/contractor will be subject to the terms of any future contract awards. Signature Cc) / Telephone Number 402-332-4141 Title President Date of Signing July 18, 2012 Firm or Corporate Name Kersten Construction, INc. Address 11050 Souht 204th Street Gretna, Nebraska 68028 Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • 2. Include as part of each alternate, miscellaneous devices, accessory objects and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate. B. Notification: Immediately following the award of the contract, notify each party involved, in writing, of the status of each alternate. Indicate whether alternates have been accepted,rejected or deferred for later consideration. Include a complete description of negotiated modifications to alternates. C. Execute accepted alternates under the same conditions as other Work of theis Contract. D. Schedule: A "Schedule of Alternates" is included at the end of this Section. Specification Sections referenced in the Schedule contain requirements for materials necessary to achieve the Work described under each alternate. PART 2-PRODUCTS Not Used in this Section. PART 3-EXECUTION 3.01 SCHEDULE OF ALTERNATES: A. ALTERNATE NO. 1: In lieu of patching the roadway with asphalt as shown on sheet C2.2,the contractor shall provide a cost to place 6"thick concrete. The limits of patching shall nol change. 1. 6"MIN PC CONCRETE PAVEMENT TYPE L65". The concrete shall be installed according to the City of Omaha Standard Specifications. END OF SECTION • WALNUT GROVE PARK DRAINAGE IMPROVEMENTS Alternates 01030-2 e deducted from the Base Bid amount if the Owner decides to accept a corresponding change in either the amount of construction to be completed, or in products, materials, equipment, systems, or installation methods described in the Contract Documents. B. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate the Alternate into the Work. No other adjustments aare made to the Contract Sum. 1.04 PROCEDURES: A. Coordination: 1. Modify or adjust affected adjacent Work as necessary to complete and fully integrate that Work into the Project. WALNUT GROVE PARK DRAINAGE IMPROVEMENTS Alternates 01030-1 City of Omaha contract for a period of 10 years. technically responsible to perform the work)listed in the contract specifications at the prices)set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or If there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractors bid or to terminate the Contract 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,under City of Omaha's Contract Compliance Ordinance or otherwise. A dditionally,the un • ned/contractor will be subject to the terms of any future contract awards. Signature Cc) / Telephone Number 402-332-4141 Title President Date of Signing July 18, 2012 Firm or Corporate Name Kersten Construction, INc. Address 11050 Souht 204th Street Gretna, Nebraska 68028 Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 2 of 6 Pages The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, all equipment furnished in accordance with the requirements of the contract documents considered severally and collectively. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents titled "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS"and the duly executed agreement or contract proper;that, said documents are complementary and that which is required,shown or specified by any one of these,shall be as binding as if required by all. The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or any secret understanding with anyone with respect to any provisions contained in this proposal. BID BOND: In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the City of Omaha,In the sum of: 5% OF 7D7)C. aid ($ ),which is at least five percent(5%)of the aggregate amount of the proposal. It is agreed that, in the event the bidder is awarded a contract based on this proposal, or a part thereof and fails or refuses to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty,as it is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder; if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: • The contract completion date for this project shall be SEPTEMBER 14,2012, All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders°, Part 2.10, 'Bond Submission' and Section 00400, 'Performance, Payment Maintenance Bond"requirements. SIGN ALL COPIES Firm T stwei47,wAi Cyr ire tvy • By Title / "LET under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. A dditionally,the un • ned/contractor will be subject to the terms of any future contract awards. Signature Cc) / Telephone Number 402-332-4141 Title President Date of Signing July 18, 2012 Firm or Corporate Name Kersten Construction, INc. Address 11050 Souht 204th Street Gretna, Nebraska 68028 Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) • DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 3 of 6 Pages • INSURANCE REQUIREMENTS: Refer to Specification Section 00500, °General Conditions of the Contract for Construction', Part 2.15, 'Contractor's insurance" for insurance requirements. • SIGN ALL COPIES Arm T 44tiorizederivAi By Title ei-er COURSE) OR ALTERNATE NO, 1 —6"MIN PC CONCRETE PAVEMENT TYPE L65" CLARIFICATIONS ITEM#5: Concrete removals from existing trail cannot be used as riprap in the channel and shall be disposed of off site. Addendum No.1 Walnut Grove Park Drainage Improvements Page 2 of 2 Title or project OPW 52346-SP Title • Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 4 of 6 Pages UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently,the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of what firms are certified under the Small and Emerging Small Business Program, please see the City of Omaha website at www.ci.omaha.ne.us or contact the Human Rights and Relations Department at 444-5055. CERTIFIED GROUPS) With regard to this solicitation, the City has determined that a sufficient number of companies exist within the following CERTIFIED GROUP(S)"': [ Xj Tier I Emerging Small Business [ X] Tier II Emerging Small Business [ X] Tier I Small Business [ X) Tier II Small Business FIRM TO FULFILL [ ) this entire contract [ X] a portion of this contract as defined below-Furnish all labor,all materials and all else whatsoever necessary to construct and properly finish: 1. Supply and install seeding and all erosion control blankets `*Please note: in order to be considered for this solicitation, your firm must be CERTIFIED in the above-referenced category PRIOR TO the bid opening date of this solicitation. Pursuant to Omaha Municipal Code Section 10-203(d), the above-referenced category of bidders will be given preference in the selection of this bid. Submittals by non-certified bidders or the failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit "A", titled "SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM"and submit it with their bid to be considered. SIGN ALL COPIES Firm —"cm _ 4i nrr vy By l Title 719z—3 m all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: • The contract completion date for this project shall be SEPTEMBER 14,2012, All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders°, Part 2.10, 'Bond Submission' and Section 00400, 'Performance, Payment Maintenance Bond"requirements. SIGN ALL COPIES Firm T stwei47,wAi Cyr ire tvy • By Title / "LET under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. A dditionally,the un • ned/contractor will be subject to the terms of any future contract awards. Signature Cc) / Telephone Number 402-332-4141 Title President Date of Signing July 18, 2012 Firm or Corporate Name Kersten Construction, INc. Address 11050 Souht 204th Street Gretna, Nebraska 68028 Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 5 of 6 Pages EXHIBIT"A" . SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM (THIS FORM MUST BE SUBMITTED WITH THE BID) • In the performance of this contract,the oonrractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified small and/or emerging small businesses._Shoutd the below listed small or emerging small business subcontractor be determined to be unable to perform successfully or is not performing satisfactorily.the Contractor shall obtain prior approval from the Public Works Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified small or emerging small business. By submitting this form,the bidder is certifying MU has afforded subcontractors participating in the program the opportunity to subm)bids on this proiect Type of work and Projected contract item or commence- Name of small or Address parts thereof to rent and Agreed price Percentage(%) emerging small be performed completion with SBIESB business date of work A/FS Iraosta,,, Cawrwr 20,Gio /s, (' • • • Totals 74 ISO /5 CERTIFICATION The undersigned contractor certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business participation contract specifications,and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the bidder to make the statements and representations In the small and/or emerging smell business participation contract specifications 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 small and/or emerging small businesses(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the prtce(s)set forth 1n this Exhibit condaioned upon execuion of a contract by the undersigned with the City of Omaha The undersfgnedlcontractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goats,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Vie Contract under City of Omahas,Contract Compliance Ordinance or ise. Additionally the undersigned/contractor wtil be subject to the terms of any future contract awards. Signature A Telephone Number 4/OZ-33/-1L�q! Title i[ S Date of Signing Tim . i& uu.z Firm or Corpopate Name rim vsT,frgcru v we./ay _ Address '//S3 S 4770 3r cusverom Attu L0UU7 ent Date of Signing July 18, 2012 Firm or Corporate Name Kersten Construction, INc. Address 11050 Souht 204th Street Gretna, Nebraska 68028 Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bld Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 6 of 6 Pages Responsible Contractor Compliance Form RC-1 `;Arid-i, "rs} wl WA ".t- b 4rFD 1. Regulations: A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require: 1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor, shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 2. Filing this Report(please initial in the boxes below): Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work eligibility. contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. Stat.Section 48-2901 et seq.). ' - Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. ' ection 73-104 et seq.). Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date his bid is submitted, rontractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a riminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3 (three)separate "serious"OSHA violations within the past three(3)years. Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the visions of the Responsible Contractor Compliance Form RC-1.p . ,42.--7 A 7/8 /L Signs a Date• By signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a$500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. he representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goats,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under Vie Contract under City of Omahas,Contract Compliance Ordinance or ise. Additionally the undersigned/contractor wtil be subject to the terms of any future contract awards. Signature A Telephone Number 4/OZ-33/-1L�q! Title i[ S Date of Signing Tim . i& uu.z Firm or Corpopate Name rim vsT,frgcru v we./ay _ Address '//S3 S 4770 3r cusverom Attu L0UU7 ent Date of Signing July 18, 2012 Firm or Corporate Name Kersten Construction, INc. Address 11050 Souht 204th Street Gretna, Nebraska 68028 Department for the lump sum of: BASE BID: ONE ;I' ,1 7, Tuib.i7—V %OuSf3.\./.0 7 41 f/Ui✓.0 7.0 i/ ' DOGG/92S- /4- 61i 0 f$ / Z/4,00 Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable), Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444.5900 or as noted in the Contract Documents. AU bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEJDEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm Kersten Construction, INc. Incorporated in Nebraska Ervin W. Kersten E `� (star • Name Signatur Title Prpr;idenr Phonein7—�3�-41�1 Fax 420—'132 5822 Address 11050 Souht 204th Street, Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.07-2012) .DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CiTY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS RETURN BIDS TO: Published:July 4,2012 CITY CLERK,LC-1 OMAHA-DOUGLAS CNIC CENTER NOT AN ORDER Page 1 of„ LPages 1819 Farnam Street Omaha,Nebraska 68183-0011 • BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE iTEMS OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA". Bid Closing Date: • 11:00 A.M. July 18,2042 IMPORTANT 1. Bid must be in the office of the Acting CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CENTER, 1819 Famam Street, Omaha, NE 68183-0011 by dosing date and time 6.When submitting bid on items listed,bidder may on a separate sheet,make suggestions . indicated, in sealed envelope marked BID ON:WALNUT GROVE PARK DRAINAGE covering reduction in roosts wherever this is possible through redesign,change of material IMPROVEMENTS. or utilization of standard items or quantity change. 2.As evidence of good faith a bid bond or certified dtedc must be submitted with bid.Bid Bond or certified check shall be made payable to the'City of Omaha'. FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 3.Right is reserved to accept or reject any or all bids in their entirely and the bidders shall have the right to appeal any decision to the City Council. Right is also reserved to accept or reject any part of your bid unless otherwise indicated by you. 4.If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished.Do not indude tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(:)listed below: This is to certify that the undersigned has read and examined (a)the adveresements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the IIGM ASSOCIATES,INC for the WALNUT GROVE PARK DRAINAGE IMPROVEMENTS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO \ ,THROUGH It is understood(a) that as to the contract which may be awarded upon this proposal,the Contract period wit be the term beginning with the notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that it is the intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid, having regard for his fitness and capacity to famish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division;material purchased for this project wit be State of Nebraska and City sales tax exempt On the foregoing,understand that the bidder hereby offers and proposes to famish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska' in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Public Property Department for the lump sum of (� ` _i�w let BASE BID: l �� - r� r v`o st-Qnl4 r r'n.4.� t °%L' is t -13 S �° > Note: Refer to ge 2 of 6 for Bid Bond,Completion &Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regardinrt the Bid or Contract Documents directly to the Park Planning Division at 402444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the dale received by the Human Relations Department.Any questions repairing the Contract Comptiance Ordinance or PBEJDEB Listings should be dreded to the Human Relations Department at 402-444-5056. (Please Print Legibly or Type) Firm err.. C. +ra eik-,n inoorpo►a �-- �� l t �Seh (State) Name ,�E ScbPsr Signature Title f�c-C.S ert ,,7�- Phone 4o`ir 30 /�7Z,c/ZFax iLID Z 5.?? 41132— Address \L k`t..? .++1�� a .`4-- l a/Lk �1V� b$I Street/P.O.Box Zip ` City State E-Mail Address 3 it l b L(r'rt St.��t.l�•� • o Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER • Page 2 of 6 Pages The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, all equipment furnished in accordance with the requirements of the contract documents considered severally and collectively. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents titled"WALNUT GROVE PARK DRAINAGE IMPROVEMENTS and the duly executed agreement or contract proper;that, said documents are complementary and that which is required,shown or specified by any one of these,shall be as binding as if required by all. The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or any secret understanding with anyone with respect to any provisions contained in this proposal. BID BOND: in accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the City of Omaha,in th sum of: yG o,, Ur��e_ gnu.v�,:eJl c •. �E.^ems � �a$ —7 I 1 . ),which is at least five percent(5%)of the aggregate amount of the proposal. It is agreed that,in the event the bidder is awarded a contract based on this proposal,or a part thereof and fails or refuses to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty,as it is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder; if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shad be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shad be SEPTEMBER 14.2012. AN worts associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, `Instructions to Bidders-, Part 2.10, `Bond Submission' and Section 00400, Performance, Payment Maintenance Bond"requirements. SIGN ALL COPIES l Firm CtO✓ . `^6t By "" 721,69 5�1�4nr., eLf �1 Title rY ram,el accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Public Property Department for the lump sum of (� ` _i�w let BASE BID: l �� - r� r v`o st-Qnl4 r r'n.4.� t °%L' is t -13 S �° > Note: Refer to ge 2 of 6 for Bid Bond,Completion &Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regardinrt the Bid or Contract Documents directly to the Park Planning Division at 402444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the dale received by the Human Relations Department.Any questions repairing the Contract Comptiance Ordinance or PBEJDEB Listings should be dreded to the Human Relations Department at 402-444-5056. (Please Print Legibly or Type) Firm err.. C. +ra eik-,n inoorpo►a �-- �� l t �Seh (State) Name ,�E ScbPsr Signature Title f�c-C.S ert ,,7�- Phone 4o`ir 30 /�7Z,c/ZFax iLID Z 5.?? 41132— Address \L k`t..? .++1�� a .`4-- l a/Lk �1V� b$I Street/P.O.Box Zip ` City State E-Mail Address 3 it l b L(r'rt St.��t.l�•� • o Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 3 of 6 Pages INSURANCE REQUIREMENTS: Refer to Specification Section 00500, 'General Conditions of the Contract for Construction', Part 2.15, 'Contractor's Insurance' for insurance requirements. ALTERNATES: ALTERNATE NO.1: 6"concrete pavement-ADD/ r EDU circle one): $ Z 0 C)o • SIGN ALL COPIES Firm er►ar> (lo.t tt.c. By '1 EAU_ 53-1.67icwsc.-‘ Title ert.-5,A4._A-- cannot be used as riprap in the channel and shall be disposed of off site. Addendum No.1 Walnut Grove Park Drainage Improvements Page 2 of 2 Title or project OPW 52346-SP Title • • Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 4 of fi Pages UTIIEATION OF SMALL AND EMERGING SMALL BUSINESSES It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently,the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of what firms are certified under the Small and Emerging Small Business Program, please see the City of Omaha website at ,vw4v.ci.omana.re.Lis or contact the Human Rights and Relations Department at 444-5055. CERTIFIED GROUP(SS With regard to this solicitation, the City has determined that a sufficient number of companies exist within the following CERTIFIED GROUP(S)'*: { X] Tier I Emerging Small Business [ X] Tier II Emerging Small Business [ X] Tier I Small Business [ X] Tier II Small Business FIRM TO FULFILL [ ] this entire contract [ X] a portion of this contract as defined below-Furnish all labor,all materials and all else whatsoever necessary to construct and properly finish: 1. Supply and install seeding and ail erosion control blankets "Please note: in order to be considered for this solicitation, your firm must be CERTIFIED in the above-referenced category PRIOR TO the bid opening date of this solicitation. Pursuant to Omaha Municipal Code Section 10-203(d), the above-referenced category of bidders will be given preference in the selection of this bid. Submittals by non-certified bidders or the failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit"A". tided "SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM"and submit it with their bid to be considered. SIGN ALL COPIES Firm �C� O [ -�r`�'s ►w By -Tak., Title r5. perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shad be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shad be SEPTEMBER 14.2012. AN worts associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, `Instructions to Bidders-, Part 2.10, `Bond Submission' and Section 00400, Performance, Payment Maintenance Bond"requirements. SIGN ALL COPIES l Firm CtO✓ . `^6t By "" 721,69 5�1�4nr., eLf �1 Title rY ram,el accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Public Property Department for the lump sum of (� ` _i�w let BASE BID: l �� - r� r v`o st-Qnl4 r r'n.4.