RES 2004-0019 - PO to Sherwin Williams for pavement parmking paint •
CIA `otA", Public Works Department
r K Cy 5 e��°'ij �` �r Omaha/Douglas Civic Center
varitiri ro U 3 DECD E 19 l4 r I!: 23 1819 Farnam Street,Suite 601
o a- ' ,; •A!<.-• January 6, 2004
Omaha,Nebraska 68183-0601
O (402)444-5220
4TFU FEBRrry CITY C'. t. K Telefax(402)444-5248
Cityof Omaha 'f`�, rv " _r�iii�;'
- 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 Sherwin Williams on the bid for the purchase of pavement marking
paint to be utilized by the Traffic Engineering Division.
The following bids were received on December 10, 2003.
Contractor Total Bid
SHERWIN WILLIAMS $104,802.50 (LOW BID)
Vogel Paint $110,429.00
Ennis Paint $133,164.90
A copy of the bidding documents is on file and available for inspection and review in the City
Clerk's Office.
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 of the purchase of pavement parking paint
from the Pavement Markings Organization 116184, Street and Highway Allocation Fund 12131,
year 2004 funding.
The Public Works Department recommends the acceptance of the bid from Sherwin Williams in
the amount of $104,802.50, being the lowest and best bid received, and requests your
consideration and approval of this Resolution.
Respectfully bmitted, Referred to City Council for Consideration:
17)1101 63 /z-ir-off
orm J an, P.E. Date Mayor's Office Date
Planning Director
Approved: / Approved:
Ul��c*x - / 4 /Zi/if?
Stanley P. m Date Chris Rodgers, cting Director Date
Finance Director Human Relations Department
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REQUEST FOR BID AND BID SHEET
ON: PAINT,PAVEMENT MARKING
FROM: Frank Barbour Published November 26,2003
Acting City Purchasing Agent NOT AN ORDER Page 1
1003 Omaha-Douglas Civic Center
1819 Farnam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT
Omaha, Nebraska 68183-0011 OF 5% IF THE TOTAL AMOUNT FOR THE ITEM /3
OFFERED IS$20,000 OR MORE. •
Bid Closing Date •
• 11:00 A.M. December 10,2003
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 68183-0011 by the closing date and time indicated.
in a sealed envelop marked BID ON: 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES.
PAINT,PAVEMENT MARKING
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 7. 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[ j.
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:
QU
ANTITY DESCRIPTION UNIT PRICE EXTENSION
14,575 gallons Yellow Pavement Marking Paint
MATERIAL OFFERED -
BID/gallon $ $
10,725 gallons White Pavement Marking Paint
\ MATERIAL OFFERED _.
BID/gallon $ $
ALL OR NONE TOTAL BID $
(5% bid bond to be based upon this amount)
Above material to be as per specifications (4 pages) dated
December\4, 1997. To be delivered in 275 gallon totes as
specified on page 2 of the bid.sheet.Totes should be returnable.
Questions regarding this bid may be directed to Leanne
Ziettlow at(402)444-5016..
r City
contractors can obtain a current City of Omaha Certified Protected Business EnterpriselCertified Business Enterprise(PBEIDBE)listing from the 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 shlall 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 sho ild 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: PAINT, PAVEMENT MARKING
NOT AN ORDER Page 2
QUANTITY DESCRIPTION UNIT PRICE EXTENSION
DELIVERY:
1. 11 -275 GALLON TOTES OF WHITE AND 22 -275 GALLON
TOTES OF YELLOW SHAI L BE DELIVERED BY MARCH 8, 2004.
2. 17-275 GALLON TOTES OF WHITE AND 16 =275 GALLON
TOTES OF YELLOW SHALL BE DELIVERED DURING THE
WEEK OF MAY 10, 2004.
3. 11 -275 GALLON TOTES OF WHITE AND 15-275 GALLON
TOTES OF YELLOW SHALL BE DELIVERED DURING THE
WEEK OF JULY 12, 2004.
NOTE: Deliveries can be made sooner/later than the scheduled
date listed above. The schedule above identifies the amount of
- paint scheduled to be used during the identified time period. As
long as the costs do not change and we are supplied with the paint
on a continual basis/as needed basis, the above schedule can
be revised with the City of Omaha's and the Supplier's consent.
Deliver on Flatbed only!
All material to be delivered to the Traffic Maintenance Shop
4303 South 50th Street.
It is anticipated paint will be ordered in February 2004. Price to be
firm through final delivery.
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
char
tered 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.
Questions should be directed to Leanne Ziettlow at(402)444-5016.
