Bid Notice-OPS Gomez Heritage Elementary Boiler Replacement.pdf

Bid 26-042 i

Bid Invitation Bid No. 26-042

TO BE CONSIDERED, BIDS MUST BE RECEIVED PRIOR TO THE DEADLINE

LATE BIDS WILL NOT BE ACCEPTED

The Board of Education for Douglas County School

District 0001 (Omaha Public Schools) invites bids for:

OPS Gomez Heritage Elementary Boiler Replacement

RETURN TO:

Omaha Public Schools District Operational Services

3215 Cuming St., Omaha, Nebraska 68131

Bid Number 26-042

Date of Issuance of Bid 5/14/2026

Prebid Meeting – Mandatory

5/21/2026 @ 9 AM C.T

OPS Gomez Elementary

5101 S 17th St, Omaha, NE 68107

Deadline for Submission of Questions 5/29/2026

Bid Submission Deadline 6/12/2026

Anticipated Bid Award & Board of Education Approval Timeline 7/13/2026

Substantial Completion of Project 9/30/2026

Question Submission Email Box Address Questions_Clarifications_1@ops.org

Microsoft Teams Meeting Phone Number for Bid Opening +1 402-509-3892

Microsoft Team Conference ID for Bid Opening 435843357#

Address for in Person Bid Opening

District Operational Services Purchasing Division

Omaha Public Schools 3215 Cuming Street Omaha, NE 68131 ii

TABLE OF CONTENTS

COVER PAGE Page i

TABLE OF CONTENTS Page ii

SECTION 1: Bid Invitation Page 1

SECTION 2: Contract Specifications Page 1

SECTION 3: Project Drawings and Project Specifications Page 4

SECTION 4: Bid Submission Instructions and Requirements Page 6

SECTION 5: General Terms and Conditions Page 10

BID PROPOSAL FORM Page 23

SIGNATURE PAGE Page 24

PERFORMANCE LABOR MATERIAL BOND FORM Page 25

PROJECT SPECIFICATIONS EXHIBIT A

PROJECT DRAWINGS EXHIBIT B

1.0 BID INVITATION

Douglas County School District 0001 (“Omaha Public Schools”), (“OPS” or “District”) invites qualified bidders to submit bids to furnish OPS with all labor, materials, tools, equipment, utility and transportation services and related work and supplies necessary for replacement of the boiler at Gomez Elementary School, 5101 S 17th St, Omaha, NE 68107, and related improvements. The work includes, but is not limited to, demolition, electric, controls, structural, mechanical, and plumbing required to replace existing boiler with two new hot water boilers and related equipment, (referred to herein as “the Project” and may also be referred to as “the Work”) in accordance with the Bid Documents, including the specifications and plans developed by the District and Advanced Engineering Systems, Inc. A more detailed description of the Work to be performed can be found in Section 2.0, Contract Specifications, Section 3.0, Project Drawings and Project Specifications and in Exhibits A and B below. Bids must be completed on the bid form provided in the Bid Documents and submitted in accordance with the requirements stated in these Bid Documents. For purposes of this Bid, the term “Bid Documents” includes the following documents: Bid Invitation, the Contract Specifications, the Project Drawings and Project Specifications, the Bid Submission Instructions and Requirements, the General Terms and Conditions, the Bid Form and Signature Page, Exhibits A, Project Specifications and Exhibit B Project Drawings and any Addenda issued prior to bid opening. The Bid Documents are not complete unless all of these documents are included. Bidders should review all the Bid Documents carefully before submitting a bid proposal since these Bid Documents, along with other documents that are referred to in the Bid Documents, will be incorporated into and will become a part of any Purchase Order or Contract (as hereinafter defined) between OPS and a successful bidder for the Work.

Please note the mandatory pre-bid meeting requirement for all potential bidders. See Section 4.4 below.

Submit bids in a sealed opaque envelope or container clearly marked on the exterior of the envelope or container with the information listed below:

BID No. 26-042, OPS Gomez Heritage Elementary Boiler Replacement

Address for submission of bids:

Omaha Public Schools

District Operational Services

3215 Cuming St.

Omaha, NE 68131

Hand-delivered bids shall be brought to the Security Desk at the East Entrance on the Ground Floor of the Teacher Administrative Center (TAC ) at the above address.

