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RES 2022-0446 - Bid Award and PO to Heimes Corp to replace main waterline and caretaker branch line at N.P. Dodge Park City Clerk Office Use Only: RESOLUTION NO. 2�` :04 j /W) Publication Date(if ppl'cable): / Agenda Date: Z Department: Submitter: CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on April 6, 2022 to replace main waterline and caretaker branch line, which was damaged due to the March 2019 flood event, located at 11005 John J Pershing Drive, Omaha, Nebraska in the amount of $437,940.00 for the Parks, Recreation and Public Property Department; and, WHEREAS, Heimes Corp. submitted the best bid, within bid specifications, attached hereto and made a part hereof, in the amount of$437,940.00; and, WHEREAS, Heimes Corp., 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 $437,940.00 from Heimes Corp. to replace main waterline and caretaker branch line, which was damaged due to the March 2019 flood event, located at 11005 John J Pershing Drive, Omaha, Nebraska, being the best bid received within bid specifications, attached hereto and made a part of hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and that the Finance Department is authorized to pay the Funds in the amount of $437,940.0 to Heimes Corp. from the 2018 Parks and Recreation Fund 13357, Organization No. 117317, Parks and Cultures Bonds, Project I.D. No. 2000P505, the City of Omaha will be reimbursed ($359,915.00) by Federal Emergency Management Agency (FEMA). APPROVED AS TO FOR . p:2947mtc DEPU Y CITY ATTORNEY DA E Adopted: MAY 0 3 ?OZ , • Attest: City Clerk Approved: Mayor BID BOND: 5% AL Douglas County Purchasing TABULATION OF BIDS ON: CITY OF OMAHA NP Dodge Park Waterline Replacement Heimes Corp. Page 1 Date of Opening Department Wednesday,April 13,2022 PARKS, REC, & PUBLIC PROPERTY Quantity DESCRIPTION UNIT UNIT PRICE B PRICE NP Dodge Park Waterline Replacement TOTAL BASE BID: $359,915.00 Alternate #1 New water service for care taker's residence $78,025.00 Bid Bond Received: Yes Bid Form(Rev.10-2019) SECTION 00210 SMB-03-16-2022 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA N.P. DODGE PARK WATERLINE REPLACEMENT—RE-BID RETURN BIDS TO: Published:Wednesday 03/16/2022 CITY CLERK OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 7 Pages 1819 Famam Street—LC-1 Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA", Bid Opening Date: 11:00 A.M. Wednesday,04/06/2022 IMPORTANT 1.Bid must be in the office of the CITY CLERK,OMAHA-DOUGLAS CIVIC CENTER,1819 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. Famam Street—LC-1,Omaha,NE 68183-0011 by bid opening date and time indicated,in 6.When submitting bid on items listed,bidder may on a separate sheet,make suggestions sealed envelope marked BID ON:CITY OF OMAHA N.P.DODGE PARK WATERLINE covering reduction In costs wherever this is possible through redesign,change of material REPLACEMENT—RE-BID. or utilization of standard items or quantity change. 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid Bond 7.If you do not bid,return sheets with reason for declining. Failure to do so will indicate your or certified check shall be made payable to the"City of Omaha°. FAILURE TO DO SO IS desire to be removed from our mailing list, TABULATION SHEETS FOR THE BIDS CAUSE FOR REJECTION SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY WEBSITE AT 3.Right Is reserved to accept or reject any or all bids in their entirety and the bidders shall have www.douoalscountvourchasina.orq DO NOT CALL FOR THIS INFORMATION. the right to appeal any decision to the City Council. Right is also reserved to accept or reject any part of your bid unless otherwise Indicated by you. PLEASE DO NOT CALL FOR THIS INFORMATION. 