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RES 2006-1105 - PO to Mallard Sand & Gravel for sand/gravel mix • • 0, HA•Art_ R !'S E E C t D Public Works Department ��ems•► �� Omaha/Douglas Civic Center z �hl� J t� � � i C 11� 1 1819 Farnam Street,Suite 601 ® !2l �! w September 26, 2006 Omaha,Nebraska 68183-0601 ('C•�� r,, ,.. ",d (402)444-5220 o Q. � ��La:.i,io 4rEn FEHR°' E r. Fax(402)444-5248 OMAHA, liE132 SK City of Omaha 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 Resolution authorizing the Purchasing Agent to issue a Purchase Order to Mallard Sand & Gravel on the bid for the purchase of approximately 20,000 tons of sand/gravel mix to be delivered to Street Maintenance Facilities. This mixture is used on City streets in the winter season to afford better traction in icy conditions. Contractor Bid Per Ton Primary Secondary Material Material MALLARD SAND &GRAVEL $8.57 $7.36 Lyman Richey Sand& Gravel $8.95 $7.70 The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Rights and Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. The Finance Department is authorized to pay the cost of the purchase of approximately 20,000 tons of sand/gravel mix from the Snow and Ice Control Organization 116154, Street and Highway Allocation Fund 12131, year 2006 expenditure. The Public Works Department recommends the acceptance of the above referenced bids and requests your consideration and approval of this Resolution. tfully submitted, Ref ed to City Council for Consideration: 9-iz oil" �/3—oG obert G. tubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: 9)41- (01/ Carol A. Ebdon Date Gail Kin ey o pson fg - Date Finance Director Human Rights and Relations Director P:\PW 1\7104sap.doc lies contributed must be valued, per MAPA Administrative Policy and Procedures. (See Schedule E). COST ALLOCATION TO PROJECTS Each project that is active during the fiscal year receives an allocation of costs on a monthly (*) basis as follows: A. Direct personnel costs for the month B. Direct non-personnel costs for the month C. A share of all indirect costs for the month The monthly share of indirect costs charged to each project is determined by the ratio of each respective project's direct personnel costs relative to the total direct personnel costs of all projects. 3 in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph(1) through(6)in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,order,or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,however,that,in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT"B" to compete for subcontract work under this contract. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , D ~ w d w D a • _ vw z - • w l H — U Z — d . • • • � w — U 0 a _ w Z — 4 . _ U L� s ` 1 D Ce ` • -cam 4c3)st, Hi $ ,,,,_ . * icr 1 3 0 `` t Z Q Fa m co e� O 1 N v c• Z` 03 O ca in 401:4: Z 8 a• — •co 0 • O C) O o c p D CL U > Q ' Ce ? c E Z 2 2 co Z c E Q Z. O w > oTo G 0 C9 o a U m Z > C o > E N L Q i� Z N 'j M O = y V d C O 0 co CO al Lo N 0 V)cti Cl)Q c y C b„g in D N -J c O 0 E m TO 0 0 4 °' rn 21. 7 N F- 0 < o in a w N $7.70 The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Rights and Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. The Finance Department is authorized to pay the cost of the purchase of approximately 20,000 tons of sand/gravel mix from the Snow and Ice Control Organization 116154, Street and Highway Allocation Fund 12131, year 2006 expenditure. The Public Works Department recommends the acceptance of the above referenced bids and requests your consideration and approval of this Resolution. tfully submitted, Ref ed to City Council for Consideration: 9-iz oil" �/3—oG obert G. tubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: 9)41- (01/ Carol A. Ebdon Date Gail Kin ey o pson fg - Date Finance Director Human Rights and Relations Director P:\PW 1\7104sap.doc lies contributed must be valued, per MAPA Administrative Policy and Procedures. (See Schedule E). COST ALLOCATION TO PROJECTS Each project that is active during the fiscal year receives an allocation of costs on a monthly (*) basis as follows: A. Direct personnel costs for the month B. Direct non-personnel costs for the month C. A share of all indirect costs for the month The monthly share of indirect costs charged to each project is determined by the ratio of each respective project's direct personnel costs relative to the total direct personnel costs of all projects. 