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RES 2008-0670 - PO to Midwest Service & Sales for U posts F��MANA•NFB t ' i � ��,� ry Public Works Department � �y,4r�r 'y,,� - � `�i�t�fJ�k�n ,- .. `. � Omaha/Douglas Civic Center �®je f l,,(',� r. May 13, 2008' .. . , . , _ 1819 Farnam Street,Suite 601 •o'Ey° ''�' ' Omaha,Nebraska 68183-0601 Ac: ��t�ry (402)444-5220 D FEB , j Y :LP' ', Fax(402)444-5248 City of Omaha ' '4 A. -i , I4 , f l 4. 'r 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 Midwest Service and Sales on the bid for the purchase of galvanized U posts to be utilized by the Traffic Maintenance Division. The following bids were received on March 19, 2008. Contractor Total Bid MIDWEST SERVICE & SALES $102,248.00 (LOW BID) Midwest Service & Sales $104,105.00 (Alternate_Bid) Comade, Inc. $113,503.00 1 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 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 aluminum sign blanks from the Street and Highway Allocation Fund 12131, Traffic Control Signs Organization 116188, year 2005 expenditures_. The Public Works acceptance Department recommends the of the bid from Midwest Service & P Sales in the amount of $102,248.00, being the lowest and best bid received within the bid specifications, and requests your consideration and approval of this Resolution. Respectf lly submitted Referred to City Council for Consideration: ) Y.z-- s -/.- oy obert G. Stubbe, .E. Date Mayor's Office Date Public Works Director Approved as to Funding: Id roved: t LA.A Q- 4 14 g�t 6, Carol A. Ebdon , l 1 Date Gail Kinsey Tho' pson Date Finance Director�I/ f 1 Human Rights and Relations Director 1105scp F- w , H w zE I CI_ W i F= U o a -AS ..:-. wL' � c � t p 2 E -.,. _,,,,, ---, ct :17.,- Ill w �F= U ,so-o a • 4., I (VZ � �" N V...IN -0-4N ,, \S— • t- rfc:-_-).1 � w c . Z iv. t V ‹, - * a Da - LI '' 'CD'a. n . (\, , .... ici ..... .„3:, low. _' L L L .0 L 4. ,_ _ .111110%' CO CO CO CO CO c73 aa)i 0 0 0 0 0 C.) W t' ° CO m CO m m ~O c ccu C (' , o w N z o = Q - O Z0 H Q s c - o �- N N L Co= v. 0 w cc a 0 _ 0 d. V C ' vs am' d f!) a a) Q = Z D w w ai = 0 p w V 0 L E 0 c) a) N C C m. ; Co Co S al 14- R co W .Ni a_ ) Z V > (0 OO •C (3 = O EN'0 cm Q in ZO ,-- G Hc co o Q � CO CO al On of a1i 0 y al 0 0)) E C u)I CO -5 m CO w p 0 o 0 0 a ` `G gns Organization 116188, year 2005 expenditures_. The Public Works acceptance Department recommends the of the bid from Midwest Service & P Sales in the amount of $102,248.00, being the lowest and best bid received within the bid specifications, and requests your consideration and approval of this Resolution. Respectf lly submitted Referred to City Council for Consideration: ) Y.z-- s -/.- oy obert G. Stubbe, .E. Date Mayor's Office Date Public Works Director Approved as to Funding: Id roved: t LA.A Q- 4 14 g�t 6, Carol A. Ebdon , l 1 Date Gail Kinsey Tho' pson Date Finance Director�I/ f 1 Human Rights and Relations Director 1105scp J.R. • DOUGLAS COUNTY REQUEST FOR BID & BID SHEET • ON: CITY OF OMAHA GALVANIZED U POSTS FROM: P.M.Burke,Assistant Purchasing Agent Published: March 5,2008 902 Omaha-Douglas Civic Center 1819 Famam Street NOT AN ORDER Page I Omaha,Nebraska 6 8 1 83-0902 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO TIIE "CITY OF OMAHA". Bid Closing Time&Date: 1 1:00 A.M.March 19,2008 IMPORTANT 1. Bid must be in the office of the CITY CLERK,LC-1,OMAHA 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. DOUGLAS CIVIC CENTER,1819 Farnam Street,Omaha,NE 68183- 0011 by the closing date and time indicated in a sealed envelop marked BID ON:CITY OF OMAHA GALVANIZED U POSTS 2. As evidence of good faith a bid bond or certified check must be submitted 6. When submitting bid on items listed,bidder may on a separate sheet,make with bid. Bid bond or certified check shall be made payable to the"City of suggestions covering reduction in costs wherever this is possible through redesign, Omaha". FAILURE TO DO SO IS CAUSE FOR REJECTION. change of material or utilization of standard items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and the 7. If you do not bid,return this sheet with reason for declining. Fail ure to do so will bidders shall have the right to appeal any decision to the City Council. indicate your desire to be removed from our mailing list. TABULATION SHEETS Right is also reserved to accept or reject any part of your bid unless FOR THE BIDS SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY otherwise indicated by you. WEBSITE AT www.douglascountvourchasing.org. DO NOT CALL FOR THIS INFORMATION. 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 item(s)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION It is the intent of the City of Omaha to enter into a price agreement Estimated through December 31,2008. (+/-) , C�p QN 3,000 Each 5'Galvanized U Posts,punched full length,2.5# BID/Each $ / ' $ 3i 6,26 600 Each 6'Galvanized U Posts,punched full length,2.5# BID/Each $ /2 t6$ $ 7608 o 700 Each 10'Galvanized U Posts,punched full length,2.5# BID/Each $ c2/-/0 $ /7/ 770 © 3,000 Each 9'Galvanized U Posts, punched full length,2.5# BID/Each $ /v-7? $ v to 970 � vo 100 Each 12'Galvanized U Posts,punched full tenth,2.5# BID/Each $ �.�- $ i oc� TOTAL ALL OR NONE BID $ %/Z,47,0 Questions regarding this bid should be directed to Mark Biodrowski at (402)444-4106/3363. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at www.ci.omaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". 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 Rights and Relations Department the Contract Compliance Report(Form CC-I). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. 1r� (PLEASE PRINT LEGIBLY OR TYPE) _ Payment Terms: % . ' Firm ;M61.D 17vG Incorporated In: GD1 Deliv orcom completion) Name Signature „ �JY( P ) �L ��i�R g -r• Calendar days following award Title Phone Fax 77 c ali�i�i�ai�s�j � Pf�9— y��/—o/bo y Ste/_-DlA Address /��X7 tST y /—•P9R C.IfILL 9.26/V --_ Street/PO Box City State Zip E-Mail Address QOP1e1 tQ COs.44 7V . Co 1 EXHIBIT "A" PROTECTED AND/OR DISADVANTAGED 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 PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Rights and Relations Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the program the opportunity to submit bids on this project. Type of work and Projected contract item or commencement Name of PBE parts thereof to be and completion *Agreed price with and/or DBE Address performed date of work PBE/DBEs Percentage(%) • Totals 'Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Speci fications, including the accompanying Exhibits,regarding PBE/DBE,and the other teens 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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s) set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department,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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersi ed tor will be subject to the terms of any future Contract Awards. Signature \ Title /„o,fQ C Z OAJ/O4J /U/�i /� Date of Signing 7/fr-�g Firm or Corporate Name C_�/YI.57-D_C--- tt Address /T1/ girtaTelephone Number SKY —2/6a v�•i.�j c.9. 5 . y S",click on"PBE/DBE CERTIFIED DIRECTORY". 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 Rights and Relations Department the Contract Compliance Report(Form CC-I). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. 1r� (PLEASE PRINT LEGIBLY OR TYPE) _ Payment Terms: % . ' Firm ;M61.D 17vG Incorporated In: GD1 Deliv orcom completion) Name Signature „ �JY( P ) �L ��i�R g -r• Calendar days following award Title Phone Fax 77 c ali�i�i�ai�s�j � Pf�9— y��/—o/bo y Ste/_-DlA Address /��X7 tST y /—•P9R C.IfILL 9.26/V --_ Street/PO Box City State Zip E-Mail Address QOP1e1 tQ COs.44 7V . Co 1 EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA BIDDERS ARE REQUIRED TO SUBNIT THE FOLLOWING 1i110RK FORCE DATA um EACH BID (Protected Class is defined as Black,lisparuc,Asian and Pacific Islander,American Incian or Alaskan Native,Female.) Total Employees Protected Class Males Protected Pass Females American American Total Total Asian or Incian or Asian or In ian or Vtrk Protected Pacific Alaskan Pacific Alaskan Date Force Class Black lispanic Islander Native Black lispanic Islander Native V\hite .7/74 i/ ,5 3 "Refer any rf wstions r jarrfing the Fun or SPFORCA11f r LS dr ity Pt ing Dprartrrtnnt(4f 2)444-54(Xl or ac shrwn m Midi All bidders awarded a contract in the amount of$5,000 or more rrust comply with the Contrail Ccrrpliance Ordnance and have on file with the I-krnan Rights and Relations Department the Contract Corrpliance Report(Form CC-1). This report shall be in effect for 24 rn. dhra from the date received by the Rrran Rights and Relations Department. Any Questions regarding the Contract Corrpliance Ordinance should be cirected to the Baran Rights and Relations Department at(402)444-5 5. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: ow/,�� (Date of Signing) • Signature: i .Q c- (Print Name) (Title) (Sign e) her by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Speci fications, including the accompanying Exhibits,regarding PBE/DBE,and the other teens 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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s) set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department,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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersi ed tor will be subject to the terms of any future Contract Awards. Signature \ Title /„o,fQ C Z OAJ/O4J /U/�i /� Date of Signing 7/fr-�g Firm or Corporate Name C_�/YI.57-D_C--- tt Address /T1/ girtaTelephone Number SKY —2/6a v�•i.�j c.9. 5 . y S",click on"PBE/DBE CERTIFIED DIRECTORY". 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 Rights and Relations Department the Contract Compliance Report(Form CC-I). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. 1r� (PLEASE PRINT LEGIBLY OR TYPE) _ Payment Terms: % . ' Firm ;M61.D 17vG Incorporated In: GD1 Deliv orcom completion) Name Signature „ �JY( P ) �L ��i�R g -r• Calendar days following award Title Phone Fax 77 c ali�i�i�ai�s�j � Pf�9— y��/—o/bo y Ste/_-DlA Address /��X7 tST y /—•P9R C.IfILL 9.26/V --_ Street/PO Box City State Zip E-Mail Address QOP1e1 tQ COs.44 7V . Co 1 • .. .. - - . . -- _„:„.,..„...;..._„-__,.,:,...„....„_: ¢-w -.,} � - - - d ---_ - - - __.-- _.-.r�.a--_.�- _ -1.. 1 •:__- _.-. - -= .. - �I:� _-_. _ -- .._ . _._ . _ . , . • .____ ___ _;,,,....,..... ---T:::...,:::-. _:..--„,--_- June 20,2006 • CORTOVITE R SOL1TION At the June 13,2006 meeting of Directors of-Colnade,Incorporated, a quorum being ' there present, on motion duly made and seconded it was resolved: - Chris Schaller,President of Comade, Inc., acting on behalf of the company appoint the positions identified below as having the authority to bind Comade,Inc. in the execution of documents of bids, contracts,and solicitations,and to receive and receipt therefore all purchase orders and notices issues pursuant to the provisions of any such bid or contract, this corporation hereby ratifying approving,confirming, and accepting each and every such act performed by said agent acting on behalf of the company. . Corporate Officer National Sales Manager Industry Manager Project Manager - I hereby certify the foregoing to be a true and correct copy of an excerpt of the minutes of the above dated meeting of the Board of Directors of Comade Inc., and the same has not b n revoked or rescinded. i ! Chris Schaller • Secretary-Treasurer Comade, Inc 949-474-0160 17915 Sky Park Circle,Suite B - Fax 949-474-0161 Irvine,California 92614 Ins w•.comade_con? I ned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s) set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department,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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersi ed tor will be subject to the terms of any future Contract Awards. Signature \ Title /„o,fQ C Z OAJ/O4J /U/�i /� Date of Signing 7/fr-�g Firm or Corporate Name C_�/YI.57-D_C--- tt Address /T1/ girtaTelephone Number SKY —2/6a v�•i.�j c.9. 5 . y S",click on"PBE/DBE CERTIFIED DIRECTORY". 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 Rights and Relations Department the Contract Compliance Report(Form CC-I). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. 1r� (PLEASE PRINT LEGIBLY OR TYPE) _ Payment Terms: % . ' Firm ;M61.D 17vG Incorporated In: GD1 Deliv orcom completion) Name Signature „ �JY( P ) �L ��i�R g -r• Calendar days following award Title Phone Fax 77 c ali�i�i�ai�s�j � Pf�9— y��/—o/bo y Ste/_-DlA Address /��X7 tST y /—•P9R C.IfILL 9.26/V --_ Street/PO Box City State Zip E-Mail Address QOP1e1 tQ COs.44 7V . Co 1 DOUGLAS COUNTY • REQUEST FOR BID &BID SHEET ON: CITY OF OMAHA GALVANIZED U POSTS FROM: P.M.Burke,Assistant Purchasing Agent Published: March 5,2008 902 Omaha-Douglas Civic Center NOT AN ORDER Page 1 1819 Farnam Street Omaha,Nebraska 68183-0902 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS S20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAY ABLE TO'rIIE "CITY OF OMAHA". Bid Closing Time&Date: 11:00 A.M.March 19,2008 IMPORTANT 1. Bid must be in the office of the CITY CLERK,LC-1,OMAHA 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. DOUGLAS CIVIC CENTER,1819 Farnam Street,Omaha,NE 68183- 0011 by the closing date and time indicated in a sealed envelop marked BID ON:CITY OF OMAHA GALVANIZED U POSTS 2. As evidence of good faith a bid bond or certified check must be submitted 6. When submitting bid on items listed,bidder may on a separate sheet,make with bid. Bid bond or certified check shall he made payable to the"City of suggestions covering reduction in costs wherever this is possible through redesign, Omaha". FAILURE TO DO SO IS CAUSE FOR REJECTION. change of material or utilization of standard items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and the 7. If you do not bid,return this sheet with mason for declining. Failure to do so will bidders shall have the right to appeal any decision to the City Council. indicate your desire to be removed from our mailing list. TABULATION SHEETS Right is also reserved to accept or reject any part of your bid sinless FOR THE BIDS SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY otherwise indicated by you. WEBSITE AT w«.w.douglascountpurchasint.ora. DO NOT CALL FOR THIS INFORMATION. 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 item(s)listed below: QUANTITY DESCRIPTION - UNIT PRICE EXTENSION It is the intent of the City of Omaha to enter into a price agreement Estimated through December 31,2008. (+/-) THIS BID IS QUOTED AS PURCHASED ALL OR NONE AT ONE TIME . 3,000 Each 5'Galvanized U Posts, punched full length,2.5# BID/Each $ 9 . 30 s27900 . 00 600 Each 6'Galvanized U Posts, punched full length,2.5# BID/Each $ 14 . 87 $ 8922 . 00 700 Each 10'Galvanized U Posts,punched full length,2.5# BID/Each $ 18 . 58 $13 0 0 6 . 0 0 3,000 Each 9'Galvanized U Posts, punched full length,2.5# BIDIEach $ 16 . 73 $5 019 0 . 0 0 100 Each 12'Galvanized U Posts,punched full lenth,2.5# BID/Each $ 22 . 30 $ 2230 . 00 TOTAL ALL OR NONE BID $10 2 2 4 8 . 0 0 Questions regarding this bid should be directed to Mark Biodrowski at (402)444-4106/3363. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at nvsrw.ci.omaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". All bidders awarded a contract in the amount of S5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and 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 Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. •Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Tams: 0 •%• 3 0 Firm M I D W E S T SERVICE & SALES CO . ,Incorporated In: NE Delivery(or completion) Name Cindy Yost e n Sisnatur0 } 4 Y n 30-45 Calendar daysfollowingaward Tide Office Manager Phone #800-642-8 2 Fax#402-352-51L2 Address P. O . Box 533 Schuyler NE 68661 Street/PO Box City State Zip E-Mail Address sales@midwestserviceandsales .com State Zip E-Mail Address QOP1e1 tQ COs.44 7V . Co 1 DOUGLAS COUNTY REQUEST FOR BID &BID SHEET ON: CITY nF nMA IA GALVANIZED IJ POSTS FROM: P.M.Burke,Assistant Purchasing Agent Published: March 5,20G8 902 Omaha-Douglas Civic Center Page 1 1819 Farnam Street NOT AN ORDER 8 Omaha,Nebraska 68183-0902 • BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEM OFF IS$20 000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO THE "CITY OF OMAHA". Bid Closing Time&Date: 11:00 A.M.March 19,2008 IMPORTANT 1. Bid must be in the office of the CITY CLERK,LC-1,OMAHA 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. DOUGLAS CIVIC CENTER,1819 Famam Street,Omaha,NE 68183- 0011 by the closing date and time indicated in a sealed envelop marked BID ON:CITY OF OMAHA GALVANIZED U POSTS 2. As evidence of good faith a bid bond or certified check must be submitted 6. When submitting bid on items listed,bidder may on a separate sheet,make with bid. Bid bond or certified check shall be made payable to the"City of suggestions covering reduction in costs wherever this is possible through redesign, Omaha". FAILURE TO DO SO IS CAUSE FOR REJECTION. change of material or utilization of standard items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and the 7. If you do not bid,return this sheet with reason for declining. Failure to do so will bidders shall have the right to appeal any decision to the City Council. indicate your desire to be removed from our mailing list. TABULATION SHEETS Right is also reserved to accept or reject any part of your bid unless FOR THE BIDS SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY otherwise indicated by you. WEBSITE AT www.douslascountvpurchasina.ors. DO NOT CALL FOR THIS INFORMATION. 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 item(s)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION It is the intent of the City of Omaha to enter into a price agreement Estimated through December31,2008. MINIMUM HALF TRUCKLOAD REQUIRED . • (+/-) THIS BID IS QUOTED AS TRUCKLOAD OR LESS QUANTITIES . 