RES 2002-0373 - PO to Flex-O-Lite for pavement marking beads . _ ..
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�A� ��� � Public Works Department
Z/_ �►, t Omaha/Douglas Civic Center
... � r,-e'J `r ' 1819 Farnam Street,Suite 601
o -- . : February 12, 2002 Omaha,Nebraska 68183-0601
Ao•P FEBR°t'sy~ (402)444-5220
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 Flex-O-Lite on the bid for the purchase of pavement marking beads to
be utilized by the Traffic Engineering Division.
The following bids were received on January 23, 2002.
Contractor Total Bid
FLEX-O-LITE $43,491.00 (LOW BID)
Potters Industries $44,650.00
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 Faun (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 marking
beads from the Pavement Markings Organization 1429, Street and Highway Allocation Fund
103, year 2002 funding.
The Public Works Department recommends the acceptance of the bid from Flex-O-Lite in the
amount of$43,491.00, being the lowest and best bid received, and requests your consideration
and approval of this Resolution.
Respectfully submitted, Ref e o City Co cil for Consideration:
.....,e________---gdy70 .Si -6-o
Norm ackman, P.E. Date Mayor's Offic Title Date
Acting Public Works Director
Appro d as to Funding: Approv d:
iffeTh.4./..4.44A-—'•
Stanley P. T Date eg. aid L. You g Date
Finance Director `. 0 Human Relati s Di ector
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(No T. City Of Omaha
Purchasing Divisionk ,
Page 1 1--
TABULATION OF BIDS ON:
BEADS, PAVEMENT MARKING 1\
Date of Opening
January 23,2002 -,?
Department As Read in Bid Committee J C\
Traffic Purch.Agent: C) _
UNIT UNIT (> UNIT UNIT UNIT UNIT UNIT
Quantity DESCRIPTION PRICE PRICE PRICE PRICE PRICE PRICE PRICE
Estimated
190,000 lbs Pavement Marking Beads per specifications.
BID/lb. r ,z.�, 1 I , 3S
ry
30,001-60,00C Lbs. pavement marking beads BID/lb. a .,..;2.2k1Oti : 1JU PR
60,001-90,000 Lbs. pavement marking beads BID/lb. , 'r Af riA0 _
Over 90,000 Lbs. pavement marking beads BID/lb. ,`.z q Do 11,70)
II) . ,
190,000 lbs If ordered from one vendor BID/lb. , `'9,,) ) , 3S
/t[::x 0!-i if-'. P67-16 2
MANF. & NO. OFFERED Pre specs ;b-5 _
P1+014-raf9d:
CITY OF OMAHA
, .'•REQUEST FOR BID AND BID SHEET '• . , . .
• - ON:tBEADS,PAVEMENT MARKING ,
T, ,
. ,FROM: Frank Barbour - ' Published January 9,2002
., ` Acting City Purchasing Agent, . - ' :NOT AN`ORDER • . , 'Page 1
•1003 Omaha-Douglas Civic Center, 4. .
`1819 Famam Street • 'BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT
Omaha,Nebraska 68183-0011 • ' ' ' OF $1,000.00 '
Bid Closing Date
11:00 A.M. January 23,2002 •, -
• 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 mist be in the office of the CITY CLERK LC-1,OMAHA-DOUGLAS CIVIC CENTER,
1819 Famam Street,Omaha,NE 68183-0011 by the dosing date and time indicated. . . ` . •
in a sealed envelop marked BID ON: 5:BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES.
BEADS,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 acceptor reject any or all bids in their entirety arid the bidders shell.. 7. If you do not desire to bid,return sheets with reasons for declining. Failure to do so k
have the right to appeal any decision to the City Council.'Right is also reserved to, r wig•. 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. - '' ° - ' _ • ,_..=x- . =- -,`
.,
PLEASE DO NOT CALL FO
R THIS INFORMATION. •
' Quote your lowest price,Test delivery and terms,F.O.B.delivery point on the'Inuits)listed below:
QUANTITY DERRIPTION _ ,UNIT PRICE EXTENSION '
• Estimated
190,000 lbs • Pavement Marking Beads.per specificatiotis(1 page)dated " _ ' • -
November 29, 2001. BID/lb. $ •
30,001-60;000 Lbs.Pavement Marking Beads as above. BID/lb. $ ' . • '
. 60,001-90,000 Lbs. Pavement Marking Beads as above:. BID/lb: $ , ,
Over 90,000 Lbs. Pavement Marking•Beads as above. , ' BID/lb. $
• f.
