RES 2009-0023 - PO to Omaha Truck Center for chassis & cabs 1
r optA1!A•Ne
.'7'��sfiRECEIVEDPublic—Works Department
tjOmaha/Douglas Civic Center
c:® t�" % � January 13, 2009 � .� --' 1819 Farnam Street,Suite 601
lti�ry Omaha,Nebraska 68183-0601
oR'rFn reaR`'r� CITY (402)444-5220
} �'• Fax(402)444-5248
City of Omaha
OMAHA, 1 E FI R 4 S i1 I+ Robert G.Stubbe,P.E.
Mike Fahey,Mayor Public Works 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 Omaha Truck Center on the bid for the purchase of two 14,000 GVW
Dual Rear Wheel Chassis & Cabs to be utilized by the Sewer Maintenance Division.
The following bids were received on November 19, 2008.
Contractor Total Bid
Sid Dillon—Option 1 $47,994.00 (Non-compliant Bid)
OMAHA TRUCK CENTER $55,990.00 (RECOMMENDED BID)
Sid Dillon—Option 2 $55,994.00
The Fleet Management Division recommends the award to Omaha Truck Center based on the
fact that the apparent low bid submitted by Sid Dillon failed to meet bid specifications per the
attached inter-office communication. A copy of the bid documents is on file and available for
inspection and review in the City Clerk's office.
The Contractor has on file a current Contract Compliance Report Form (CC-1). As is City
policy, the Human Rights and Relations Director will review the contractor to ensure compliance
with the Contract Compliance Ordinance.
The Finance Department is authorized to pay the cost of the purchase of two 14,000 GVW Dual
Rear Wheel Chassis & Cabs from the Sewer Revenue Fund 21121, Sewer Maintenance
Organization 116511, one from year 2008 expenditures in the amount of $27,995.00 and one
from year 2009 expenditures in the amount of$27,995.00.
Respectfully submitted, Referred to City Council for Consideration:
6.--- ' Date M or's O ice Date
blic Works Director
Approved as to Funding: Approved:
, /#S ake
11
Carol A. Ebdon Date :1 Date
Finance Director P\v'' Human Rights and Relations Department
1281scn
Public Works Director
Approved as to Funding: Approved:
9/
1�a a l zs$' C)g?
Carol A. Ebdon oq, Date /p(J Date
Finance Director P Human Rights and Relations Department
1283scp
n are met, the City of Omaha will
and/or conduct specific reviews of the Contractor's
(3) Cancellation, termination or suspension PBE/DBE involvement efforts during
of the Contract, in whole or in part; or contract performance. The Contractor shall
(4) Any other penalty set forth in the City of bring to the attention of the Human
Omaha's Contract Compliance Relations Director any situation in which
Ordinance. regularly scheduled progress payments are
not made to PBE/DBE subcontractors.
7. For the information of Bidders, Contract
Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it
Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations
making determinations as to the legitimacy of Department prior to bid opening regarding this
PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating
awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit
bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Depai tiiient in any reviews of
the Bidder/Contractor's procedures and practices
successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for
Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in
Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth
City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a
be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount
with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said
specifications. By submitting his/her bid, each contract is anticipated to be over $200,000).
e CONSULTANT receives for the task of construction staking are not commensurate with the
potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed
by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total
liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater.
Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence
of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such
materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance
under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees,
notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the
CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all
claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any
way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous
or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of
contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole
negligence or willful misconduct of the CONSULTANT.
Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation.
hgm Rev 070410
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
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opy of the bid documents is on file and available for
inspection and review in the City Clerk's office.
The Contractor has on file a current Contract Compliance Report Form (CC-1). As is City
policy, the Human Rights and Relations Director will review the contractor to ensure compliance
with the Contract Compliance Ordinance.
The Finance Department is authorized to pay the cost of the purchase of two 14,000 GVW Dual
Rear Wheel Chassis & Cabs from the Sewer Revenue Fund 21121, Sewer Maintenance
Organization 116511, one from year 2008 expenditures in the amount of $27,995.00 and one
from year 2009 expenditures in the amount of$27,995.00.