3,000 Each 5'Galvanized U Posts,punched full length,2.5# BID/Each S 9 .47 $ 2 8 410 . 0 0 600 Each 6'Galvanized U Posts,punched full length,2.5# BID/Each $ 15 . 15 $ 9090 . 00 700 Each 10'Galvanized U Posts,punched full length,2.5# BID/Each S 18 . 92 s13244 . 00 3,000 Each 9'Galvanized U Posts,punched full length,2.5# BID/Each S 17 .03 s51090 . 00 100 Each 17 Galvanized U Posts,punched full tenth,2.5# BID/Each S. 22 .71 S 2271 . 00 TOTAL ALL OR NONE BID s104105 . 00 Questions regarding this bid should be directed to Mark Biodrowski at (402)444-4106/3363. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at www.ci.omaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". All bidders awarded a contract in the amount of S5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and 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 Rights and Relations Department Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. •Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 0 % 30 Firm M I D W E S T SERVICE & SALES CO . � Incorporated In: NE Delivery(or completion) Name Cindy Yost e n Si 3 0- 4_5_Calendar days following award Title Office Manager Photo#8 0 0—6 4 2—8 0 Fax#4 0 2—3 5 2—514 2 AddirWs P . O . Box 533 Schuyler NE 68661 Street/PO Box City State Zip E-MailAddress sales@midwestserviceandsales . com OP1e1 tQ COs.44 7V . Co 1 • EXHIBIT "A" PROTECTED AND/OR DISADVANTAGED 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 PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or Is not performing satisfactorily. the Contractor shall obtain prior approval from the Human Rights and Relations Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form,the Bidder is certifying that It has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this protect and has afforded subcontractors participating in the program the opportunity to submit bids on this proiect. Type of work and Projected contract item or commencement Name of PBE parts thereof to be and completion 'Agreed price with andlor DBE Address performed date of work PBE/DBEs Percentage(%) Totals N/A *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Specifications,including the accompanying Exhibits,regarding PBE/DBE,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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department,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 ity of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, pdersi8ned/Contract(or ll be ssuQbjectttto the terms of any future Contract Awards. Signature - si 1. I Title Office n a e r Date of Signing 3/13/0 8 Firm or Corporate Name MIDWEST SERVICE & SALES CO . Address P .0. Box 533 , Schuyler ,NETelephoneNumber #800-642-8302 CTORY". All bidders awarded a contract in the amount of S5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and 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 Rights and Relations Department Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. •Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 0 % 30 Firm M I D W E S T SERVICE & SALES CO . � Incorporated In: NE Delivery(or completion) Name Cindy Yost e n Si 3 0- 4_5_Calendar days following award Title Office Manager Photo#8 0 0—6 4 2—8 0 Fax#4 0 2—3 5 2—514 2 AddirWs P . O . Box 533 Schuyler NE 68661 Street/PO Box City State Zip E-MailAddress sales@midwestserviceandsales . com OP1e1 tQ COs.44 7V . Co 1 • EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA BIDDERS ARE REARED TO SUBMT THE FO1LCM NG WORK FORCE DATA WITH EACH BID (Protected Class is defined as Black,tispanic,Asian and Pacific Islander,American Indan or Alaskan Native,Fennle.) Tots l Employees Protected Class Males Prdeded Class Females American American Total Total Asian or Irxian or Asian or Incian or Viibrk Protected Pacific Alaskan Pacific Alaskan Date Force Class Black Fispanic Islander Native Back Hispanic Islander Native V1hte 3/13/08 9 3 - - - - - - - - 3 *Refer*ny 4,Mims r jrcing the RU)or SPFCIFICATIOKS tiredly to the Pi's-chasing ( )444-M O nr 3s ahrwm nrt hid All bidders awarded a contract in the amaurrt of$5,000 or more mist con ply with the Contract Conpliance(refinance and have on file with the Human Rights and Relations Department the Contract-Corrpliance Report(Form C -1). This report shall be in effect for 24 months hs from the date received by the Human Rights and Relations Department. Any Coestions re ardng the Contract t Compliance Ordnance should be dreded to the Human Rights and Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) ES CO . 31 3/08 Firm'sName• MIDWEST SERVICE & SALES (Date of Signing) Signature• Cindy Yosten Office Manager (Print Name) (Title) (S. at4re) y goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Specifications,including the accompanying Exhibits,regarding PBE/DBE,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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department,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 ity of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, pdersi8ned/Contract(or ll be ssuQbjectttto the terms of any future Contract Awards. Signature - si 1. I Title Office n a e r Date of Signing 3/13/0 8 Firm or Corporate Name MIDWEST SERVICE & SALES CO . Address P .0. Box 533 , Schuyler ,NETelephoneNumber #800-642-8302 CTORY". All bidders awarded a contract in the amount of S5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and 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 Rights and Relations Department Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. •Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 0 % 30 Firm M I D W E S T SERVICE & SALES CO . � Incorporated In: NE Delivery(or completion) Name Cindy Yost e n Si 3 0- 4_5_Calendar days following award Title Office Manager Photo#8 0 0—6 4 2—8 0 Fax#4 0 2—3 5 2—514 2 AddirWs P . O . Box 533 Schuyler NE 68661 Street/PO Box City State Zip E-MailAddress sales@midwestserviceandsales . com OP1e1 tQ COs.44 7V . Co 1 • J.R. DOUGLAS COUNTY REQUEST FOR BID & BID SHEET ON: CITY OF OMAHA GALVANIZED U POSTS • FROM: P.M.Burke,Assistant Purchasing Agent Published: March 5,2008 902 Omaha-Douglas Civic Center 1819 Famam Street NOT AN ORDER Page 1 Omaha,Nebraska 68183-0902 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO THE "CITY OF OMAHA". Bid Closing Time&Date: 11:00 A.M.March 19,2008 IMPORTANT 1. Bid must be in the office of the CITY CLERK,LC-1,OMAHA 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. DOUGLAS CIVIC CENTER,1819 Farnam Street,Omaha,NE 68183- 0011 by the closing date and time indicated in a sealed envelop marked BID ON:CITY OF OMAHA GALVANIZED U POSTS 2. As evidence of good faith a bid bond or certified check must be submitted 6. When submitting bid on items listed,bidder may on a separate sheet,make with bid. Bid bond or certified check shall be made payable to the"City of suggestions covering reduction in costs wherever this is possible through redesign, Omaha". FAILURE TO DO SO IS CAUSE FOR REJECTION. change of material or utilization of standard items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and the 7. If you do not bid,return this sheet with reason for declining. Failure to do so will bidders shall have the right to appeal any decision to the City Council. indicate your desire to be removed from our mailing list. TABULATION SHEETS Right is also reserved to accept or reject any part of your bid unless FOR THE BIDS SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY otherwise indicated by you. WEBSITE AT www.douglascountvpurchasing.org. DO NOT CALL FOR THIS INFORMATION. 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 item(s)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION It is the intent of the City of Omaha to enter into a price agreement Estimated through December 31,2008. (+/-) 3,000 Each 5'Galvanized U Posts, punched full length,2.5# BID/Each $ $ • 600 Each 6'Galvanized U Posts, punched full length,2.5# BID/Each $ $ 700 Each 10'Galvanized U Posts, punched full length,2.5# BID/Each $ $ 3,000 Each 9'Galvanized U Posts,punched full length,2.5# BID/Each $ $ 100 Each 12'Galvanized U Posts, punched full lenth,2.5# BID/Each $ $ TOTAL ALL OR NONE BID $ Questions regarding this bid should be directed to Mark Biodrowski at (402)444-4106/3363. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at www.ci.omaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". 