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RES 2004-0362 - Bid from LawnSmith & Co Inc for playgrounds in Parkside Park �� F o`„^Fe�� �� ! ` Parks, Recreation & c,G►,�� s; `• P 1� �' Public Property Department ge.iar , n VA . .A..,, Omaha/Douglas Civic Center 't 1�' c si ,. -Y 1819 Famam Street,Suite 701 �®�' C� � ,t► y ti a• 7:44.. 7;.cc:. .1n `-p S•£ Omaha,Nebraska 68 1 83-070 1 op Q�ry 0 rA f,,v{*A a (402)444-5900 4TFD FEBR�r ' FAX(402)444-4921 City of Omaha �.N.Foster Mikeahey,Mayor March 23, 2004 Larry g Director Honorable President And Members of the City Council, Transmitted herewith is a BID TABULATION and a RESOLUTION authorizing the Purchasing Agent to issue a Purchase Order to LawnSmith & Co., Inc., 3731 State Street, Omaha NE, 68112, to furnish all labor, materials and equipment necessary to remove existing playgrounds and install new playgrounds in the same location and install park benches throughout Parkside Park, located at 14120 Pine Street, for the Parks, Recreation and Public Property Department. The following bids were received on March 3, 2004: VENDOR BID LAWNSMITH & CO., INC. $58,000.00 Swain Construction $65,568.96 Dostals Construction $69,250.00 A&J Construction No Bid The Finance Department is authorized to pay the cost of this project in the total amount of $58,000.00 from 2000 Parks & Recreation Bond Fund No. 13352, Organization No. 131621 Recreation and Culture Bond, and Activity/Project No. 0347, Parkside Park Rehabilitation The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the contractor to ensure compliance. The Parks, Recreation and Public Property Department recommends the acceptance of the bid from LawnSmith & Co., Inc. being the lowest and best bid received, and requests your consideration and approval of this Resolution. j ;r, rector t lly ubmitted, Approved: Or/(W 3/4y ( DeP� Parks, Recreation and Human Relations Department Public Property Department Approved as to Funding: Refe rred to City Council for Consideration: Z/-4 �,t�rce J. IZ Q 3 ' 2- _ o Stanley P. 1mm, Director 0 Date Mayor's Office Date Finance Department ��" P:\Prpp 1\14150maf.doc • • z � zL- a I- 'le) z2 . t_ w c z U f a • o w c..5‘. ..) j a (N_ 0 (k- . - ‘..c .A.. a. F- w z U D CL 1 0 m Q 0 m E" o c Z o 0 0 iii C M • Z y- c> ca un eL O O O o 0 RS N CL V. n c t _ �� O • • a) Q- ,c o U :. co C Q Q\R) „ C '- U = U w n� n s4-O 'NCI UD `"cf0 rL w • -o a2 U O D .-. o LCo a zN a Co Ym .o °'QQ = N =..I 0- Ma 8. o -c 1CO0 Q CQo o aF- NP--B(2001)-Blue Bid Form . CITY OF OMAHA • REQUEST FOR BID AND BID SHEET ON PARKSIDE PARK PLAYGROUNDS FROM: Pat Burke Published: FEBRUARY 11, 2004 Acting City Purchasing Agent 1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of 7 Pages 1819 Farnam Street Omaha, Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE TO: AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS $20,000 OR MORE Bid Closing Date: 11:00 A.M. MARCH 3, 2004 IMPORTANT 1.Bid must be in the office of the CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC CENTER, 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. 1819 Farnam Street, Omaha, NE 68183-0011 by closing date and time indicated, in 6. When submitting bid on items listed, bidder may n a separate sheet,make suggestions sealed envelope marked BID ON: PARKSIDE PARK PLAYGROUNDS covering reduction in costs wherever this is p sible through redesign,change of material 2. As evidence of good faith a bid bond or certified check must be submitted with bid. or utilization of standard items or quantity c nge. FAILURE TO DO SO IS CAUSE FOR REJECTION 7.If you desire a copy of tabulation check[ ].Please do not call for this information. 3.Right is reserved to accept or reject any or all bids in their entirety.Right is also reserved to 8. If you do not desire to bid, return shee s with reasons for declining. Failure to do so will accept or reject any part of your bid unless otherwise indicated by you. indicate your desire to be removed from our mailing list.. 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 terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by CITY OF OMAHA for the PARKSIDE PARK PLAYGROUNDS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO ,THROUGH -� It is understood (a)that as to the purchase order which may be awarded upon this proposal, the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that it is the intention of the Park Planning Division that a purchase order shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid, having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division; material purchased for this project will be State of Nebraska and City sales tax exempt. On the forgoing, understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with "PARKSIDE PARK PLAYGROUNDS"in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Public Property Department for the lump sum of: BASE BID: t1_ti fir[.ty 71'10t) 1F!