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RES 2018-0522 - PO to American Concrete Products for sewer manhole construction items oMAHa, yF RECEIVED € } r } i dp' 1 E C L : V D � �, s� Public Works Department r . ."`J�' r.l I maha Dou las Civic Center 2711,r` `r 2Qi8 HAY 25 PM 2� 2S g t2 �j �I �y 19 Farnam Street,Suite 601 p asm ►<' JUN N 5 ZQ�a Omaha,Nebraska 68183-0601 �oR ��ro (402)444-5220 apEA FEaR°P i it�( Fax(402)444-5248 City of Omaha 1O M II,H A. 3p E.11 Ft SK.Ar Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution authorizing the Purchasing Agent to issue a Purchase Order to American Concrete Products for the purchase of precast concrete construction items for sewer manholes to be utilized by the Sewer Maintenance Division. Sewer Maintenance has recommended the award to American Concrete Products based on a bid submitted to Douglas County Purchasing for City of Omaha Manhole Precast Concrete (Re-bid) on March 28, 2018, in the amount of$55,330.00. The Finance Department is authorized to pay the cost of this purchase from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2018 funding. American Concrete Products has:filed the required Contract Compliance Report, Form CC-1, as. determined by the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution. Respectfully submitted, Approved: :14464114(,- Ro ert G. Stubbe, P.E. Date Franklin T. Thomps`n Date Public Works Director Human Rights and Relations Director Approved as to Funding: Referred to City Council for Consideration: / 4. A 67,4, 316: ‘ 1---JC 4(. c `titY712. 2 Sp 0 K Step n B. Curt �iss nil Date Mayor's Office Date Finance Director 2130Cgrp C-25A CITY OF OMAHA LEGISLATIVE CHAMBER • Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Public Works Department desires to purchase sewer manhole construction items to be utilized by the Sewer Maintenance Division; and, WHEREAS, American Concrete Products submitted a bid of $55,330.00 for these construction items to Douglas County Purchasing for the bid named City of Omaha Manhole Precast Concrete (Re-Bid) on March 28, 2018; and, WHEREAS, the cost of this purchase is to be paid from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2018 funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to American Concrete Products for the purchase of sewer manhole construction - items to be utilized by the Sewer Maintenance Division in the amount of$55,330.00; and that the - - Finance Department is authorized to pay the cost of this purchase from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2018 funding. 2130grp APPROVED AS TO FORM: A:ITY ATTORNEY DATE • By3e '\ Councillnember Adopted �1�.1.... ty Clerk Approved kr.. -vti Mayor • BID BOND: 5% Douglas County Purchasing TABULATION OF BIDS ON: CITY OF OMAHA . MANHOLE PRECAST CONCRETE (Re-Bid) American Date of Opening Page 1 Concrete March 28, 2018 Products Department IAs Read in Bid Committee PUBLIC WORKS-SEWER MAINTENANCE . Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT PRICE B PRICE PRICE PRICE PRICE PRICE . MANHOLE PRECAST CONCRETE(Re-Bid) (Estimates) 20 each MH Barrel Section 54" ID x 48" BID/each: $740.00 5 each. MH Barrel Section 54" ID x 48"with knockouts as needed BID/each: $740.00 10 each MH Barrel Section 54" ID x 32" BID/each: $490.00 10 each MH Barrel Section 54" ID x 16" BID/each: $250.00 2 each MH Flat-top 54" ID x 8" BID/each: $500.00 MH Cone Transition 54" ID x 36" 10 each (concentric) BID/each: $555.00 MH Cone Transition 54" ID x 36" 2 each (off set) BID/each: $740.00 20 each MH Riser Section 26" ID x 32" BID/each: $200.00 20 each MH Riser Section 26" ID x 16" BID/each: $120.00 100 each MH Riser Section 26" ID x 8" BID/each: $75.00 125 each MH Riser Section 26" ID x 4" BID/each: $60.00 ALL OR NONE TOTAL BID: $55,330.00 • BID BOND RECEIVED: YES Terms 100% / Net 30 • RS DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA Manhole Precast Concrete(Re-Bid) RETURN BIDS TO: Published: March 14,2018 Page 1 ' CITY CLERK 1819 Farnam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT 5% LC-1 Omaha-Douglas Civic Center IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS$20,000 OR MORE, Omaha,NE 68183 • BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO • "CITY OF OMAHA" NOT AN ORDER Bid Opening Time&Date: 11:00 a.m.CST or Wednesday,March 28,2018 • IMPORTANT 1. Bid must be in the office of the CITY CLERK,1819 Famam Street,LC-1, 4. If Federal Excise Tax applies,show amount of same and deduct. • OMAHA-DOUGLAS CIVIC CENTER,Omaha,NE 68183 Exemption certificates MI be furnished. Do not include tax in bid. by the opening date and time indicated in a sealed envelope marked: BID ON:CITY OF OMAHA Manhole Precast Concrete(Re-Bid) 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. 