SIGN ALL COPIES Firm
By
Title
PH-8C (91) CONTINUATION SHEET
CITY OF OMAHA
SPECIFICATION FOR FAST DRYING WHITE&YELLOW
WATER BASE TRAFFIC LINE PAINT
DECEMBER 4,1997
1. DESCRIPTION
Scope: This specification covers fast-dry white and yellow acrylic latex traffic paints for use with drop-
on glass beads for application on concrete and bituminous pavements at spray temperatures of up to 160
degrees Fahrenheit. When applied with glass beads at pavement temperatures above 50 degrees
Fahrenheit and at relative humidities of up to 75%,the paint shall dry to a no-track condition within 3
minutes. The yellow paint shall have non-toxic organic yellow pigmentation. The white and organic
pigmented yellow paints shall be free of toxic heavy metals.
2. DEFINITION OF TERMS
Whenever in these specifications the following terms,or pronouns to designate such terms,are used,the
intent and meaning shall be interpreted as follows:
a. City: City of Omaha,Nebraska
b. Engineer: Traffic Engineer or his Representative,Omaha Nebraska
c. Inspector: An authorized representative of the Engineer,assigned to the making of
inspection as herein prescribed.
d. Manufacturer: The successful bidder and person or agency accepting responsibility of the
manufacture and delivery of paints in accordance with these specifications.
3. GENERAL REQUIREMENTS
a. Materials: The choice of class,type and brand of all ingredient materials is left to the discretion and
ingenuity of the manufacturer. All materials shall conform to the latest revision of the American
Society for Testing Materials specifications wherever such specifications apply.
b. Testing: As specified in this proposal,the paint shall be sampled and tested in accordance with the
appropriate method in the Federal Test Method Standard No. 141. If no method exists in the
Federal Test Method,the appropriate ASTM Method shall be used. Under all conditions the most
current test procedure shall be used to determine the suitability of the paint provided.
c. Quality: The paint shall be formulated from first-grade materials and shall be suitable in all respects
for application at elevated spray temperatures with drop-on glass beads using conventional traffic
striping equipment. The finished paint shall be smooth and homogeneous,free of coarse particles,
skins or any other foreign materials that are detrimental to its use of appearance.
The paint shall be screened with a 40 mesh or finer screen to remove any coarse particles,skins or
foreign material.
d. All prospective suppliers will be required to furnish a notarized analysis and manufacturer's
guarantee in triplicate. Such analysis shall state the complete composition and shall show the
percentages of each of the raw materials used in formulating the paint. The manufacturer's guarantee
1
shall certify that the paint will comply with these specifications. The manufacturer's formulation will
be treated as confidential and will not be revealed without his consent.
4. FIELD SERVICE REQUIREMENTS/REJECTION OF MATERIAL
a. After the paint has been delivered,the Engineer may take representative samples from the containers
during the progress of the work and examine the samples for compliance with the specifications.
Should the paint at any time within a twelve(12)month period following its acceptance develop any
condition denoting failure to comply with the specifications the remaining paint will be rejected.
b. Within the twelve(12)month period following the time of delivery,the paint shall not cake,settle,
liver,thicken,skin,curdle,gel or show any other objectionable properties which cannot readily be
corrected with minimal stirring. Any paint with properties that make it unsuitable for use within the.
specified twelve(12)months shall be returned to the supplier for credit.
5. DETAIL REQUIREMENTS
a. Properties of the fmished paint: The exact composition of the paints shall be left to the discretion of
the manufacturer,provided the finished paint meets the requirements of this specification and the
following:
The vehicle shall be composed of a 100%acrylic polymer such as Rohm and Haas E-2706,or an
approved equal.
White Yellow
Pigment(%) 58-62 57-61
Titanium Dioxide,(%)(min),Pure TiO
as%of pigment(Rutile II) 12.20 2.50
Acrylic Emulsion Vehicle
Resin Solids(%)(min) 43.0 43.0
Total Solids(%)(min) 76.1 75.1
Weight per Gallon(lbs)77 F(min) 13.0 12.7
Fineness of Grind
(Hegman)(min) 3.0 3.0
Viscosity(K.U. @77) 80-100 80-100
pH(min) 9.6 9.6
Drying Time(Minutes)(max)(ASTM D-711)
12 mil wet thickness @ 77 F: @65%R.H. 12.0 12.0
@90%R.H. 75.0 75.0
Contrast Ration @ 12 mils wet(%)(min) 98.0 96.0
Directional Reflectance,
Daylight(%)(min) 83 50
Volatile Organic Content,
(lb/gal)(max) 1.25 1.25
Flexibility and adhesion No cracking or flaking
Water Resistance No blistering or loss of adhesion
Settling Rating of 6 or better
Track Free Time, (minutes),maximum 3
Organic Yellow Pigment-The prime pigment in the organic yellow paint shall be Color
Index Pigment Yellow Number 65 or Number 75.