3 in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph(1) through(6)in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,order,or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,however,that,in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT"B" to compete for subcontract work under this contract. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , DOUGLAS COUNTY • REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA:SAND-GRAVEL FROM: P.M.Burke Published- August 16,2006 Asst.Douglas County Purchasing Agent NOT AN ORDER P e 1 902 Omaha-Douglas Civic Center 1819 Famam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT • Omaha,Nebraska 68183-0902 OF $500.00 IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS$20,000 OR MORE. Bid Closing Date 11:00 A.M. August 30,2006 IMPORTANT 4. If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished. Do not include tax in bid. 1.Bid must be in the office of the CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC CENTER, 1819 Famam Street,Omaha,NE 6B18:31011 by the closing date and time indicated. in a sealed envelop marked BID ON: 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CITY OF OMAHA:SAND-GRAVEL S. When submitting bid on items listed,bidder may on a separate sheet,make 2.As evidence of good faith a bid bond or certified check must be submitted with bid. suggestions covering reduction in costs wherever this is possible through FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,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 bidders shall /. If you do not desire to bid,return sheets with reasons for declining. Failure to do so have the right to appeal any decision to the City Council. Right is also reserved to will indicate your desire to be removed from our mailing list. If you desire a copy of accept or reject any part of your bid unless otherwise indicated by you. tabulation,check[ ]. PLEASE DO NOT CALL FOR THIS INFORMATION. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below: • QUANTITY DESCRIPTION UNIT PRICE . EXTENSION • Sand- Gravel furnished and delivered to various locations in the City of Omaha, all as per the City's four(4)sheets of specifications dated July 27,2006. To be delivered as needed throughout a one-year period, ending October 31, 2007. Successful bidder to be paid on a monthly basis. Estimated 20,000 tons SAND-GRAVEL-Primary material BID/ton $ 8 S 77 $ 1 T I, /4 d0 Secondary material ASTM C-33 BID/ton $ 7 3� $ Quantities given are estimated only. Questions regarding this bid may be directed to Donna Kaluza • at(402)444.4941. ' i eSs pf,55I 61-e, 0 t5COc)Yu A\ -44A be 4c riCLlcin ?>_ 0.c Cs441246 Ca, All contractors can oorain a current uity or umana t:errnea I'rotecsea uusiness tinerpnse/uervnea Business tnterpnse(rwtJUrlt)listing worn me ulry or umana weosite at _ www.ci.omaha.ne.us. Click on'DEPARTMENTS%Click on'HUMAN RELATIONS';Click on'PBE/DBE CERTIFIED LISTINGS'. All bidders awarded a contract in the amount of$b,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any questions regarding the Contract Compliance Ordinance or PBE/DBE Listings should be directed to the Human Relations Department at(402)414 bO55. " river any mescals reoar(ana me uiu or J-'tt.it-il:A t viva orecty to me rurcnasino Ueoamnent t4w444-/loci or as snows on Did, (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms jbQ %3O hiys Firm MO In i3 Sa J �G tmJ et CO _ Inco t in 9 • Delivery(or completion) Name I) ]•trina P k 64ril4-rr)a a''1 Signature calendar days following award Title ircc Phone`1Da1 35'g-saa Fax` 0Q-3t i t-oact t'7 OQo Address P.0, 'Bolt 4,3f Valley rl CD SQX,4-t Street/P.O.Box City State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , . • DOUGLAS COUNTY REQUEST FOR BIDS ON: CITY OF OMAHA: SAND-GRAVEL NOT AN ORDER- Page 2 QUANTITY DESCRIPTION UNIT PRICE EXTENSION PERFORMANCE BOND The contractor shall provide a performance bond of$5,000.00 within ten(10)calendar days from award of the contract. NOTE: REQUIREMENTS FOR BID OR PERFORMANCE BOND The surety company issuing the bid bond or the performance bond should be licensed by the State of Nebraska and listed on the current edition of Circular 570 of the United States Department of the Treasury. A certified check,an