RES 2018-0525 - PO to Oldcastle Materials Midwest Co for asphalt mixes r"....'
,NF�q r- C '" \,Y E ECT � 's; c Public Works Department
6. c4 "4'"�'' ^p Omaha/Douglas Civic Center
z r�� , 1 V�� �p 1� 'Z� I 2' 2 1 1819 Farnam Street,Suite 601
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�AOR 44ro .JUN O 5 20I8C (402)444-5220
ar�D reeR�t t T 4 t t ',ji Fax(402)444-5248
City of Omaha 01,4 B 14 c,:.;t�.>K ` Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Bid Tabulation and Resolution authorizing the Purchasing Agent to
issue Purchase Orders to Oldcastle Materials Midwest Co. d/b/a Omni Engineering, Flinn Paving
Co., Inc., and Logan Contractors Supply, Inc. for asphalt mixes (hot mix and cold patch) to be
purchased in the 2018-2019 winter season as detailed in the attached bid tabulation.
Primary hot patch supplier - Oldcastle Materials Midwest Co. d/b/a Omni Engineering
Secondary hot patch supplier - Flinn Paving Co., Inc.
Primary bagged cold patch supplier- Logan Contractors Supply, Inc.
Primary cold patch supplier - Flinn Paving Co., Inc.
The Street Maintenance Division has recommended the award of this contract based on a bid
submitted to Douglas County Purchasing on March 14, 2018. The Finance Department is
authorized to pay the cost of asphalt mixes (hot mix and cold patch)from the Street and Highway
Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2018 expenditures.
Oldcastle Materials Midwest Co. d/b/a Omni Engineering, Flinn Paving Co. Inc., and Logan
Contractors Supply, Inc. have 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 this Resolution.
Re ectfully submi-te _ Approve : it1,44-..itani
21
8
Robert G. Stubbe, P.E. Date Frank in T. ThomP on Date
Public Works Director Human Rights and Relations Director
Approved as to Funding: Referred to City Council for
Consideration:
1 4 ....".
Villa .1,64.4- '& '17tlik /7 7/1 "‹
Ste en B. Curtiss n Date Mayor's Office Date
Finance Director 'N
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• CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received on March 14, 2018 for asphalt mixes (hot mix and cold
patch) to be purchased for the year; and,
WHEREAS, Oldcastle Materials Midwest Co. d/b/a Omni Engineering, Flinn Paving Co.,
Inc., and Logan Contractors Supply, Inc. submitted the lowest and best bids within the bid
specifications for asphalt mixes (hot mix and cold patch) patching materials in the amounts
detailed in the bid tabulation.
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
Purchase Orders to Oldcastle Materials Midwest Co. d/b/a Omni Engineering, Flinn Paving Co.,
Inc., and Logan Contractors Supply, Inc. for asphalt mixes (hot mix and cold patch) to be utilized
by the Street Maintenance Division for the 2018-2019 winter season; and that, the Finance
Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131,
Pavement Maintenance Organization 116158, year 2018 expenditures.
2135grp APPROVED AS TO FORM:
547c(
,�ITY ATTORNEY DATE
•
By ( akA
Councilmember
Adopted Vr ��
CCity Clerk
Approved . . _! - A
-IA-
Mayor
BID BOND: $1,500.00 Revised 3/19/2018
Douglas County Purchasing
TABULATION OF BIDS ON: CITY OF OMAHA AND
DOUGLAS COUNTY Old Castle
Byrne& Materials QPR
Asphalt Mixes (Hot Mix and Cold Patch) Flinn Paving LoganA Division of
Jones Contractors Midwest Co.
Construction Co., Inc. Supply dba Omni Quikrete
Date of Opening Page 1 Holdings, Inc.
March 14, 2018 Engineering
Department lAs Read in Bid Committee (Non-
STREET MAINTENANCE/DC ENGINEER Responsive)
Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT
PRICE B PRICE B PRICE C PRICE B PRICE B PRICE
Est. Per CITY OF OMAHA
Year
Hot Patch Material - Paver •
1,000 tons Placed BID/ton: $100.00 No Bid No Bid $76.95 No Bid
Hot Patch Material - Hand
5,000 tons Placed BID/ton: $95.00 $68.00 No Bid $64.75 No Bid
500 tons Cold Patch Material BID/ton: No Bid $114.25 No Bid No Bid No Bid
1,000 tons Hot Patch Material - Special BID/ton: $175.00 No Bid No Bid $138.50 No Bid
$11.95 $8.50
500 bags Cold Mix Asphalt in 60 lb. bags BID/bag: No Bid No Bid (50 lb. bag) No Bid (50 lb. bag)
Minimum Daily Tonnage Quantity Required: 45 0 0 25 0
Plant Start Up Fee: $4,000.00 ea. 0 0 $4,000.00 ea. 0
Required Start Up Notice (Hours): 96 0 0 96 0
Addendum #1 Acknowledged YES -- -- -- --
Bid Bond Received: YES YES YES YES YES
Terms: Net 30 Net 30 Net 30 Net 30
Delivery: required 21-30 days 30 days 4 days
BID BOND: $1,500.00
Douglas County Purchasing
TABULATION OF BIDS ON: CITY OF OMAHA AND
DOUGLAS COUNTY Old Castle
Byrne & Materials QPR
Asphalt Mixes (Hot Mix and Cold Patch) Flinn Paving LoganA Division of
Jones Contractors Midwest Co.