Respectfully submitted, Referred to City Council for Consideration:
6.--- ' Date M or's O ice Date
blic Works Director
Approved as to Funding: Approved:
, /#S ake
11
Carol A. Ebdon Date :1 Date
Finance Director P\v'' Human Rights and Relations Department
1281scn
Public Works Director
Approved as to Funding: Approved:
9/
1�a a l zs$' C)g?
Carol A. Ebdon oq, Date /p(J Date
Finance Director P Human Rights and Relations Department
1283scp
n are met, the City of Omaha will
and/or conduct specific reviews of the Contractor's
(3) Cancellation, termination or suspension PBE/DBE involvement efforts during
of the Contract, in whole or in part; or contract performance. The Contractor shall
(4) Any other penalty set forth in the City of bring to the attention of the Human
Omaha's Contract Compliance Relations Director any situation in which
Ordinance. regularly scheduled progress payments are
not made to PBE/DBE subcontractors.
7. For the information of Bidders, Contract
Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it
Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations
making determinations as to the legitimacy of Department prior to bid opening regarding this
PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating
awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit
bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Depai tiiient in any reviews of
the Bidder/Contractor's procedures and practices
successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for
Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in
Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth
City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a
be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount
with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said
specifications. By submitting his/her bid, each contract is anticipated to be over $200,000).
e CONSULTANT receives for the task of construction staking are not commensurate with the
potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed
by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total
liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater.
Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence
of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such
materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance
under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees,
notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the
CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all
claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any
way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous
or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of
contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole
negligence or willful misconduct of the CONSULTANT.
Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation.
hgm Rev 070410
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
INTER-OFFICE COMMUNICATION
December 5, 2008
TO: Pat Burke, City/County Purchasing Agent
FROM: Craig Christians, Sewer Maintenance Manager
RE: Rejection of low bidder: 14,000 GVW Commercial Cutaway Dual Wheel
Cab and Chassis
The City received two bids for the above-referenced vehicle unit. Sid Dillon
submitted two pricing options. Option 1 was the apparent low bidder at $23,997.
However, Option 1 required that the front coil and rear leaf springs be changed
to meet the vehicle GVW rating specification. It was the opinion of the Fleet
Management Division and the vendor who would be providing equipment to be
mounted on the chassis that this was unacceptable as an option.
Therefore, the recommendation from this Division is that the bid to be awarded
to the second low bid from the Omaha Truck Center in the amount of$27,995.
•
z / <
, C
deiter°--
Mayor
4Q. " 44,
c~i �r, Public Works Department
V11 t s.�1� Omaha/.Douglas Civic Center
pSr 4A, fp m 1819 Farnam Street,Suite 601
Omaha,Nebraska 68183-0601
ot+rFo ree0.,;�� (402)444-5220
•
Fax(402)444-5248
City of Omaha Robert G. Stubbe,P.E.
Mike Fahey,Mayor Public Works Director
December 10, 2008 •
•
•
Mr. Chuck Ames, Fleet Director
Sid Dillon Wahoo Inc. •
257 West"A" Street
Wahoo, NE 68066
RE: City of Omaha Request for Bid on 14,000 GVW Dual Rear Wheel Cab & Chassis ,
published October 29, 2008.
Dear Mr. Ames: •
Section 10-110 of the Omaha Municipal Code allows a department director to reject any
bidders bid because the bids received were non-compliant to specifications. This letter is
to serve as written notice that your bid submitted as "Option 1" for the above is being
rejected because the bid does not meet the required specifications.
Page 1 of the request for bid states the "Minimum acceptable rating of 14,000 GVW".
The bid you submitted stated the "Front coil and rear leaf springs will be changed to
boost the GVW". This is not acceptable to the City or the up-fitter of the final product.
Recommendation is being forwarded to the City Council to recommend the award to
another bidder.