Color-The color of the dry white paint shall be pure flat white,free of tint. The color of the
2 •
yellow paint shall closely match Color Number 33538 of Federal Standard 595 and shall conform
to the following CIE Chromaticity limits:
x=0.470-0.530
y=0.429-0.483
Heavy Metals-The white and organic yellow paints shall be free of lead,chromium and other
toxic heavy metals.
6. TESTING PROCEDURE
TESTING
Weight Per Gallon ASTM D 1475
Viscosity ASTM D 562
Fineness of Grind ASTM D 1210
Total Solids ASTM D 2369
Total Pigment ASTM D 2371
Titanium Dioxide ASTM D 4563; D 1394
Dry Time (12 mils wet) ASTM D 711 (modified)
Daylight Directional Reflectance ASTM D 2805
Contrast Ratio (12 mils wet) ASTM D 2805
Color ASTM D 2805
Flexibility and Adhesion-Apply 15 mil wet film thickness to 3"by 5"tin panel. Dry at 77F for 24
hours followed by 2 hours at 122F. When bent over a 1/2"mandrel the paint shall adhere firmly
without evidence of cracking or flaking.
Water Resistance-Apply 15 mil wet film thickness to 4"by 8"glass plates;dry at 77F for 72 hours.
Immerse in distilled water at 77F for 24 hours. Allow to air dry for 2 hours on a flat surface. Paint
shall show no blistering or loss of adhesion.
Skinning-After 72 hours in a tightly sealed 3/4 filled container,the paint shall be free of lumps and
skins when strained through a 100 mesh screen.
Settling-A homogeneous sample of paint in a full one-pint friction-top can shall be inverted for one
hour to insure a complete seal between the cover and body of the can. After one hour the can shall be
placed upright in a 120F oven. After 5 days the can shall be cooled to room temperature for 4 hours.
When evaluated according ASTM D 869,the degree of settling shall have a rating of 6 or better.
Track Free Time-When applied under the following conditions,the line shall show no visual tracking
when viewed from 50 feet after driving a passenger vehicle over the line at a speed of 25-35 mph.
Fifteen mils wet film thickness.
Six pounds of glass beads per gallon of paint.
Paint temperature at nozzle between 110-160 degree F.
Pavement temperature of 50 to 120 degree F.
Dry Time-Tested according to ASTM D 711, except wet film thickness shall be 12± 1 mils. The
applied film shall be immediately placed in a humidity chamber controller at 65+3%R.H. and 72.
5+2.5 degree F. Air flow across the sample shall be less than one foot per second.
Dry Through-The film shall be applied to a non-absorbent substrate at a wet film thickness of 12+
1 mils and placed in a humidity chamber controlled at 90+5%R.H. and 72.5+2.5 degree F. The
dry through time shall be determined according to ASTM D 1650,except that the pressure exerted
shall be the minimum needed to maintain contact with the thumb and film.
3
7. PACKING AND MARKING
Paints manufactured under these specifications shall be shipped in containers,as specified in the bid
and on the purchase order. The containers shall be constructed, sealed and packed so as to withstand
rough handling. Paints received at the destination in a damaged condition shall be rejected. Each
container shall bear a label with the following information shown thereon: Name and address of
manufacturer,shipping point,trademark or trade name,kind of paint,formula,or formula number
referring to manufacturer's guaranteed formula,number of gallons,date and batch numbers.
8. AFFIDAVIT
The successful bidder will be required to submit a certified affidavit with each batch of paint manufact-
ured to indicate that the paint complies with the formulation and these specifications. The following
tests shall be conducted on each batch of paint produced and the results shall be promptly submitted
along with the affidavit to:
Traffic Maintenance
City of Omaha
4303 South 50th Street
Omaha NE 68117
Tests to be conducted on each batch of paint produced are as follows:
1. Weight per gallon
2. Viscosity
3. Drying time
9. BASIS OF PAYMENT
The basis of payment shall be net volume(231 cubic inches to the gallon). The contract price per
gallon shall include freight to named destination,any samples supplied,testing,the performance of
manufacturing containers,sealing and packing and delivery to the designated point of destination.
win/glenn/paintspe
4
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 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.