Construction Co., Inc. Supply dba Omni Quikrete
Date of Opening Page 2 Holdings, Inc.
March 14, 2018 Engineering
Department IAs Read in Bid Committee
STREET MAINTENANCE/DC ENGINEER
Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT
PRICE PRICE PRICE PRICE PRICE PRICE
Est. Per DOUGLAS COUNTY
Year
Hot Patch Material - Paver
1,200 tons Placed BID/ton: $100.00 No Bid. No Bid $76.95 No Bid
Hot Patch Material - Hand
1,200 tons Placed BID/ton: $95.00 $68.00 No Bid $64.75 No Bid
200 tons Cold Patch Material BID/ton: No Bid $114.25 No Bid No Bid No Bid
Minimum Daily Tonnage Quantity Required: 45 0 0 0 0
Plant Start Up Fee: $4,000.00 ea. 0 0 0 0
Required Start Up Notice (Hours): 96 • 0 0 0 0
•
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TMH
DOUGLAS COUNTY
REQUEST FOR BiD AND BID SHEET
BID ON: CITY OF OMAHA AND DOUGLAS COUNTY Asphalt Mixes (Hot Mix and Cold Patch)
RETURN BIDS TO: Published: February 28,2018 & March 7,2018
CITY CLERK Page 1
1819 Farnam Street BID BOND O_ R CERTIFIED CHECK REQUIRED IN THE AMOUNT OF
LC-1 Omaha-Douglas Civic Center 1$1,600.00 _ J
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 on Wednesday,March 14,2018
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 will 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 AND DOUGLAS COUNTY-Asphalt Mixes(Hot Mix and Cols. 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 utTization of standard items or quantity change.
3. Right is reserved to accept or reject any or ail 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 Omaha City Council and/or the Douglas County your desire to be removed from our maifmg list TABULATION SHEETS FOR THE BIDS
Board of Commissions. Right is also reserved to accept or reject any part of your bid unless SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY WEBSITE AT
otherwise indicated by you. www.douolascountypurchasinq.orq. 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:
QUANTITY DESCRIPTION UNIT PRICE EXTENSION
Asphalt Mixes for City of Omaha and Douglas County per
the attached specifications.
Bid bond in the amount of$1,500.00 is to be
submitted with bid.
Questions regarding this bid should be sent via email to
bidquestions@douglascounty-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. Answers to questions
•
will be posted via an addendum at
www.douglascountypurchasing.org under Current Bids and
• Proposals for your specific bid, not later than the Friday prior to
•
bid opening. '
CITY BIDS: All bidders awarded a contract in the amount of$10,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&Relations
Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&Relations Department. Any questions
regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-5055.
•
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % Firm: y ( -� � ry( o,r\ Inco orated In: AI
Delivery(or completion) Name: r c) w St wiler Signature. j 1/4
calendar days following awa Title: G w4YJ iivit t K Phone i'QZ si —81$i Fax:(LiOZ) 3 8—I Z. /
Address: j 39- TJ S. Z2o S 1�� 6V'4 r`( tpW Zi�
Street/P.O.Box City State Zip
Email Address: 7 'kI.w-r co y Qyd jotoS . (��
DOUGLAS COUNTY
REQUEST FOR BID & BID SHEET
ON: CITY OF OMAHA AND DOUGLAS COUNTY-Asphalt Mixes(Hot Mix and Cold Patch)
REVISED NOT AN ORDER Page 2
QUANTITY DESCRIPTION UNIT PRICE EXTENSION
;':`.:.,.` :', . CITY OF.OMAHA
Estimated
Per Year •
1,000 Tons Hot Patch Material-Paver Placed
Availability Period: From time of award through April 10, 2019 ov
BID/Ton $ �b0 � $ 1 OVU
5,000 Tons Hot Patch Material-Hand Placed C
Availability Period: From time of award through April 10,2019 IS a� 1[ Gti
BID1Ton $ $ ` ,014)
500 Tons Cold Patch Material
Availability Period: From time of award through April 10,2019
BID/Ton $ LAo ,i' $ ht)hi d
1,000 Tons Hot Patch Material-Special
Availability Period: From time of award through,April 10,2019
BID/Ton $ I $ t 75,000
500 bags Cold mix asphalt in 60#bans
Availability Period: From time of award through April 10, 2019
,BID/bag: $ $ YU) %D 4
Minimum Daily Tonnage Quantity Required: i
titsaCY'
Plant Start Up Fee: /�`/(1[7d �n IA _' �j
Required Start Up Notice: 7E. Hours
The City of Omaha and Douglas County intend to enter into a Price
Agreements with primary and secondary suppliers from time of award
approval through April 10, 2019.
