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RES 2004-0105 - PO to Hotsy Equipment Company for pressure washer ptAAHA.NFb � `,� 't VED Public Works Department p� 7 t���j%��; ' �y 16 PM Omaha/Douglas Civic Center ® l�Iw �t4 �11� r n ` ' 1819 Farnam Street,Suite 601 ,0 ;�—��: " January 27, 2004 Omaha,Nebraska 68183-0601 o• A CITY Y CLERK (402)444-5220 47.FD FEBRVr 0 H Ali A. Ise C R A S K A Telefax(402)444-5248 - City of Omaha Norm'Jackman,P.E. Mike Fahey,Mayor Acting 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 Hotsy Equipment Company on the bid for the purchase of a pressure washer to be utilized by the Traffic Engineering Division. The following bids were received on November 24, 2003. A detailed bid tabulation is attached. Contractor TOTAL BID United Rental $3,422.00 (Non-Compliant Bid) Sherwin Williams Company $3,874.00 (Non-Compliant Bid) HOTSY EQUIPMENT COMPANY $3,965.00 (RECOMMENDED BID) 0-Reilly Auto Parts $4,595.00 Jineco $4,650.00 Hertz Equipment Rental $4,627.43 Myers Tire Supply $4,732.42 The Public Works Department recommends award to Hotsy Equipment Company. This recommendation is based on the fact that all other lower bids received were non-compliant as detailed in the attached inter-office communication. 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 with the Contract Compliance Ordinance. The Finance Department is authorized to pay the cost for the purchase of a pressure washer from the Traffic Engineering Equipment Organization 116191, Street and Highway Allocation Fund 12131, year 2003 funding. Honorable President and Members of the City Council Page 2 The Public Works Department recommends the acceptance of the bid from Hotsy Equipment Company. in the amount of $3,965.00, being the lowest and best bid received, within the bid specifications, and requests your consideration and approval of this Resolution. Sincerely, Referred to City Council for Consideration: "------)1 /7c...../(..-------- I/i0/0V e' orm ackman, Acting Director Date yor' ffice a Public Works Department Approved as to Fundi.A6 ,_Thng: Approved: ///s-/i0 ,f � � / /(� o Stanley P. T. m /ie Date Gail Kinsey TOmpson, irector Date Finance Director Human Relations Department P:\PW2\10079pjm.doc p - o Z -4 _ v m o d o CD CD v o M.C la 3 0 D CO 0 m m O •• = rr -7 N N • a 7 D -I �6 Z N - l m v (D m 0o O no w Q 0 - a, i Z U 13 n0 co 70 O v o m -n n _. c N 0, � W CO '< z p w gi -� v 2 N 0 0 ,K o O s m O �D O z .. co 73 g CD o 0 A -0 n 0° O -I Q m • 3 r CD R► m CO 0- W 73 o 0 o 0 z u o- z &RN/'✓ 6- -fZ m a N N _ 5 i-1E'►7 ccuo1 f ,1 n/�,� w c I-) UT S Er l 0uJPMOJT Z 0 0 ,mil v` e N o -/, O r 0 0 0 m - Q 0 -..t c C -GG me _ 3 z of jr,/CD 7 1,)( *. p,A1Z% m kil it., ) V1t O Ul 0 > > p Fr)e 15 o r, rn U 'w Z D a L.. W U r.7, a F- W - U Z D a H W Z 7 Da 1- W U Z Da I I__ W < G ' O �� 0 0 o p O f✓y I ? W U '4 I z Cr' c\f1 0 o ii 0 Lu m - Ea m W a) __I Q • p H O m 0 0 •CLu .- a Q Q o 0 > 0 m e Z i5 ,_ O O11.1 m 0_ ° o 03 ,N I 0 F- Cu co 0 N Cl) Q a U N m U E 0 4 m 0 O W Wm > 4� C O .0 C Q O a)OQ t _ m cn N c O E. W co O CuU L O Q. rn— U Q. 6 o. z . " O Cu °' CuUrn o a _ m N Z N I r J CD (NI00. C -C X N .a+ U COO E "C 0 as a) Q 0 0 0 N I- o z o f- 0 INTER-OFFICE COMMUNICATION December 22,2003 TO: Harry Owen, General Services Division , FROM: Leanne Ziettlow,P.E., Traffic Engineers SUBJECT: Rejection of Bidders for"Natural Gas Fired Pressure Washer" Bids were opened on November 24, 2003 for one "natural gas fired pressure washer per specifications", see bid tabulation attached. This piece of equipment is to replace our existing pressure washer that is malfunctioning. We use this pressure washer for vehicle washing, but more importantly, we use the water pressure from this piece of equipment to clean and maintain the nozzles on the pavement marking striper as well as its undercarriage. This maintenance of the striper is completed every day(during the painting season)to assure prolonged life of these parts. Since we use this pressure washer for the above noted cleaning, the water pump volume is critical. The specifications called for a"water volume of 4 GPM". The current pressure washer originally offered 3.9 GPM of pressure. As shown on the bid tabulation, the City of Omaha received seven bids for this piece of equipment. The low bidder as shown on the bid tabulation was United Rentals (Shark/ HNG 353007A) with a bid of$3422. As shown in the bidder's information, they take exception to the water volume (3.5 GPM). As noted above, the water volume is a critical element for this pressure washer. Also, please note that Sherwin Williams submitted a bid. The "total bid" amount is noted as $3874, however, there is an add-on price of$150 for a required item (adjustable water temperature thermometer). Therefore,their total bid would be $4024. Therefore, the second low bidder would be Hotsy Equipment Company with a bid of $3965. They take no exception to the bid specification. Based upon the above items and discussion, I am recommending that the equipment offered in the bid that does not meet the water pump volume be rejected(United Rentals). Please award this bid to Hotsy($3965). I have also included the above noted bidders submitted information for your use. Contact me if you have questions. Attachments ��TAAHA,NF6 ���` R E C E I V E Public Works Department ��!"rfie # t• Omaha/Douglas Civic Center o . gy m Ot•1 JAN 13 Ah I I: 48 1819 Farnam Street,Suite 601 _ Omaha,Nebraska 68183-0601 Co, ° yry CITY Y L E S`S (402)444-5220 ��rFD FEBRvr� S O Telefax(402)444-5248 City of Omaha MAH A' ��� A, Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director January 13, 2004 • Mr. Todd Higgins United Rentals 9815 South 147th Street Omaha, NE 68138 RE: Pressure Washer You were sent a letter dated January 5, 2004 rejecting the bid that you submitted to the City of Omaha for the purchase of a pressure washer. Inadvertently the wrong inter- office communication detailing the reasons for the rejection was attached. Please find enclosed a copy of that rejection letter and the correct attachment. I apologize for any inconvenience this might have caused. Sincerely, • PUBLIC WORKS DEPARTMENT Sue Preiner General Services Division Enclosures C: Pat Burke, Purchasing Agent Buster Brown, City Clerk,/ Members of the City Council Dave North, Vehicle Maintenance Leanne Ziettlow, Traffic Maintenance E QNIAHA.i% _ 'A`,'Pf Public Works Department U '' 7 RECEIVED C E I V E Omaha/Douglas Civic Center ��i►il<<�y..) ^ 1819 Farnam trees,Suite 601 r +! i p 4A ti. 014 JAN 13 Ail 11: 148 Omaha,Nebraska 68183-0601 4'T �0-i ., i (402)444-5220 FD FE9R CITY V L C at:; Telefax(402)444-5248 City of Omaha 0MAHA, NEBRA..SKA Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director January 13, 2004 Mr. Geremy Edwards Sherwin Williams Company 444 North 76th Street Omaha,NE 68114 RE: Pressure Washer You were sent a letter dated January 5, 2004 rejecting the bid that you submitted to the City of Omaha for the purchase of a pressure washer. Inadvertently the wrong inter- office communication detailing the reasons for the rejection was attached. Please find enclosed a copy of that rejection letter and the correct attachment. I apologize for any inconvenience this might have caused. Sincerely, PUBLIC WORKS DEPARTMENT f.r e-rye-t, Sue Preiner General Services Division Enclosures C: Pat Burke, Purchasing Agent Buster Brown, City Clerk✓ Members of the City Council Dave North, Vehicle Maintenance Leanne Ziettlow, Traffic Maintenance UAPP- Public Works Department �i!'� l'• Omaha/Douglas Civic Center ' • 1819 Farnam Street,Suite 601 ° Omaha,Nebraska 68183-0601 * (402)444-5220 �1rFo Feea�re Telefax(402)444-5248 City of Omaha Norm Jackman,P.E. Mike Fahey,Mayor January 5, 2004 Acting Public Works Director Mr. Todd Higgins United Rentals 9815 Soutli 147th Street Omaha, NE 68138 RE: Pressure Washer ' Gentlemen: Section 10-110 of the Omaha Municipal Code allows a department director to reject any or all bids received for any City purchase or contract because the bids received were non- compliant to specifications. This letter is to serve as written notice that your bid is being rejected because the bid does not meet the required specifications as detailed in the attached inter-office communication. A resolution is being forwarded to the City Council to recommend award to another bidder. Within ten days after a bid is rejected, any rejected bidder may appeal to the City Council by filing with the City Clerk a written objection stating all reasons for the objection. Sincerely, orm Jackman, P.E. Acting Public Works Director Enclosure C: Pat Burke, Purchasing Agent Buster Brown, City Clerk Members of the City Council Leanne Ziettlow, Traffic Maintenance • INTER-OFFICE COMMUNICATION December 22, 2003 • TO: Harry Owen, General Services Division FROM: Leanne Ziettlow, P.E., Traffic Enginee • SUBJECT: Rejection of Bidders for"Natural Gas Fired Pressure Washer" Bids were opened on November 24, 2003 for one "natural gas fired pressure washer per specifications", see bid tabulation attached. This piece of equipment is to replace our existing pressure washer that is malfunctioning. We use this pressure washer for vehicle washing, but more imporfantly, we use the water pressure from this piece of equipment to clean and maintain the nozzles on the pavement marking striper as well as its undercarriage:This maintenance of the striper is completed every day (during the painting season) to assure prolonged life of these parts. Since we use this pressure washer for the above noted cleaning, the water pump volume is critical. The