2.0 CONTRACT SPECIFICATIONS

2.1 SPECIFICATIONS & SCOPE OF WORK

The Work called for in these Bid Documents includes demolition of one (1) existing boiler, and piping. Demolition of expansion tank and piping. Removal from OPS property and proper disposal of all demolition scrap and debris. Installation of two (2) new high efficiency hot water boilers in an adjacent room being converted to a mechanical room. Installation of new heat exchangers to provide backup heat to an existing ground source heat pump loop from the new hot water boilers.

Including all required piping, controls, ducting and general work required so that all equipment being supplied by the Contractor will be fully operational and operate in accordance with Manufacturer’s specifications and the requirements of the Contract Documents (as defined in Section 5.1 below).

In general, all materials and equipment to be furnished by the Contractor must be of good quality, new and unused, undamaged, and shall be constructed, delivered and installed as required in the Contract Documents and of the types of equipment and materials as specified.

It is the Contractor’s responsibility to protect existing construction. In addition, daily removal of debris and repair of any damage due to Work under this Contract is considered within the scope of Work and is the responsibility of the Contractor.

Contractor shall be responsible for the performance of all of the Work for the Project. Unless specifically prohibited by the Contract Documents, Contractor may retain qualified and responsible subcontractors for the performance of parts of the Work. Such subcontractors must be reasonably acceptable to the District. Contractor shall be fully responsible to District for all acts and omissions of the Contractor’s subcontractors, suppliers, and other individuals or entities performing or furnishing any of the Work provided by or under the control of the Contractor, just as Contractor is responsible for Contractor's own acts and omissions. No acceptance by District of any such subcontractor, supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of District to the completion of the Work in accordance with this Contract Documents. Contractor shall be solely responsible for scheduling and coordinating the Work of subcontractors, suppliers, and all other individuals or entities performing or furnishing any of the Work which are under the control of Contractor.

All Work must be done in accordance with best trade practices using qualified workmen. All Work shall be performed in a manner that does not void any manufacturer’s warranty.

All engineering work and plan preparations for shop drawings and other Contractor submittals shall be the responsibility of the Contractor, who shall utilize qualified and licensed engineers for such work.

2.2 WORK HOURS AND WORK DAYS

With respect to Work in or in connection with OPS occupied facilities, it is expected that all Work will be performed during normal working hours (6:30 am – 5:00 pm Central Time) on regular working days (Monday-Friday) exclusive of District observed holidays. Should the Contractor desire to work at other times, advance requests shall be made to the OPS project manager so that the areas can be made available. OPS personnel must be on hand at any time work is in progress at such an occupied location.

2.3 CONTRACTOR EXPERIENCE AND PROJECT STAFFING

Contractor and its personnel shall be duly licensed by the City of Omaha to perform the mechanical and electrical installation work required by the Contract with the District.

All work must be done in accordance with best trade practices using qualified workers. Qualified workers shall mean at least one (1) experienced journeyman for every two (2) workers on the job site. There shall be a minimum of three (3) workers from start of Project to completion. At all times, at least one of the Contractor’s work crew must be fluent in English and able to communicate in the language of the remaining crew members.

2.4 PROJECT COMMENCEMENT, COMPLETION DATES AND LIQUIDATED DAMAGES

The performance of the Work shall commence upon receipt by Contractor of written notice to proceed from District. A notice to proceed will not be issued prior to execution of the Contract between the District and the Contractor, and in any event, not prior to 7/14/2026. Moreover, the

District will not issue a notice to proceed until Contractor and the District have executed the Contract for the Project and the Contractor has furnished District with an insurance certificate and a performance, labor, and material bond complying with the requirements of the Contract Documents.

Substantial Completion of the Work shall be achieved not later than September 15, 2026. Final Completion shall be achieved not later than fourteen (14) days after Substantial Completion is achieved.

