ORD 36923 - Amend section 10-196 of municipal code to allow addition time after bid opening to submit verification otAAHA,NFe
Law Department
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CityofOmaha t4EBRAStCkt\ Paul D.Kratz
Mike Fahey,Mayor City Attorney
•
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance amending Section 10-196 the Omaha Municipal Code.
The purpose of these changes is to allow additional time for bidders to supply written
verification that the DBE/PBE subcontractors have agreed to perform the work specified in the
bid. It would not allow additional time for submitting the bid, identifying the subcontractors, or
providing good faith documentation.
The Human Relations Department has assisted in preparing this amendment. Councilmember
Dan Welch requests your consideration and approval of the attached Ordinance.
Respectfully submitted
7) VI/re/kJ: ///9/04-
Mich lle Peters Date
Assistant City Attorney
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ORDINANCE NO. (3(43
AN ORDINANCE to amend Section 10-196 of the Omaha Municipal Code to allow additional
time for bidders to submit verification that DBE/PBE subcontractor(s) have agreed to
perform subcontracting work identified in the bid; that all other information required by the
bid specification must be submitted at the time the bid is opened; and to provide for the
effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That Section 10-196 of the Omaha Municipal Code is hereby amended to read
as follows:
Sec. 10-196. Disadvantaged Business Enterprise and Protected Business
Enterprise Subcontractors to be listed in the bid documents; compliance
determination; recommendation by human relations director.
(a) All bidders shall complete the requisite forms in the bid documents listing all
disadvantaged business enterprise and protected business enterprise subcontractors to be
utilized and the total amount of dollars or percentage of total dollars of each subcontract
shall be designated at the time the bid is opened. If the bid fails to meet the City's overall
yearly participation goals as set forth in Sec. 10-200, the bidder must demonstrate the
bidder's good faith effort to do so. Prior to the time thc bid is opened, thc bidder must have
b t.-. f{or that a subeo cto�av eed t erf rm the
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subeen
tr t' k ;de ti fe it the bi s„bm ttted by the bidder At the time the bid is
opened, or not later than 2:00 p.m. on the day of the opening of the bids, the bidders must
submit verification in writing from all disadvantaged business enterprise or protected
business enterprise subcontractors that said subcontractors have agreed to perform the
subcontracting work identified in the bid submitted by the bidder. The verification shall be
submitted to the City Clerk. All other information required by the bid specifications,
including the designation of the percentage or dollar amount of the DBE/PBE utilization and
the good faith efforts documentation must be submitted at the time the bid is opened. If a
bidder or any of its designated subcontractors desires to be considered a disadvantaged
business enterprise or protected business enterprise, the requisite forms need to be
completed and approved by the human relations department prior to the date of bid opening
on the project for which they are submitting a bid.
ORDINANCE NO. <-96a
Page 2
Section 2. That Section 10-196 of the Omaha Municipal Code as heretofore existing is
repealed.
Section 3. This Ordinance shall be in full force and take effect sixty (60) days from and
after its passage.
INTRODUCED BY COUNCILMEMBER
a? 4S ç74i14L C7Z4*--1044. APPROVED BY:
e 2/ 4
MAYOR OF THE CIT OF OMAHA ATE
PASSED FEB 9 2n05 — 0
ATTEST:
45
T CLERK, T CITY OF OMAHA DA E
APPROVED AS TO FORM:
.1
CITY ATTORNEY AT
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.
REQUEST TO LAW DEPARTMENT
RECEIVED
FOR LAW DEPARTMENT USE pNJ,,,Y
05 Sal 13 Pi•i .-)• ti
LOG BOOK # .. ;.
TO: Paul Kratz, City Attorney DATE ASSIGNED 0 i\, i;� B. a„.!v,,
t�, .
ASSIGNED TO
DATE: January 13, 2005 ANSWERED/SENT OUT
WITHDRAWN
REQUEST BE NG MADE BY: On behalf of Councilmember Dail Welch
Warre rk>y)
, Council Staff Assistant 6298
(Name) (Department) (Phone)
TIME LINE (Due Date): Council Agenda. January 25, 2005
12 Working Days from Date Received by Law Department
REQUEST FOR: Amendment to Section 10-196
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached")
Councilmember Welch requests that the Law Department prepare an amendment to
Section 10-196, as shown in the attached paper. He wants this to appear on the
January 25, 2005, Council Agenda on first reading.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
rm
c: Councilmembers, City Clerk, Gail Kinsey-Thompson (Human Relations
Director), Kathy Hendrix (Human Relations), Hank Vieregger (Public Works),
Carol Ebdon (Finance Director), Council Staff
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That Section 10-196 of the Omaha Municipal Code is hereby amended to read
as follows:
•
Sec. 10-196. Disadvantaged Business Enterprise and Protected Business Enterprise
Subcontractors to be listed in the bid documents; compliance determination;
recommendation by the Human Relations Director.