specifications called for a"water volume of 4 GPM". The current pressure washer originally offered 3.9 GPM of pressure. As shown on the bid tabulation, the City of Omaha received seven bids for this piece of equipment. The low bidder as shown on the bid tabulation was United Rentals (Shark/ HNG 353007A) with a bid of$3422. As shown in the bidder's information, they take exception to the water volume (3.5 GPM). As noted above, the water volume is a critical element for this pressure washer. Also, please note that Sherwin Williams submitted a bid. The "total bid" amount is noted for a required ed item (adjustable water as $3874, however, there is an add-on price of$150q temperature thermometer). Therefore, their total bid would be $4024. Therefore, the second low bidder would be Hotsy Equipment Company with a bid of $3965. They take no exception to the bid specification. Based upon the above items and discussion, I am recommending that the equipment offered in the bid that does not meet the water pump volume be rejected (United Rentals). Please award this bid to Hotsy ($3965). I have also included the above noted bidders submitted information for your use. Contact me if you have questions. Attachments CITY OF OMAHA F B. REQUEST FOR BID AND BID SHEET ON: PRESSURE WASHER FROM: Frank Barbour Published November 10,2003 Acting City Purchasing Agent NOT AN ORDER Page 1 1003 Omaha-Douglas Civic Center . 1819 Farnam Street Omaha,Nebraska 68183-0011 • Bid Closing Date November 24,2003 11:00 A.M. IMPORTANT 4. BID MUST INCLUDE DELIVERY OR SHIPPING CHARGES. 1.Bid must be in the office of the CITY PURCHASING AGENT,1003 OMAHA-DOUGLAS 5.When submitting bid on items listed,bidder may on a separate sheet,make CIVIC CENTER,1819 Famam Street,Omaha,NE 68183-0011 by closing date and time • suggestions covering reduction in costs wherever this is possible through indicated,in a sealed envelop marked BID ON: redesign,change of material or utilization of standard items or quantity change. PRESSURE WASHER 2. Right is reserved to accept or reject any or all bids in their entirety and the bidders shall 6. If you desire a copy of tabulation,check[ I. have the right to appeal any decision to the City Council. Right is also reserved to PLEASE DO NOT CALL FOR THIS INFORMATION. accept or reject any part of your bid unless otherwise indicated by you. 7. If you do not desire to bid,return sheets with reasons for declining. Failure to do 3. If Federal Excise Tax applies,show amount of same and deduct. so will indicate your desire to be removed from our mailing list. 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 1 each Natural gas fired pressure washer per specifications dated 2003(1 page), installed. Unit to be Hotsy Model 1412 SS or equal. BRAND/MODEL OFFERED BID $ Trade-in allowance BID $ TOTAL $ Two copies of descriptive literature to accompany bid. • Questions regarding this bid may be directed to Pat Lulow at(402)444-4961. • • All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBElDBE)listing from the City of Omaha website 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$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 PBElDBE Listings should be directed to the Human Relations Department at(402)444-5055. * Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 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/P.O.Box City State Zip Email Address CITY OF OMAHA • REQUEST FOR BIDS ON: PRESSURE WASHER NOT AN ORDER Page 2 QUANTITY DESCRIPTION UNIT PRICE EXTENSION INSURANCE For City projects where the scope of work will be less than $200,000.00,the following levels of insurance will be required: The successful contractor shall provide a certificate of insurance indicating (1)adequate workers'compensation;(2)public liability in an amount not less than$250,000 for injuries including accidental death to any person and subject to the same limit to each person in an amount of not less than$500,000 where more than one person is involved in any one accident;and(3)property damage insurance in an amount not less than$500,000;and naming the City of Omaha an additional insured. For City projects where the scope of work will exceed$200,000.00,the following levels of insurance will be required: The successful contractor shall provide a certificate of insurance indicating (1)adequate workers'compensation;(2)public liability in an amount not less than$1,000,000 for injuries including accidental death to any person and subject to the same limit to each person in an amount of not less than $5,000,000 where more than one person is involved in any one accident;and (3)property damage insurance in an amount not less than$500,000;and naming the City of Omaha an additional insured. SIGN ALL COPIES Firm By Title PH-8C (91) CONTINUATION SHEET 2003 SPECIFICATIONS HOT WATER HIGH PRESSURE WASHER Unit must be new and unused and equal to or exceeding Hotsy Model 1412 SS. Operating Pressure—3,000 PSI Water Volume—4 GPM 7 '/2 HP Motor Adjustable water temperature thermostat Adjustable pressure unloader Electrical Data—230v/1/60 Trigger gun control 3' wand Power nozzles as needed 50' high pressure hose 3/8" High pressure soap injection Remote switches for pump, burner, soap Auto stop/start All units bid must be new currently advertised and manufactured model with factory warranty. 