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 Rights and 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 Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: % Firm Incorporated In: Delivery(or completion) Name Signature Calendar days following award Title Phone Fax Address Street/PO Box City State Zip E-Mail Address : NE Delivery(or completion) Name Cindy Yost e n Si 3 0- 4_5_Calendar days following award Title Office Manager Photo#8 0 0—6 4 2—8 0 Fax#4 0 2—3 5 2—514 2 AddirWs P . O . Box 533 Schuyler NE 68661 Street/PO Box City State Zip E-MailAddress sales@midwestserviceandsales . com OP1e1 tQ COs.44 7V . Co 1 Protected and/or Disadvantaged Business Checklist Items Listed Below must be submitted with Bid: 1. ❑ Exhibit A - completed Protected and/or Disadvantaged Business Disclosure Participation Form. All PBE/DBE Subcontractors submitted on Exhibit A must be certified with the City of Omaha Human Rights and Relations Department prior to the time of the bid opening. A current list is available on the City of Omaha's web site, www.ci.omaha.ne.us/Departments/Human Rights and Relations or can be requested through the Human Rights and Relations Department at 402-444-5055. 2. ❑ Verification in writing from each PBE/DBE Subcontractor showing that the PBE/DBE Subcontractor has agreed to perform the work identified on Exhibit A,Protected and/or Disadvantaged Business Disclosure Participation Form. Telephonic verifications will not be accepted. 3. ❑ For projects under $200,000.00 in construction costs,there is no PBE/DBE goal established. The Bidder is still required to fill out Exhibit"A"and Exhibit`B"and turn them in with his or her bid. Contact the City of Omaha Human Rights and Relations Department(402-444-5055) regarding any questions you might have. 4. ❑ Exhibit B—completed Contractor Employment Data Form. • Should the bidder fail to comply with the above,its bid will be subject to rejection. • In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. Protected and Disadvantaged Business Enterprise Programs Who Qualifies as a Protected/Disadvantaged Business Enterprise? • The term "Protected Business Enterprises" (PBE) is defined to be a business at least 51 percent of which is owned, controlled, and actively managed by protected class members (Black, Hispanic,Asian, or Pacific Islander,American Indian or Alaskan Native or Female). The term"Disadvantaged Business Enterprise" (DBE) is defined to be a small business that has been in existence for at least one year and has annual gross receipts of$150,000 or less. A DBE may include,but not limited to a business owned by a Protected class,but such business must meet two or other conditions set forth in the City of Omaha Contract Compliance Ordinance, Section 10-191,M (1)through(5). What are the benefits of becoming certified as a PBE/DBE? Certification as a PBE or DBE provides greater exposure for work opportunities on City of Omaha projects. The names of all certified PBE/DBE'S appear in the PBE/DBE directory,which is disseminated to local government agencies, contractors and to the public. City of Omaha contractors will use the PBE/DBE directory as a basic resource for soliciting Minority/Women/Small Business participation on City of Omaha Projects. The City of Omaha shall make every good-faith effort to award City contracts and City-assisted construction contracts to Disadvantaged Business Enterprises in amounts no less than 10%of the dollar volume of the applicable contracts awarded by the city. Other benefits include the authority,(but not a requirement), of the City Council to award a contract to a DBE that is not the lowest bidder. A contract or subcontract can be awarded to a DBE if determined by the City to be an acceptable cost higher than a competing lower bid except for specially assessed Projects. A DBE company may be awarded the contract over the lowest bidder as long as the cost differential does not exceed 3%. If your business is not certified with the City of Omaha and you are interested in becoming certified as a Protected and/or Disadvantaged Business Enterprise please contact the Human Rights and Relations Department at 402-444-5055. The PBE/DBE applications, Contract Compliance Report Form CC-1 and a current PBE/DBE City of Omaha certified directory are located on the City of Omaha website, www.ci.omaha.ne.us. Click on departments. Click on Human Rights and Relations. Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: % Firm Incorporated In: Delivery(or completion) Name Signature Calendar days following award Title Phone Fax Address Street/PO Box City State Zip E-Mail Address : NE Delivery(or completion) Name Cindy Yost e n Si 3 0- 4_5_Calendar days following award Title Office Manager Photo#8 0 0—6 4 2—8 0 Fax#4 0 2—3 5 2—514 2 AddirWs P . O . Box 533 Schuyler NE 68661 Street/PO Box City State Zip E-MailAddress sales@midwestserviceandsales . com OP1e1 tQ COs.44 7V . Co 1 • Contract Compliance Ordinance No.35344, Section 10-192 Equal Employment Opportunity Clause During the performance of this contract, the contractor agrees as follows: 1. The contractor shall not discriminate against any employee applicant for employment because of race,religion, color, sex, national origin, or disability as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code 13-89. 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. The contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code(Chapter 13) including,but not limited to,reasonable accommodation. As used herein,the word"treated"shall mean and include,without limitation, the following: Recruited,whether 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 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. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's 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 contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, and including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 on 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 these 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 compliance reports shall be filed with the contract compliance officer. 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. 7. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. Street/PO Box City State Zip E-Mail Address : NE Delivery(or completion) Name Cindy Yost e n Si 3 0- 4_5_Calendar days following award Title Office Manager Photo#8 0 0—6 4 2—8 0 Fax#4 0 2—3 5 2—514 2 AddirWs P . O . Box 533 Schuyler NE 68661 Street/PO Box City State Zip E-MailAddress sales@midwestserviceandsales . com OP1e1 tQ COs.44 7V . Co 1 UTILIZATION OF PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES . Protected and/or Disadvantaged Business Enterprise(PBE/DBE)Participation Contract Specifications Pursuant to City of Omaha Contract Compliance Ordinance. 1. It is the policy of the City of Omaha that Protected and/or Disadvantaged Business Enterprises shall have the maximum practicable opportunity to participate in the City of Omaha projects. Consequently,the PBE/DBE requirements of Contract Compliance Ordinance apply to this solicitation. In this regard,the Contractor to whom any award of this solicitation is made shall take all necessary and reasonable steps in accordance with this solicitation to ensure that Protected and/or Disadvantaged Business Enterprises have the maximum opportunity to participate in the Contract. The Contractor shall not discriminate on the basis of race,color,national origin, sex,religion,age or disability in the award or performance of any contract or subcontract resulting from or relating to this solicitation. Failure to carry out the pre-award requirements of these PBE/DBE specifications will be sufficient ground to reject the Bid. Failure of the Contractor to carry out the requirements of the PBE/DBE specifications shall constitute a material breach of the contract and may result in termination of the contract. The Contractor shall use its best efforts to carry out the PBE/DBE policy consistent with efficient performance on the project. 2. Bidders are hereby informed that the city of Omaha has established goals for the participation of Protected and/or Disadvantaged Business Enterprises in all contracts that it awards. Subcontracts awarded,by the Bidder that is successful in solicitation,to firms owned by Protected and/or Disadvantaged Business Enterprises is essential to the achievement of the City of Omaha's PBE/DBE goals. Therefore,to be considered for award,Bidders must comply with the requirements of these PBE/DBE specifications. By submitting his/her bid,each Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set forth in the PBE/DBE specifications for participation by Protected and/or Disadvantaged Business Enterprises in the performance of any contract resulting from this solicitation or,as an alternative,that the contractor has made or will make good faith efforts toward meeting the PBE/DBE goals,and will demonstrate to the City of Omaha's satisfaction that the contractor has made such efforts. Bidders must submit with their bids,on the form set forth in the PBE/DBE specifications,the names,respective scope of work, and the dollar values of each PBE/DBE subcontractor that the Bidder proposes for participation in contract work. In any case, Exhibits"A"and"B"must be submitted with the bid. If the information so submitted indicates that the City of Omaha goals will not be met,the Bidder shall submit good faith efforts documentation with their bid. The evidence must show to the City of Omaha's satisfaction that the bidder has in good faith made every reasonable effort,in the City of Omaha's judgment,to meet such goals. If any bidder fails to submit,with the bid,the required information concerning PBE/DBE participation,or if,having failed to meet the City of Omaha's goals or fails to demonstrate to the City of Omaha's satisfaction the bidder's good faith efforts to do so,the City of Omaha may, in its discretion,reject the bid. 3. Protected and/or Disadvantaged Business Enterprise Goals. Bidders are hereby informed that pursuant to Sec. 10-200 and Executive Order No.F-11-02 the City of Omaha has a PBE Participation goal of no less than 13%and a DBE participation goal of no less than 10%of the dollar volume of all the contracts that it awards. All bidders shall make every good faith effort to meet said goals. 