2. As evidence of good faith a bid bond or certified check must be submitted with bid. 6. When submitting bid on items listed,bidder may on a separate sheet,make Bid bond or certified check shall be made payable to'City of Omaha" 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 bid,return sheets with reason for declining. Failure to do so will indicate have the right to appeal any decision to the City Council Right is also reserved to your desire to be removed from our mailing tst TABULATION SHEETS FOR THE BIDS accept or reject any part of your bid unless otherwise indicated by you. SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY WEBSITE AT www.douglascountypurchasinq.orq. DO NOT CALL FOR THIS INFORMATION. price, deliverydelivery point on the item . - ... - Quote your lowest best and terms,F.O.B.F.O,B. (sf fisted beiovv: QUANTITY DESCRIPTION • . •• • UNIT PRICE EXTENSION Manhole Precast Concrete products per the attached specifications. ALL OR NONE TOTAL BID: $ CC 3 36 (5%Bid Bond is to be based • upon this amount,if over $20,000.00) Questions regarding this bid should be sent via email to bidquestions@dougrascounty-ne,gov., Vendor must include the bid title and opening date in the subject line. The deadline to submit questions on this bid is 11:00 • a.m. on the Thursday before the bid opening date. All bidders awarded a contract in the amount of$10,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&Relations Department the Contract Compliance Report(Form CC-I). This report shall be in effect for 24 months from the date received by the Human Rights&Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) • Payment Termsl00 % & Dp %.f;Firm: f ar,2 a,„ dr �jty�u d,'fS Incorporated In: Delivery(or completion) Name: smorr- 6 Signature.' 5- calendar days following Title: t .�A b/L Phone:�u1 33t 5-7-7 Fax: award Address: 4�- 8oX 3t8 .lw• 4f Nle CDS0(p'-4 Street/P.O.Box City State Zip Email Address: bgo-U+wgcv'e._ aiMtev"C0• COW • DOUGLAS COUNTY REQUEST FOR BID • ON: CITY OF OMAHA- Manhole Precast Concrete (Re-Bid) NOT AN ORDER Page 2 QUANTITY ' DESCRIPTION UNIT PRICE EXTENSION The term of this price agreement will be one(1)year with the option to extend one(1)more year at the same price at the sole discretion of the City of Omaha. Do not install internal ladder steps inside the manhole risers or barrels. it Au_ Smci NAB zTBPS tll4 Estimated 20 each MH Barrel Section 54" ID x 48" Bid/each: $ 7440 $ /V9cO 5 each MH Barrel Section 54" ID x 48"with knockouts as needed Bid/each: $ 7 4° $ ,77ap 10 each MH Barrel Section 54" ID x 32" Bid/each: $ 7 9 0 $ 7 S'd° 10 each MH Barrel Section 54"ID x 16 - Bid/each: $ Z 5-4/ . P yroo 2 each MH Flat-top 54" ID x 8" Bid/each: $ .SoC2 $ / "4" - 10 each MH Cone Transition 54" ID x 36"(concentrric.) ) • Bid/each: $ CSC $-5T"0 48 ��'`� 2 each MH Cone Transition 54" ID x '(off set) eNTf21G Bid/each: $ 740 $ / yr6d 20 each MH Riser Section 26" ID x 32" • ' Bid/each: $ Zoo $ 460 20 each MH Riser Section 26"ID x 16" Bid/each: $ (ZO $ Z f/e0 100 each MH Riser Section 26" ID x 8" • Bid/each: $ �S $ 7.5.7 125 each MR Riser Section 26" ID x 4" Bid/each: $ (o D $ 7.61v ALL OR NONE TOTAL BID(please put this amount on Page 1): $ fs 33 d Include any shipping, handling, and surcharges in your bid.St+I PD,46 0OT .=N tµop ex) SIGN ALL COPIES Firm E'c#144( G"-e'TF /o or...t rj BY wrr C A- -.c r A/6 eV( Title foi-c &'S 014 6 2 CONTINUATION SHEET DOUGLAS COUNTY , REQUEST FOR BID ON: CITY OF OMAHA-Manhole Precast Concrete(Re-Bid) NOT AN ORDER Page 3 BID CLAUSES - TERMS AND CONDITIONS REQUIREMENTS FOR BID BOND: The surety company issuing the bid 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 chartered under the laws of the state, payable to the City of Omaha, or lawful money of the United States, or a United States Government Bond(negotiable)are acceptable substitutes for bond requirements. LETTERS OF CREDIT AND COMPANY CHECKS ARE NOT ACCEPTABLE SUBSTITUTES FOR A. BID BOND AND WOULD BE CAUSE FOR REJECTION OF BID. If a bidder submits more than one bid, only one bid bond is required; however,the 5%bid bond must be calculated using the highest bid amount of all submitted