If Contractor does not achieve Substantial Completion by the date set forth in this Section, as may have been extended by Change Order, Contractor shall pay to District as liquidated damages the sum of $500.00 per day for each calendar day after the day set for Substantial Completion that Substantial Completion has not been achieved. See Section 5.32 below.

2.5 ASBESTOS

Asbestos containing materials (ACM) have not been found in the proposed work areas at Gomez Elementary. It is the Contractor's responsibility to review and study the information that may relate to asbestos-bearing materials with which the Contractor may come into contact. A document describing the general location and characteristics of this material is available in the building office or through the Asbestos Program Coordinator's office at 4041 North 72nd Street, Omaha, Nebraska 68134 for your review. During this Project, should any suspected material be found, Contractor should stop work in the area immediately and contact the Asbestos Program Coordinator's office at 531-299-0180.

2.6 ASBESTOS DAILY AWARENESS

Contractor shall be responsible for coordinating a central sign-in location at the facility where the Project is located for enforcement of the District’s requirements of the asbestos material awareness program. Each employee, subcontractor employee and other individuals under contract with the Contractor shall be advised of locations of any hazardous material at the facility. This sign-in certificate must be submitted weekly and prior to final closeout on the Project.

2.7 ASBESTOS REMOVAL, NOTIFICATION

All known and accessible asbestos-containing material has been identified for this Project area by the District’s Environmental Division. In the event Contractor encounters suspect asbestos-containing or other hazardous materials at the Project site, Contractor shall stop work immediately in the suspected contaminated area and contact the District’s Environmental Division at 531-299-0180.

2.8 EQUIPMENT AND INSTALLATION REQUIREMENTS

Contractor will be required to perform all Work and supply any and all materials, equipment and accessories described in the Contract Documents or that are necessary for completion of the Project. This includes supplying accessories such as wiring and electrical connections and labeling as required by the Contract Documents, or that are reasonably inferable therefrom, so that the equipment being supplied by Contractor will be fully operational in this facility.

Work at the Project site shall start within forty-eight (48) hours of delivery of equipment, provided notice to proceed has previously been given by the District.

2.9 WARRANTIES

Contractor’s one (1) year warranty set forth in the General Terms and Conditions that are a part of the Contract Documents shall both run for a period of one (1) year from the date of Substantial Completion of the Project. Materials must be installed in a manner that does not void or limit any manufacturer’s warranty for such materials. Prior to final completion, Contractor will take any corrective measures and work to assure that the full manufacturer’s warranty will apply to the Project.

2.10 MATERIALS AND EQUIPMENT TO BE FURNISHED

All materials and equipment for fully functional systems per the Specifications and Drawings for the Project are to be included by the contractor in the bid, the owner is not responsible for any materials or equipment unless specifically stated in the project documents. The project documents are prepared by Advanced Engineering Systems, Inc. (see description in Section 3.0 and in Exhibits A and B) and are a part of the Bid Documents and will also be part of the Contract Documents for the Project.

3.0 PROJECT DRAWINGS AND PROJECT SPECIFICATIONS

The Project Drawings and Project Specifications have been prepared by Advanced Engineering Systems, Inc. and are a part of the Bid Documents and will become a part of the Contract Documents comprising the Contract between the Successful Contractor and OPS. Those Plans and Specifications are detailed below.

3.1 PROJECT SPECIFICATIONS

Project Specifications prepared by Advanced Engineering Systems, Inc., are contained in the Specification Divisions listed below and are included in the Bid Documents and attached as Exhibit A. These Project Specifications will also be included in the Contract Documents with the successful Contractor.

Introductory Information 00 01 01 Project Title Page 00 01 05 Certifications Page 00 01 10 Table of Contents 00 01 15 List of Drawing Sheets

DIVISION 01 – GENERAL REQUIREMENTS

01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 77 00 Closeout Procedures 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents 01 79 00 Demonstration and Training

DIVISION 21 – FIRE SPRINKLER

21 13 13 Wet Pipe Sprinkler Systems

DIVISION 22 – PLUMBING

22 05 29 Hangers and Supports for Plumbing piping 22 05 53 Identification for Plumbing Piping 22 13 16 Sanitary Waste and Vent Piping