190,000 lbs If ordered from one vendor • BID/lb. $ $ • •
MANUFACTURER& NUMBER OFFERED:, - ' • • '
BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING 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 questions regarding the BID or SPECIFICATIONS directly to the Purchasin4 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)
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: BEARS,PAVEMENT MARKING
NOT AN ORDER Page 2 ,
QUANTITY DESCRIPTION UNIT PRICE EXTENSION
Estimate ALTERNATE
190,000 Lbs. Echolux(Cataphote) High Adhesion Glass Bead'product code
#8508 or MPC(Potters),Coated_Glass Bead, or Star Brite •
(Flex-O-Lite)treated Glass Bead or equal. BID/lb $
30,001-60,000 Lbs. Pavement Marking Beads as above. BID/lb $
60,001-90,000 Lbs. Pavement Marking Beads as above. BID/lb $
Over 90,000 Lbs.'Pavement Marking Beads as above - ; BIDi1b $ =
190,000 Lbs. If ordered from one vendor ?• BID/lb $ '' $�6'r >zt ,I;
MANF. &NUMBER OFFERED , • 7.:<. t -
Two copies of complete technical and descriptive literature required with bid.
Deliveries as called for by quantities required, as follows:
1.•First delivery(Esi.62,000 ills)Marc:I.2p, 2002. Sixteen 2,000ffccr.'t ine c.,1.ix hundred 50#b s. -
- 2. Second delivery(Est.62,000 Ibs)May 20, 2002. Sixteen 2,000#containers, six hundred 50#,bags..
•
3. Thirddelivery(Est.66,000 Ibs)July 22, 2002. Eighteen 2,000#containers, six hundred.50#bags.,
100,000#in 2000#containers. 90,000#in 50#bags.
Minimum deliveries will be 30,000 lbs. Minimum award for any type bead will be 30,000 lbs.
• Budget constraints will be considered in making the award.
Estimated total volume of beads ordered to be approximately 190,000 lbs.
•
Questions regarding this bid may be directed to Pat Lulow at(402)444-5160.
NOTE: REQUIREMENT FOR$1,000.00 BID BOND
The surety company issuing said 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.
SIGN ALL COPIES Firm
•
By
Title
CONTINUATION SHEET
PH-8C (91)
CITY OF OMAHA
PUBLIC WORKS DEPARTMENT
SPECIFICATIONS
FOR
DUAL TREATED PAVEMENT MARKING BEADS FOR WATER BASE PAINT
NOVEMBER 29,2001
1. GENERAL
These specifications are intended to cover certain physical qualities of glass beads to be applied on
the wet film surface of pavement marking paint to improve the nighttime visibility of the pavement
marking. The furnishing of glass beads under these specifications shall not be dependent upon the
furnishing of the white and/or yellow paint,nor will the furnishing of beads be divided in any manner
dependent upon any division in the furnishing of white and/or yellow paint.
2. PHYSICAL PROPERTIES
A. The beads shall be manufactured from glass of a composition designed to be highly resistant to
traffic wear and to the effects of weathering. The beads shall have no objectionable color that
affects the hue of the binder to which they are applied.
B. Glass beads for pavement marking shall meet AASHTO M-247,Type I,"standard gradation"
except the beads shall have a minimum of 80%true spheres. The beads shall be made from clean
colorless transparent glass and shall be smooth,spherically shaped,and free from milkiness,pits
excessive air bubbles,chips,and foreign material. The beads shall have a dual surface treatment
consisting of a moisture resistant silicone treatment and a silane adherence surface treatment.
The dual treated beads shall pass the Spoon Test method of testing glass beads tor moisture
resistance,and shall pass the Dansyl Chloride Test method of testing glass beads for adherence
coating.
3. CONTAINER
The beads shall be furnished one-half quantity in 50 pound bags and one-half quantity in 2000 pound
containers,both being waterproof and leakproof containers. Any seams shall be the
double stitched fold-over(fell seam)type. Each container shall be legibly marked with the
manufacturer's name,and the year the beads were packaged,the weight and the lot number. Beads
received in containers shall be dry,with no caking of the beads.