official bank check,or cashier's checks drawn on a national bank or a bank chartered under the laws of the state,payable to the city,or lawful money of the United States,or a United States Government Bond(negotiable)are acceptable substitutes for bond requirements. SIGN ALL COPIES Firm 1 1 ►CI 1 i(`O h(j ? G r'a U L( By Title , r'S CONTINUATION SHEET PH-8C (91) te sheet,make 2.As evidence of good faith a bid bond or certified check must be submitted with bid. suggestions covering reduction in costs wherever this is possible through FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,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 bidders shall /. If you do not desire to bid,return sheets with reasons for declining. Failure to do so have the right to appeal any decision to the City Council. Right is also reserved to will indicate your desire to be removed from our mailing list. If you desire a copy of accept or reject any part of your bid unless otherwise indicated by you. tabulation,check[ ]. PLEASE DO NOT CALL FOR THIS INFORMATION. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below: • QUANTITY DESCRIPTION UNIT PRICE . EXTENSION • Sand- Gravel furnished and delivered to various locations in the City of Omaha, all as per the City's four(4)sheets of specifications dated July 27,2006. To be delivered as needed throughout a one-year period, ending October 31, 2007. Successful bidder to be paid on a monthly basis. Estimated 20,000 tons SAND-GRAVEL-Primary material BID/ton $ 8 S 77 $ 1 T I, /4 d0 Secondary material ASTM C-33 BID/ton $ 7 3� $ Quantities given are estimated only. Questions regarding this bid may be directed to Donna Kaluza • at(402)444.4941. ' i eSs pf,55I 61-e, 0 t5COc)Yu A\ -44A be 4c riCLlcin ?>_ 0.c Cs441246 Ca, All contractors can oorain a current uity or umana t:errnea I'rotecsea uusiness tinerpnse/uervnea Business tnterpnse(rwtJUrlt)listing worn me ulry or umana weosite at _ www.ci.omaha.ne.us. Click on'DEPARTMENTS%Click on'HUMAN RELATIONS';Click on'PBE/DBE CERTIFIED LISTINGS'. All bidders awarded a contract in the amount of$b,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any questions regarding the Contract Compliance Ordinance or PBE/DBE Listings should be directed to the Human Relations Department at(402)414 bO55. " river any mescals reoar(ana me uiu or J-'tt.it-il:A t viva orecty to me rurcnasino Ueoamnent t4w444-/loci or as snows on Did, (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms jbQ %3O hiys Firm MO In i3 Sa J �G tmJ et CO _ Inco t in 9 • Delivery(or completion) Name I) ]•trina P k 64ril4-rr)a a''1 Signature calendar days following award Title ircc Phone`1Da1 35'g-saa Fax` 0Q-3t i t-oact t'7 OQo Address P.0, 'Bolt 4,3f Valley rl CD SQX,4-t Street/P.O.Box City State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , *Possible discounts that may be taken advantage of The City of Omaha may,at its discretion,take advantage of the following discount. This will be a discount from the bid price on the bid form. Because of high fuel and overtime costs,Mallard Sand and Gravel Co.will apply a discount to all materials that are ordered,which can be and are scaled out for delivery between the hours of 8:00 am and 4:00 pm on Monday through Friday by 2.per ton.All tickets have the date and time of day displayed on them.All other materials delivered will be billed at the bid price.Some planning by the City and co-ordination with Mallard Sand and Gravel can provide a sizable savings to the City. If Mallard Sand and Gravel is the successful bidder and is awarded the contract,the City purchasing department must let Mallard Sand and Gravel Co.know of its intention to take advantage of this discount before any work would commence. 