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RES 2011-0220 - Bid from LawnSmith & Co Inc for playground renovation at Pacific Meadows Park Ar ?au,,v4. Parks, Recreation&� 4.4 -. '„'s� RECEIVED Public Property Department U `ti�",t�. � tr� Omaha/Douglas Civic Center z 61( � `V" " ^ ,'1 FEB 22 PM 1/' 33 1819 Farnam Street,Suite 701 ��':tt , ^ off•.- ��..i: �' Omaha,Nebraska 68183-0701 o a� 402 444-5900 Y CLERK RASKA 44I)FEBR�4. r t „ FAX(402)441-4921 City of Omaha Melinda Pearson Jim Suttle,Mayor Director 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 LawnSmith & Co., Inc., to furnish all labor, materials and equipment necessary to complete the renovation of the existing playground and related site improvements at Pacific Meadows Park, 15985 Howard Street, Omaha, Nebraska, to include but not be limited to the removal of existing play equipment, purchase and installation of new play equipment, storm drainage, grading, seeding, purchase and installation of new benches and picnic tables for the Parks, Recreation and Public Property Department. The following bids were received on January 26, 2011: VENDOR BID LawnSmith & Co.,Inc. $ 86,156.00 (LOWEST BID) A&J Construction $ 86,740.00 Dostills $ 93,420.00 Navarro $107,091.98 DC Masonry $126,999.00 Ronco $143,700.00 The Finance Department is authorized to pay the cost of this project in the total amount of $86,156.00 from the 2006 Parks & Recreation Bond Fund No. 13354, Organization No. 117315, Recreation and Culture Bond, and Activity/Project No. 2530,Park Roads,Parking Lots &Trails. The contractor 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. 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 Ithis 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, Isuch 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 the Contract,under City of Omaha's Contr Compliance Ordinance or otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. Signature )4.__._-r—Matthew F. Schuman Telephone Number 402-330-8522 Title ce President Date of Signing 2-2- 1 I Firm or Corporate Name Prairie Construction Comoany Address 13316 R Street Omaha NE 68144 1 1 . • Nature Camp Center, 9200 John J. Pershing Dr. Omaha Nebraska in accordance with the 3rovisions 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 13ASEBID: 3EL LAC/0 tiLitib�tL • E26h/j"Y O/t) 72174 U5*.k)1 DOLL s • mo (a 7a/.DoD 1 . Vote: Refer to page 2 of 3 for Bid Bond,Completion Date&Performance Bond and page 3 of 3 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents direct to the Paris Planning Division at 402 41A 5900 or as noted in the Contract Documents. all bidders awarded a contract in the amount of S5,000 or more must comply with the Contract Compliance Ordinance and have on tie with the Human Relations Department the Contract �omptiance 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 Prairie Construction Compa rporated in NE Matthew F. Schuman " ' (State) Name Signature Titlevice Presidenphone 402-330-8522 Fax 402-330— 544 • Address 3316 B Street Omaha NE 6814 Street P.O.Box City . State ip , i E-Mail Address matt@prairie—construction.com Page -2- Honorable President And Members of the City Council The Parks, Recreation and Public Property Department recommends the acceptance of the bid from LawnSmith & Co., Inc. being the lowest and best bid received, and requests your consideration and approval of this Resolution. Rep ctfully sullitted, Approved: I ,Gt 11 �� Zofl 4€,1� dai�� 2�aal/t Melinda Pearson, Director Date Human Rights &Relations Date Parks, Recreation and Public Property Department Approved as to Funding: Re - C. Council for Consideration: Pam Spaccarotella Date . •r'• /0 ffice/Title Date Finance Director p:1381tmb of F' m Matthew F. Schuman Sig By Vice President Title Vice President Title o N c J O CO t a. c H CI ti 0 C- I F . D n a r, • 1 . z a a • ,- s . _CZ > > o a ' M V O tq Ilk mo Ow . 1. a ►_ a w a s a d� Q > a o m W W 0 • v • _ o p_ I- .� Z N W W .0 Q o m 0 c -J -3 ` ,- S 0 3 3 a Q P. � > Z Z co a t) co Y Y .?''' 5 a a N Ti Q Q 0,1 O " 0 �* m w V o ca = 11 N m 3 o N o 13 Ri u_ -8 > o Z Z W W Cif Q ci 01 c 0 O 0 c 1 O 0o N ,. E cem a °a CI a 0 o N ° _ Z' • an CO o m r a c Q s 03 w m • o o a a g play equipment, purchase and installation of new play equipment, storm drainage, grading, seeding, purchase and installation of new benches and picnic tables for the Parks, Recreation and Public Property Department. The following bids were received on January 26, 2011: VENDOR BID LawnSmith & Co.,Inc. $ 86,156.00 (LOWEST BID) A&J Construction $ 86,740.00 Dostills $ 93,420.00 Navarro $107,091.98 DC Masonry $126,999.00 Ronco $143,700.00 The Finance Department is authorized to pay the cost of this project in the total amount of $86,156.00 from the 2006 Parks & Recreation Bond Fund No. 13354, Organization No. 117315, Recreation and Culture Bond, and Activity/Project No. 2530,Park Roads,Parking Lots &Trails. The contractor 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. 