� t °%L' is t -13 S �° > Note: Refer to ge 2 of 6 for Bid Bond,Completion &Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regardinrt the Bid or Contract Documents directly to the Park Planning Division at 402444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the dale received by the Human Relations Department.Any questions repairing the Contract Comptiance Ordinance or PBEJDEB Listings should be dreded to the Human Relations Department at 402-444-5056. (Please Print Legibly or Type) Firm err.. C. +ra eik-,n inoorpo►a �-- �� l t �Seh (State) Name ,�E ScbPsr Signature Title f�c-C.S ert ,,7�- Phone 4o`ir 30 /�7Z,c/ZFax iLID Z 5.?? 41132— Address \L k`t..? .++1�� a .`4-- l a/Lk �1V� b$I Street/P.O.Box Zip ` City State E-Mail Address 3 it l b L(r'rt St.��t.l�•� • o Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • • Bid Form(Rev.01-2012) DOUGLAS COUNTY • REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 5 of 6 Pages • EXHIBIT"A" SMALL AND/OR EMERGING SMAI=L BUSINESS DISCLOSURE PARTICIPATION FORM (THIS FORM MUST BE SUBMITTED WITH THE BID) • In the performance of this contract.the contractor proposes and agrees to make stood faith efforts to contract with etiolate City of Omaha certified small and/or emeraina small businesses.Should the below listed small or emerging small business subcontractor be determined to be unable to perform successfully or is not performing satisfactorily.the contractor shalt obtain prior approval from the Public Works Department Director or a designe&for substitution of the below listed subcontractor with a City of grata miring small or emerminq smaltsjness.By submitting f his forni._ttie_bidder is certiftnet that ithas affOritstgbcontWeugilicialinet in the prowanittle o ioorlunikfa subjiit bids on this proied. Type of work and Projected contract item or commence- Name of small or Address Agreed price Percentage(%) parts thereof to ment and emerging small be performed completion with SB/ESB business date of work i+,11 t7PV (4444 3 30.a. 3 g/14/i � • (ev.lr+,N�, nkJ/"`. tt) . ° /,/, (4;:yrs etc,.--. • • • Totals I DO /O• li CERTIFICATION The undersignedfcontrador certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business participation contrail specifications,and the other terms and conditions of the Invitation for Bids. The undersigned fudher certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business participation contract specifications and that said statements and representations are true and coned to the best of his/her knowledge and belief. The undersigned wit enter into formal agreement(s)with small and/or emerging small businesses(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contred specifications at the price(s)set forth in the bdhnit conditioned upon execution of a conned by the undersigned with the City of Omaha. The undersignedlcontrador agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breath of the contract,entitling the City of Omaha to rejed the contradors bid or to terminate the Contract 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,under City of Omaha's Contract Compliance Ordinance ire. Additionally,the undersigned/contrador will be subject to the terms of any future contract awards. Signature Telephone Number YOZ—.3i, 7 `17 Title - fir— Date of Signing —7 / Firm or Corpo to Name l -b0, , Address 1 t-t *c t c 4%—d,/t h w� > i 6`t3) id Bond,Completion &Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regardinrt the Bid or Contract Documents directly to the Park Planning Division at 402444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the dale received by the Human Relations Department.Any questions repairing the Contract Comptiance Ordinance or PBEJDEB Listings should be dreded to the Human Relations Department at 402-444-5056. (Please Print Legibly or Type) Firm err.. C. +ra eik-,n inoorpo►a �-- �� l t �Seh (State) Name ,�E ScbPsr Signature Title f�c-C.S ert ,,7�- Phone 4o`ir 30 /�7Z,c/ZFax iLID Z 5.?? 41132— Address \L k`t..? .++1�� a .`4-- l a/Lk �1V� b$I Street/P.O.Box Zip ` City State E-Mail Address 3 it l b L(r'rt St.��t.l�•� • o Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • • Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 6 of 6 Pages Responsible Contractor Compliance Form RC-1 Ill! ON lkzo 1. Regulations: • A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require: 1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor, shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 2. Filing this Report(please initial in the boxes below): Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work eligibility. &Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. Stat. Section 48-2901 et seq.). Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. Section 73-104 et seq.). ®Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date this bid is submitted. Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)separate "serious"OSHA violations within the past three(3)years. 12gContractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Responsible Contractor Compliance Form RC-I. f / t e Date y signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a$500 tine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. perform the work)listed in the contred specifications at the price(s)set forth in the bdhnit conditioned upon execution of a conned by the undersigned with the City of Omaha. The undersignedlcontrador agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breath of the contract,entitling the City of Omaha to rejed the contradors bid or to terminate the Contract 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,under City of Omaha's Contract Compliance Ordinance ire. Additionally,the undersigned/contrador will be subject to the terms of any future contract awards. Signature Telephone Number YOZ—.3i, 7 `17 Title - fir— Date of Signing —7 / Firm or Corpo to Name l -b0, , Address 1 t-t *c t c 4%—d,/t h w� > i 6`t3) id Bond,Completion &Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regardinrt the Bid or Contract Documents directly to the Park Planning Division at 402444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the dale received by the Human Relations Department.Any questions repairing the Contract Comptiance Ordinance or PBEJDEB Listings should be dreded to the Human Relations Department at 402-444-5056. (Please Print Legibly or Type) Firm err.. C. +ra eik-,n inoorpo►a �-- �� l t �Seh (State) Name ,�E ScbPsr Signature Title f�c-C.S ert ,,7�- Phone 4o`ir 30 /�7Z,c/ZFax iLID Z 5.?? 41132— Address \L k`t..? .++1�� a .`4-- l a/Lk �1V� b$I Street/P.O.Box Zip ` City State E-Mail Address 3 it l b L(r'rt St.��t.l�•� • o Gretna. Nebraska 68028 Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA NEBR 68183 PHONE(402)444-7155 FAX(402)444-5423 July 13,2012 • NOTICE TO BIDDERS: REQUEST FOR BID ON WALNUT GROVE PARK DRAINAGE IMPROVEMENTS 15050 Q Street,Omaha, Nebraska ' Bid Opening: July 18,2012, 11:00 A.M. ADDENDUM NO.01: Modifications to the original specifications and drawings,dated June,2012 per the attached eleven(11)pages. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. Eric J.Carlson,Purchasing Agent )4C----)--1(017-- __ (---01%-4-1-0-Ch Name of F� v ;r, ed By ` etA ' Titi� SP Title • is DOUGLAS COUNTY PURCHASING DEPARTMENT 1 819 FARNAM STREET 902 CIVIC CENTER OMAHA NEBR 68183 PHONE(402)444-7155 FAX(402)444-5423 July 13,2012 NOTICE TO BIDDERS: REQUEST FOR BID ON WALNUT GROVE PARK DRAINAGE IMPROVEMENTS 15050 Q Street,Omaha, Nebraska Bid Opening: July 18,2012,11:00 A.M. ADDENDUM NO.01: Modifications to the original specifications and drawings,dated June,2012 per the attached eleven(11)pages. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID, Eric J.Carlson,Purchasing Agent Name ' Firm /1i Signed By Q6,14 4`6vr// ec74� cerr Title u RECE1 , ,: JUL 132012 BY:______. Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS RETURN BIDS TO: Published:July 4,2012 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER PageLor_fifages 1819 Famam Street • Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA'. • Bid Cloabg Date: 11:00 AM. July 11,2012 IMPORTANT . • 1.Bid must be in the oSka of the Aofng CRY CLERK,LC-1,OMAHA.000GIAS CMC 5.BID MUST INCLUDE MY DELIVERY OR SNIPPING CHARGES. CENTER. 1819 Famam Sheet,Omaha,NE 881834e11 by dosing dale and bee a•when submnitbp bid on Iona Med,bidder r an a aepa11811 sheet meleesollostions WAWA In seated enhrebpe marked BID ON:WALNUT GROVE PARK DRAINAGE cambia reductiom ten cob eberaver this is Matte Dim*tatlimillk dole d meleri& 11PROVENENTS. • or M eron oleterded Items or quantity change. 2.As voidance of good faith a bid bond or ambled die k must be sub:rtted with bid.Bid Bond or willed diedr shal be made payabie b the'rib d Omaha'. FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION - 3.Rigid b roamed b accept a reject any or el bias in then eniiets and the hidden;end have the roht b appeal any dedr bn es the City Counc8. Right is also reee ved b accept • or reject any part of your bid madams otlanwise hdica ed byyoa, 4.It Federal Eraiee Tax apples,show amount of same end dedud. Exemplion*Wades rr6 be furnished.Do not iodide tax in bid. Quote your lowest price,beat delivery and terms,F.O.B.deliver tjolet en the terms(s)listed below. This is to certify That the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the NOM ASSOCIATES,INC for the WALNUT GROVE PARK DRAINAGE IMPROVEMENTS and that the bidder has made al the examinations and Investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO ( ,TROUGH l . It is understood(a)that as to the contract which may be awarded upon this proposal,the Contract period MI be the term beginning with the notice to . proceed end ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that It is the indention of the Park Planning Division that a contract shaft be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid,having regard for his fitness and capacity to furnish in sufficient quantities the gusty of material COnSidered by said Park Planning*Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,ati materials and all else whatsoever necessary to construct and property finish all the work in connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska' in . accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Pubic Property Department for the lump sum of: • BASE BID: 6tic &1 t u^ciy t /w-1 y .OLAIC HNo u.sotiod 8i9'l,F u4ao4'&71 do//ors A wil h6 ce4S iS /y41r13oo .oa • Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Instance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). $eler any ouestiona regarding the Bid or Contract Documents r to the Park Plannino Division rd 4024444100 or ae poted in the Contract Documents. As bidders awarded a conned in the ensue or$5,0110 or mom must comply%tlh the Corded Compliance Warm m and have on Gs with the Human Relators Depsirnent the Contact Comprence Repoli(Form CC-1).This report shah be in died*24 months from the date received by the Human Reams()enamel*.Any r)oealorn regardng the Confect Complanoe Ordnance or PBEIDEB thbgsshoutd be d'ssdbd to the Humanf Rotations DepaMbnt at 402444-5LS. '' (Please Print Legibly or Type) Firm vet t,l /`" ``ft -- Incorporated in ` ` I V Name M•►�*��� rt.. B t..',r, v.. Signature�Z- 2• e) • Title Phone 'IO Z`3c1 ZS—'y'F Fax e-AZ S Sei.