Contract Compliance Ordinance No. 35344, Section 10-192
Equal Employment Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
1) The contractor shall not discriminate against any employee applicant for employment because of race, religion,
color, sex, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha
Municipal Code 13-89. The contractor shall take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, religion, color, sex or national
origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of
1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As
used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether
advertising or by other means; compensated; selected for training, including apprenticeship; promoted;
upgraded; demoted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post
in conspicuous places; available to employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the.
contractor, state that all qualified applicants will receive consideration for employment without regard to race,
religion,color, sex or national origin. .
3) The contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding a notice advising the labor union or worker's
representative of the contractor's commitments under the equal employment opportunity clause of the city and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4) The contractor shall furnish to the contract compliance officer all federal forms containing the information and
reports required by the federal government for federal contracts under federal rules and regulations, and
including the information required by section 10-192 to 10-194,inclusive,and shall permit reasonable access to
his records. Records accessible to the contract compliance officer shall be those which are related to paragraphs
(1) through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of this
provision is to provide for investigation to ascertain compliance with the program provided for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of
enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance;however, in the event the contractor becomes involved in or is threatened with litigation 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. Bid
ders ders must submitbids,
with their 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 S200,000 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 S200,000). Bidders shall make every good faith effort to meet said goal.
5.Bidders are informed that price alone does not constitute an acceptable basis for rejecting PBE/DBE bids unless the Bidder can
demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show
reasonable efforts to that end will, in the City of Omaha's discretion,constitute sufficient ground for bid rejection. Such
reasonable efforts may include,but are not limited to,some or all of the following:
a. Attendance at the pre-bid conference,if any;
b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with certainty whether the PBE/DBEs are
interested;
c. Efforts made to select portions of the work(including where appropriate,breaking down contracts into economically feasible
units)proposed to be performed by PBE/DBEs in order to increase the likelihood of achieving the PBE/DBE goals;
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;
f. Notification, in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited, in
sufficient time to allow the PBE/DBEs to participate effectively;
g. Concerning each PBE/DBE the Bidder contacted but rejected as unqualified, the reasons for the Bidder's conclusion;
h. Efforts made to assist the PBE/DBEs contacted that needed assistance in obtaining bonding. lines of credit.of insurance
required by the Bidder of the City of Omaha;
i. Designation, in writing,of a liaison officer who administers the Bidder's Protected and/or Disadvantaged Business utilization
program;
j. Expansion of search for PBE/DBEs to a wider geographic area than the area in which the Bidder generally seeks
subcontractors if use of the customary solicitation area does not result in meeting the goals by the Bidder;and,
k. Utilization of services of available protected community organizations,protected contractor's group, local,state,and federal
minority business assistance offices,and other organizations that provide assistance in the recruitment and placement of
PBE/DBEs.
6. The Bidder must comply with the following:
a. Prior to award of this Contract all Bidders shall submit Exhibit"A,"Protected and/or Disadvantaged Business Disclosure
Participation Form. Exhibit"A" must be submitted with the bid. Bidder must also submit a copy of the written bid
submitted by the PBE/DBE subcontractor to the Bidder or other verification in writing from the PBE/DBE subcontractor that
Said subcontractor has agreed to perform the subcontracting work identified in the bid submitted by the Bidder.
b. If Bidder fails to meet the goals set forth above, Good Faith Efforts Documentation must be submitted with bid.
c. Also, prior to award of this contract all Bidders must submit Exhibit"B"Contractor employment data form with the bid.
d. The Bidder and any of its subcontractors that have been designated by the Bidder as PBE and/or DBE must have been
approved as such by the Human 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
followingcompletion com letion 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 PBE1DBEs 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.
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 auestions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 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:
3`d
2"d _4th
Year 200_
I. Protected and/or Disadvantaged Contractors
Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to
Proceed (NTP), are currently performing work, and are contemplated to perform work during the duration of the City of
Omaha Contracts. Name and total dollars committed and paid.
Name of Protected
and/or Disadvantaged Dollars Paid During Dollars Paid Since
Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date
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 December 10, 2003, for the purchase of
pavement parking paint to be utilized by the Traffic Engineering Division; and,
WHEREAS, Sherwin Williams submitted a bid of$104,802.50, being the lowest
and best bid received within the bid specifications, for the purchase of pavement marking paint.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the bid of $104,802.50 from Sherwin Williams for the purchase of
pavement marking paint 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 bet bid
received within the bid specifications,be accepted.
BE IT FURTHER RESOLVED:
THAT, the Purchasing Agent be authorized to issue a purchase order to Sherwin
Williams for the purchase of pavement marking paint.
BE IT ALSO FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the cost of the purchase of
pavement marking paint from the Pavement Markings Organization 116184, Street and Highway
Allocation Fund 12131, year 2004 funding.
APPROVED AS TO FORM:
SSISTANT CITY ATTORNEY DATE
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