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 the R.W.ENGINEERING&SURVEYING,INC.for the N.P.DODGE PARK WATERLINE REPLACEMENT—RE- BID and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO 1 ,THROUGH 1 It is understood(a)that as to the contract 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 contract 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 foregoing,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"N.P.DODGE PARK WATERLINE REPLACEMENT—RE-BID,11001 JOHN J.PERSHING DRIVE,Omaha, Nebraska"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: Three Hundred Fifty-Nine Thousand, Nine Hundred Fifteen & 00/100 Dollars ($359,915.00 Note: Refer to page 2 of 6 for Bid Security,Completion Date&Performance,Payment&Maintenance Bond,page 3 of 6 for General Contractor Work Requirement, Insurance Requirements,Testing Allowance,Unit Prices&Alternates(if applicable),page 4 of 6 for Responsible Contractor Compliance Form(RC- 1)and page 5 of 6 for the Affidavit for Employee Classification Act&Fair Labor Standards. Refer to Specification Section 00200,Instructions To Bidders" rettardina questions on the Bid or Contract Documents. All bidders awarded a contract in the amount of$10,000 or more must comply with the Contract Compliance Ordinance(No.35344§§10-190 to 10-200.4)and have on file with the Human Rights and 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 Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at 402-444.5055. (Please Print Legibly or Type) Firm Heimes Corp. Incorporated in NE Name Cassie Brumbaugh Signature�jj�& (state) Title Project Manager Phone 402-894-1000 Fax 402-894-2444 Address 9144 S. 147th St. Omaha NE 68138 Street/P.O.Box City State Zip E-Mail Address cassieb@heimescorp.com Bid Form(Rev.10-2019) SECTION 00210 SMB-03-16-2022 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA N.P.DODGE PARK WATERLINE REPLACEMENT-RE-BID 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, the contract documents titled"N.P. Dodge Park Waterline Replacement- Re-bid " and the duly executed agreement 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 any secret understanding with anyone with respect to any provisions contained in this proposal. BID BOND or BID SECURITY: In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a bid security in the form of a certified check,an official bank check,a cashier's check drawn on a national bank or a bank chartered under the laws of the State of Nebraska,payable to the City of Omaha in the sum of: Five Percent of the Amount Bid ($5°%° ),which is at least five percent(5%)of the aggregate amount of the proposal or In the amount specified in the bid specifications(refer to Specification Section 00200,"Instructions To Bidders",Part 2.10"agreement and Bid Bond/Bid Security Submission"for additional information. It is agreed that,in the event the bidder is awarded a contract based on this proposal,or a part thereof and fails or refuses to execute a written contract or fails to furnish a performance,payment&maintenance bond within fourteen(14)calendar days after the award of said contract,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 forth 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. COMPLETION DATE: The contract completion timeline for this project shall be 60 calendar days after notice to proceed. All work associated with the project shall be completed on or before this date. PERFORMANCE, PAYMENT AND MAINTENANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, "Bond Submission" and Section 00400, "Performance, Payment and Maintenance Bond"for performance bond requirements. SIGN ALL COPIES Firm Heimes Corp. BY CQGdi Title Project Manager Bid Form(Rev.10-2019) SECTION 00210 SMB-03-16-2022 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA N.P.DODGE PARK WATERLINE REPLACEMENT—RE-BID NOT AN ORDER Page 3 of 7 Pages 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. GENERAL CONTRACTOR WORK REQUIREMENT: General Contractor shall self-perform with its own workforce a minimum of thirty percent(30%)of the total cost of the Contract. Purchasing of materials does not qualify as self-performing the Work. INSURANCE REQUIREMENTS: Refer to Specification Section 00500, "General Conditions of the Contract for Construction", Part 2.15, "Contractor's Insurance" for insurance requirements. UNIT PRICES: C.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard V.F. = Vertical Foot L.F. = Linear Foot EA. = Each 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 ALTERNATES: Alternate#1—New water service for care taker's residence. Add:$78,025.00 SIGN ALL COPIES Firm Heimes Corp. BY (GZQ4-C! Title Project Manager Bid Form(Rev.10-2019) SECTION 00210 SMB-03-16-2022 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA N.P.DODGE PARK WATERLINE REPLACEMENT—REBID NOT AN ORDER Page 4 of 7 Pages Responsible Contractor Compliance Form RC-1 ` Z,. �p: J. 4, .y VO, }4 1. Regulations: A. Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require: 1. That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor,shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 2. Filing this Report(please initial in the boxes below): Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work eligibility. Contractor agrees that Contractor will not knowingly violate Nebraska's Employee Classification Act(Neb.Rev. Stat. §48-2901 et seq.). e____Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. §73- 104 et seq.). Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date this bid is submitted. 4 ;i---"Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three) separate"serious"OSHA violations within the past three(3)years. 0.---Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Responsible Contractor Compliance Form RC-1. Signature Date By signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a$500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. Bid Form(Rev.10-2019) SECTION 00210 SMB-03-16-2022 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA N.P.DODGE PARK WATERLINE REPLACEMENT—RE-BID NOT AN ORDER Page 5 of 7 Pages AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT & FAIR LABOR STANDARDS I, Tom Heimes ,being first duly sworn under oath,stat and depose as follows: 1. I am competent to testify to,and have personal knowledge of,matters stated in this affidavit. 2. I am(a contractor)or(the authorized agent of the contractor)for Heimes Corp. Company,(hereinafter"Contractor"). I attest to the following: (a) Each individual performing services for Contractor is properly classified under the Nebraska Employee Classification Act("the Act"),Neb. Rev.Stat.§§48-2901 to 48-2912; (b) Contractor has completed a federal 1-9 immigration form and has such form on file for each employee performing services; (c) Contractor has complied with Neb.Rev.Stat. §4-114(use of federal immigration verification system); (d) Contractor has no reasonable basis to believe that any individual performing services for Contractor is an undocumented worker; (e) As of the time of the contract,Contractor is not barred from contracting with the state or any political subdivision pursuant to the Act,and; (f) Contractor is complying with and will continue to comply with,fair labor standards as provided in Neb. Rev.Stat. §73-102&§73-104,as applicable and as amended hereinafter. Contractor will also ensure that all subcontractors execute affidavits in compliance with this Act. FURTHER AFFIANT SAYETH NA GHT. Affiant(Co ctor) SUBSCRIBED AND SWORN TO before me this 6th day of April ,2022 ?//' • otary Public GENERAL NOTARY-State of Nebraska Comm.Ep November R My m.ESP.Novemb 17,2024 , Bid Form(Rev.10.2019) SECTION 00210 SMB-03-16-2022 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA N.P.DODGE PARK WATERLINE REPLACEMENT—RE-BID NOT AN ORDER Page 6 of 7 Pages CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS (To be submitted with each bid or offer exceeding$100,000) The undersigned Tom Heimes certifies,to the best of his or her knowledge that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence and officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor, Heimes Corp. ,certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any. Signature of ontractor's AutTorized Official Tom Heimes, President Name and Title of Contractor's Authorized Official Date: 6th day of April ,20 22 Bid Form(Rev.10.2019) SECTION 00210 SMB-03-16-2022 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA N.P. DODGE PARK WATERLINE REPLACEMENT-RE-BID NOT AN ORDER Page 7 of 7 Pages BID SUBMISSION CHECKLIST Bid submission shall consist of the following forms: ❑ Douglas County"Request for Bid and Bid Sheet",Specification Section 00210(pages 1 of 7 through 7 of 7. ❑ "Responsible Contractor Compliance Form RC-1",(page 4 of 7 of the"Request for Bid and Bid Sheet",Specification Section 00210). ❑ "Affidavit for Employee Classification Act&Fair Labor Standards"(page 5 of 7 of the"Request for Bid and Bid Sheet", Specification Section 00210). ❑ "Certification for Contracts,Grants,Loans,and Cooperative Agreements"(page 6 of 7 of the"Request for Bid and Bid Sheet", Specification Section 00210). O "City of Omaha Small&Emerging Small Business Program(SESB)Participation Disclosure Form",(Section 00220) ❑ If any addendums were issued,include the front Cover sheet for every addendum submitted(make sure to sign it before submitting). ❑ Bid Security. ❑ Any additional information that might be required by the Bid Documents. END OF SECTION SIGN ALL COPIES Firm Heimes Corp. By (- Cp Title Project Manager 00220-SESB Participation Disclosure Form =.