4. TESTING
City of Omaha will have beads randomly tested by an independent laboratory. If beads are found to
not meet specification,the supplier agrees to pay all testing expenses and replace entire shipment within
two weeks(14 days)of notification. If replacement shipment is not received within 14 days,the City
will commence using the off-spec beads at whatever rate is necessary to provide proper coverage. The
remaining balance of the original shipment shall be returned at supplier's expense,at time of delivery
of replacement shipment. There will be no charge for the usage of the off-spec beads.
5. CERTIFICATION
The manufacturer shall furnish one copy of a certificate for each lot of the material furnished, giving
the properties of the beads and certifying that they meet the required specifications. The affidavit shall
show designation of the sample, lot number,and date of manufacture.
win/glenn/beadspec
All bidders are to comply with the Omaha Contract Compliance Program as follows:
Civil Rights Compliance—Omaha Contract Compliance Program Revised effective 8/15/2001.
DEFINITIONS:
Disadvantaged Business Enterprise
DBE must meet all of the following criteria:
(1) Has been in existence for at least one year and
(2)Not an affiliate or subsidiary of a business dominant in its field of operation and
(3)Is not: a manufacturer's rep; a franchise; a business where the owner is an owner or part owner of another
similar business; or a non-stocking retailer or wholesaler and
(4)At time of application as evidenced by its income tax returns, gross receipts have not exceeded$150,000.00 and
(5) The net worth of individual owners may not exceed the sum of$150,000.00 after excluding the individual's equity
in their primary residence. "Owner"includes a spouse,parents and/or children living in the household And
(6)Individual owners may not hold more than 20% ownership in any other single business. "Owner"includes a
spouse,parents and/or children living in the household
When the business completes five years of participation in the program or its gross receipts reach the sum of$500,000.00 for
a fiscal year or any one or more of the owners'net worth reaches the sum of$250,000.00 as calculated in subsections (5)
and(6), whichever occurs first, said business will be decertffied and no longer participate in the program.
Protected Class
PC consists of
(a) Black
(b) Hispanic
(c) Asian and Pacffic Islander
(a) American Indian or Alaskan Native
(e) Female
Protected Business Enterprise
PBE consists of
(a) 51% of a business owned, controlled and actively managed by PC members
(b) 51% of the stock of a publicly owned business is owned and controlled by PC Members
(c) Provided that PC ownership and interests are real and continuing and not created for the purpose of complying to
obtain a contract or subcontract
In Compliance Employer
ICE consists of
(a) .An employer that has at least 25% of PCs as the total number of employees in full or part time positions
(b) Provided that these PC positions are not created for the purpose of complying to obtain a contract or subcontract
It has been declared necessary and expedient to require certain provisions in contracts with the City of Omaha to promote
equality of opportunity in employment without regard to race,creed,color, sex, religion or national origin. This will promote
and encourage socially and/or economically disadvantaged Omaha businesses to compete for city contracts and to encourage
diversity by the City in the award City contracts and to promote equality of access to city contracts.
"Contractor" is defined as any person, partnership, corporation, association or joint venture which has been awarded a
contract, and includes every subcontractor on such a contract.
"Subcontractor" is defined as any person, partnership,corporation, association or joint venture which supplies any of the
work, labor services, supplies,equipment, materials or any combination of the foregoing under a contract with the contractor
on a contract.
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The term "lowest and best bid"whenever used in this division shall include authority but not a requirement to award
a contract to a disadvantaged business enterprise that is not the low bidder, but who is awarded a contract or
subcontract determined by the city to be an acceptable cost higher than a competing lower bid, except for specially
assessed projects. The cost differential in each contract shall not exceed 3%.
The Finance Director shall administer and enforce, maintain and report contract statistics, for quarterly reports, determine
which program goals are met,advise departments"lowest and best" bid determinations and attaining program goals,
implementing rules and procedures, and making fiscal determinations for compliance with the program.
10-192 All contracts hereafter entered into by the city shall incorporate an equal employment opportunity clause,which shall
read as follows:
All Bidders are required to comply with the Omaha Contract Compliance Program.
During the performance of this contract,the contractor agrees as follows:
a) The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex,
age, disability or national origin. The contractor shall take affirmative action to ensure that applicants are employed and the employees
are treated during employment without regard to their race, religion, color, sex or national origin. As used herein, the word "treated"
shall mean and include,without limitation,the following: recruited,whether by 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 offices setting forth the provisions of this nondiscrimination clause.
b) 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, age,disability.
c) The contractor shall send to each iabor union or representative ofwu ke►s with which he has a collective, bargaining
agreement or other contract or understanding, a notice advising the labor union or workers' 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.
d) 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, including the
information required by sections 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(a)through(g)of this subsection.