bids. Vendor Restrictions: From the date the bid is issued until a determination is announced regarding the selection of the contractor, contact regarding this project between potential consultants/vendors/contractors and individuals employed by the City of Omaha(Omaha)is restricted to only written communication with the person designated as the point of contact for this bid. Once a contractor is preliminarily selected, that contractor is restricted from communicating with Omaha employees with the exception of employees designated to negotiate, discuss or finalize a contract. Violation of this condition may be considered sufficient cause to reject a contractor's proposal and/or selection irrespective of any other condition. Conflict of Interest: Pursuant to Section 8.05 of the Home Rule Charter and all state and local rules, CONTRACTOR assures City of Omaha(CITY)that no elected Official or any officer or CITY employee shall have a financial interest, direct or indirect, • in any CITY agreement. In the performance of this agreement,CONTRACTOR will avoid all conflicts of interests or appearances of conflict of interest. CONTRACTOR will report any conflict of interest immediately to the CITY. CONTRACTOR did not and will not provide any money or other benefit of any kind to any CITY employee in the procuring of, facilitation of, and execution of or during the duration of this Agreement. Drug Free Policy: CONTRACTOR assures City of Omaha that CONTRACTOR has established and maintains a drug free workplace policy. Unavailability of Funding: Due to possible future reductions including but not limited City of Omaha(CITY), State and/or Federal appropriations,the CITY cannot guarantee the continued availability of funding for this Agreement, notwithstanding the consideration stated in this Agreement. In the event funds to finance this Agreement become unavailable either in full or in part due to such reduction in appropriations,the CITY may terminate the Agreement or reduce the consideration upon notice in writing to Contractor. The notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The CITY shall be the final authority as to the availability of funds. The effective date of such Agreement termination or reduction in consideration shall be specified in the notice as the date of service of the notice or the actual effective date of the CITY,State and/or Federal funding reduction,whichever is later. Provided,that reduction shall not apply to payments • made for services satisfactorily completed prior to the effective date. In the event of a reduction of consideration,Contractor may cancel this Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to CITY. PAYMENT TERMS: Net 30 payment terms shall apply to all invoices billed to the City of Omaha. Payment of invoice amount will occur within 30 days following receipt of invoice or receipt of goods/services,whichever is later. Y 4 his is an All or None bid. Vendors must bid on every item listed in the bid sheets, or it will be cause for rejection of bid. • • SIGN ALL COPIES Firm ". -?-e.-4-'a"' Gr„,c. By r'3,1_ 1T ..— w Title S.-..-c ic. AN-0. -- CONTINUATION SHEET • DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA- Manhole Precast Concrete (Re-Bid) NOT AN ORDER Page 4 BID CLAUSES-TERMS AND CONDITIONS Equal Employment Opportunity: In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1122, the Contractor agrees that neither it nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of this Agreement,with respect to hire, tenure,terms, conditions, or privileges of employment because of the race,color, religion, sex,disability, or national origin of the employee or applicant. New Employee Work Eligibility Status(Neb. Rev.Stat.§4-108-114) The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security.or other federal agency authorized to verify the work eligibility status of a newly hired employee. • If the Contractor is an individual or sole proprietorship, the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor • agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. • • • • Fir �.,,Ge y.i� c-voo c td' 1".