`5.7710 Address Z&M t Icitet kit/ S V4tOey jll& 6eO `e • StreetP.O.Box City State Zip E-Mail Address I^k)e,(IS() 11&U e icp•Gcy-t Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • • • Rid Farm(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS • NOT AN-ORDER Page 2 of 6 Pages The bidder hereby states that the above dotal cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, all equipment furnished in accordance with the requirements of the contract documents considered severalty and collectively. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents tiled"WALNUT GROVE PARK DRAINAGE IMPROVEMENTS'and the duly executed agreement or contact proper:that, said documents are complementary and that which is required,shown or spedied by any one of these.shall be as binding as if required by all. The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or any secret understanding with anyone with respect to any provisions contained in this proposal. BID BOND: • • In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the City of Omaha,in the sum of: 7 Z 6Citbv -� ,inct hH. i o.,6�y Cis 1k > a ; q 0 ,,which is at five percent(5%)of the aggregate amount of the proposal. It is agreed that.In the event the bidder is awarded a contract based on this proposal,or a part thereof and falls or refuses to execute a written contract or fats to furnish a performance bond within ten days after the award of said contract the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty,as it,is expressly agreed that said sum is a fat measure of the damages which will be sustained by the City of Omahain"cased any such failure or refusal onihe ped4fte . The said sum,however,will be returned to the bidder; If and when he shall faithfully keep and perform all of the conditions set fourth in the adverfisement and the requirements for bidding and instructions to bidders,end furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on • the current edition of Circular 570 of the United States Dept of the Treasury. NOTICE: •• • Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. • COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14.2012. AU wort associated with the project shall be completed on or before this date. PERFORMANCE BOND: . Refer to Specification Section 00200, 'instructions to Bidders', Part 2.10, 'Bond Submission' and Section 00400, 'Performance, Payment Maintenance Bond'requirements. • SIGN ALL COPIES • Firm ✓Colt ems , . • By • h � / . Title ffel:dews- sions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Pubic Property Department for the lump sum of: • BASE BID: 6tic &1 t u^ciy t /w-1 y .OLAIC HNo u.sotiod 8i9'l,F u4ao4'&71 do//ors A wil h6 ce4S iS /y41r13oo .oa • Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Instance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). $eler any ouestiona regarding the Bid or Contract Documents r to the Park Plannino Division rd 4024444100 or ae poted in the Contract Documents. As bidders awarded a conned in the ensue or$5,0110 or mom must comply%tlh the Corded Compliance Warm m and have on Gs with the Human Relators Depsirnent the Contact Comprence Repoli(Form CC-1).This report shah be in died*24 months from the date received by the Human Reams()enamel*.Any r)oealorn regardng the Confect Complanoe Ordnance or PBEIDEB thbgsshoutd be d'ssdbd to the Humanf Rotations DepaMbnt at 402444-5LS. '' (Please Print Legibly or Type) Firm vet t,l /`" ``ft -- Incorporated in ` ` I V Name M•►�*��� rt.. B t..',r, v.. Signature�Z- 2• e) • Title Phone 'IO Z`3c1 ZS—'y'F Fax e-AZ S Sei.`5.7710 Address Z&M t Icitet kit/ S V4tOey jll& 6eO `e • StreetP.O.Box City State Zip E-Mail Address I^k)e,(IS() 11&U e icp•Gcy-t Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 3 of 6 Pages INSURANCE REQUIREMENTS: • Refer to Specification Section 00500, 'General Conditions of the Contract for Construction', Part 2.15, 'Contractor's Insurance'for insurance requirements. ALTERNATES: ALTERNATE NO.1: 6'concrete pavement-ADD6EDU$ (cirde one): $ Z.J 0 SIGN ALL COPIES Firm Q.tk " A, t3-tYt By ply /ii Title turf 1.44CUA1`01— OVER SHEET WITH YOUR BID, Eric J.Carlson,Purchasing Agent Name ' Firm /1i Signed By Q6,14 4`6vr// ec74� cerr Title u RECE1 , ,: JUL 132012 BY:______. Bid Form(Rev.01-2012) • DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET • • ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS • •NOT AN ORDER Page 4 of 6 Pages • UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently,the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification,including a listing of what firms am certified under the Small and Emerging Small Business Program, please see the City of Omaha website at www.ci.omahane.ue or contact the Human Rights and Relations • Department at 444-5055. • CERTIFIEQ GROUP1S1 With regard to this solicitation, the City has determined that a sufficient number of companies exist within the following CERTIFIED • GROUP(S)": [ XJ Tier I Emerging Small Business [ X) Tier II Emerging Small Business [ X) Tier I Small Business I XI Tier II Small Business FIRM TO FULFILL • ( ) this entire contract • ( xi a portion of this contract as defined below-Fumish all labor,all materials and all else whatsoever necessary to construct and properly finish: • • • 1. Supply and install seeding and a8.erosion control blankets • • • • "Please note: in order to be considered for this solicitation,your firm must be CERTIFIED in the above-referenced category PRIOR IQ the bid opening date of this solicitation. Pursuant to Omaha Municipal Code Section 10-203(d), the above-referenced category of bidders will be given preference in the selection of this bid. Submittals by non-certified bidders or the failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit"A"titled "SMALL ANDIOR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM"and submit it with their bid to be considered. . SIGN ALL COPIES Firm V all et/ o",--t`%°x^ • BY ft_ Tithe Arcs.ol /Z • -pt • e ond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on • the current edition of Circular 570 of the United States Dept of the Treasury. NOTICE: •• • Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. • COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14.2012. AU wort associated with the project shall be completed on or before this date. PERFORMANCE BOND: . Refer to Specification Section 00200, 'instructions to Bidders', Part 2.10, 'Bond Submission' and Section 00400, 'Performance, Payment Maintenance Bond'requirements. • SIGN ALL COPIES • Firm ✓Colt ems , . • By • h � / . Title ffel:dews- sions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Pubic Property Department for the lump sum of: • BASE BID: 6tic &1 t u^ciy t /w-1 y .OLAIC HNo u.sotiod 8i9'l,F u4ao4'&71 do//ors A wil h6 ce4S iS /y41r13oo .oa • Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Instance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). $eler any ouestiona regarding the Bid or Contract Documents r to the Park Plannino Division rd 4024444100 or ae poted in the Contract Documents. As bidders awarded a conned in the ensue or$5,0110 or mom must comply%tlh the Corded Compliance Warm m and have on Gs with the Human Relators Depsirnent the Contact Comprence Repoli(Form CC-1).This report shah be in died*24 months from the date received by the Human Reams()enamel*.Any r)oealorn regardng the Confect Complanoe Ordnance or PBEIDEB thbgsshoutd be d'ssdbd to the Humanf Rotations DepaMbnt at 402444-5LS. '' (Please Print Legibly or Type) Firm vet t,l /`" ``ft -- Incorporated in ` ` I V Name M•►�*��� rt.. B t..',r, v.. Signature�Z- 2• e) • Title Phone 'IO Z`3c1 ZS—'y'F Fax e-AZ S Sei.`5.7710 Address Z&M t Icitet kit/ S V4tOey jll& 6eO `e • StreetP.O.Box City State Zip E-Mail Address I^k)e,(IS() 11&U e icp•Gcy-t Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Fomi(Rev.01-2012) • DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 5 of 6 Pages • EXHIBIT"A" • NALL ANDl9R EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM (THIS FORM MUST BE SUBMITTED WITH THE BID) In the_eadonnenoe of this contract the contactor or000ses and amps to make motile stbib to convad alai Ifaibla City d Omaha cereal snap andlor aneivinn smq bcattessee.Should the below Ned small a eriemine smolt ilk subcontractor be detemdned b be unable b oaten s ctea krAr orbnotcerfomneo saesfacodir.to oont shell cabin odor aeomvai from the Public Works Decarbnw Obawor or a ds(pnee.for aapn of the Mew fetid gaboorobecthr ME a Ctbr of Omaha ceded sore er emeiainq • mitallbaleese. IlyAkelinathisloratablddlatineriffitagetruseftkuubmsogors oartldonne in the moan to ooeodunlb to subm1bids ltttoroirt Type of work and Projected contract Item or commence • - Name of small or Address parts thereof to mint and Agreed price Percentage(%) emerging small be performed completion with SB/ESB business date of work c +n+ Vog /Lill /0 /Z4S 3goGt+3 cord Pf G $zt490 eo• c�t�cv D 4M q�fJ E bras;o6 6si-frel 1 6VtiL • • • 01 Totals • CERTIFICATION The understgnedicoreactor certifies that hefahe has mad.undeneinds,rod agrees te be bound by small emit(wag lag srial Mimes*paAidpelon contact speolexa ns,and the other toms and cannons of the Invitation for Eire. The rndenbned fuller argilles that hehoe b Iegely authorized by the blddsrto meter M statements and represenarkee in the smell mitt emerging anal business perecipsfo i contract apsdkallons and that said sistementh end represerarfas are Ore and width the bestow histor knowledge and belie( The undersigned+si enter into Om*agreements)with email and/or emerging smell businesses(which are otherwise deemed by he air of Omaha to be Odra*iesponable to pedant he work)feted in the contract speoiCstbm at the pia(s)set bah to true Eidhbl oondiboned upon on/on of a contact by he undersigned ath to Coy of Omaha The uldersignedloonirector acmes hat if any the representation coeds egsrdkg Anion of and andbremergbrg smell bwtrass by the bidder bnowig than b be fates,orthere la s Mum by the successful bidder(Le.the Contractor)bbeamed he slated agreements,inienlons.objecMa,oasts`and comma*est