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 Ithis 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, Isuch 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 the Contract,under City of Omaha's Contr Compliance Ordinance or otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. Signature )4.__._-r—Matthew F. Schuman Telephone Number 402-330-8522 Title ce President Date of Signing 2-2- 1 I Firm or Corporate Name Prairie Construction Comoany Address 13316 R Street Omaha NE 68144 1 1 . • Nature Camp Center, 9200 John J. Pershing Dr. Omaha Nebraska in accordance with the 3rovisions 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 13ASEBID: 3EL LAC/0 tiLitib�tL • E26h/j"Y O/t) 72174 U5*.k)1 DOLL s • mo (a 7a/.DoD 1 . Vote: Refer to page 2 of 3 for Bid Bond,Completion Date&Performance Bond and page 3 of 3 for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents direct to the Paris Planning Division at 402 41A 5900 or as noted in the Contract Documents. all bidders awarded a contract in the amount of S5,000 or more must comply with the Contract Compliance Ordinance and have on tie with the Human Relations Department the Contract �omptiance 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 Prairie Construction Compa rporated in NE Matthew F. Schuman " ' (State) Name Signature Titlevice Presidenphone 402-330-8522 Fax 402-330— 544 • Address 3316 B Street Omaha NE 6814 Street P.O.Box City . State ip , i E-Mail Address matt@prairie—construction.com r Eti Form(Rev.02-2010) DOUGLAS COUNTY REQUEST.FOR BID AND BID SHEET • ON: CITY OF OMAHA PACIFIC MEADOWS PARK PLAYGROUND RENOVATION lished: 29 December1010 'FROM: P.M.Burke Asst.Douglas County Purchasing Agent Page 1 of 3 Pages 902 Omaha-Douglas Civic Center NOT AN ORDER g 1819 Farnam Street Omaha,Nebraska 68183.0902 • BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TO: TOTAL AMOUNT FOR THE ITEMS OFFERED IS 820,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA". . Bid Closing Date; 11:00 A.M. 26 January 2011 IMPORTANT 5.BID MUST INCLUDE ANY DELIVERY OR CHARGES. 1.Bid must be in the office of the Acting CITY CLERK,LC-1,OMAHA-DOUGLAS CIViC 5 When submittingINCLUDE on itemsEVER,bidder may SHIPPINGn a HARGte sheet,make suggestions CENTER, 1819 a ed envelopen street,Omaha,NE City of Omaha a Pacificclosing cad and Park covering reduction in costs wherever this is possible through redesign,change of material Playground in sealed t marked BID ON: of Omaha Meadows Park or utilization of standard Items or quantity change. Playgren ofgoodaaith 7 If you do not desire to bid,return sheets with reasons for declining.Failure to do so will 2.As evidence umit good bid.Bid a bidBo d or or tifediche k shallir the madedent of bl done bid must inicate your desire to be removed from our mailing list. II you desire a copy of tabulation be submitted with Bond or certified check be payable to the'City of check[ I. Omaha". FAILURE TO DO SO IS CAUSE FOR REJECTION 3.Right is reserved to accept or reject any or all bids in their entirety and the bidders shall PLEASE DO NOT CALL FOR THiS INFORMATION. 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.iDo 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 Path Planning Division in made of the all the f Omaha Pans arks,R ecre goon&Publicrequire bo arty aid Department for the Pacific Meadows Park Playground Renovation and that the biddero 1 BIDDER ACKNOWLEDGESRECEIPT OF ADDENDA NO I THROUGH It is understood(a) that as to the contract which may be awarded upnn this e utivercatendaal,�da s hee aeinaftect pagreed ond will be h and term (b}that tbeginning is Utewith intention notice of the Iproceed and ending with the acceptance of the work,the•number of cos y 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. l On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and whatsoever atsoeStreet, er necessaaha, ry to construct3and properly finish all the work in connection with "Pacific Meadows Park Playground Renovation, 5 Howard 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: ,�y ��pp , 1 �j ,n 1 `� S BASE BtD:f 11 Yl -S i X`Mo us h,A. ONA0.