4. The City of Omaha shall set specific goals for all contracts over$200,000 to assist it in meeting its overall PBE/DBE goals set forth above. The City of Omaha has established a PBE/DBE goal of %of the dollar amount of the bid(Bid Total)for this contract(if said contract is anticipated to be over$200,000). Bidders shall make every good faith effort to meet said goal. 5. Bidders are informed that price alone does not constitute an acceptable basis for rejecting PBE/DBE bids unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will,in the City of Omaha's discretion,constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to,some or all of the following: a. Attendance at the pre-bid conference,if any; b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with certainty whether the PBE/DBEs are interested; c. Efforts made to select portions of the work(including where appropriate,breaking down contracts into economically feasible units)proposed to be performed by PBE/DBEs in order to increase the likelihood of achieving the PBE/DBE goals;and, d. Efforts to negotiate with PBE/DBEs for specific sub-bids,including at a minimum: (1) The names,addresses,type of work to be subcontracted,and telephone numbers of PBE/DBEs that were contacted; (2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be performed;and, (3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f." Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; g. Concerning each PBE/DBE the Bidder contacted but rejected as unqualified,the reasons for the Bidder's conclusion; h. Efforts made to assist the PBE/DBEs contacted that needed assistance in obtaining bonding, lines of credit,of insurance required by the Bidder of the City of Omaha; i. Designation,in writing,of a liaison officer who administers the Bidder's Protected and/or Disadvantaged Business utilization program; • j. Expansion of search for PBE/DBEs to a wider geographic area than the area in which the Bidder generally seeks subcontractors if use of the customary solicitation area does not result in meeting the goals by the Bidder; and, availableprotected communityorganizations,protected contractor's group,local, state,and federal k. Utilization of services of g minority business assistance offices,and other organizations that provide assistance in the recruitment and placement of PBE/DBEs. 6. The Bidder must comply with the following: a. Prior to award of this Contract all Bidders shall submit Exhibit"A,"Protected and/or Disadvantaged Business Disclosure Participation Form. Exhibit"A"must be submitted with the bid. Bidder must also submit a copy of the written bid submitted by the PBE/DBE subcontractor to the Bidder or other verification in writing from the PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work identified in the bid submitted by the Bidder. • fails to meet the goals set forth above,Good Faith Efforts Documentation must be submitted with bid. b. If Bidder c. Also,prior to award of this contract all Bidders must submit Exhibit"B"Contractor employment data form with the bid. d. The Bidder and any of its subcontractors that have been designated by the Bidder as PBE and/or DBE must have been approved as such by the Human Rights and Relations Departmentprior to bid opening on the project. e. After bid opening and during contract performance,Bidders and the Contractor,as the case may be,are required to make every reasonable effort to replace a PBE/DBE subcontractor that is determined to be unable to perform successfully or is not performing satisfactorily,with another PBE and/or DBE prior to substituting such PBE/DBE,the Contractor shall seek approval from the Human Rights and Relations Department. The City of Omaha's Relations Department Director or a designee,shall approve all prior substitutions in writing in order to ensure that the substituted firms are bona fide PBE/DBEs. f. In the event of the Contractor's non-compliance with the Protected and/or Disadvantaged Business Enterprise requirements of this Contract,the City of Omaha shall impose such contract sanctions as it may determine to be appropriate,including,but not limited to: (1) Rejection of the Bid (2) Withholding of payments to the Contractor until the Contractor complies;and/or (3) Cancellation,termination or suspension of the Contract,in whole or in part;or (4) Any other penalty set forth in the City of Omaha's Contract Compliance Ordinance. 7. For the information of Bidders,Contract Compliance Ordinance outlines the City of Omaha's rules,guidelines and criteria for(a) making determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Rights and Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Rights and Relations Department may from time to time conduct. . PBE/DBE Reporting and Record Keeping Requirements. 1. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. , In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating 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 City of Omaha. of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; EXHIBIT "A" • PROTECTED AND/OR DISADVANTAGED 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 PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Rights and Relations Department Director or a designee, for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form, the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the program the opportunity to submit bids on this project. Type of work and Projected contract item or commencement Name of PBE parts thereof to be and completion *Agreed price with and/or DBE Address performed date of work PBE/DBEs • Percentage(%) • • Totals • *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column; total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, 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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department, 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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature ' Title Date of Signing Firm or Corporate Name • Address _Telephone Number determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Rights and Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Rights and Relations Department may from time to time conduct. . PBE/DBE Reporting and Record Keeping Requirements. 1. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. , In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating 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 City of Omaha. of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; • EXHIBIT "B" • 'CONTRACTOR EMPLOYMENT DATA • BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORKFORCE DATA WITH EACH BID (Protected Class as defined as Black, Hispanic,Asian and Pacific Islander,American Indian or Alaskan Native,Female) Total Employees Protected Class Males - Protected Class Females Date Total Total Black Hispanic Asian or American Black Hispanic Asian or American Work Protected Pacific Indian or Pacific Indian or Force Class Islander Alaskan Islander Alaskan Native Native • Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department at(402)444-7155 or as shown on bid. 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 Rights and 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 Rights and Relations Department. Any question regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. (Please print legibly or type) Firm's Name: (Date of Signing) Signature: (Print Name) (Title) (Signature) gned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, 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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department, 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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature ' Title Date of Signing Firm or Corporate Name • Address _Telephone Number determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Rights and Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Rights and Relations Department may from time to time conduct. . PBE/DBE Reporting and Record Keeping Requirements. 1. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. , In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating 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 City of Omaha. of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; EXHIBIT "C" QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES. This form must be submitted within 10 calendar days of the end of each calendar quarter, from the start of the project. Company Name: Project Number: Project Name: Total Contract Amount: Calendar Quarter Covered by this Report: 1st 3rd —2nd —4th Year 200 I. Protected and/or Disadvantaged Contractors • Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to Proceed (NTP), are currently performing work, and are contemplated to perform work during the duration of the City of Omaha Contracts. Name and total dollars committed and paid. Name of Protected and/or Disadvantaged Dollars Paid During Dollars Paid Since Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date act Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any question regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. (Please print legibly or type) Firm's Name: (Date of Signing) Signature: (Print Name) (Title) (Signature) gned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, 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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department, 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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature ' Title Date of Signing Firm or Corporate Name • Address _Telephone Number determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Rights and Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Rights and Relations Department may from time to time conduct. . PBE/DBE Reporting and Record Keeping Requirements. 1. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. , In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating 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 City of Omaha. of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; • DOUGLAS COUNTY REQUEST FOR BID & BID SHEET ON: CITY OF OMAHA GALVANIZED U POSTS FROM: P.M.Burke,Assistant Purchasing Agent Published: March 5,2008 902 Omaha-Douglas Civic Center 1819 Farnam Street NOT AN ORDER Page 1 Omaha,Nebraska 68183-0902 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO THE "CITY OF OMAHA". Bid Closing Time&Date: 11:00 A.M.March 19,2008 IMPORTANT 1. Bid must be in the office of the CITY CLERK,LC-1,OMAHA 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. DOUGLAS CIVIC CENTER,1819 Farnam Street,Omaha,NE 68183- 0011 by the closing date and time indicated in a sealed envelop marked BID ON:CITY OF OMAHA GALVANIZED U POSTS 2. As evidence of good faith a bid bond or certified check must be submitted 6. When submitting bid on items listed,bidder may on a separate sheet,make with bid. Bid bond or certified check shall be made payable to the"City of suggestions covering reduction in costs wherever this is possible through redesign, Omaha". FAILURE TO DO SO IS CAUSE FOR REJECTION. change of material or utilization of standard items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and the 7. If you do not bid,return this sheet with reason for declining. Failure to do so will bidders shall have the right to appeal any decision to the City Council. indicate your desire to be removed from our mailing list. TABULATION SHEETS Right is also reserved to accept or reject any part of your bid unless FOR THE BIDS SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY otherwise indicated by you. WEBSITE AT www.douglascountvpurchasing.org. DO NOT CALL FOR THIS INFORMATION. 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 item(s)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION It is the intent of the City of Omaha to enter into a price agreement Estimated through December 31,2008. (+/-) 3,000 Each 5'Galvanized U Posts, punched full length,2.5# BID/Each $ $ 600 Each 6'Galvanized U Posts, punched full length,2.5# BID/Each $ $ 700 Each 10'Galvanized U Posts, punched full length,2.5# BID/Each $ $ 3,000 Each 9'Galvanized U Posts,punched full length,2.5# BID/Each $ $ 100 Each 12'Galvanized U Posts, punched full lenth, 2.5# BID/Each $ $ TOTAL ALL OR NONE BID $ Questions regarding this bid should be directed to Mark Biodrowski at (402)444-4106/3363. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at www.ci.omaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". 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 Rights and 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 Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: % Firm Incorporated In: Delivery(or completion) Name Signature Calendar days following award Title Phone Fax Address • Street/PO Box City State Zip E-Mail Address ing the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. , In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating 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 City of Omaha. of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; Protected and/or Disadvantaged Business Checklist • Items Listed Below must be submitted with Bid: 1. ❑ Exhibit A - completed Protected and/or Disadvantaged Business Disclosure Participation Form. All PBE/DBE Subcontractors submitted on Exhibit A must be certified with the City of Omaha Human Rights and Relations Department prior to the time of the bid opening. A current list is available on the City of Omaha's web site,www.ci.omaha.ne.us/Departments/Human Rights and Relations or can be requested through the Human Rights and Relations Department at 402-444-5055. 2. ❑ Verification in writing from each PBE/DBE Subcontractor showing that the PBE/DBE Subcontractor has agreed to perform the work identified on Exhibit A,Protected and/or Disadvantaged Business Disclosure Participation Form. Telephonic verifications will not be accepted. 3. ❑ For projects under$200,000.00 in construction costs, there is no PBE/DBE goal established. The Bidder is still required to fill out Exhibit"A" and Exhibit "B" and turn them in with his or her bid. Contact the City of Omaha Human Rights and Relations Department(402-444-5055) regarding any questions you might have. 4. ❑ Exhibit B—completed Contractor Employment Data Form. • Should the bidder fail to comply with the above, its bid will be subject to rejection. • In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. Protected and Disadvantaged Business Enterprise Programs Who Qualifies as a Protected /Disadvantaged Business Enterprise? The term"Protected Business Enterprises"(PBE) is defined to be a business at least 51 percent of which is owned, controlled, and actively managed by protected class members (Black, Hispanic,Asian, or Pacific Islander,American Indian or Alaskan Native or Female). The term"Disadvantaged Business Enterprise" (DBE)is defined to be a small business that has been in existence for at least one year and has annual gross receipts of$150,000 or less. A DBE may include,but not limited to a business owned by a Protected class,but such business must meet two or other conditions set forth in the City of Omaha Contract Compliance Ordinance, Section 10-191, M (1)through(5). What are the benefits of becoming certified as a PBE/DBE? Certification as a PBE or DBE provides greater exposure for work opportunities on City of Omaha projects. The names of all certified PBE/DBE'S appear in the PBE/DBE directory, which is disseminated to local government agencies, contractors and to the public. City of Omaha contractors will use the PBE/DBE directory as a basic resource for soliciting Minority/Women/Small Business participation on City of Omaha Projects. The City of Omaha shall make every good-faith effort to award City contracts and City-assisted construction contracts to Disadvantaged Business Enterprises in amounts no less than 10%of the dollar volume of the applicable contracts awarded by the city. Other benefits include the authority, (but not a requirement),of the City Council to award a contract to a DBE that is not the lowest bidder. A contract or subcontract can be awarded to a DBE if determined by the City to be an acceptable cost higher than a competing lower bid except for specially assessed Projects. A DBE company may be awarded the contract over the lowest bidder as long as the cost differential does not exceed 3%. If your business is not certified with the City of Omaha and you are interested in becoming certified as a Protected and/or Disadvantaged Business Enterprise please contact the Human Rights and Relations Department at 402-444-5055. The PBE/DBE applications, Contract Compliance Report Form CC-I and a current PBE/DBE City of Omaha certified directory are located on the City of Omaha website, www.ci.omaha.ne.us. Click on departments. Click on Human Rights and Relations. bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: % Firm Incorporated In: Delivery(or completion) Name Signature Calendar days following award Title Phone Fax Address • Street/PO Box City State Zip E-Mail Address ing the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. , In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating 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 City of Omaha. of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; Contract Compliance Ordinance No. 35344, Section 10-192 Equal Employment Opportunity Clause During the performance of this contract,the contractor agrees as follows: 1. The contractor shall not discriminate against any employee applicant for employment because of race,religion, color, sex, national origin, or disability as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code 13-89. 