forth herein*Shout ploy approval olio Pubic Works Otreotx,such scion stall oonaa it a materiel breach d the contact,entitling the City of Omaha b reject the aamaoteee bider')tuminate he Centred br dela&The rbMto ao tenntale ahrg be in addition to and not In eau o(,sny other Aghb a reredos the Cily of Omaha may hoe ibr other defeub under he Contract under CO o Onah's Contract • Comps=Ordinance or Omega Addaorany,the urbersignedioonbaebr we be subject to the tams at aty Mire contract swat Signature � Z �7j Telephone Number Of1Z-551" 6.51S. Title Pre s i d e..r Date of Signing 7/ig • Finn or Corporate Name• t.k ((e j CO1 D c.v.,— • _ Address 2 e L zee tb, �'hhrr re. / leer See • ((alto., r IJ rgbPe€( el:dews- sions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Pubic Property Department for the lump sum of: • BASE BID: 6tic &1 t u^ciy t /w-1 y .OLAIC HNo u.sotiod 8i9'l,F u4ao4'&71 do//ors A wil h6 ce4S iS /y41r13oo .oa • Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Instance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). $eler any ouestiona regarding the Bid or Contract Documents r to the Park Plannino Division rd 4024444100 or ae poted in the Contract Documents. As bidders awarded a conned in the ensue or$5,0110 or mom must comply%tlh the Corded Compliance Warm m and have on Gs with the Human Relators Depsirnent the Contact Comprence Repoli(Form CC-1).This report shah be in died*24 months from the date received by the Human Reams()enamel*.Any r)oealorn regardng the Confect Complanoe Ordnance or PBEIDEB thbgsshoutd be d'ssdbd to the Humanf Rotations DepaMbnt at 402444-5LS. '' (Please Print Legibly or Type) Firm vet t,l /`" ``ft -- Incorporated in ` ` I V Name M•►�*��� rt.. B t..',r, v.. Signature�Z- 2• e) • Title Phone 'IO Z`3c1 ZS—'y'F Fax e-AZ S Sei.`5.7710 Address Z&M t Icitet kit/ S V4tOey jll& 6eO `e • StreetP.O.Box City State Zip E-Mail Address I^k)e,(IS() 11&U e icp•Gcy-t Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • Bid Form(Rev.014012) • • DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS ' NOT AN ORDER Page 8 ore Pages Responsible Contractor Compliance Form RC-1 • b ; ; '4 1. Regulations: A.Article IV,Division I of Chapthr I0 of the Omaha Municipal Code thereon require: 1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor. shall fill out completely a Responsible Contractor Compliance Form(RC-I). An incomplete or unsigned RC-1 form will make your bid null and void. • 2. Filing this Report(please Initial in the boxes below): • • • EContractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform • employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work �eliiggiibbility. . .. ..• LJ Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. Stat.Section 48-2901 et seq.). IJ Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. Section 73-104 et seq.). • U Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date - this bid is submitted • Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a criminal,repeat or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)separate "serious"OSHA violations within the past three(3)years. Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Responsible Contractor Compliance Form RC-1. • Signature • By signing I verify on behalf of the Contractor that the information above is true and correct Filing false information carries a penalty of up to a$500 fine or six months in Jail. in addition.the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. l bwtrass by the bidder bnowig than b be fates,orthere la s Mum by the successful bidder(Le.the Contractor)bbeamed he slated agreements,inienlons.objecMa,oasts`and comma*est forth herein*Shout ploy approval olio Pubic Works Otreotx,such scion stall oonaa it a materiel breach d the contact,entitling the City of Omaha b reject the aamaoteee bider')tuminate he Centred br dela&The rbMto ao tenntale ahrg be in addition to and not In eau o(,sny other Aghb a reredos the Cily of Omaha may hoe ibr other defeub under he Contract under CO o Onah's Contract • Comps=Ordinance or Omega Addaorany,the urbersignedioonbaebr we be subject to the tams at aty Mire contract swat Signature � Z �7j Telephone Number Of1Z-551" 6.51S. Title Pre s i d e..r Date of Signing 7/ig • Finn or Corporate Name• t.k ((e j CO1 D c.v.,— • _ Address 2 e L zee tb, �'hhrr re. / leer See • ((alto., r IJ rgbPe€( el:dews- sions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Pubic Property Department for the lump sum of: • BASE BID: 6tic &1 t u^ciy t /w-1 y .OLAIC HNo u.sotiod 8i9'l,F u4ao4'&71 do//ors A wil h6 ce4S iS /y41r13oo .oa • Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Instance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). $eler any ouestiona regarding the Bid or Contract Documents r to the Park Plannino Division rd 4024444100 or ae poted in the Contract Documents. As bidders awarded a conned in the ensue or$5,0110 or mom must comply%tlh the Corded Compliance Warm m and have on Gs with the Human Relators Depsirnent the Contact Comprence Repoli(Form CC-1).This report shah be in died*24 months from the date received by the Human Reams()enamel*.Any r)oealorn regardng the Confect Complanoe Ordnance or PBEIDEB thbgsshoutd be d'ssdbd to the Humanf Rotations DepaMbnt at 402444-5LS. '' (Please Print Legibly or Type) Firm vet t,l /`" ``ft -- Incorporated in ` ` I V Name M•►�*��� rt.. B t..',r, v.. Signature�Z- 2• e) • Title Phone 'IO Z`3c1 ZS—'y'F Fax e-AZ S Sei.`5.7710 Address Z&M t Icitet kit/ S V4tOey jll& 6eO `e • StreetP.O.Box City State Zip E-Mail Address I^k)e,(IS() 11&U e icp•Gcy-t Street/P.O.Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY • REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS RETURN BIDS TO: Published:July 4,2012 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 6 Pages 1819 Farnam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA". Bid Closing Date: 11:00 A.M. July 18,2012 IMPORTANT 1. Bid must be in the office of the Acting CITY CLERK,LC-1,ONIAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CENTER, 1819 Famam Street, Omaha, NE 68183-0011 by dosing date and time 6.When submitting bid on items listed,bidder may on a separate sheet,make suggestions indicated, in sealed envelope marked BID ON:WALNUT GROVE PARK DRAINAGE covering reduction in costs wherever this is possible through redesign,change of material IMPROVEMENTS. or utilization of standard items or quantity change. 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid Band or certified check shall be made payable to the'City of Omaha'. FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 3.Right is reserved to accept or reject any or a8 bids in their entirety and the bidders shall have the right to appeal any decision to the City Council. Right is also reserved to accept or reject any part of your bid unless otherwise indicated by you. 4. If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished.Do not Include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the HGM ASSOCIATES,INC for the WALNUT GROVE PARK DRAINAGE IMPROVEMENTS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO \ ,THROUGH ( It is understood (a) that as to the contract which may be awarded upon this proposal, the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that it is the intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid,having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt. On the Foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of BAS BID: 016 c" L��t�-1 1 ► C' 1t'( ) �I r Le 9T►-r l i.hp ? - ' Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listings should be directed to the Human Relations Department at 402-444-5055. • (Please Print Legibly or Type) Firm;A - IC H> 01,01 (',, Inca ted in 1 " ihw Name ekc i LPL/ti --"J '<� Ck Signature ,�,,i/ Title c.,�1.19C 1J1" Phone O ?i ; - OO Fax `' ?" Qf t( Address 1? (� a ,1. 0 007 • Street/P.O.Box City State Zip E-Mail Address ' I N C I(D,(, A L Ca€ .Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • • Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER • Page 2 of 6 Pages The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, all equipment furnished in accordance with the requirements of the contract documents considered severally and collectively. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents titled "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS"and the duly executed agreement or Contract proper;that, said documents are complementary and that which is required,shown or specified by any one of these,shall be as binding as if required by all. The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or any secret understanding with anyone with respect to any provisions contained in this proposal. BID BOND: • in accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the City of Omaha,in the sum of: I� fl€,Ckfki— / / _($ 17° ), which is at least five percent(5%)of the aggregate amount of the proposal, It is agreed that, in the event the bidder is awarded a contract based on this proposal, or a part thereof and fails or refuses to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract,.the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty,as it is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder; if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: • Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may rejected as informal. COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14,2012. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, 'Bond Submission' and Section 00400, "Performance, Payment Maintenance Bond°requirements. • SIGN ALL COPIES Fig Li) By e all the work in connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of BAS BID: 016 c" L��t�-1 1 ► C' 1t'( ) �I r Le 9T►-r l i.hp ? - ' Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listings should be directed to the Human Relations Department at 402-444-5055. • (Please Print Legibly or Type) Firm;A - IC H> 01,01 (',, Inca ted in 1 " ihw Name ekc i LPL/ti --"J '<� Ck Signature ,�,,i/ Title c.,�1.19C 1J1" Phone O ?i ; - OO Fax `' ?" Qf t( Address 1? (� a ,1. 0 007 • Street/P.O.Box City State Zip E-Mail Address ' I N C I(D,(, A L Ca€ .Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 3 of 6 Pages INSURANCE REQUIREMENTS: Refer to Specification Section 00500, "General Conditions of the Contract for Construction", Part 2.15, "Contractor's Insurance" for insurance requirements. ALTERNATES: ALTERNATE NO.1: 6"concrete pavement—ADD'DEDUCT circle one): $ (3" .d 8 SIGN ALL COPIES Firm i)C Ca) By T' e ,r6 1 Title turf 1.44CUA1`01— OVER SHEET WITH YOUR BID, Eric J.Carlson,Purchasing Agent Name ' Firm /1i Signed By Q6,14 4`6vr// ec74� cerr Title u RECE1 , ,: JUL 132012 BY:______. Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 4 of 6 Pages UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently,the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of what firms are certified under the Small and Emerging Small Business Program, please see the City of Omaha website at www,ci.omaha.ne.us or contact the Human Rights and Relations Department at 444-5055. CERTIFIED GROUP(S) With regard to this solicitation, the City has determined that a sufficient number of companies exist within the following CERTIFIED GROUP(S)' : [ X) Tier I Emerging Small Business [ X Tier II Emerging Small Business [ X) Tier I Small Business [ X[ Tier II Small Business FIRM TO FULFILL [ I this entire contract • [ X] a portion of this contract as.defined below-Furnish all labor,all materials and all else whatsoever necessary to construct and properly finish: 1. Supply and install seeding and all erosion control blankets "Please note: in order to be considered for this solicitation, your firm must be CERTIFIED in the above-referenced category PRIOR TO the bid opening date of this solicitation. Pursuant to Omaha Municipal Code Section 10-203(d), the above-referenced category of bidders will be given preference in the selection of this bid Submittals by non-certified bidders or the failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit "A", titled "SMALL AND10R EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM"and submit it with their bid to be considered. SIGN ALL COPIES Finn ('z By ,lin Tit e (z- 5'10F f eturned to the bidder; if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: • Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may rejected as informal. COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14,2012. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, 'Bond Submission' and Section 00400, "Performance, Payment Maintenance Bond°requirements. • SIGN ALL COPIES Fig Li) By e all the work in connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of BAS BID: 016 c" L��t�-1 1 ► C' 1t'( ) �I r Le 9T►-r l i.hp ? - ' Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listings should be directed to the Human Relations Department at 402-444-5055. • (Please Print Legibly or Type) Firm;A - IC H> 01,01 (',, Inca ted in 1 " ihw Name ekc i LPL/ti --"J '<� Ck Signature ,�,,i/ Title c.,�1.19C 1J1" Phone O ?i ; - OO Fax `' ?" Qf t( Address 1? (� a ,1. 0 007 • Street/P.O.Box City State Zip E-Mail Address ' I N C I(D,(, A L Ca€ .Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 5 of 6 Pages EXHIBIT"A" - SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM (THIS FORM MUST BE SUBMITTED WITH THE BID) In the performance of this contract,the contractor proposes and agrees to make good'faith efforts to contract with eligible City of Omaha certified small and/or ernemlina small businesses Should the below listed small or ememing small business subcontractor be determined to be unable to perform successfully or Is not performing satisfactorik the contractor shall obtain prior approval from the Public Works Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified small or emerging small business. By submittingJlis form,the bidder is certifying that it has afforded subcontractors participating in the program the opportunity to submit bids on this r 'd Type of work and Projected contract item or commence- Name of small or Address parts thereof to ment and Agreed price Percentage(%) emerging small be performed completion with SB!ESB business date of work \\;.fc{"1 1\l i& I Ig Ni t`�6 )1---S if rr7 ,} T_roto. l 5�c�iiJ �, Cit�A-4'4 jI — 0(01 /`�`1 �°aa 1 �1� 6 ._%E..01/l 61 4 f(zo S�r • • • Totals CERTIFICATION The undersigned/contractor certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business participation contract specifications,and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business participation contract specifications 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 small and/or emerging smaN businesses(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the price(s)set forth In this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging smak business by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goats,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractors bid or to terminate the Contract for default The right to so terminate shall be in It' n to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordina or rise. A ally u de ign contractor will be subject to the terms of any future contract awards. Signature Telephone Number ki/n )3 '7O0 Title Y 5 I tJf Date of Signing `�- Firm or Corporate Name �� 4.�C n k CN3s-q-P--li(. r t►,.) (.6 - Address 99\ �.1 �-r? C(L�At l c' ��t�-1 1 ► C' 1t'( ) �I r Le 9T►-r l i.hp ? - ' Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listings should be directed to the Human Relations Department at 402-444-5055. • (Please Print Legibly or Type) Firm;A - IC H> 01,01 (',, Inca ted in 1 " ihw Name ekc i LPL/ti --"J '<� Ck Signature ,�,,i/ Title c.,�1.19C 1J1" Phone O ?i ; - OO Fax `' ?" Qf t( Address 1? (� a ,1. 0 007 • Street/P.O.Box City State Zip E-Mail Address ' I N C I(D,(, A L Ca€ .Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY • REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 6 of 6 Pages Responsible Contractor Compliance Form RC-1 t A q try. 1. Regulations: . A.Article IV,Division 1 of Chapter 10 of the Omaha Municipal Code thereon require: 1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor, shall fill out completely a Responsible Contractor Compliance Form(RC-1), An incomplete or unsigned RC-I form will make your bid null and void. 2. Filing this Report(please initial in the boxes below): ontractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work eligibility. Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. Stat.Section 48-2901 et seq.). • AL- agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. Section 73-104 et seq.). contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date this bid is submitted. iiiiontractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)separate "serious"OSHA violations within the past three(3)years. "In. • tractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the pro ' i of the Respons'ble Contractor Compliance Form RC-1. ----2/-24 Signal Date By signing.I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a$500 tine or six months in,jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. contract specifications at the price(s)set forth In this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging smak business by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goats,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractors bid or to terminate the Contract for default The right to so terminate shall be in It' n to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordina or rise. A ally u de ign contractor will be subject to the terms of any future contract awards. Signature Telephone Number ki/n )3 '7O0 Title Y 5 I tJf Date of Signing `�- Firm or Corporate Name �� 4.�C n k CN3s-q-P--li(. r t►,.) (.6 - Address 99\ �.1 �-r? C(L�At l c' ��t�-1 1 ► C' 1t'( ) �I r Le 9T►-r l i.hp ? - ' Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listings should be directed to the Human Relations Department at 402-444-5055. • (Please Print Legibly or Type) Firm;A - IC H> 01,01 (',, Inca ted in 1 " ihw Name ekc i LPL/ti --"J '<� Ck Signature ,�,,i/ Title c.,�1.19C 1J1" Phone O ?i ; - OO Fax `' ?" Qf t( Address 1? (� a ,1. 0 007 • Street/P.O.Box City State Zip E-Mail Address ' I N C I(D,(, A L Ca€ .Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • Park Planning Division of the City of Omaha Department of Parks, Recreation and Public Property Omaha/Douglas Civic Center 1819 Farnam Street—Suite 701 Omaha,Nebraska 68183-0701 WALNUT GROVE PARK DRAINAGE IMPROVEMENTS 15050 Q Street,Omaha,Nebraska ADDENDUM NO. 1 13 July 2012 This Addendum No. 1 forms a part of the Contract Documents and modifies the original Specifications and Drawings dated June 2012 for the Walnut Grove Park Drainage Improvements, 15050 Q Street, Omaha, Nebraska. GENERAL ITEM#1: The pre bid meeting sign-in sheet is attached for reference. BID FORM ITEM#1: A revised bid form is attached for using in submitting bids. SPECIFICATIONS ITEM#1: Section 01030`Alternates'is added and shall be used in bidding this project. DRAWINGS ITEM#1: Drawing No.CO.2,"General Notes",under"Grading Notes": DELETE Grading Note#2. ITEM#2: Drawing No.CO.2,'General Notes", under"General Notes": ADD the following Note. "16. THE OWNER SHALL PROVIDE AN INDEPENDENT TESTING LABORATORY TO PERFORM TESTING FOR SOIL DENSITY, MOISTURE, AND CONCRETE STRENGTH. THE CONTRACTOR SHALL PROVIDE ACCESS TO WORK TO BE TESTED AND SHALL NOTIFY THE LABORATORY OR INSPECTOR SUFFICIENTLY IN ADVANCE OF OPERATIONS TO ALLOW FOR THE SCHEDULING OF PERSONNEL AND TESTS." • ITEM#3: Drawing No. C1.3,"Site Plan -South": DELETE the following Note referencing the existing Rip Rap at the north end of the culvert: Addendum No.1 Walnut Grove Park Drainage Improvements Page 1 of 2 e past three(3)years. "In. • tractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the pro ' i of the Respons'ble Contractor Compliance Form RC-1. ----2/-24 Signal Date By signing.I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a$500 tine or six months in,jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. contract specifications at the price(s)set forth In this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging smak business by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goats,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractors bid or to terminate the Contract for default The right to so terminate shall be in It' n to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordina or rise. A ally u de ign contractor will be subject to the terms of any future contract awards. Signature Telephone Number ki/n )3 '7O0 Title Y 5 I tJf Date of Signing `�- Firm or Corporate Name �� 4.�C n k CN3s-q-P--li(. r t►,.) (.6 - Address 99\ �.1 �-r? C(L�At l c' ��t�-1 1 ► C' 1t'( ) �I r Le 9T►-r l i.hp ? - ' Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listings should be directed to the Human Relations Department at 402-444-5055. • (Please Print Legibly or Type) Firm;A - IC H> 01,01 (',, Inca ted in 1 " ihw Name ekc i LPL/ti --"J '<� Ck Signature ,�,,i/ Title c.,�1.19C 1J1" Phone O ?i ; - OO Fax `' ?" Qf t( Address 1? (� a ,1. 