+\u lna_v.a(�- t o--S i x �L 1Q ,t � � It s� � ,� �lP.DO � a.�iL n© CQ.Y1+s .Noe:.Refer to page 2 of 3 for Bid Bond,Completion Date&Performance Bond and page 3 of s3 tl�for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(If applicable). Refer any questions raga dine the Bid or Contract Documents directly to the Park Planning Division a 1,,402.44A-5900 or as noted In the 1 Contract Documents. I All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on the with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shalt be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEIDEB Listings should be directed to the Human Relations Department at 402.444-5055. I �� n r 1�P) .Q,(1. t MC. (Please Print Legibly or Type) Firm n.Gt�j1 r1u�Yn 11T y te)Incorporated in Name 6lr i1._Y 1 1 ' 1 , SYYi r '`,, SignatureI -}- Phon )4 s 3-t`Qr wt:��n FaxOloc2T)453 -a7S Title I(,�}�(, � ��1 Address • city state Zap t/P.O.Box E-Mail Address 74 II •• r • Bid Form(Rev.02-2010) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA PACIFIC MEADOWS PARK PLAYGROUND RENOVATION NOT AN ORDER Page 2 of 3 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 shaft consist of the advertisement,the requirements for bidding and Instruction to bidders,this proposal, the contract documents titled "Pacific Meadows Park Playground Renovation" 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 Ci of Oma in the sum of: -Ft ua V ,re ( n X'o i IN 1 t ($t'% n� r� .),which is at least five percent(5%)of the aggregate SmourttAf thoposal. 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. 1 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 1 July 2011. Ail 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. I SIGN ALL COPIES Firm Y)6M , 9- 0,0., ( .YI��• By - Title tr)v(i S i 1 braska and City sales tax exempt. l On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and whatsoever atsoeStreet, er necessaaha, ry to construct3and properly finish all the work in connection with "Pacific Meadows Park Playground Renovation, 5 Howard 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: ,�y ��pp , 1 �j ,n 1 `� S BASE BtD:f 11 Yl -S i X`Mo us h,A. ONA0.+\u lna_v.a(�- t o--S i x �L 1Q ,t � � It s� � ,� �lP.DO � a.�iL n© CQ.Y1+s .Noe:.Refer to page 2 of 3 for Bid Bond,Completion Date&Performance Bond and page 3 of s3 tl�for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(If applicable). Refer any questions raga dine the Bid or Contract Documents directly to the Park Planning Division a 1,,402.44A-5900 or as noted In the 1 Contract Documents. I All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on the with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shalt be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEIDEB Listings should be directed to the Human Relations Department at 402.444-5055. I �� n r 1�P) .Q,(1. t MC. (Please Print Legibly or Type) Firm n.Gt�j1 r1u�Yn 11T y te)Incorporated in Name 6lr i1._Y 1 1 ' 1 , SYYi r '`,, SignatureI -}- Phon )4 s 3-t`Qr wt:��n FaxOloc2T)453 -a7S Title I(,�}�(, � ��1 Address • city state Zap t/P.O.Box E-Mail Address 74 Bid Form(Rev.02.2010) I - DOUGLAS COUNTY . REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA PACIFIC MEADOWS PARK PLAYGROUND RENOVATION INOT AN ORDER Page 3 of 3 Pages I INSURANCE REQUIREMENTS: I Refer to Specification Section 00500, "General Conditions of the Contract for Construction", Part 2.15, "Contractor's Insurance" for insurance requirements. UNIT PRICES: IC.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard V.F. = Vertical Foot L.F. = Linear Foot EA. - Each IThe undersigned further proposes and agrees that if the amount of the work required be increased or decreased, by a request of the Owner,the following supplemental Unit Prices will be the basic price in place for computing extra cost or credit. Each Unit Price shall include all equipment, tools,labor,permits,fee,etc.incidental to the completion of the work involved based on the construction detail(s)on the Contract Drawings and all Imaterials listed in the noted Specification Section. Unit prices will be decreased ten percent(10%)if change requested is a reduction of work. UNIT PRICE DESCRIPTION I1. 5-1/2"Fiber-reinforced Concrete Walk Pavement-Section 02527 $ 3.00 /S.F. 2. Playground Monolithic Concrete Curbing-Section 02542 $ I .,j0 IL.F. 3. Concrete Playground Curbing-Section 02542 $ 15. 50 /L.F. I 4. 4"Thick Poured-In-Place Rubber Safety Surfacing with Concrete Base-Section 02795 $ at . 5O /S.F. 5. 