Within 10 days after a bid is rejected, any rejected bidder may appeal to the City Council
by filing with the City Clerk a written objection stating all reasons.
Sincerely,
o e�rt G Sttubbe, E.
Director •
C: Pat Burke, Purchasing Agent
Buster Brown; City Clerk
Member of the City Council
Marc McCoy, Fleet Management
21121, Sewer Maintenance
Organization 116511, one from year 2008 expenditures in the amount of $27,995.00 and one
from year 2009 expenditures in the amount of$27,995.00.
Respectfully submitted, Referred to City Council for Consideration:
6.--- ' Date M or's O ice Date
blic Works Director
Approved as to Funding: Approved:
, /#S ake
11
Carol A. Ebdon Date :1 Date
Finance Director P\v'' Human Rights and Relations Department
1281scn
Public Works Director
Approved as to Funding: Approved:
9/
1�a a l zs$' C)g?
Carol A. Ebdon oq, Date /p(J Date
Finance Director P Human Rights and Relations Department
1283scp
n are met, the City of Omaha will
and/or conduct specific reviews of the Contractor's
(3) Cancellation, termination or suspension PBE/DBE involvement efforts during
of the Contract, in whole or in part; or contract performance. The Contractor shall
(4) Any other penalty set forth in the City of bring to the attention of the Human
Omaha's Contract Compliance Relations Director any situation in which
Ordinance. regularly scheduled progress payments are
not made to PBE/DBE subcontractors.
7. For the information of Bidders, Contract
Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it
Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations
making determinations as to the legitimacy of Department prior to bid opening regarding this
PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating
awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit
bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Depai tiiient in any reviews of
the Bidder/Contractor's procedures and practices
successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for
Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in
Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth
City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a
be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount
with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said
specifications. By submitting his/her bid, each contract is anticipated to be over $200,000).
e CONSULTANT receives for the task of construction staking are not commensurate with the
potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed
by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total
liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater.
Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence
of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such
materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance
under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees,
notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the
CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all
claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any
way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous
or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of
contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole
negligence or willful misconduct of the CONSULTANT.
Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation.
hgm Rev 070410
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
F 0M AH A,N's,
o,it
:� yt; RECEIVED Public Works Department
® iir +oVi
, n Omaha/Douglas Civic Center
DEC !1M Q: I C 1819 Farnam Street,Suite 601
o �`' `"` 0815 H 7 J Omaha,Nebraska 68183-0001
o4'47.kb seaah4 (402)444-5220
CITY CLERK Fax(402)444-5248
City of Omaha Robert G. Stubbe,P.E.
Mike Fahey,Mayor O M A H A. N E B R A S K Public Works Director
December 10, 2008
Mr. Chuck Ames, Fleet Director
Sid Dillon Wahoo Inc.
257 West"A" Street
Wahoo, NE 68066
•
RE: City of Omaha Request for Bid on 14,000 GVW Dual Rear Wheel Cab & Chassis
published October 29, 2008.
Dear Mr. Ames:
Section 10-110 of the Omaha Municipal Code allows a department director to reject any
bidders bid because the bids received were non-compliant to specifications. This letter is
to serve as written notice that your bid submitted as "Option 1" for the above is being
rejected because the bid does not meet the required specifications.
Page 1 of the request for bid states the "Minimum acceptable rating of 14,000 GVW".
The bid you submitted stated the "Front coil and rear leaf springs will be changed to
boost the GVW". This is not acceptable to the City or the up-fitter of the final product.
Recommendation is being forwarded to the City Council to recommend the award to
another bidder.
Within 10 days after a bid is rejected, any rejected bidder may appeal to the City Council
by filing with the City Clerk a written objection stating all reasons.
Sincerely,
6 d,:eA,j/
z? •
o ert G. Stubbe, .E.
Director
C: Pat Burke, Purchasing Agent
Buster Brown, City Clerk V
Member of the City Council
Marc McCoy, Fleet Management
ear 2008 expenditures in the amount of $27,995.00 and one
from year 2009 expenditures in the amount of$27,995.00.