Bidder will be required to submit with all invoices documentation
supporting the price billed if the cost differs from the contracted
price.
SIGN ALL COPIES Firm ,rsj6,45.
BY lea 5
Title G LtAi
CONTINUATION SHEET ""�" '
DOUGLAS COUNTY
REQUEST FOR BID & BID SHEET
ON: CITY OF OMAHA AND DOUGLAS COUNTY-Asphalt Mixes(Hot Mix and Cold Patch)
REVISED NOT AN ORDER Page 3
QUANTITY DESCRIPTION UNIT PRICE EXTENSION
S`COUNT;Y :<:
Estimated
Per Year
1,200 Tons Hot Patch Material-Paver Placed
Availability Period: From time of award through April 10, 2019 aU
BID/Ton $ l $ /20/ba)
1,200 Tons Hot Patch Material-Hand Placed
Availability Period: From time of award through April 10,2019 ne-
tit) I
BID/Ton $ $ I!/OW
200 Tons Cold Patch Material
Availability Period: From time of award through April 10,2019 A y-
BID/Ton $ I`6 V0t $ D 61 CI
Minimum Daily Tonnage Quantity Required: r� ...
Plant Start Up Fee: "►)00I> fa 0
Required Start Up Notice: q(0 Hours
The City of Omaha and Douglas County intend to enter into a Price
Agreements with primary and secondary suppliers from time of award
approval through April 10, 2019.
Bidder will be required to submit with all invoices documentation
supporting the price billed if the cost differs from the contracted
price.
SIGN ALL COPIES Firm &c c J�S eQA41A,�j(�o
By 1 isp �p 11,u,' r
Title 6t 1T INWl 1n
CONTINUATION SHEET
DOUGLAS COUNTY
REQUEST FOR BID
ON: CITY OF OMAHA AND DOUGLAS COUNTY-Asphalt Mixes(Hot Mix and Cold Patch)
NOT AN ORDER Page 4
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.
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)and Douglas County 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
the City of Omaha and Douglas County 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)and Douglas County(COUNTY)that no elected Official or any officer or CITY/COUNTY 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/COUNTY. CONTRACTOR did not and will not provide any money or other benefit of any kind to any
CITY/COUNTY 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 and Douglas County 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)and Douglas
County(COUNTY), State and/or Federal appropriations, the CITY/COUNTY 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/COUNTY 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/COUNTY 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/COUNTY, 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/COUNTY.
PAYMENT TERMS: Net 30 payment terms shall apply to all invoices billed to the City of Omaha or Douglas County. Payment
of invoice amount will occur within 30 days following receipt of invoice or receipt of goods/services,whichever is later.
TERMINATION: Either Party may terminate this agreement without cause with thirty(30)days written notice to the other
party.
•
•
SIGN ALL COPIES Firm tg& �n4 /V '(,CJ•
✓\
By I 0/ak& Ne-
Title tv
YVVIAVA
CONTINUATION SHEET
DOUGLAS COUNTY
REQUEST FOR BID
ON: CITY OF OMAHA AND DOUGLAS COUNTY-Asphalt Mixes (Hot Mix and Cold Patch)
NOT AN ORDER Page 5
BID CLAUSES-TERMS AND CONDITIONS
INDEPENDENT VENDOR: Both parties understand and agree that(vendor)is an independent vendor under the
provisions of this Agreement and not employed by or otherwise affiliated with Douglas County(COUNTY)or the City
of Omaha (CITY). Employees of vendor(if any)are not employees of COUNTY/CITY.
Each Party shall pay all wages,salaries and other amounts due its employees and shall be responsible for all reports,
obligations, and payments pertaining to social security taxation, income tax withholding,workers'compensation,
unemployment compensation, group insurance coverage,collective bargaining agreements or any other such similar
matters.
Both parties understand and agree that vendor is solely responsible for acquiring and maintaining,for the term of this
Agreement,adequate general and special liability insurance, including but not limited to workers'compensation
insurance, sufficient to protect vendor's ability to complete performance under this Agreement.
Neither Party shall have any authority to bind the other by or with any contract or agreement, nor to impose any liability
upon the other.All acts and contracts of each shall be in its own name and not in the name of the other.
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.
SIGN ALL COPIES Firm / )()y�Q Ali iejir ,
1 obij�T
Title GtrA Va wNO yA
CONTINUATION SHEET
RESOLUTION NO. boC.)
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
Purchase Orders to Oldcastle Materials Midwest Co. d/b/a Omni Engineering, Flinn Paving Co.,
Inc., and Logan Contractors Supply, Inc. for asphalt.mixes (hot mix and cold patch) to be utilized
by the Street Maintenance Division for the 2018-2019 winter season. (The Finance Department
is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Pavement
Maintenance Organization 116158, year 2018 expenditures.)
(<2(1°
Presented to City Council
June 5, 2018
APPROVED TCv-O
8lizabeth Riefler
City Clerk