2-1/2""Thick Poured-In-Place Rubber Safety Surfacing with Concrete Base-Section 02795 $ I C .60 /S.F. I6. Sand Play Surfacing(Sand Only)-Section 02791 $ 04 .QQ /C.Y. 7. 6'Long Surface Mounted Bench-Section 02568 $ U h.5, lEA. 8. Surface Mounted Picnic Table-Section 02568 $ IL 06.1100. I9. 4"PPT-Section 02720 $ I M.0 /L•P. 10. g'1i"Dia.ST Pipe-Section 02720 $ 12. 40/L.F. 12. Seeding(only)-Section 02936 $ ,0 /S.F. 1 13. Hydromutching(only)-Section 02936 $ ,0 L /S.F. I I ISIGN ALL COPIES Firms Sm I` h 1.�� ,[J�YII. I Title �t2 740,11 I hen 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. 1 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 1 July 2011. Ail 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. I SIGN ALL COPIES Firm Y)6M , 9- 0,0., ( .YI��• By - Title tr)v(i S i 1 braska and City sales tax exempt. l On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and whatsoever atsoeStreet, er necessaaha, ry to construct3and properly finish all the work in connection with "Pacific Meadows Park Playground Renovation, 5 Howard 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: ,�y ��pp , 1 �j ,n 1 `� S BASE BtD:f 11 Yl -S i X`Mo us h,A. ONA0.+\u lna_v.a(�- t o--S i x �L 1Q ,t � � It s� � ,� �lP.DO � a.�iL n© CQ.Y1+s .Noe:.Refer to page 2 of 3 for Bid Bond,Completion Date&Performance Bond and page 3 of s3 tl�for Insurance Requirements,Testing Allowance,Unit Prices& Alternates(If applicable). Refer any questions raga dine the Bid or Contract Documents directly to the Park Planning Division a 1,,402.44A-5900 or as noted In the 1 Contract Documents. I All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on the with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shalt be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEIDEB Listings should be directed to the Human Relations Department at 402.444-5055. I �� n r 1�P) .Q,(1. t MC. (Please Print Legibly or Type) Firm n.Gt�j1 r1u�Yn 11T y te)Incorporated in Name 6lr i1._Y 1 1 ' 1 , SYYi r '`,, SignatureI -}- Phon )4 s 3-t`Qr wt:��n FaxOloc2T)453 -a7S Title I(,�}�(, � ��1 Address • city state Zap t/P.O.Box E-Mail Address 74 • I . • SECTION 00205 SEC.10.192. • EQUAL EMPLOYMENT OPPORTUNITY CLAUSE IAll contracts hereafter entered into by the city shall incorporate an equal employment opportunity clause,which shall read as follows: During the performance of this contract,the contractor agrees as follows: I1. The contractor shall not discriminate against any employee or applicant for employment because of race,religion,color,sex,age, disability or national origin.The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,religion,color,sex or national origin.As used herein,the word"treated" t shall mean and include,without limitation,the following:recruited,whether by advertising or by other means;compensated; selected for training,including apprenticeship;promoted;upgraded;demoted;downgraded;transferred;laid off;and terminated. The contractor agrees to and shall post in conspicuous places,available to employees and applicants for employment,notices to 111 be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. • 2. The contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the contractor;state that all ' qualified applicants will receive consideration for employment without regard to race,religion,color,sex,or national origin.age, disability. I 3. The contractor shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers'representative of the contractors commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall furnish to the human rights and relations director all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations,including the information required by sections 10-192 to 10-194,inclusive,and shall permit reasonable access to his records.Records accessible to the human rights and relations director shall be those which are related to paragraphs(1)through(7)of this subsection and only after reasonable notice is given the contractor.The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5. The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs(1)through(7)herein,including penalties and sanctions for noncompliance;however,in the event the contractor becomes involved In or is threatened with litigation as the result of such directions by the city,the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate the provisions of this division;and,in the case of contracts receiving federal assistance,the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6. The contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the contractor In the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations.Such I compliance reports shall be filed with the human rights and relations director.Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. I7. The contractor shall include the provisions of paragraphs(1)through(7)of this section,"Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. . • Pacific Meadows Park Playground Renovation 29 December 2010 Equal Employment Opportunity Clause 00205-1 f A ng Allowance,Unit Prices& Alternates(If applicable). Refer any questions raga dine the Bid or Contract Documents directly to the Park Planning Division a 1,,402.44A-5900 or as noted In the 1 Contract Documents. I All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on the with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shalt be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEIDEB Listings should be directed to the Human Relations Department at 402.444-5055. I �� n r 1�P) .Q,(1. t MC. (Please Print Legibly or Type) Firm n.Gt�j1 r1u�Yn 11T y te)Incorporated in Name 6lr i1._Y 1 1 ' 1 , SYYi r '`,, SignatureI -}- Phon )4 s 3-t`Qr wt:��n FaxOloc2T)453 -a7S Title I(,�}�(, � ��1 Address • city state Zap t/P.O.Box E-Mail Address 74 � K> • �• • SECTION 00206 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 II 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 followingCERTIFIED p GROUP(S) I [XX] Tier I Emerging Small Business I [XX] Tier II Emerging Small Business [XX j Tier I Small Business I [XX j Tier II Small Business FIRM TO FULFILL [ ] this entire contract [XX j a portion of this contract as defined below-Furnish all labor,all materials and all else whatsoever necessary tp construct and properly finish: (a) The construction of all°Playground.Concrete Curbing"as per the project's plans and specifications,and (b) Fine grading,seeding and hydromulching of the disturbed areas of the project as per the project's plans and specifications. I *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 I 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 I FORM"and submit it with their bid to be considered. I I Pacific Meadows Park Playground December 2010Renovation Utilization of Small and Emerging Small Business 00206.1 I or shall be those which are related to paragraphs(1)through(7)of this subsection and only after reasonable notice is given the contractor.The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5. The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs(1)through(7)herein,including penalties and sanctions for noncompliance;however,in the event the contractor becomes involved In or is threatened with litigation as the result of such directions by the city,the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate the provisions of this division;and,in the case of contracts receiving federal assistance,the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6. The contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the contractor In the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations.Such I compliance reports shall be filed with the human rights and relations director.Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. I7. The contractor shall include the provisions of paragraphs(1)through(7)of this section,"Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. . • Pacific Meadows Park Playground Renovation 29 December 2010 Equal Employment Opportunity Clause 00205-1 f A ng Allowance,Unit Prices& Alternates(If applicable). Refer any questions raga dine the Bid or Contract Documents directly to the Park Planning Division a 1,,402.44A-5900 or as noted In the 1 Contract Documents. I All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on the with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shalt be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEIDEB Listings should be directed to the Human Relations Department at 402.444-5055. I �� n r 1�P) .Q,(1. t MC. (Please Print Legibly or Type) Firm n.Gt�j1 r1u�Yn 11T y te)Incorporated in Name 6lr i1._Y 1 1 ' 1 , SYYi r '`,, SignatureI -}- Phon )4 s 3-t`Qr wt:��n FaxOloc2T)453 -a7S Title I(,�}�(, � ��1 Address • city state Zap t/P.O.Box E-Mail Address 74 • • EXHIBIT"A" SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM • (THIS FORM MUST BE SUBMITTED WITH THE BID) In the Performance of this conjractjhe contractor proposes and agrees to make good faith efforts to contract with elhibis City of Omaha cprNiad smallIadlor emeruin mai siness_es. Should the belaviisted small or ememinc small business subcontractor be determined to be unable to perform successfuliyovs nod performing_sagsfactorilyJhe contractor shajikbtaio prior approval from the Public Works DepartmentDirector ore dasktnee,for substitution of the below listed subcontractor with a City of Omaha certified small or ememine small business. By submitting this form,the bidder Is oertifvjno that It has afforded subcontractors participating In the program the oodortunity to submit bids on this oro,ect. 