The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein.
e) 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(a).through (g)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 the provisions of this
division; and in 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.
f) The contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the contractor in
the same form and 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.
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g) The contractor shall include the provisions of paragraphs (a) through (g) of this section, "Equal employment
opportunity clause." And section 10-193 in every subcontract or purchase order so that such provisions will be binding upon
each subcontractor or vendor.
10-194 All notices to bidders published shall include as part of the specifications the condition that all bidders are required to
comply with the Omaha Contract Compliance Program.
As part of the bid documents, each bidder files contract employment reports that confirms:
(a) That the contractor has notified community organizations that they have employment opportunities available and
shall maintain records or any responses
(b) That the contractor maintains a file of names and addresses of each PC worker referred and what action taken in
respect to these referred workers, and if the worker was not employed, the reasons therefore. If such worker was not
sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor's file
shall document this and the reasons therefore.
(c) Contractors will contact the contract compliance officer when the union or unions that the contractor has a collective
bargaining agreement have not referred a minority worker sent by the contractor or if there is information that the
union referral process has impeded his goal.
(d) That the contractor has solicited bids for subcontractors from PC subcontractors engaged in trades covered by their
regulations, including circulation to minority associations.
(e) Contractor certifies that all employees&directly involved with the contract will be given a discrimination prevention
presentation approved by HR in one of the following:
a. Contractor has a Bureau of Apprenticeship(BAT)approved apprentice program
b. The company EEOC officer has attended a City of Omaha HRD course and then teaches all employees
involved with the contract
c. All employees involved with the contract who have a direct contract with the public attend a discrimination
presentation course presented by HR
(f) If a complaint is filed against the contractor and found to be valid by HR, all employees involved in the complaint
will attend a HR discrimination course before the company can be awarded future contracts andior received final
payment for the current contract.
10-200 Award of City contracts to PBEs,and ICEs,and DBEs.
(a) Commencing on 1/1/2001,the City shall make a good faith effort feasible to award supply, service and construction
contracts in amounts in no less as determined by the Finance Director by 12/31 of the prior year, to proportionate to
the percentage the PBE bears to the total business in the proposed contract industry. These goals shall apply to the
dollar volume of those contracts.
(b) Commencing on 1/1/2001,the City shall make a good faith effort feasible to award supply, service, and construction
contracts to DBEs in amounts no less than 10%of dollar volume of contracts awarded by the City.
(c) Exclusions to these percentages are ccntracts awarded to public utilities and other governmental units. Contracts
awarded in amounts of$1,000.00 or less shall be specifically excluded from the total contracts awarded but not from
the total volume of contracts awarded.
•
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5
c 2sA\ CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received on January 23, 2002, for the purchase of
pavement marking beads to be utilized by the Traffic Engineering Division; and,
WHEREAS, Flex-O-Lite submitted a bid of$43,491.00,being the lowest and best
bid received within the bid specifications, for the purchase of pavement marking beads.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the. bid of $43,491.00 from Flex-O-Lite Industries for the purchase of
pavement marking beads 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.
BE IT FURTHER RESOLVED:
THAT, the Purchasing Agent be authorized to issue a purchase order to Flex-O-
Lite for the purchase of pavement marking beads.
BE IT ALSO FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the cost of the purchase of .
pavement marking beads from the Pavement Markings Organization 1429, Street and Highway
Allocation Fund 103, Agency 140, year 2002 funding.
APPROVED AS TO FORM:
/30
CITY ATTORNEY DATE
P:\PW\2662sap.doc
y - N ` i ., iciimember
Adopted EB 4i2CitC1erk
.4,,.
_Approved.... �, r Oy_
i M yor
NO. c.J
Resolution by
Res. authorizing the Purchasing Agent to
issue a Purchase Order to Flex-O-Lite on the • {
bid for the purchase of pavement marking `
beads to be utilized by the Traffic 1
Engineering Division in the amount of ; I, -
$43,491.00, to be paid from the Pavement ;
Markings Organization 1429, Street and (1
Highway Allocation Fund 103, Agency 140, •
year 2002 funding. 1
P:\PW\2662sap.doc
5
Presented to City Council
FEB 1 2 2082
Adopted •7-o "
I/_JGot?r grown
City Clerk