� 1)11 CI`(1ri rot C',111t,�7 ($ ; ; OW t )() Note: Refer to page 3 of 7 and 4 of 7 for Completion Date, Unit Prices, Alternates and Testing Allowance. Contractor must complete forms "Exhibit A",and"Exhibit B"with their bid. Refer any questions regarding the BID or SPECIFICATIONS directly to the Park Planning Division at(402)444-5900 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 Relations Department the Annual 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 should be directed to the Human Relations Department at(402)444-5055. \�f Firm iv i!! ^�Y'^i— 1 [(). , Incorporated in /,� (State) Name h r 1(,t 1'1 (1� . �? •;kh Signature 7! '". -:- . _id---- Title N{Q;r(.4v v'} Phone 1`)_l -(71,n l t') Fax Address �, ' %r?' I ,T Vic. 2- C1'Y0`1'n . 1 T (r' Street/P.O.Box I City State Zip E-Mail Address - ( 1) f7P B(2001) CITY OF OMAHA REQUEST FOR BID AND BID SHEET ON PARKSIDE PARK PLAYGROUNDS NOT AN ORDER Page 2 of 7 Pages The bidder hereby states that the above total cost to the City of Omaha includes all material, taxes, insurance royalties; transportation charges, use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, all equipment furnished in accordance with the requirements of the contract documents considered severally and collectively. It is understood that the contract documents shall consist of the advertisement, the requirements for bidding and instruction to bidders, this proposal, and drawing sheets titled "PARKSIDE PARK PLAYGROUNDS" and dated, "FEBRUARY, 2004" the specifications and the duly executed purchase order or contract proper; that said documents are complementary and that which is required,shown or specified by any one of these,shall be as binding as if required by all. The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or anysecret understandingwith anyone with respect to anyprovisions contained in this proposal. 9 Y P BID BOND: In accordance with the requirements for bidding and instructions to bidders, there is deposited herewith a bid bond or a certified check payable to the order of the City of Omaha, in the sum of: -VI\jO_ PI QC ►, O`s (0)rY) ^tc Y` ;Vi 4 ;(' .. ($ ,L) /> of- 13<<. ), which is at least five percent(5%) of the aggregate amouht of they proposal. It is agreed that, in the event the bidder is awarded a purchase order based on this proposal, or a part thereof, or fails to furnish a performance bond within ten days after the award of said purchase order, the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty, as it is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum, however,will be returned to the bidder, if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders, and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska, and listed on the current edition of Circular 570 of the United States Dept. of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations, additions and deductions and unless the name of the bidder as signed thereto is complete and correct, in accordance with the instructions to bidders, it may be rejected as informal. , SIGN ALL COPIES Firm L, t L\i1,>>^i By Title l'"/)c(2,1 I/'i;'i rit HP-8B(20011 CITY OF OMAHA REQUEST FOR BID AND BID SHEET ON PARKSIDE PARK PLAYGROUNDS NOT AN ORDER Page 3 of 7 Pages COMPLETION DATE: The bidder agrees that construction will be completed within 120 calendar days after approval of the purchase order for the project by the Omaha City Council and receiving the"Notice To Proceed"from the Park Planner. TESTING ALLOWANCE: None SIGN ALL COPIES Firm i..�(1(/};(6YY',1�') Cl0' ( t0' c�!ti!.r�'- . By `1%1... ,_ 2:. —.