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 S un1'irnitOd, PI) ,rou,'ncL �• j — —1 OtTter(3r1 , rlG. °4 yrns ti" b''n '7- ! -i l SaOO.00 r040030 Dmtzhcb., e (vB ION 6reut44- • • • • • • Totals 5c"00•00 D&0 3lv 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,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 0maha's Contract . Compliance Ordinannccee or otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. //'' Signature y -�c�... Telephone Number()-I, ) 1-lrj;3-6 Title Plen,c-,;dp yrt Date of Signing i-r,- I I Firm or Corporate Name L ltt riSm/- &'Co• ZC- Address 3 731 Ito- S`t, vItVl e, /n1. 08►1n2 Lig Pacific Meadows Park Playground Renovation 29 December 2010 Utilization of Small and Emerging Small Business 00206.2 at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. I7. The contractor shall include the provisions of paragraphs(1)through(7)of this section,"Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. . • Pacific Meadows Park Playground Renovation 29 December 2010 Equal Employment Opportunity Clause 00205-1 f A ng Allowance,Unit Prices& Alternates(If applicable). Refer any questions raga dine the Bid or Contract Documents directly to the Park Planning Division a 1,,402.44A-5900 or as noted In the 1 Contract Documents. I All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on the with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shalt be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEIDEB Listings should be directed to the Human Relations Department at 402.444-5055. I �� n r 1�P) .Q,(1. t MC. (Please Print Legibly or Type) Firm n.Gt�j1 r1u�Yn 11T y te)Incorporated in Name 6lr i1._Y 1 1 ' 1 , SYYi r '`,, SignatureI -}- Phon )4 s 3-t`Qr wt:��n FaxOloc2T)453 -a7S Title I(,�}�(, � ��1 Address • city state Zap t/P.O.Box E-Mail Address 74 18 January 2011 NOTICE TO BIDDERS: REQUEST FOR BID ON PACIFIC MEADOWS PARK PLAYGROUND RENOVATION Pacific Meadows Park, 15985 Howard.Street, Omaha, Nebraska Closing Date: 26 January 2011, 11:00 A.M. ADDENDUM NO.2: Modifications to the original specifications and drawings,dated 29 December 2010 as per the attached three (3)pages. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. • l'f O Patrick . Burke Asst. Douglas County Purchasing Agent k)alv nRrn . c 140,. Name Firm Signed By PraS �}.- idD. Title chuman Sig By Vice President Title Vice President Title o N c J O CO t a. c H CI ti 0 C- • • DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARN.. M STREET 902 CIVIC CENTER O MAHA\EBR 63183 , PHONE(402)444=7155 FAX(402)444-5423 13 January 2011 NOTICE TO BIDDERS: REQUEST FOR BID ON PACIFIC MEADOWS PARK PLAYGROUND RENOVATION Pacific Meadows Park, 15985 Howard Street, Omaha, Nebraska Closing Date: 26 January 2011, 11:00 A.M. ADDENDUM NO. 1: Modifications to the original specifications and drawings,dated 29 December 2010 as per the attached fifteen(15)pages. ACKNO► EDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADD DU CO R SHEET WITH YOUR BID. 3/1— / 4 A trick M. Burke A.st. Douglas County Purchasing Agent /Qat» reh g}e, / . Name of Fib Signed By 4 Ara 5 id arrL Title nd Agreed price Percentage(%) emerging small be performed completion with SBIESB business date of work S un1'irnitOd, PI) ,rou,'ncL �• j — —1 OtTter(3r1 , rlG. °4 yrns ti" b''n '7- ! -i l SaOO.00 r040030 Dmtzhcb., e (vB ION 6reut44- • • • • • • Totals 5c"00•00 D&0 3lv 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,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 0maha's Contract . Compliance Ordinannccee or otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. //'' Signature y -�c�... Telephone Number()-I, ) 1-lrj;3-6 Title Plen,c-,;dp yrt Date of Signing i-r,- I I Firm or Corporate Name L ltt riSm/- &'Co• ZC- Address 3 731 Ito- S`t, vItVl e, /n1. 