0 007 • Street/P.O.Box City State Zip E-Mail Address ' I N C I(D,(, A L Ca€ .Box City State Zip E-Mail Address p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • • • "REMOVE AND SALVAGE EXISTING RIPRAP AND GROUTED RIPRAP AND PLACE IN CHANNEL BED DOWNSTREAMOF NEW PIPE CULVERT" And REPLACE with the following Note: "REMOVE EXISTING RIPRAP, BROKEN CONCRETE AND ASPHALT AND DISPOSE OF OFF SITE' ITEM#4: Drawing No. C2.2, "Details", "ROADWAY AND TRAIL TYPICAL SECTION (NORTH CULVERT)" and "ROADWAY AND TRAIL TYPICAL SECTION(SOUTH CULVERT)": REVISE the Note referencing the roadway pavement to read as follows: "6 INCH ASPHALT PAVEMENT (2" SURFACE COURSE (CMM) & 4" MIN BASE COURSE) OR ALTERNATE NO. 1 —6"MIN PC CONCRETE PAVEMENT TYPE L65" CLARIFICATIONS ITEM#5: Concrete removals from existing trail cannot be used as riprap in the channel and shall be disposed of off site. Addendum No. 1 Walnut Grove Park Drainage Improvements Page2of2 BY:______. DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA NEBR 68183 PHONE(402)444-7155 FAX(402)444-5423 July 13,2012 NOTICE TO BIDDERS: REQUEST FOR BID ON WALNUT GROVE PARK DRAINAGE IMPROVEMENTS 15050 Q Street,Omaha, Nebraska Bid Opening: July 18,2012, 11:00 A.M. ADDENDUM NO.01: Modifications to the original specifications and drawings,dated June,2012 per the attached eleven(11) pages. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. Eric J.Carlson,Purchasing Agent Th6-0 Na of igned B Title in the channel and shall be disposed of off site. Addendum No. 1 Walnut Grove Park Drainage Improvements Page2of2 BY:______. • ' Bid Form(Rev.07-2012) . DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS RETURN BIDS TO: Published:July 4,2012 CITY CLERK,LC-1 . OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 6 Pages 1819 Famam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS 520,006 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA". Bid Closing Date: 11:00 A.M. July 18,2012 . IMPORTANT 1. Bid must be in the office of the Acting CITY CLERK, LC-1,OMAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CENTER, 1819 Famam Street, Omaha, NE 68183-0011 by dosing date and time 6.When submitting bid on items listed,bidder may on a separate sheet make suggestions indicated, in sealed envelope marked BID ON: WALNUT GROVE PARK DRAINAGE covering reduction in costs wherever this is possible through redesign,change of material IMPROVEMENTS. or utilization of standard items or quantity change. 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid Bond or certified check shall be made payable to the'City of Omaha". FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 3.Right is reserved to accept or reject any or all bids in their entirety and the bidders shall have the right to appeal any decision to the City Council. Right is also reserved to accept or reject any part of your bid unless otherwise indicated by you. 4.If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished.Do not include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the HGM ASSOCIATES,INC for the WALNUT GROVE PARK DRAINAGE IMPROVEMENTS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO / ,THROUGH / . It is understood (a)that as to the contract which may be awarded upon this proposal, the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that it is the intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid, having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt. On the foregoing, understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with 'WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in, accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department ffoo e lump m of: �j - /� BASE BID:l/lee 04-6A- 11 / e-iufi a kLdteliz ,e/ g.„). de.- (i.D" Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing.Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. Alt bidders awarded a contract in the amount of$5.000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listingsshourd be directed to the Fwfnan Relations De ent at 402-444-5055. (Please Print Legibly or Type) Firm Ai.,...),,,, toL:1-C.,..C.c['y,,d,,:E--/J�-- In o ted in . f, ed-e-C=t- 1 �[. J " ' (State} Jl Name /4/�Q �Jtz>A'Al Signature �Ic-.C«,/-�'t�r� 7(_ ',c , � ice, Title -l'h-c.Q.c ii.4-.k./ Phone 4/02-.52/--///O Fax 1/0-2 - %/- -5(04 7 Address ff,300,2 ,LI. 6 -% ne c-Jiee.J.c, ,L/t t!ce7,jii Street(P.O.Box ity ' State Zip E-Mail Address 414 4 ` Cf'r 0.f)V)1 Xrna k ( . e'tn VY1 � z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FORBID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 2 of 6 Pages The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, all equipment furnished in accordance with the requirements of the contract documents considered severally and collectively. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents titled"WALNUT GROVE PARK DRAINAGE IMPROVEMENTS"and the duly executed agreement or contract proper;that, said documents are complementary and that which is required,shown or specified by any one of these,shall be as binding as if required by all. The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or any secret understanding with anyone with respect to any provisions contained in this proposal. BID BOND: In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the City of Omaha,in the sum of: e / . ($ ),which is at least five percent(5%)of the aggregate amor tt of the proposal. It is agreed that, in the event the bidder is awarded a contract based on this proposal, or a part thereof and fails or refuses to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty,as it is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder, if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and .correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14,2012. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, "Bond Submission" and Section 00400, "Performance, Payment Maintenance Bond"requirements. SIGN ALL COPIES Firm a xi ?Lelt/L .' e1 anti ��- By 0. hzc Title erly finish all the work in connection with 'WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in, accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department ffoo e lump m of: �j - /� BASE BID:l/lee 04-6A- 11 / e-iufi a kLdteliz ,e/ g.„). de.- (i.D" Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing.Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. Alt bidders awarded a contract in the amount of$5.000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listingsshourd be directed to the Fwfnan Relations De ent at 402-444-5055. (Please Print Legibly or Type) Firm Ai.,...),,,, toL:1-C.,..C.c['y,,d,,:E--/J�-- In o ted in . f, ed-e-C=t- 1 �[. J " ' (State} Jl Name /4/�Q �Jtz>A'Al Signature �Ic-.C«,/-�'t�r� 7(_ ',c , � ice, Title -l'h-c.Q.c ii.4-.k./ Phone 4/02-.52/--///O Fax 1/0-2 - %/- -5(04 7 Address ff,300,2 ,LI. 6 -% ne c-Jiee.J.c, ,L/t t!ce7,jii Street(P.O.Box ity ' State Zip E-Mail Address 414 4 ` Cf'r 0.f)V)1 Xrna k ( . e'tn VY1 � z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 3 of 6 Pages INSURANCE REQUIREMENTS: Refer to Specification Section 00500, "General Conditions of the Contract for Construction", Part 2.15, "Contractors Insurance" for insurance requirements. ALTERNATES: ALTERNATE NO.1: 6"concrete pavement ADD DEDUCT(circle one): $ ger f • SIGN ALL COPIES Firm _, krtdit_u_eA-60;t_i\ . . By �, -i - / f'cu. Title -.� sing Agent Th6-0 Na of igned B Title in the channel and shall be disposed of off site. Addendum No. 1 Walnut Grove Park Drainage Improvements Page2of2 BY:______. Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS NOT AN ORDER Page 4 of 6 Pages UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to • participate in City of Omaha projects. Consequently, the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of what firms are certified under the Small and Emerging Small Business Program, please see the City of Omaha website at www.ci.omaha.ne.us or contact the Human Rights and Relations • Department at 444-5055. CERTIFIED GROUP(S) With regard to this solicitation, the City has determined that a sufficient number of companies exist within the following CERTIFIED GROUP(S)* : [ Xj Tier I Emerging Small Business [ X j Tier II Emerging Small Business [ Xj Tier I Small Business [ Xj Tier II Small Business FIRM TO FULFILL [ ] this entire contract [ Xj a portion of this contract as defined below-Furnish all labor,all materials and all else whatsoever necessary to construct and properly finish: 1. Supply and install seeding and all erosion control blankets *Please note: in order to be considered for this solicitation, your firm must be CERTIFIED in the above-referenced category PRIOR TO the bid opening date of this solicitation. • Pursuant to Omaha Municipal Code Section 10-203(d), the above-referenced category of bidders will be given preference in the selection of this bid. Submittals by non-certified bidders or the failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit "A", titled "SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM"and submit It with their bid to be considered. SIGN ALL COPIES Firm --2c-.Lq- ,4- • • By c rLdf., �-,✓ i� Title equirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and .correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be SEPTEMBER 14,2012. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, "Bond Submission" and Section 00400, "Performance, Payment Maintenance Bond"requirements. SIGN ALL COPIES Firm a xi ?Lelt/L .' e1 anti ��- By 0. hzc Title erly finish all the work in connection with 'WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in, accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department ffoo e lump m of: �j - /� BASE BID:l/lee 04-6A- 11 / e-iufi a kLdteliz ,e/ g.„). de.- (i.D" Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing.Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. Alt bidders awarded a contract in the amount of$5.000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listingsshourd be directed to the Fwfnan Relations De ent at 402-444-5055. (Please Print Legibly or Type) Firm Ai.,...),,,, toL:1-C.,..C.c['y,,d,,:E--/J�-- In o ted in . f, ed-e-C=t- 1 �[. J " ' (State} Jl Name /4/�Q �Jtz>A'Al Signature �Ic-.C«,/-�'t�r� 7(_ ',c , � ice, Title -l'h-c.Q.c ii.4-.k./ Phone 4/02-.52/--///O Fax 1/0-2 - %/- -5(04 7 Address ff,300,2 ,LI. 6 -% ne c-Jiee.J.c, ,L/t t!ce7,jii Street(P.O.Box ity ' State Zip E-Mail Address 414 4 ` Cf'r 0.f)V)1 Xrna k ( . e'tn VY1 � z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Bid Form(Rev.01-2012) • DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS • . NOT AN ORDER Page 5 of 6 Pages EXHIBIT"A" • SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM (THIS FORM MUST BE SUBMITTED WITH THE BID) In the performance of this contract,the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified small and/or emeraino small businesses.Should the below listed small or emerging small business subcontractor be determined to be unable to perform successfullyyr is not perfomring satisfactorily.the contractor shall obtain prior approval from the Public Works Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified small or emerging small business. By submitting this form,the bidder is certifying that it has afforded subcontractors participating in the prporam the opportunity to subrrit bids on this project Type of work and Projected contract item or commence • - Name of small or Address parts thereof to ment and Agreed price Percentage(%) emerging small be performed completion with SBIESB business date of work • A s Via,,->t.i. z�� feva z -e_;,,z .