9 ment P:\PRPP 1\16638ma£doc • 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 Pbt and/or Ubts. Should the below listed l'bt and/or Ubb subcontractor be determined to be unable to perform successfully or is not performing satistactonly, the Contractor shall obtain prior approval trom the Human High& and Relations Uepartment Director or a designee, for substitution of the below listed subcontractor with a Ulty of Omaha certified PBt and/or Ult. In submitting this form, the bidder is certifying that it has contacted City of Omaha Human Rights and Relations Uepartment 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(%) j noawe Q.otngi [i£ 3 - rocLtvis (Pot% rtquesE 37,ioo aa7a • Totals 3-7, 10 0 a a 70 '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 Undersi ed/ oonntract will be subject to the terms of any future Contract Awards. Signature Title PAS ` / COate of Signing Al aq l dG, Firm or Corporate Name f�L1Qfa G Qte 01 l>� ttw- ` - Address0. )O &3E3i at1e41 flZ to80( _Telephone Number ` oa-3.51-Sabi (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms jbQ %3O hiys Firm MO In i3 Sa J �G tmJ et CO _ Inco t in 9 • Delivery(or completion) Name I) ]•trina P k 64ril4-rr)a a''1 Signature calendar days following award Title ircc Phone`1Da1 35'g-saa Fax` 0Q-3t i t-oact t'7 OQo Address P.0, 'Bolt 4,3f Valley rl CD SQX,4-t Street/P.O.Box City State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , • EXHIBIT "B" ' CONTRACTOR EMPLOYMENT DATA BIDDERS ARE REQUIRED TO SUBMT THE FOLLOW NG WORK FORCE DATA WTH EACH BID (Protected Class is defined as Black,Hispanic,Asian and Pacific Islander,American Indan or Alaskan Native,Ferrate.) Total Employees Protected Gass Wes Protected Class Females American American Total Total Asian or Indan or Asian cr Indan or VUxk Protected Pacific Alaskan Pacific Alaskan ite Force Class Black Hispanic Islander Native Black Hispanic Islander Native V1ktite 8/ IQ6 *Refer any questions regardnq the BID or SPECIFICAT1ONS drectly to the Purchasing Departr ent(402)44 -5400 or as shown on , i bidders awarded a contract in the amount of$5,000 or mare rrust comply with the Contract Compliance Ordnance and have on file with the Human Rights aid Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 rrarrtta from the date received by the Human Rights and Relations Department. My Questions regaling the Contract Con'iance Ordnance should be drected to the Human tights and Relations Department at(402)444-5055. (P',_=itiSE PRINT LEGIBLY OR TYPE) Firm's Name: R\ s- sa Cjc rc ,G\ C 81 as/O( (Date of Signing) Signature: in;C11h g c_, .SN Pct-ktv<1 f1 reS ,11/11 (Print Name) (Title) (Signature) is 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 Undersi ed/ oonntract will be subject to the terms of any future Contract Awards. Signature Title PAS ` / COate of Signing Al aq l dG, Firm or Corporate Name f�L1Qfa G Qte 01 l>� ttw- ` - Address0. )O &3E3i at1e41 flZ to80( _Telephone Number ` oa-3.51-Sabi (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms jbQ %3O hiys Firm MO In i3 Sa J �G tmJ et CO _ Inco t in 9 • Delivery(or completion) Name I) ]•trina P k 64ril4-rr)a a''1 Signature calendar days following award Title ircc Phone`1Da1 35'g-saa Fax` 0Q-3t i t-oact t'7 OQo Address P.0, 'Bolt 4,3f Valley rl CD SQX,4-t Street/P.O.Box City State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , UO/ LJ/4UUO J. 1J 4Ut J/1J00( y VVr ll`i �VivJ:i:�` I iU:'i rriUC U� �� w�..y,t„�,i,�p�,14..tejr�wn�:y e.:f�{. �(Yi .col WO wei W.9aifl• ••�R:.. ♦Yc.��1.a y�" ..filM'7+' • • ovks4, '' sr"� Human Relation*Department lr )).f$ Chnshs/D-JugJ Civic Cerur 7,8t9 Ps n.n,Saeeg,Suite 502 Omaha,Nehm►ks 681 EC-0502 (402)444.5055 Cry of Omaha Testis(402)444.505s Mike Fahey.Mayor / Gal Ir4nsay Thompson Mector April 1, 2005 Linda Swain,president Swain Construction,Inc. 6002 N. 89''Circle Omaha,NE 68134 CERTIFICATION FOR PROTECTED BUSINESS ENTERPRISE • The Human Relations Department has received your application to be iecognizez by the City of Omaha as a protected business enterprise (a.k.a. minority/female business enterprise). We are please to inform you that your firm meets the eligibility requirements for recognition as a protected business enterprise. Should there be any changes in the controlling interests of your firm, or change of address/telephone number, please notify this office of the changes in writing. This Protected Business Enterprise" certification shall be in effect, for 24 months from the date noted on this report_ We would like to thank you for completing the form for certification which we feel will strengthen the city's program to assist your flan in its efforts to market to major corporations nationwide. If you have any questions relative to this communication,please contact me at 444-5055. Sincerely, • .... ._ - al./• .0 i•%i<,�fi�:w` •j i t .