08►1n2 Lig Pacific Meadows Park Playground Renovation 29 December 2010 Utilization of Small and Emerging Small Business 00206.2 at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. I7. The contractor shall include the provisions of paragraphs(1)through(7)of this section,"Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. . • Pacific Meadows Park Playground Renovation 29 December 2010 Equal Employment Opportunity Clause 00205-1 f A ng Allowance,Unit Prices& Alternates(If applicable). Refer any questions raga dine the Bid or Contract Documents directly to the Park Planning Division a 1,,402.44A-5900 or as noted In the 1 Contract Documents. I All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on the with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shalt be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEIDEB Listings should be directed to the Human Relations Department at 402.444-5055. I �� n r 1�P) .Q,(1. t MC. (Please Print Legibly or Type) Firm n.Gt�j1 r1u�Yn 11T y te)Incorporated in Name 6lr i1._Y 1 1 ' 1 , SYYi r '`,, SignatureI -}- Phon )4 s 3-t`Qr wt:��n FaxOloc2T)453 -a7S Title I(,�}�(, � ��1 Address • city state Zap t/P.O.Box E-Mail Address 74 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on January 26, 2011, to furnish all labor, materials and equipment necessary to complete the renovation of the existing playground and related site improvements at Pacific Meadows Park, 15985 Howard Street; Omaha, Nebraska to include but not be limited to the removal of existing play equipment, purchase and installation of new play equipment, storm drainage, ,grading, seeding, purchase and installation of new benches and picnic tables for the Parks, Recreation and Public Property Department; and, WHEREAS, LawnSmith & Co., Inc., submitted the lowest and best bid, within bid specifications, attached hereto and made a part hereof, in the total amount of $86,156.00; and, WHEREAS, LawnSmith& Co., 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 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 $86,156.00 from Lawnsmith & Co., Inc., to furnish all labor, materials and equipment necessary to complete the renovation of the existing playground along with related site improvements at Pacific Meadows Park, 15985 Howard Street, Omaha, NE, for the Parks, Recreation and Public Property Department is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2006 Parks and Recreation Bond Fund No. 13354 and Organization No. 117315, Recreation and Culture Bond, and Activity/Project No. 2530, Park Roads, Parking Lots &Trails. APPROVED AS TO FORM: \ ( -g a Y /( p:1382tmb DEPU CITY ATTORNEY DATE B Y Councilmember Adopted ~MAR -- 1 2011 7`a -- C City rk //if Approved..... :: Mayor 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,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 0maha's Contract . Compliance Ordinannccee or otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. //'' Signature y -�c�... Telephone Number()-I, ) 1-lrj;3-6 Title Plen,c-,;dp yrt Date of Signing i-r,- I I Firm or Corporate Name L ltt riSm/- &'Co• ZC- Address 3 731 Ito- S`t, vItVl e, /n1. 08►1n2 Lig Pacific Meadows Park Playground Renovation 29 December 2010 Utilization of Small and Emerging Small Business 00206.2 at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. I7. The contractor shall include the provisions of paragraphs(1)through(7)of this section,"Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. . • Pacific Meadows Park Playground Renovation 29 December 2010 Equal Employment Opportunity Clause 00205-1 f A ng Allowance,Unit Prices& Alternates(If applicable). Refer any questions raga dine the Bid or Contract Documents directly to the Park Planning Division a 1,,402.44A-5900 or as noted In the 1 Contract Documents. I All bidders awarded a contract In the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on the with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shalt be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBEIDEB Listings should be directed to the Human Relations Department at 402.444-5055. I �� n r 1�P) .Q,(1. t MC. (Please Print Legibly or Type) Firm n.Gt�j1 r1u�Yn 11T y te)Incorporated in Name 6lr i1._Y 1 1 ' 1 , SYYi r '`,, SignatureI -}- Phon )4 s 3-t`Qr wt:��n FaxOloc2T)453 -a7S Title I(,�}�(, � ��1 Address • city state Zap t/P.O.Box E-Mail Address 74 7 cm o > dZv.0 iz - o a 7y00 Ui 'CD ; ii' jU I lr� a tcr wo n . • o�, '_ oo �+ _ a co --a O w a. n7 ° n eD ` , •CD 0 a n I. —9 F it•5 : ; 6' r kn. t'l• g. t-4 i' 1.* N \\\ n w 0 (no ( `ti O CD 0 Cr o � 0" o ,�' Ro f 4 UM COVER SHEET WITH YOUR BID. • l'f O Patrick . Burke Asst. Douglas County Purchasing Agent k)alv nRrn . c 140,. Name Firm Signed By PraS �}.- idD. Title chuman Sig By Vice President Title Vice President Title o N c J O CO t a. c H CI ti 0 C-