DIVISION 23 – HEATING VENTILATING AND AIR CONDITIONING

23 05 00 Common Work Results for HVAC 23 05 17 Sleeves and Sleeve Seals for HVAC Piping 23 05 29 Hangers and Supports for HVAC Piping and Equipment

23 05 53 Identification for HVAC Piping and Equipment 23 05 93 Testing, Adjusting, and Balancing for HVAC 23 07 19 HVAC Piping Insulation 23 09 00 Instrumentation and Controls

23 21 13 Hydronic Piping 23 21 16 Hydronic Piping Specialties 23 21 23 Hydronic Pumps 23 25 13 Water Treatment for Open and Closed-Loop Hydronic Systems 23 31 13 Metal Ducts 23 33 00 Air Duct Accessories 23 37 13 Diffusers, Registers and grilles 23 52 16 Condensing Boilers 23 57 00 Heat Exchangers for HVAC

DIVISION 26 – ELECTRICAL

26 05 00 Common Work Results for Electrical 26 05 19 Low-Voltage Electrical Power Conductors and Cables 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 44 Sleeves and Sleeve Seals for Electrical Raceways and Cabling 26 05 53 Identification for Electrical Systems 26 22 00 Low-Voltage Transformers 26 51 19 LED interior Lighting

LIST OF DRAWINGS

GENERAL

T0.0 Cover Sheet

MECHANICAL

P0.0 Plumbing Notes and Symbols P1.1 Plumbing Floor Plans P2.1 Plumbing Schedules and Details M0.0 HVAC Notes and Symbols M1.1 HVAC Floor Plans M2.1 HVAC Schedules and Details

ELECTRICAL

E0.0 General Project Notes & Symbols - Electrical E1.1 Floor Plans – Electrical E2.1 Schedules – Electrical

4.0 BID SUBMISSION INSTRUCTIONS AND REQUIREMENTS

4.1 GENERAL

To be considered, bids must be submitted in accordance with the bid instructions set forth in these Bid Documents. Failure to comply with the requirements of these bid instructions may result in the rejection of the bidder’s bid proposal.

The term “Bid Documents” is defined in Section 1.0 of the Invitation to Bidders. The Bid Documents are incomplete if they do not contain all of the Bid Documents identified in that Section. Bids must be prepared on the unaltered bid form included in the Bid Documents with all required information provided and submitted in a sealed opaque envelope or container with the bid name, bid number and the date and time of the deadline for submitting bids noted on the exterior of the envelope or container. DO NOT SUBMIT BIDS ON ANY OTHER FORM. Bids must also include the original bid bond and all attachments required by the Bid Documents. Do not alter or revise any of the OPS

Bid Forms. Do not attach or include any documents not required by the Bid Documents, such as the bidder’s prepared forms, which attempt to modify the terms and conditions stated herein. Do not condition the acceptance of any bid proposal on the acceptance by OPS of any additional contract terms and conditions not stated herein. E-mail, facsimile or telephone bids will not be accepted. Any incomplete bid or bid not complying with the Bid Documents may be rejected by the District.

Bids are due at 2:00 PM Central time on the due date specified in the Cover Page at the Teacher Administrative Center, 3215 Cuming Street, Omaha, Nebraska 68131. Hand-delivered bids shall be brought to the Security Desk, East Entrance, Ground Floor. Any bid received after the deadline for submission of bids will not be considered and will be rejected and returned to the bidder unopened. The risk of delivery rests solely on the bidder. The time stamp on the District’s time clock in the District Operational Services’ offices will be the official clock utilized to determine the time for the close of the time for submission of bids.

4.2 DISTRICT’S RIGHT

The District reserves the right to accept or reject any or all bids or any part thereof and to waive any and all technicalities and irregularities and award the Contract based on its determination of the best interests of the District.

4.3 PLANS AND SPECIFICATIONS

Bona fide bidders may inspect and obtain complete copies of the Plans and Specifications for the Project, prepared by the District and Advanced Engineering Systems, Inc., and identified in Exhibit A and Exhibit B of the Bid Documents, at any of the locations specified in the Bid Advertisement. Complete copies of the Plans and Specifications will also be available for download on the OPS Purchasing Department website.