Respectfully submitted, Referred to City Council for Consideration:
6.--- ' Date M or's O ice Date
blic Works Director
Approved as to Funding: Approved:
, /#S ake
11
Carol A. Ebdon Date :1 Date
Finance Director P\v'' Human Rights and Relations Department
1281scn
Public Works Director
Approved as to Funding: Approved:
9/
1�a a l zs$' C)g?
Carol A. Ebdon oq, Date /p(J Date
Finance Director P Human Rights and Relations Department
1283scp
n are met, the City of Omaha will
and/or conduct specific reviews of the Contractor's
(3) Cancellation, termination or suspension PBE/DBE involvement efforts during
of the Contract, in whole or in part; or contract performance. The Contractor shall
(4) Any other penalty set forth in the City of bring to the attention of the Human
Omaha's Contract Compliance Relations Director any situation in which
Ordinance. regularly scheduled progress payments are
not made to PBE/DBE subcontractors.
7. For the information of Bidders, Contract
Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it
Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations
making determinations as to the legitimacy of Department prior to bid opening regarding this
PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating
awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit
bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Depai tiiient in any reviews of
the Bidder/Contractor's procedures and practices
successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for
Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in
Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth
City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a
be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount
with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said
specifications. By submitting his/her bid, each contract is anticipated to be over $200,000).
e CONSULTANT receives for the task of construction staking are not commensurate with the
potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed
by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total
liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater.
Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence
of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such
materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance
under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees,
notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the
CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all
claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any
way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous
or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of
contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole
negligence or willful misconduct of the CONSULTANT.
Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation.
hgm Rev 070410
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
C-25A CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha,Nebraska
•
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: --
WHEREAS, bids were received on November 19, 2008 for the purchase of two 14,000
GVW Dual Rear Wheel Chassis &Cabs to be utilized by the Sewer Maintenance Division; and,
WHEREAS, Omaha Truck Center submitted a bid of$55,990.00; being the lowest and '
best bid received within the bid specifications, for the purchase of two 14,000 GVW Dual Rear
Wheel Chassis & Cabs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Purchasing Agent be authorized to issue a
Purchase Order to Omaha Truck Center for the purchase of two 14,000 GVW Dual Rear Wheel
Chassis & Cabs to be utilized by the Sewer Maintenance Division in the amount of$55,990.00;
and that the Finance Department is authorized to pay this cost from, the Sewer Revenue Fund
21121, Sewer Maintenance Organization 116511, one from year 2008 expenditures in the
amount of$27,995.00 and one from year 2009 expenditures in the amount of$27,995.00.
1282scp APPROVED AS TO FORM:
CITY ATTORNEY DATE
BykA64,1411-94-4-14/44
Councilmember
Adopted JA ...1:..3..2009...:.... -D
City Cl�ly�3��,
Approved •
- it l
Mayor
ndation is being forwarded to the City Council to recommend the award to
another bidder.
Within 10 days after a bid is rejected, any rejected bidder may appeal to the City Council
by filing with the City Clerk a written objection stating all reasons.
Sincerely,
6 d,:eA,j/
z? •
o ert G. Stubbe, .E.
Director
C: Pat Burke, Purchasing Agent
Buster Brown, City Clerk V
Member of the City Council
Marc McCoy, Fleet Management
ear 2008 expenditures in the amount of $27,995.00 and one
from year 2009 expenditures in the amount of$27,995.00.
Respectfully submitted, Referred to City Council for Consideration:
6.--- ' Date M or's O ice Date
blic Works Director
Approved as to Funding: Approved:
, /#S ake
11
Carol A. Ebdon Date :1 Date
Finance Director P\v'' Human Rights and Relations Department
1281scn
Public Works Director
Approved as to Funding: Approved:
9/
1�a a l zs$' C)g?