`0g4.e f SIGN ALL COPIES nli BY 4r r a✓�/� Title 3G. CONTINUATION SHEET Responsible Contractor Compliance Form RC-1 pbttiHA,,y ta 1. Regulation: o\4''}?, rtaxv"Cy - A. Article IV,Division I of Chapter I0 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-I form will make your bid null and void. 2. Filing this Report(please initial in the boxes below): --Contractoragrees 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 Misclassification of Employee law(Neb.Rev. Stat. Section 48-2901 et seq.). J. / Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards `t't— Law(Neb.Rev. Stat. Section 73-104 et seq.).ill Contractorhas not been convicted of any tax violations(local,State and.Federal)within the last - three years from the date this bid is submitted. J.. Contractor has not,upon final determination by the Occupational Safety and Health rus Administration,been convicted of a criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been convicted of 3(three)separate"serious"OSHA violations / within the past three(3)years. rf: Contractor agrees to make a good faith effort •. Insure all subcontractors employed on this project i ..comply w' 1 e prow ions of the Respons . •ontractor Compliance Form RC-1. . / Ntbidi :tgn. LM:' Date :y 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 l 0 years. EMPLOYEE CLASSIFICATION ACT: Each contractor who performs construction or delivery service pursuant to this contract shall submit with their bid submission an affidavit attesting that (1) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"); (2) such contractor has completed a Federal I-9 Immigration form and has such form on file for each employee performing services; (3) such contractor has complied with Neb. Rev. Stat. Section 4-114 (Federal Immigration Verification System--E- Verify); (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker; and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by City of Omaha/Douglas County. CONTRACTOR shall follow the provisions of the Employee Classification Act (Act). A violation of the Act will be a material breach and, in addition to any other remedies, be grounds for immediate contract rescission. If CONTRACTOR is performing construction or providing delivery service, CONTRACTOR shall submit an affidavit that complies with the Act. CONTRACTOR will also ensure that all subcontractors performing services for Contractor will also complete affidavits that comply with the Act. Contractor may submit the affidavit(s) with their bid submission. In all circumstances, Contractor shall provide the affidavits before work or services are undertaken pursuant to this Agreement. Following award, if CONTRACTOR changes or adds additional subcontractors, CONTRACTOR shall ensure that the subcontractor provides an Employee Classification Act affidavit to Douglas County Purchasing Department before that subcontractor begins work or services. . All Employee Classification Act affidavits shall be sent to: Douglas County Purchasing Agent, 1819 Farnam Street, Room 902,Omaha NE 68183. FAIR LABOR STANDARDS: CONTRACTOR agrees to maintain FAIR LABOR STANDARDS as defined in Neb. Rev Stat§ 73-104. CONTRACTOR has filed with Douglas County (City/County Purchasing) a statement that it is complying with and will continue to comply with, fair labor standards as provided in Neb. Rev. Stat. §§73-102 & 73-104. In addition, CONTRACTOR assures County that it will continue to comply with statutory fair labor standards throughout its performance under this contract. AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT &FAIR LABOR STANDARDS I, ----_.J 6,S air„.,,,_,__ , being first duly sworn under oath, state and depose as follows: • 1. I am competent to testify to, and have personal knowledge of,the matters stated in this affidavit. 2.2. I am (a contractor) or (the authorized agent of the contractor) for Q[�tCJ4P/ ( ,vUitri . otSL'CT3 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"); (b)Contractor has completed a federal I= . 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 th t. FURTHER AFFIANT SAYETH NAUGH ractor) SUBSCRIBED AND SWORN TO before me this 21 day of l( , 20 GENERAL NOTARY State of Nebraska No ary P lic KILEY E ENGDAHL My Comm.Exp.Jan.17,2021 RESOLUTION NO. 5cZ Item Submitted By: Gary Pech Department: Public Works Council Meeting Date: June 5, 2018 Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to American Concrete Products in the amount of $55,330.00 for the purchase of sewer manhole construction items to be utilized by the Sewer Maintenance Division. (The Finance Department is authorized to pay the cost of this purchase from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2018 funding.) 5 Presented to City Council June 5, 2018 APPROVED-7 O 0-0 8llzabeth /'i{tier City Clerk