4.4 MANDATORY PRE-BID MEETING

OPS will conduct a mandatory pre-bid meeting for interested bidders at Gomez Elementary, 5101 S 17th St, Omaha, NE 68107 on 5/21/2026 at 9:00 AM Central Time. Interested bidders must attend this pre-bid meeting. All attendees are required to sign-in at that time, and only those who attend the pre-bid meeting will be allowed to submit a bid. Proposals received from bidders not attending the pre-bid meeting will be returned unopened. Questions may be asked at the pre-bid meeting. However, such questions and the answers given will not be transcribed or transmitted to the other potential bidders.

4.5 BID QUESTIONS

Any questions or requests for interpretation of these Bid Documents must be submitted in writing by e-mail to the question submission box at the email address included on the Cover Page of the Bid Documents, by 2:00 p.m. CT on or before the deadline for submission of questions. The subject line of the email must include at a minimum the Bid Name and Bid Number of the Project. Both the question submission email box address and the deadline are listed on the Cover Page. Answers to questions will be posted on the OPS Purchasing website, the plan house websites in which the District has been requested plans be made available and provided to all attendees who signed in at the Project pre-bid meeting, without indicating which Bidder submitted the question.

The communications requirements have been established by the District to ensure a fair and equitable process for all potential respondents. The email address listed on the Bid Cover Page for questions is the only authorized location and representative of the District who can respond to questions regarding this bid. Questions submitted in any other form, including by hard copy, facsimile and telephone, and questions submitted to an email address other than the one indicated in these Bid Documents will NOT be answered. Any attempt to communicate with or contact any Board Member, employee, or consultant of the District of in any manner having to do with any aspect of this bid may result in the disqualification of the Firm as a potential supplier.

4.6 BID SECURITY

An original certified check or cashier’s check payable to the Board of Education or satisfactory original Bid Bond executed by the bidder and acceptable sureties in an amount equal to five percent (5%) of the amount of the bid shall be submitted with each bid (the certified or cashier’s check and the bid bond may sometimes be collectively or individually referred to in these Bid Documents as the “Bid Security”). If an original cashier’s or certified check or an original signed Bid Bond (not a photocopy) as required by this Section is not submitted the District with the bidder’s bid submission in a sealed opaque envelope or container by the bid submission deadline, the bid will not be considered. To be valid, the Bid Bond submitted must have original signatures of both the bidder and the surety on the Bond, and if signed by an attorney-in-fact for the surety, a valid power of attorney from the surety must be attached to the Bid Bond. The Bid Security will be retained as liquidated damages in case the bidder awarded the Contract fails to furnish the required Performance, Labor and Material Payment Bond, insurance certificate, or sign the Contract within ten (10) days after presentation of the Contract to the successful bidder. If original Bid Security as required by this Section is not received by the District with bidder’s bid proposal by the deadline for submission of bids, is submitted in any other manner, or is submitted to an address other than the one indicated in these Bid Documents, the bid by bidder failing to properly submit the Bid Security will NOT be considered, even if the bid was otherwise properly submitted. The bidder shall have all risk of failed or late delivery of the Bid Security.

4.7 BID PREPARATION

All bids must be completed and submitted on the unaltered OPS bid form that is a part of the Bid Documents. DO NOT SUBMIT BIDS ON ANY OTHER FORM. DO NOT ALTER THE OPS BID FORM OR ANY OPS DOCUMENTS IN ANY MANNER. If a new bid form is issued by OPS by an Addendum to the Bid Documents, the new bid form must be used for bid submission, and using an earlier version of the bid form may result in the bid being rejected. Unless specifically allowed in the Bid Documents, only one bid form may be submitted by any bidder. All required blanks on the bid form must be completed and be initialed and dated where indicated and the final page of the bid form must be signed by an authorized representative of the bidder. All attachments and required information requested in the bid form must be furnished, together with the Bid Bond. Do not submit any documents that are not specified or requested in these instructions. Bids are to be submitted to the location specified in the Bid Documents by the time and date indicated in the Bid Documents.