(a) All bidders shall complete the requisite forms in the bid docu iiients listing all
Protected Business Enterprise and/or Disadvantaged Business Enterprise
subcontractors to be utilized and the total amount of dollars or percentage of total
dollars of each subcontract shall be designated at the time the bid is opened. If
the bid fails to meet the City's overall yearly participation goals as set forth in
Sec. 10-200, the bidder must demonstrate the bidder's good faith effort to do so
prior to the time the bid is opened. At the time the bid is opened: or not later than
t V,o hours ollowing the opening of the bids, the bidders must submit verification
tn wrmng from all Protected Business Enterprise and/Dr Disadvantaged Business
Enterprise subcontractors that said subcontractors have agreed to perform the
subcontracting work identified in the bid submitted by the bidder. All other
information1 quired by the bid specifications. including the designation of the
percentage or dollar amount of PBE/DBE utilization and the good faith efforts
documentation must be submitted at the time the bid is opened. If a bidder or any
of its designated subcontractors desires to be considered a Protected Business
Enterprise and/or Disadvantaged Business Enterprise,the requisite forms need to
be completed and approved by the Human Relations Department prior to the date
of bid opening on the project for which they are submitting a bid.
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"NOTICE TO PUBLIC" THE DAILY RECORD
The following Ordinance has been set for
City Council hearing on February 1, 2005, OF OIUL1�r11 A Il A
at 2:00 p.m., in the Legislative Chambers, 1tf1
Omaha/Douglas Civic Center, 1819 Farnam
Street, at which hearing all persons RONALD A. HENNINGSEN, Publisher
interested,may heard.
ANORDINANCE to amend Section 10-196 B- PROOF OF PUBLICATION
AN to
of the Omaha Municipal Code to allow
additional time for bidders to submit
verification that DBE/PBE subcontractor(s) UNITED STATES OF AMERICA,
have agreed to perform subcontracting
work identified in the bid; that all other The State of Nebraska, ss.
infrrmation required by the bid specification District of Nebraska,
must be submitted at the time the bid is
opened; and to provide for the effective date County of Douglas,
hereof.
BUSTER BROWN, City of Omaha,
City Clerk
1-28-05
.— - — - LYNDA K.HENNINGSEN
being duly sworn,deposes and says that she is
ASSOCIATE PUBLISHER
of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
January 28, 2005
T},NATYP during that time was regularly published and
in f• t he Coun of Dougl State of Nebraska.
f:37.5•: L,6u cribed in my presence and to before
blislser's Fee $14 0 me this 2 h day of
A ititcJJq jGp e $•° Janua y 2005
`` f., $1
Notary Pub in uglas County,
S of ebraska
T .
"NOTICE TO PUBLIC" THE DAILY RECORD
ORDINANCE NO.36923
AN ORDINANCE to amend Section 10-196 OF OMAHA
II A
of the Omaha Municipal Code to allow 111L111L1
additional time for bidders to submit
verification that DBE/PBE subcontractorlsl RONALD A. IIENNINGSEN, Publisher
have agreed 'to perform subcontracting PROOF OF PUBLICATION
work identified in the bid; that all other
information required by the bid specification
must be submitted at the time the bids
opened; and to provide for the effective date UNITED STATES OF AMERICA,
hereof.
SUMMARY: The State of Nebraska, ss.
AN ORDINANCE to amend Section 10-196 District of Nebraska,
of the Omaha Municipal Code to allow
additional time for bidders to submit County of Douglas,
verification that.DBE/PBE subcontractorls) City of Omaha,
have agreed to perform subcontracting
work identified in the bid; that all other
information required by the bid specification LYNDA K. HENNINGSEN
must be submitted at the time the bid is
opened; and to provide for the effective date beingdeposesy hereof. duly sworn, and says that she is
PASSED: February 8,2005, 7-0
APPROVED BY: ASSOCIATE PUBLISHER
MIKE FAHEY 2/10/05
MAYOR OF THE of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
CITY OF OMAHA
BUSTER BROWN, published daily in the English language, having a bona fide paid
City Clerk circulation in Douglas County in excess of 300 copies, printed in
2-16-05
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
February 16, 2005
d ve> 3aper during that time was regularly published and
in. ne .eircu°la£ir .in the Co of Douglas and State of Nebraska.
`fit .C99tI:i./;4'•.yrp #
--�-
I; -r2; Y ub cribed in my presence and swo n to before
rg
rr{1�, ubisherSa•Fee.-• $ •� �•• o me this 16 th day of
t ditignal,Copies,I$ 1' �Yy FPhr11Ar 20/-v5
*`•;h}`6a'', �`` � J
``= ..: 6 f`O o'er- Notary Publi i a fo uglas County,
`` =s^'" of Nebraska
INTER-OFFICE COMMUNICATIONRECEIVFD
05JAN3I PH 3: 03
January 31, 2005
TO: Councilmember "°
FROM: Warren r, Chief of Staff
SUBJECT: Agenda Item #28 - DBE/PBE Bidding
Agenda Item #28 is an ordinance to amend Section 10-156 of the Bidding
Process proposed by Councilmember Welch to allow prime contractors until
2:00 p.m. of bid day to submit the additional bid verification numbers from
any subs. This is not additional time to change a bid or substitute a
DBE/PBE, only to provide additional time for bid verification data.
Councilmember Welch has met with several prime contractors who
recommend two additional hours after the bid meeting closes. To insure
there is one standard and a known time, the amendment for the City Code
will specify 2:00 p.m., which would accommodate two hours after most bid
opening meetings. Most meetings last 20-30 minutes, but some have
approached 50 to 60 minutes. All data is submitted to the City Clerk,
according to this proposed amendment.
WW/wl
c: Buster Brown, City Clerk
Pat Burke, City Purchasing
Gail Kinsey Thompson, Human Relations Director
Carol Ebdon, Finance Director
Hank Vieregger, Public Works Director
Council Staff
AGENDA ITEM #28
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