� • Gail Kinsey Th6mpson,Director Omaha Human Relations Department 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/ oonntract will be subject to the terms of any future Contract Awards. Signature Title PAS ` / COate of Signing Al aq l dG, Firm or Corporate Name f�L1Qfa G Qte 01 l>� ttw- ` - Address0. )O &3E3i at1e41 flZ to80( _Telephone Number ` oa-3.51-Sabi (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms jbQ %3O hiys Firm MO In i3 Sa J �G tmJ et CO _ Inco t in 9 • Delivery(or completion) Name I) ]•trina P k 64ril4-rr)a a''1 Signature calendar days following award Title ircc Phone`1Da1 35'g-saa Fax` 0Q-3t i t-oact t'7 OQo Address P.0, 'Bolt 4,3f Valley rl CD SQX,4-t Street/P.O.Box City State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , ZJKTY17 4. 1"14Ut VJ1 PROPOSAL SWAIN CONSTRUCTION, INC. 6002 N. 89TH CIRCLE i OMAHA, NE 68134 (402) 571-1110 To: Mallard Sand&Gravel Phone: bat.: P.O. Box 638Valley, NE 68064/ 359-5287 08/29/06 Job Name/L.ocatlon CITY ICE CONTROL Attn: Mike Stratrnan Fax Number. 'Job Phone: 359-2917 We here submit specifications and estimates for. DESCRIPTION OTY UNIT PRICE TOTAL Hauling only of Ice Control Material 10,000 TON $ 3.77 $ 37,700.00 Swain Construction is a PBE certified with the City of Omaha WE HEREBY PROPOSE to furnish material end labor-complete In accordance with the above sorrel for the sum of: Field Measured after installation Dollars is ai material:guaranteed to De at apeciri.d.AN wax to be mmpl.tod In a Authorized above spodeeeats nV VIr a ndn vats w5 be�exeabdM o upon or t n ordeal. fe. I • _ only upa►wrtllsn adees. $IgnYtu / and MN NeM upon a ... yea and above we estimate.Al agreement. Note: This proposal may be delete beyond our a nbd. Owner to cony tik tornado and rwcaesery Insurance. Our walw�s era coverall by withdrawn by us tf not accepted within 10 days. Worxmany Compan.mXn Ine„rame.. Acceptance of Proposal-The above prices,specifications and condlstlons are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payment wilt be Signature made as outlined above. Date of Acceptance: SIgnaturi ly, • .... ._ - al./• .0 i•%i<,�fi�:w` •j i t .� • Gail Kinsey Th6mpson,Director Omaha Human Relations Department 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/ oonntract will be subject to the terms of any future Contract Awards. Signature Title PAS ` / COate of Signing Al aq l dG, Firm or Corporate Name f�L1Qfa G Qte 01 l>� ttw- ` - Address0. )O &3E3i at1e41 flZ to80( _Telephone Number ` oa-3.51-Sabi (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms jbQ %3O hiys Firm MO In i3 Sa J �G tmJ et CO _ Inco t in 9 • Delivery(or completion) Name I) ]•trina P k 64ril4-rr)a a''1 Signature calendar days following award Title ircc Phone`1Da1 35'g-saa Fax` 0Q-3t i t-oact t'7 OQo Address P.0, 'Bolt 4,3f Valley rl CD SQX,4-t Street/P.O.Box City State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , Telephone#list for the City of Omaha Ice Control contacts with Mallard Sand and Gravel Main office hours: 8:00 am to 4:30 pm,Monday through Friday Dispatch office hours: 7:00 am to 4:00 pm,Monday through Friday • Office# 402-359-5287 Dispatch# 402-331-1669(Bob) Bobs cell 3 O(n' 091 After hours#'s 1)Scott Klug General Mng. 510-9084 cell 721-9214 home 2)Bob Simon Head dispatcher 707-2768 cell 3)Dan Rogert Maintenance Super. 510-9082 cell 359-2636 home 4) Aa Dispatcher 699-3736 cell 699-4004 cell 5)John DeMarr Truck Super. 510-9088 cell 333-1902 home 6)Mike Stratman Pres 690-3690 cell 359-2824 home If Mallard Sand and Gravel is the successful bidder and is awarded the contract,the City purchasing department must let Mallard Sand and Gravel Co.know of its intention to take advantage of this discount before any work would commence. 9 ment P:\PRPP 1\16638ma£doc • - DOUGLAS COUNTY• J.T. . REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA:SAND-GRAVEL • FROM: P.M.Burke • Published August 16,2006 Asst.Douglas County Purchasing Agent NOT AN ORDER P e 1 902 Omaha-Douglas Civic Center 1819 Famam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT Omaha,Nebraska 68183-0902 OF $500.00 IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS$20,000 OR MORE. Bid Closing Date 11:00 A.M. August 30,2006 IMPORTANT 4. If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished. Do not include tax in bid. 1.Bid must be in the office of the CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC CENTER, 1819 Famam Street,Omaha,NE 68183-001 t'by the closing date and time indicated. in