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 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 Relations or can be requested through the Human 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. ❑ If you have not met the PBE/DBE goal established for this project, evidence ofgood faith efforts must be submitted with your bid. (If you have questions regarding what constitutes good faith efforts please see the Protected and/or Disadvantaged Business Enterprise Participation contract specifications or contact the Human Relations Department). 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 cmditions 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. • Contract Compliance Ordinance No. 35.344, Section 10-192 Equal Employment Opportunity Clause During the perforttt:utce of this contract, the contractor agrees as follows: I) 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 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 c ontractor 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. UTILIZATION OF PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES A. Protected and/or Disadvantaged Business Enterprise(PBE/DBE) Participation Contract Specifications Pursuant to City of Omaha Contract Compliance Ordinance. I. 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 interest ed; 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; d. Efforts to negotiate with PBE/DBEs for specific sub-bids, including at a minimum: (I) 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; I. Notification, in writing,to a reasonable number of specific P13E/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 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 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 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 Relations Department may from time to time conduct. B.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 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 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 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 hid being rejected by the City of Omaha. • 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 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 PBEJDBE 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 aereement(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 PBEJDBE 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. Signature Title • Date of Signing Firm or Corporate Name Address Telephone Number 5 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 'Refer any clue c ns re_g.arding the BID or SPECIFICATIONS directly to the Purchasing De_partment I4021444-54Q0 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 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: (Date of Signing) Signature: (Print Name) (Title) (Signature) • • 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 2"d _4th Year 200 I. Protected andlor 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 7 C-25A ' CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on November 24, 2003 for the purchase of a pressure washer to be utilized by the Traffic Engineering Division; and, WHEREAS, Hotsy Equipment Company submitted a bid of$3,965.00, being the lowest and best bid received within the bid specifications, for a pressure washer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the bid of$3,965.00 from Hotsy Equipment Company for the purchase of a pressure washer to be utilized by the Traffic Engineering Division, a copy of the bid documents , is attached and by this reference made a part hereof, being the lowest and best bid received within the bid specifications, be accepted and the Purchase Order be issued. BE IT FURTHER RESOLVED: THAT, the Purchasing Agent be authorized to issue a Purchase Order to Hotsy Equipment Company for the purchase of a pressure washer. _ BE IT ALSO FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the cost for the purchase of a pressure washer to be utilized by the Traffic Engineering Division from the Traffic Engineering Equipment Organization 116191, Street and Highway Allocation Fund 12131, year 2003 funding. P:\PW2\10080pjm.doc APPROVED AS TO FORM: CITY ATTORNEY DATE p a By .... 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