`%` City Of Omaha Small & Emerging Small Business Program ,u,,. _^,ems Participation Disclosure Form THIS FORM MUST BE SUBMITTED WITH THE BID NOTICE: This form must be submitted by the General Contractor/Lead Consultant at the time of bid/agreement submission,designating all companies utilized to complete the scopes of work designated as reserved for Program Participants on the Participation Utilization Form attached to the project documentation. The General Contractor/Lead Consultant may utilize SEB Program Participants for additional scopes of work not specified on the Participation Utilization Form,but they may not be substituted for scopes specifically identified by the City on the Participation Utilization Form. Should the below listed SEB Program Participant be determined to be unable to perform successfully or is not performing satisfactorily, the General Contractor/Lead Consultant shall obtain written approval from the Public Works Director or a designee before dismissal/substitution of the Participant By submitting this form,the General Contractor/Lead Consultant is certifying that it has afforded any/all applicable program participants the opportunity to submit bids/proposals on this project Identified Full Name of Projected start/ Percentage of total Scope Participant completion date Agreed Price contract N/A N/A N/A N/A 0.0% TOTAL: $0.00 CERTIFICATION: The undersigned certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business participation utilization requirements,and the other terms and conditions of the Invitation for Bids/Request for Proposals. The undersigned further certifies that he/she is legally authorized to make the statements and iepiesentations as to the Participation Utilization requirements 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 the Participating Companies Iisted in the above disclosure at the price(s)set forth in this disclosure,conditioned upon execution of a contract/agreement by the undersigned company with the City of Omaha. The undersigned agrees that if any of the representations made regarding utilization of small and/or emerging small business by the General Contractor/Lead Consultant,knowing them to be false,or if there is a failure by the undersigned company to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director or designee,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the bid/proposal or to terminate the Contract/Agreement 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/Agreement,under City of Omaha's Contract Compliance Ordinance or otherwise. Signed this 6th day of April in the year 2022 Signature: Coca eye/ a�itle: Project Manager Printed Name: Cassie Brumbaugh Firm or Corporate am4...ree.,..4. mes Corp. Address: 9144 S. 147th St. Omaha, NE 68138 Telephone No.: 402-894-1000 N.P.DODGE PARK WATERLINE REPLACEMENT-RE-BID MARCH 2022 DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA, NE 68183-0902 PHONE(402)444-4954 FAX(402)444-4992 March 22, 2022 NOTICE TO BIDDERS: REQUEST FOR BID ON City of Omaha— NP Dodge Park Waterline Replacement (Rebid) Original Bid Opening Date: Wednesday, April 13, 2022, at 11:00 a.m. CT REVISED Bid Opening Date: Wednesday, April 06, 2022, at 11:00 a.m. CT ADDENDUM NO. 1: Changes are being made to the following: • Bid Opening Date; this is being rescheduled to April 06, 2022 as noted above). • Pre-Bid Meeting Date; this was originally scheduled for Tuesday, April 05, 2022. This meeting time has been revised to Tuesday, March 29, 2022. (see below for details). Pre-Bid Meeting: There will be a non-mandatory, pre-bid meeting on Tuesday, March 29, 2022, at 1:00 p.m. The meeting will be held at the main entrance to N.P. Dodge Park, 11001 John J. Pershing Drive,Omaha, NE. Meeting will be held rain or shine. END OF ADDENDUM ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. Heimes Corp. Name of Firm Signed By Project Manager Title