(.0 • (pOC)a Li. 89 ncn •ct.E1 el:.�.1., et— ..4., 7 O Totals $q00.5 . CERTIFICATION The undersigned/contractor certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business participation contract specifications,and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business participation contract specifications 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 small and/or emerging small businesses(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the price(s)set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to,a of in lieu of,any other rights or remeot'es the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Oior otherwise. 'banally,the undersign contractor will be subject to the terms of any future contract awards. Signature - & • dc-c--L), &�. • Telephone Number Y 0a-�S V,-illy Title e,c--,C-a-,<-r� Date of Signing '/-/.i''-/02- Firm or Corporate Name �'1.'o ,r__, nrn., r c1..a. 4 - 1wr Address OD,,2 )`.( . �{9 Q EI- 7)%k Al E- Lo V" / e-iufi a kLdteliz ,e/ g.„). de.- (i.D" Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing.Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. Alt bidders awarded a contract in the amount of$5.000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listingsshourd be directed to the Fwfnan Relations De ent at 402-444-5055. (Please Print Legibly or Type) Firm Ai.,...),,,, toL:1-C.,..C.c['y,,d,,:E--/J�-- In o ted in . f, ed-e-C=t- 1 �[. J " ' (State} Jl Name /4/�Q �Jtz>A'Al Signature �Ic-.C«,/-�'t�r� 7(_ ',c , � ice, Title -l'h-c.Q.c ii.4-.k./ Phone 4/02-.52/--///O Fax 1/0-2 - %/- -5(04 7 Address ff,300,2 ,LI. 6 -% ne c-Jiee.J.c, ,L/t t!ce7,jii Street(P.O.Box ity ' State Zip E-Mail Address 414 4 ` Cf'r 0.f)V)1 Xrna k ( . e'tn VY1 � z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA NEBR 68183 PHONE(402)444-7155 FAX(402)444-5423 July 13,2012 NOTICE TO BIDDERS: REQUEST FOR BID ON WALNUT GROVE PARK DRAINAGE IMPROVEMENTS 15050 Q Street,Omaha, Nebraska Bid Opening: July 18,2012,11:00 A.M. ADDENDUM NO.01: Modifications to the original specifications and drawings,dated June,2012 per the attached eleven(11)pages. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. Eric J.Carlson,Purchasing Agent zit cr`.Z OtrIYLu t`a[L zt�Li �7t.� , am of Firm e 'al.0. Sign Title Walnut Grove Park Drainage Improvements Page2of2 BY:______. • DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA NEER 68183 PHONE(402)444-7155 FAX(402)444-5423 July 13,2012 NOTICE TO BIDDERS: REQUEST FOR BID • ON WALNUT GROVE PARK DRAINAGE IMPROVEMENTS 15050 Q Street,Omaha, Nebraska Bid Opening: July 18,2012,11:00 A.M. ADDENDUM NO.01: Modifications to the original specifications and drawings,dated June,2012 per the attached eleven(11)pages. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. Eric J.Carlson,Purchasing Agent CL a of Firm J1-4'44_, at P Sign , Title Walnut Grove Park Drainage Improvements Page2of2 BY:______. • Bid Form(Rev.01-2012) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA WALNUT GROVE PARK DRAINAGE IMPROVEMENTS RETURN BIDS TO: Published:July 4,2012 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of_Q_Pages 1819 Famam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS 620,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA". Bid Closing Date: 11:00 A.M. July 18,2012 IMPORTANT 1.Bid must be in the office of the Acting CITY CLERK,t.C•1,OMAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CENTER, 1819 Famam Street, Omaha, NE 68183-0011 by closing date and time 6.When submitting bid on items listed,bidder may on a separate sheet make suggestions indicated,in sealed envelope marked BID ON:WALNUT GROVE PARK DRAINAGE covering reduction in costs wherever this is possible through redesign,change of material IMPROVEMENTS. or utilization of standard items or quantity change. 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid Bond or certified check shall be made payable to the'City of Omaha'. FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 3.Right Is reserved to accept or reject any or all bids in their entirety and the bidders shall have the right to appeal any decision to the City Council. Right is also reserved to accept or reject any part of your bid unless otherwise indicated by you. 4.If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished.Do not include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the HGM ASSOCIATES,INC for the WALNUT GROVE PARK DRAINAGE IMPROVEMENTS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO 1 ' ,THROUGH It is understood (a) that as to the contract which may be awarded upon this proposal, the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work, the number of consecutive calendar days hereinafter agreed on;and (b)that it is the intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid,having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt, On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work In connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: BASE BID: eAli* riff/✓4een ?#err y aver Vagar,asibto di4fA r Do acMer .pmd„ Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions rellardino the Bid or Contract Documents directly to the Park Planning Division at 402.444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be In effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or P8E/DEB Lisings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm -Ziff dooN. T2tt c77,9A1 Incorporated in (State) Name WM 4A147 Gfelf4C Signature Title P4V-Ste PAT' Phone 4/u2-33/-/2.4ev Fax ya z-331-/7.BG Address y/s3 S: G7""~ Sr• ani#9640 ,tiA— kB//7 Street/P.O.Box City State Zip E-Mail Address 13,L t -r2 P�T/ -�ihteX.4!/1!�. 4.01 2 ,LI. 6 -% ne c-Jiee.J.c, ,L/t t!ce7,jii Street(P.O.Box ity ' State Zip E-Mail Address 414 4 ` Cf'r 0.f)V)1 Xrna k ( . e'tn VY1 � z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc C-25A CITY OF. OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on July 18, 2012, to furnish labor, material's;_and all incidentals necessary to complete the construction of the culvert removal and replacement, site grading, and seeding for the Walnut Grove Park Drainage Improvements, 15050'Q Street, in the total amount of$93,700.00. The work shall include, but not limited to culvert removal, new culvert installation, rip-rap, site grading, erosion control, and seeding; and, WHEREAS, Neuvirth Construction, Inc. submitted the lowest bid, within bid specifications, attached hereto and made a part hereof, in the total amount of$93,700.00; and, WHEREAS, Neuvirth Construction; Inc. has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights -Human Relations; and, WHEREAS, the Mayor has recommended the acceptance of this bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF, THE CITY OF OMAHA: THAT, as recommended by the Mayor, the bid in the total amount of$93,700.00, from Neuvirth Construction, Inc. to furnish labor, materials, and all incidentals necessary to complete the construction of the culvert removal and replacement, site grading, and seeding for the Walnut Grove Park Drainage Improvements, 15050 Q Street, being the best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The work shall include, but not limited to the culvert removal, new culvert installation, rip-rap, site grading, erosion control, and seeding. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds shall be paid from the 2010 Parks & Recreation Bond Fund No. 13355 and Organization No. 117317,Parks & Cultures Bond. APPROVED AS T RM: 7d /d ASSIS ANT CITY ATTORNEY DATE p:1672tmb atroz" %i By I�cilmember Adopted AUG 4 2012 - Approv,d... t. . Mayor HGM ASSOCIATES,INC for the WALNUT GROVE PARK DRAINAGE IMPROVEMENTS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO 1 ' ,THROUGH It is understood (a) that as to the contract which may be awarded upon this proposal, the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work, the number of consecutive calendar days hereinafter agreed on;and (b)that it is the intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid,having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt, On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work In connection with "WALNUT GROVE PARK DRAINAGE IMPROVEMENTS, 15050 Q STREET, Omaha, Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: BASE BID: eAli* riff/✓4een ?#err y aver Vagar,asibto di4fA r Do acMer .pmd„ Note: Refer to page 2 of 6 for Bid Bond,Completion Date&Performance Bond and page 3 of 6 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions rellardino the Bid or Contract Documents directly to the Park Planning Division at 402.444-5900 or as noted in the Contract Documents. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be In effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or P8E/DEB Lisings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm -Ziff dooN. T2tt c77,9A1 Incorporated in (State) Name WM 4A147 Gfelf4C Signature Title P4V-Ste PAT' Phone 4/u2-33/-/2.4ev Fax ya z-331-/7.BG Address y/s3 S: G7""~ Sr• ani#9640 ,tiA— kB//7 Street/P.O.Box City State Zip E-Mail Address 13,L t -r2 P�T/ -�ihteX.4!/1!�. 4.01 2 ,LI. 6 -% ne c-Jiee.J.c, ,L/t t!ce7,jii Street(P.O.Box ity ' State Zip E-Mail Address 414 4 ` Cf'r 0.f)V)1 Xrna k ( . e'tn VY1 � z 3 MIN o7N 3 r26 o ? cMI Z 1 � _ w EXHIBIT 'A' nts, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services.In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • • c g w " o. a 'r5 �e �o 2 7y .i,; . N Jff R, o r CD jL $ C1c�D c� O J E A m . cr j a• w o LtA tA cra 0 `c7 2cu CM ., O p 4� w a' �* G7 cD /J 0 o . -0'4. p,CD v, CD CL0'. 3. p 0 c cry o Cr I •C7 •Ia O a' v, t." 0 i.`'1 ti, CAD 1"' 0 BCD ' t7.1\ . SW CD 0 0 0 is A) co a. cc CD is ,• a 0 o • traa.-off 0. C P- P Cr CD Pa Z ti o P • . . . , ••y • r ¢ aka: N .+L,,,..) rIt..-`( '4. f "r' - . ,- . , ::, 61 Page2of2 BY:______.