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. The contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code(Chapter 13) including,but not limited to, reasonable accommodation. As used herein, the word "treated"shall mean and include,without limitation,the following: Recruited,whether 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 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. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's 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 contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, and including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer 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 on 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 these 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 compliance reports shall be filed with the contract compliance officer. 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. 7. 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 of purchase order so that such provisions will be binding upon each subcontractor or vendor. t/PO Box City State Zip E-Mail Address ing the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. , In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating 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 City of Omaha. of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; UTILIZATION OF PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES . Protected and/or Disadvantaged Business Enterprise(PBE/DBE)Participation Contract Specifications Pursuant to City of Omaha Contract Compliance Ordinance. 1. It is the policy of the City of Omaha that Protected and/or Disadvantaged Business Enterprises shall have the maximum practicable opportunity to participate in the City of Omaha projects. Consequently,the PBE/DBE requirements of Contract Compliance Ordinance apply to this solicitation. In this regard,the Contractor to whom any award of this solicitation is made shall take all necessary and reasonable steps in accordance with this solicitation to ensure that Protected and/or Disadvantaged Business Enterprises have the maximum opportunity to participate in the Contract. The Contractor shall not discriminate on the basis of race,color,national origin, sex,religion,age or disability in the award or performance of any contract or subcontract resulting from or relating to this solicitation. Failure to carry out the pre-award requirements of these PBE/DBE specifications will be sufficient ground to reject the Bid. Failure of the Contractor to carry out the requirements of the PBE/DBE specifications shall constitute a material breach of the contract and may result in termination of the contract. The Contractor shall use its best efforts to carry out the PBE/DBE policy consistent with efficient performance on the project. 2. Bidders are hereby informed that the city of Omaha has established goals for the participation of Protected and/or Disadvantaged Business Enterprises in all contracts that it awards. Subcontracts awarded,by the Bidder that is successful in solicitation,to firms owned by Protected and/or Disadvantaged Business Enterprises is essential to the achievement of the City of Omaha's PBE/DBE goals. Therefore,to be considered for award,Bidders must comply with the requirements of these PBE/DBE specifications. By submitting his/her bid,each Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set forth in the PBE/DBE specifications for participation by Protected and/or Disadvantaged Business Enterprises in the performance of any contract resulting from this solicitation or,as an alternative,that the contractor has made or will make good faith efforts toward meeting the PBE/DBE goals,and will demonstrate to the City of Omaha's satisfaction that the contractor has made such efforts. Bidders must submit with their bids,on the form set forth in the PBE/DBE specifications,the names,respective scope of work, and the dollar values of each PBE/DBE subcontractor that the Bidder proposes for participation in contract work. In any case, Exhibits"A"and"B"must be submitted with the bid. If the information so submitted indicates that the City of Omaha goals will not be met,the Bidder shall submit good faith efforts documentation with their bid. The evidence must show to the City of Omaha's satisfaction that the bidder has in good faith made every reasonable effort,in the City of Omaha's judgment,to meet such goals. If any bidder fails to submit,with the bid,the required information concerning PBE/DBE participation,or if,having failed to meet the City of Omaha's goals or fails to demonstrate to the City of Omaha's satisfaction the bidder's good faith efforts to do so,the City of Omaha may, in its discretion,reject the bid. 3. Protected and/or Disadvantaged Business Enterprise Goals. Bidders are hereby informed that pursuant to Sec. 10-200 and Executive Order No.F-I 1-02 the City of Omaha has a PBE Participation goal of no less than 13%and a DBE participation goal of no less than 10%of the dollar volume of all the contracts that it awards. All bidders shall make every good faith effort to meet said goals. 4. The City of Omaha shall set specific goals for all contracts over$200,000 to assist it in meeting its overall PBE/DBE goals set forth above. The City of Omaha has established a PBE/DBE goal of %of the dollar amount of the bid(Bid Total)for this contract(if said contract is anticipated to be over$200,000). Bidders shall make every good faith effort to meet said goal. 5. Bidders are informed that price alone does not constitute an acceptable basis for rejecting PBE/DBE bids unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will, in the City of Omaha's discretion,constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to,some or all of the following: a. Attendance at the pre-bid conference, if any; b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with certainty whether the PBE/DBEs are interested; c. Efforts made to select portions of the work(including where appropriate,breaking down contracts into economically feasible units)proposed to be performed by PBE/DBEs in order to increase the likelihood of achieving the PBE/DBE goals;and, d. Efforts to negotiate with PBE/DBEs for specific sub-bids,including at a minimum: (1) The names,addresses,type of work to be subcontracted,and telephone numbers of PBE/DBEs that were contacted; (2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be performed;and, (3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; ; • • f.' Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; g. Concerning each PBE/DBE the Bidder contacted but rejected as unqualified,the reasons for the Bidder's conclusion; h. Efforts made to assist the PBE/DBEs contacted that needed assistance in obtaining bonding, lines of credit,of insurance • required by the Bidder of the City of Omaha; i. Designation, in writing,of a liaison officer who administers the Bidder's Protected and/or Disadvantaged Business utilization program; j. Expansion of search for PBE/DBEs to a wider geographic area than the area in which the Bidder generally seeks subcontractors if use of the customary solicitation area does not result in meeting the goals by the Bidder; and, k. Utilization of services of available protected community organizations,protected contractor's group,local, state,and federal minority business assistance offices,and other organizations that provide assistance in the recruitment and placement of PBE/DBEs. 6. The Bidder must comply with the following: a. Prior to award of this Contract all Bidders shall submit Exhibit"A,"Protected and/or Disadvantaged Business Disclosure Participation Form. Exhibit"A"must be submitted with the bid. Bidder must also submit a copy of the written bid submitted by the PBE/DBE subcontractor to the Bidder or other verification in writing from the PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work identified in the bid submitted by the Bidder. b. If Bidder fails to meet the goals set forth above,Good Faith Efforts Documentation must be submitted with bid. c. Also,prior to award of this contract all Bidders must submit Exhibit"B"Contractor employment data form with the bid. d. The Bidder and any of its subcontractors that have been designated by the Bidder as PBE and/or DBE must have been approved as such by the Human Rights and Relations Department prior to bid opening on the project. e. After bid opening and during contract performance,Bidders and the Contractor,as the case may be,are required to make every reasonable effort to replace a PBE/DBE subcontractor that is determined to be unable to perform successfully or is not performing satisfactorily,with another PBE and/or DBE,prior to substituting such PBE/DBE,the Contractor shall seek approval from the Human Rights and Relations Department. The City of Omaha's Relations Department Director or a designee,shall approve all prior substitutions in writing in order to ensure that the substituted firms are bona fide PBE/DBEs. f. In the event of the Contractor's non-compliance with the Protected and/or Disadvantaged Business Enterprise requirements of this Contract,the City of Omaha shall impose such contract sanctions as it may determine to be appropriate,including,but not limited to: (1) Rejection of the Bid (2) Withholding of payments to the Contractor until the Contractor complies;and/or (3) Cancellation,termination or suspension of the Contract,in whole or in part;or (4) Any other penalty set forth in the City of Omaha's Contract Compliance Ordinance. 