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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 ® y�CY ltfir n ti Omaha,Nebraska 68183-0601 �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 2135Cgrp C-25A • 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 • • • 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