-r Title Pr1 C 4 i� HP-8B(2001) CITY OF OMAHA REQUEST FOR BID AND BID SHEET ON PARKSIDE PARK PLAYGROUNDS NOT AN ORDER Page 4 of 7 Pages UNIT PRICES: C.Y. = Cubic Yard S.F. = Square Foot PR. = Pair S.Y. = Square Yard V.F. = Vertical Foot L.S. = Lump Sum L.F. = Linear Foot EA. = Each AC. = Acre The undersigned further proposes and agrees that if the amount of the work required be increased or decreased, by a, request of the Owner, the following supplemental Unit Prices will be the basic price in place for computing extra cost or credit. Each Unit Price shall include all equipment, tools, labor, permits, fee, etc. incidental to the completion of the work involved based on the construction detail(s) on the Contract Drawings and all materials listed in the noted Specification Section. Unit prices will be decreased ten percent (10%) if change requested is a reduction of work. UNIT PRICE DESCRIPTION UNIT PRICE EXTENDED PRICE CONCRETE WALKWAY INSTALLED /S.F. $ I rllC� CEO CONCRETE CURB INSTALLED $ I .00 I L.F. $ S .on RESILIENT SURFACING INSTALLED . I S.F. $ (65 PARK BENCHES W/CONCRETE PAD $ .5a:5.(')) I EA. $ 41:9 5.0) PROTECTED BUSINESS ENTERPRISE/DISADVANTAGED BUSINESS ENTERPRISE (PBE/DBE) CERTIFIED BUSINESS LISTING: All Contractors can obtain a current"City of Omaha Protected Business Enterprise/Disadvantaged Business Enterprise Certified Business Listing"from the City of Omaha website at: www.ci.omaha.ne.us. Click on , "DEPARTMENTS"; Click on "HUMAN RELATIONS"; Click on PBEIDBE CERTIFIED LISTINGS". Any questions contact the City of Omaha Human Relations Department at 402-444-5055. SIGN ALL COPIES Firm L)'l.ta!1�ri,SYY`14 ( :0) , Byn. ._. ? f/•s -r� �° Title V' 2- ;;\Cti2 11�. CITY OF OMAHA REQUEST FOR BID AND BID SHEET ON PARKSIDE PARK PLAYGROUNDS NOT AN ORDER Page 5 of 7 Pages 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 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 Relations. PBE/DBE Doc. 12/10/02 5 • • CITY OF OMAHA REQUEST FOR BID AND BID SHEET ON PARKSIDE PARK PLAYGROUNDS NOT AN ORDER Page 6 of 7 Pages 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 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 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 and/or DBE Address performed date of work with 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 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. f/ "-A/L. Signature, :'<�/.I. - I- - Date of Signing Title �-} /?t.� Firm or Corporate Name Ix)1 LI 1/1.)f"f l+l1 �;%) _ . ,� Address . J._ 690171- }%• tr,0 -t j �� �=�K t a - v .)218 Telephone N tuber . >. C7- 6 CITY OF OMAHA REQUEST FOR BID AND BID SHEET ON PARKSIDE PARK PLAYGROUNDS NOT AN ORDER Page 7 of 7 Pages EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID (Protected Class is defined as Black, Hispanic,Asian and Pacific Islander, American Indian or Alaskan Native, Female.) Total Employees Protected Class Males Protected Class Females American American Total Total Asian or Indian or Asian or Indian or Work Protected Pacific Alaskan Pacific Alaskan Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native White e4 } ,w 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 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 should be directed to the Human Relations Department at (402) 444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: )j_0'i,1(2,i^t�'1 Y!},� t�� , (jS\ , -(%%-� ' (Date of Signing) Signature: up(an ea 3, (Print Name) (Title) (Signature) 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 3, 2004, to furnish all labor, materials, and equipment necessary to remove existing playgrounds and install new playgrounds in the same location and install park benches throughout Parkside Park for the Parks, Recreation and Public Property Department; and, WHEREAS, LawnSmith & Co., Inc., 3731 State Street, Omaha NE 68112, submitted the lowest and best bid, within bid specifications, attached hereto and made a part hereof, in the total amount of$58,000; and, WHEREAS, LawnSmith & Co., Inc., has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights -Human Relations; and, WHEREAS,the Mayor has recommended acceptance of this bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the bid in the total amount of $58,000.00 from LawnSmith & Co., Inc., to furnish all labor, materials, and equipment necessary to remove existing playgrounds and install new playgrounds in the same location and install park benches throughout Parkside Park, 14120 Pine Street Omaha, Nebraska, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from 2000 Parks & Recreation Bond Fund No. 13352, Organization No. 131621, Recreation and Culture Bond, and Activity/Project No. 0347, Parkside Park Rehabilitation. APPROVED AS TO FORM: P:\Prppl\14151maf.doc (74 00_,(5ItY ATTORNEY DATE pamet. By 4244111 Councilmember Adopted - MAR 2 3 2004 City Clerk 3a�� Approved 114\-404(0••• ••••� ayor b O n 0 ;d AD n SW � �"-d '-a c 0 CD CD a w o o cr t� cm o a- CD o b N N' ,- , 5 N'`C O Cr O CD CD = O F+� " E. 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