7. For the information of Bidders,Contract Compliance Ordinance outlines the City of Omaha's rules, guidelines and criteria for(a) making determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Rights and Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Rights and Relations Department may from time to time conduct. . PBE/DBE Reporting and Record Keeping Requirements. ]. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening recording this project and has afforded subcontractors participating 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 City of Omaha. 3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; ; EXHIBIT "A" • PROTECTED AND/OR DISADVANTAGED 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 PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Rights and Relations Department Director or a designee, for substitution of the below listed subcontractor with a City of Omaha certified-PBE and/or DBE. In submitting this form, the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the program the opportunity to submit bids on this project. Type of work and Projected • contract item or commencement Name of PBE parts thereof to be and completion *Agreed price with and/or DBE Address performed date of work PBE/DBEs Percentage(%) Totals *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column; total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, 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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department, 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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title Date of Signing Firm or Corporate Name Address _Telephone Number making determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Rights and Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Rights and Relations Department may from time to time conduct. . PBE/DBE Reporting and Record Keeping Requirements. ]. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening recording this project and has afforded subcontractors participating 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 City of Omaha. 3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; ; EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORKFORCE DATA WITH EACH BID (Protected Class as defined as Black, Hispanic,Asian and Pacific Islander,American Indian or Alaskan Native, Female) Total Employees Protected Class Males - Protected Class Females Date Total Total Black Hispanic Asian or American Black Hispanic Asian or American Work Protected Pacific Indian or Pacific Indian or Force Class Islander Alaskan Islander Alaskan Native Native Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department at(402)444-7155 or as shown on bid. 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 Rights and 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 Rights and Relations Department. Any question regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. (Please print legibly or type) Firm's Name: (Date of Signing) Signature: (Print Name) (Title) (Signature) ATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, 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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department, 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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title Date of Signing Firm or Corporate Name Address _Telephone Number making determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Rights and Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Rights and Relations Department may from time to time conduct. . PBE/DBE Reporting and Record Keeping Requirements. ]. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening recording this project and has afforded subcontractors participating 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 City of Omaha. 3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; ; EXHIBIT "C" • ' QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES. This form must be submitted within 10 calendar days of the end of each calendar quarter, from the start of the project. Company Name: Project Number: Project Name: Total Contract Amount: Calendar Quarter Covered by this Report: 1st 3rd —2nd -4th Year 200 I. Protected and/or Disadvantaged Contractors Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to Proceed (NTP), are currently performing work, and are contemplated to perform-work during the duration of the City of Omaha Contracts. Name and total dollars committed and paid. • Name of Protected and/or Disadvantaged Dollars Paid During Dollars Paid Since Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any question regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. (Please print legibly or type) Firm's Name: (Date of Signing) Signature: (Print Name) (Title) (Signature) ATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, 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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department, 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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title Date of Signing Firm or Corporate Name Address _Telephone Number making determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Rights and Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Rights and Relations Department may from time to time conduct. . PBE/DBE Reporting and Record Keeping Requirements. ]. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening recording this project and has afforded subcontractors participating 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 City of Omaha. 3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; ; c-25a CITY OF OMAHA LEGISLATIVE CHAMBER • Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on March 19, 2008 for the purchase of galvanized U posts to be utilized by the Traffic Maintenance Division; and, WHEREAS, Midwest Service & Sales submitted a bid of$102,248.00, being the lowest and best bid received within the bid specifications, for the purchase of galvanized U posts. 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 Midwest Service & Sales for the purchase of galvanized U posts to be utilized by the Traffic Maintenance Division in the amount of $102,248.00; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Traffic Control Signs Organization 116188, year 2008 expenditures. 1106scp APPROVED AS TO FORM: 6s-'54-- CITY ATTORNEY DATE /04440/ By 94.1.44- Councilmember Adopted MAY 13 Ma 7 0 ..arizda DE Clerk .Y City Approved .. 1 T l�O� (Date of Signing) Signature: (Print Name) (Title) (Signature) ATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, 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 PBE/DBE 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made 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 Director of the Human Rights and Relations Department, 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 Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title Date of Signing Firm or Corporate Name Address _Telephone Number making determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Rights and Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Rights and Relations Department may from time to time conduct. . PBE/DBE Reporting and Record Keeping Requirements. ]. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter,from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening recording this project and has afforded subcontractors participating 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 City of Omaha. 3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; ; o— Oq ' m : A! ~ CD ® ,0 R § n §• . 3` " g 2 0 ® O m g O" . w n # § 0 7 � m § Ct.I `\ ` 0 0 0 / K o O - & 7q 70 t § ( - ° 0 / pa crt k / k §. $ r 0 \ / � m § 7 a S „ \ k G K 2 § E / S / 4 p k 7 v) c) 0 7 7 U 0 cr , D R . 00 0 o o o cn m o -_ . \ .