a sealed envelop marked BID ON: 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CITY OF OMAHA:SAND-GRAVEL 6. When submitting bid on items listed,bidder may on a separate sheet,make 2.As evidence of good faith a bid bond or certified check must be submitted with bid. suggestions covering reduction in costs wherever this is possible through FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,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 bidders shall /. If you do not desire to bid,return sheets with reasons for declining. Failure to do so have the right to appeal any decision to the City Council. Right is also reserved to will in icate your desire to be removed from our mailing list. If you desire a copy of accept or reject any part of your bid unless otherwise indicated by you. tabulation,check[Xi. PLEASE DO NOT CALL FOR THIS INFORMATION. • Quote your lowest price,best delivery and terms,F.O.B.delivery point on the items)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION Sand-Gravel furnished and delivered to various locations in the City of Omaha, all as per the City's four(4)sheets of specifications dated July 27,2006. To be delivered as needed throughout a one-year period, ending October 31, 2007. Successful bidder to be paid on a monthly basis. Estimated 20,000 tons SAND-GRAVEL-Primary material BID/ton $ 8.95 $ 179,000.00 Secondary material ASTM C-33. BID/ton $ 7.70 $ 154,000.00 Quantities given are estimated only. Questions regarding this bid may be directed to Donna Kaluza • at(402)444-4941. • All contractors can Dolan a current uny or umana t;erunea rrotectea Lousiness tnterpnserueraae0 Lousiness tnterpnse I?Lotruerq nsung from me utty or umana weosne at www.ci.omaha.ne.us. Click on'DEPARTMENTS';Click on'HUMAN RELATIONS';Click on'PBEJDBE CERTIFIED LISTINGS'. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any questions regarding the Contract Compliance Ordinance or PBEJDBE Listings should be directed to the Human Relations Department at(4(T2)444--4136. Jteter any osesnons recargmo me uiu or br'tl;nrtt;Ai lUNA precut/to me rurcnastna ueoartmem 14UL1444r'n30 or as snown on oia. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms NET% 30 Firm LYMAN—RICHEY SAND & GRAVEL COMPANY /� Incorporat in Delaware Delivery(or completion) Name Mark Deetz SignaWr€ ��✓ 2tf' 7 calendardaystollowingaward Trt� Vice Pres. of Sales Phone (407) 5SR-7777 Fax (407) 5S 71 Address 4315 COMING ST., OMAHA NE 681 StreetP.O.Box City State Zip Email Address mark.deetz@lymanrichey.com ity State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , • • DOUGLAS COUNTY REQUEST FOR BIDS ON: CITY OF OMAHA: SAND-GRAVEL NOT AN ORDER ` Page 2 QUANTITY DESCRIPTION UNIT PRICE EXTENSION PERFORMANCE BOND The contractor shall provide a performance bond of$5,000.00 within ten(10)calendar days from award of the contract. NOTE: REQUIREMENTS FOR BID OR PERFORMANCE BOND The surety company issuing the bid bond or the performance bond should be licensed by the State of Nebraska and listed on the current edition of Circular 570 of the United States Department of the Treasury. A certified check,an official bank check,or cashier's checks drawn on a national bank or a bank chartered under the laws of the state,payable to the city,or lawful money of the United States,or a United States Government Bond(negotiable)are acceptable substitutes for bond requirements. SIGN ALL COPIES Firm L —RICHEY SAND & GRAVEL COMPANY By'� rf t � Mark Deetz Title Vice Preside of Sales CONTINUATION SHEET PH-8C (91) 2.As evidence of good faith a bid bond or certified check must be submitted with bid. suggestions covering reduction in costs wherever this is possible through FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,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 bidders shall /. If you do not desire to bid,return sheets with reasons for declining. Failure to do so have the right to appeal any decision to the City Council. Right is also reserved to will in icate your desire to be removed from our mailing list. If you desire a copy of accept or reject any part of your bid unless otherwise indicated by you. tabulation,check[Xi. PLEASE DO NOT CALL FOR THIS INFORMATION. • Quote your lowest price,best delivery and terms,F.O.B.delivery point on the items)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION Sand-Gravel furnished and delivered to various locations in the City of Omaha, all as per the City's four(4)sheets of specifications dated July 27,2006. To be delivered as needed throughout a one-year period, ending October 31, 2007. Successful bidder to be paid on a monthly basis. Estimated 20,000 tons SAND-GRAVEL-Primary material BID/ton $ 8.95 $ 179,000.00 Secondary material ASTM C-33. BID/ton $ 7.70 $ 154,000.00 Quantities given are estimated only. Questions regarding this bid may be directed to Donna Kaluza • at(402)444-4941. • All contractors can Dolan a current uny or umana t;erunea rrotectea Lousiness tnterpnserueraae0 Lousiness tnterpnse I?Lotruerq nsung from me utty or umana weosne at www.ci.omaha.ne.us. Click on'DEPARTMENTS';Click on'HUMAN RELATIONS';Click on'PBEJDBE CERTIFIED LISTINGS'. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any questions regarding the Contract Compliance Ordinance or PBEJDBE Listings should be directed to the Human Relations Department at(4(T2)444--4136. Jteter any osesnons recargmo me uiu or br'tl;nrtt;Ai lUNA precut/to me rurcnastna ueoartmem 14UL1444r'n30 or as snown on oia. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms NET% 30 Firm LYMAN—RICHEY SAND & GRAVEL COMPANY /� Incorporat in Delaware Delivery(or completion) Name Mark Deetz SignaWr€ ��✓ 2tf' 7 calendardaystollowingaward Trt� Vice Pres. of Sales Phone (407) 5SR-7777 Fax (407) 5S 71 Address 4315 COMING ST., OMAHA NE 681 StreetP.O.Box City State Zip Email Address mark.deetz@lymanrichey.com ity State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , • EXHIBIT "B" . CONTRACTOR EMPLOYMENT DATA BIDDERS ARE REQUIRED TO SUBNIT THE FOLLOW NG WORK FORCE DATA WTH EACH BID (Protected Class is defined as Black,Hispanic,Asian and Pacific Islander,American Indian a Alaskan Native,Ferrate.) Total Employees Protected aass Males Protected Class Females American American Total Total Asian a Incur a Asian a Indian a lAbrk Protected Pacific Alaskan Pacific Alaskan De Farce Class Black Iisparic Islarxler Native Blacc Hispanic Islander Native Write 8/29/06 100 9.- 1 0 0 1 0 0 0 0 7 *Refer any questions req_ardnq the BID a SPECIRCA11ONS directly to the Purchasing Department(402)444-5400 a as shown on �. AA bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and haie on file with the Human Rights and Relations Department the Contract Compliance Report(Farm 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 Ccr dance Ordnance should be directed to the Human Rights and Retatia.s Department at(402)444-5055. (P.SASE PRINT LEGIBLY OR TYPE) rirm's Name: LYMAN—RICHEY SAND & GRAVEL COMPANY 8/29/06 (Date of Signing) >ignature: Mark Deetz Vice President of Sales (Print Name) (Title) (Signatur r entirety and the bidders shall /. If you do not desire to bid,return sheets with reasons for declining. Failure to do so have the right to appeal any decision to the City Council. Right is also reserved to will in icate your desire to be removed from our mailing list. If you desire a copy of accept or reject any part of your bid unless otherwise indicated by you. tabulation,check[Xi. PLEASE DO NOT CALL FOR THIS INFORMATION. • Quote your lowest price,best delivery and terms,F.O.B.delivery point on the items)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION Sand-Gravel furnished and delivered to various locations in the City of Omaha, all as per the City's four(4)sheets of specifications dated July 27,2006. To be delivered as needed throughout a one-year period, ending October 31, 2007. Successful bidder to be paid on a monthly basis. Estimated 20,000 tons SAND-GRAVEL-Primary material BID/ton $ 8.95 $ 179,000.00 Secondary material ASTM C-33. BID/ton $ 7.70 $ 154,000.00 Quantities given are estimated only. Questions regarding this bid may be directed to Donna Kaluza • at(402)444-4941. • All contractors can Dolan a current uny or umana t;erunea rrotectea Lousiness tnterpnserueraae0 Lousiness tnterpnse I?Lotruerq nsung from me utty or umana weosne at www.ci.omaha.ne.us. Click on'DEPARTMENTS';Click on'HUMAN RELATIONS';Click on'PBEJDBE CERTIFIED LISTINGS'. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any questions regarding the Contract Compliance Ordinance or PBEJDBE Listings should be directed to the Human Relations Department at(4(T2)444--4136. Jteter any osesnons recargmo me uiu or br'tl;nrtt;Ai lUNA precut/to me rurcnastna ueoartmem 14UL1444r'n30 or as snown on oia. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms NET% 30 Firm LYMAN—RICHEY SAND & GRAVEL COMPANY /� Incorporat in Delaware Delivery(or completion) Name Mark Deetz SignaWr€ ��✓ 2tf' 7 calendardaystollowingaward Trt� Vice Pres. of Sales Phone (407) 5SR-7777 Fax (407) 5S 71 Address 4315 COMING ST., OMAHA NE 681 StreetP.O.Box City State Zip Email Address mark.deetz@lymanrichey.com ity State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , . 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 Pbt and/or Obis. Should the below listed Pbt and/or Ubt subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain pnor approval trom the Human Rights and Relations Department Utrector or a designee,tor substitution of the below listed subcontractor with a City of Omaha certified Pbt and/or Uet. In submitting this form, the bidder is certifying that it has contacted City of Omaha Human Rights and Relations Uepartment pnor 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(%) AS A MATERIAL SUPPLIER ONLY, WE DO NOT ANTICIPATE THE USE OF SUBCONTRACTORS IN THE PERFORMANCE OF • THIS CONTRACT. Totals *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the P BE/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 �� Mark Deetz Title VICE PRESIDENT OF SALES Date of Signing 08/29/06 Firm or Corporate Name LYMAN—RICHEY S GRAVEL COMPANY Address 4315 CU IING STREET Telephone Number (402) 558-2727 OMAHA, NE 68131 rm LYMAN—RICHEY SAND & GRAVEL COMPANY /� Incorporat in Delaware Delivery(or completion) Name Mark Deetz SignaWr€ ��✓ 2tf' 7 calendardaystollowingaward Trt� Vice Pres. of Sales Phone (407) 5SR-7777 Fax (407) 5S 71 Address 4315 COMING ST., OMAHA NE 681 StreetP.O.Box City State Zip Email Address mark.deetz@lymanrichey.com ity State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , C-25A CITY OF OMAHA + LEGISLATIVE CHAMBER Omaha,Nebraska ,-r RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: , WHEREAS, bids were received on August 30, 2006 for the purchase of approximately 20,000 tons of sand/gravel mix to be delivered to Street Maintenance Facilities; and, WHEREAS, Mallard Sand & Gravel submitted a bid of $8.57 per ton, being the lowest and best bid received for sand/gravel mix. 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 Mallard Sand& Gravel in the amount of$8.57 per ton, for the purchase of approximately 20,000 tons of sand/gravel mix for the 2006-2007 winter season; that the Finance Department is authorized to pay the cost from the Snow and Ice Control Organization 116154, Street and Highway Allocation Fund 12131, year 2006 expenditure. APPROVED AS TO F2-s-P RM: ���--� 9 go 1 0 0 DEPUPY CITY ATTORNEY DATE P:\PW 1\7105sap.doc By 9431.44 Councilmember Adopted SEP 2 6 2006 -0 '‘2/‘:: City Clerk h ♦j Approved y1'• ,a .6�J Mayor tals *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the P BE/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 �� Mark Deetz Title VICE PRESIDENT OF SALES Date of Signing 08/29/06 Firm or Corporate Name LYMAN—RICHEY S GRAVEL COMPANY Address 4315 CU IING STREET Telephone Number (402) 558-2727 OMAHA, NE 68131 rm LYMAN—RICHEY SAND & GRAVEL COMPANY /� Incorporat in Delaware Delivery(or completion) Name Mark Deetz SignaWr€ ��✓ 2tf' 7 calendardaystollowingaward Trt� Vice Pres. of Sales Phone (407) 5SR-7777 Fax (407) 5S 71 Address 4315 COMING ST., OMAHA NE 681 StreetP.O.Box City State Zip Email Address mark.deetz@lymanrichey.com ity State Zip f1 Q Email Address 4►ii Q fJSQ no) a crH ,Yle4 act. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- wages and prices. -4- ncil in establishing wages and prices. -4- ••;(.1....4, I: ...• • . . . — . 1 ii i • ! JAZOLLS MR .: :611 :•;: ......1 . • t i- ExHIBIT B 1 1 i , ''d N A) A) P v) cc) P • C CD �d Oaa. g � �� CD . a� I LA CO CD rn r.i. :.R N Cy CD UQ O 0 .cD O 4 o p, iiflhiU; 04 r+ r+ cl:r Co NOCD „ C-I i-'• CD O C Crt ,-.- C cn h r-r, D I-, D l •` `v 4004 cell 5)John DeMarr Truck Super. 510-9088 cell 333-1902 home 6)Mike Stratman Pres 690-3690 cell 359-2824 home If Mallard Sand and Gravel is the successful bidder and is awarded the contract,the City purchasing department must let Mallard Sand and Gravel Co.know of its intention to take advantage of this discount before any work would commence. 9 ment P:\PRPP 1\16638ma£doc