Carol A. Ebdon oq, Date /p(J Date
Finance Director P Human Rights and Relations Department
1283scp
n are met, the City of Omaha will
and/or conduct specific reviews of the Contractor's
(3) Cancellation, termination or suspension PBE/DBE involvement efforts during
of the Contract, in whole or in part; or contract performance. The Contractor shall
(4) Any other penalty set forth in the City of bring to the attention of the Human
Omaha's Contract Compliance Relations Director any situation in which
Ordinance. regularly scheduled progress payments are
not made to PBE/DBE subcontractors.
7. For the information of Bidders, Contract
Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it
Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations
making determinations as to the legitimacy of Department prior to bid opening regarding this
PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating
awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit
bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Depai tiiient in any reviews of
the Bidder/Contractor's procedures and practices
successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for
Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in
Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth
City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a
be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount
with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said
specifications. By submitting his/her bid, each contract is anticipated to be over $200,000).
e CONSULTANT receives for the task of construction staking are not commensurate with the
potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed
by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total
liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater.
Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence
of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such
materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance
under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees,
notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the
CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all
claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any
way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous
or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of
contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole
negligence or willful misconduct of the CONSULTANT.
Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation.
hgm Rev 070410
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS
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21121, Sewer Maintenance Organization 116511, one from year 2008 expenditures in the
amount of$27,995.00 and one from year 2009 expenditures in the amount of$27,995.00.
1282scp APPROVED AS TO FORM:
CITY ATTORNEY DATE
BykA64,1411-94-4-14/44
Councilmember
Adopted JA ...1:..3..2009...:.... -D
City Cl�ly�3��,
Approved •
- it l
Mayor
ndation is being forwarded to the City Council to recommend the award to
another bidder.
Within 10 days after a bid is rejected, any rejected bidder may appeal to the City Council
by filing with the City Clerk a written objection stating all reasons.
Sincerely,
6 d,:eA,j/
z? •
o ert G. Stubbe, .E.
Director
C: Pat Burke, Purchasing Agent
Buster Brown, City Clerk V
Member of the City Council
Marc McCoy, Fleet Management
ear 2008 expenditures in the amount of $27,995.00 and one
from year 2009 expenditures in the amount of$27,995.00.
Respectfully submitted, Referred to City Council for Consideration:
6.--- ' Date M or's O ice Date
blic Works Director
Approved as to Funding: Approved:
, /#S ake
11
Carol A. Ebdon Date :1 Date
Finance Director P\v'' Human Rights and Relations Department
1281scn
Public Works Director
Approved as to Funding: Approved:
9/
1�a a l zs$' C)g?
Carol A. Ebdon oq, Date /p(J Date
Finance Director P Human Rights and Relations Department
1283scp
n are met, the City of Omaha will
and/or conduct specific reviews of the Contractor's
(3) Cancellation, termination or suspension PBE/DBE involvement efforts during
of the Contract, in whole or in part; or contract performance. The Contractor shall
(4) Any other penalty set forth in the City of bring to the attention of the Human
Omaha's Contract Compliance Relations Director any situation in which
Ordinance. regularly scheduled progress payments are
not made to PBE/DBE subcontractors.
7. For the information of Bidders, Contract
Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it
Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations
making determinations as to the legitimacy of Department prior to bid opening regarding this
PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating
awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit
bids on this project. Failure to comply with the
above shall result in the bid being rejected by the
8. The Bidder/Contractor shall cooperate with the City of Omaha.
Human Relations Depai tiiient in any reviews of
the Bidder/Contractor's procedures and practices
successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for
Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in
Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth
City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a
be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount
with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said
specifications. By submitting his/her bid, each contract is anticipated to be over $200,000).
e CONSULTANT receives for the task of construction staking are not commensurate with the
potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed
by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total
liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater.
Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence
of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such
materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance
under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees,
notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the
CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all
claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any
way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous
or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of
contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole
negligence or willful misconduct of the CONSULTANT.
Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation.
hgm Rev 070410
A TRADITION OF EXCELLENCE
A COMMITMENT TO CREATIVE SOLUTIONS