Bids are to be submitted in a sealed opaque envelope or container addressed as specified on the Invitation to Bid with the required notation on the exterior of the sealed envelope or container. The amount bid shall be the total cost to OPS for the successful bidder awarded the bid to provide and furnish all labor, materials, equipment, tools, expendable equipment and all utility and transportation services necessary to perform and complete in a workmanlike manner all of the Work required by the Bid Documents. Bid proposals that attempt to change, modify or add additional terms and conditions to the Bid Documents by conditioning a bid response upon the acceptance by OPS of any Contract terms and conditions that are attached to a bid response or that references certain Contract terms on a web site shall be considered non-complying bids and the bid may be rejected by OPS.

4.8 BID SUBMITTAL

To be considered, one (1) copy the bidder’s bid proposal prepared in compliance with the requirements of the Bid Documents must be submitted to the District by the proposal deadline listed on the Cover Page. The amount bid shall be the total cost to OPS for the Work specified, inclusive of all the labor, materials, equipment, tools, supplies and services enumerated in the Bid Documents, together with all insurance costs, delivery costs, duties, surcharges, tariffs and brokerage costs and no additional amount will be paid by OPS to the successful bidder for the Work. No bidder will be allowed to offer more than one price. Bids that attempt to change, modify or add additional terms and conditions to the Bid Documents will be rejected by OPS. Bids must be signed by an authorized signatory for bidder and initialed and dated where indicated. Bids and Bid Security must be submitted in hard copy to the address specified in the Bid Documents by the time and date indicated in the Bid Documents. The time stamp on the Purchasing Department time clock will be the official clock utilized to determine the time for the close of submissions. Bids may be submitted either in person or by mail or courier to the address shown on the cover page. All submitted bids must comply with the following requirements:

• Bidder must include the Bid Proposal with the completed Signature page.

• Bid Security equal to 5% of the bidder’s bid amount as previously described in Section 4.6.

• The bid must be submitted in hard copy with the bid title and bid number written on the exterior of the envelope or container containing the bid.

• All required attachments must be submitted with the bid proposal.

4.9 BID ATTACHMENTS

Bidders shall include with their bid responses the following attachments: (i) Original executed Bid Security; (ii) summary of the manufacturer’s warranty terms for the materials and equipment the bidder is proposing to furnish; and (iii) the specifications for the Contractor furnished materials and equipment specified in Drawings and in the Specifications of the Bid Documents that the bidder is proposing to furnish.

4.10 BID SUBMISSION DEADLINE

Bids are due by 2:00 p.m. Central Time on the due date specified one the Cover Page and in the Bid Documents. Bids received after 2:00 p.m. Central time on the due date are considered late and will be returned unopened. OPS is not responsible for ANY late bids due to failure or delay in mail delivery. The bid must be received by the time and date indicated on the bid document. The risk of delivery rests solely on the bidder. Late bids will not be accepted. The time stamp clock maintained by District Operational Services shall be the official clock for determining when the time for submission of bids has closed.

4.11 WITHDRAWALS AND RESUBMISSIONS

Withdrawal of a bid may be made by a bidder any time prior to 2:00 p.m. Central Time on the bid due date. A withdrawal may only be done by the bidder’s written notification delivered to the same address where the bid was originally submitted, with the following notation on the exterior of the envelope containing the withdrawal: "Withdrawal of Bid" including the Bid number and the Bid title.

The withdrawal notification must be received by the OPS Purchasing Division prior to the date and time of the bid submission deadline. An attempted withdrawal in any other form, including email, facsimile, telephone or oral withdrawal request will not be honored. An addendum or bid modification in lieu of a withdrawal is NOT acceptable and will be rejected. If properly withdrawn, a bid may be resubmitted in accordance with the Bid Documents so long as it is re-submitted prior to the deadline for submission of bids. All bids submitted and not withdrawn as specified in the Bid Documents shall remain open and be subject to acceptance for ninety (90) days after the bid due date and may not be withdrawn prior to the expiration of such 90-day period.

4.12 OPENING OF BIDS OR PROPOSALS

Bids will be opened and read aloud in public at the Omaha Public Schools Teacher Administrative Center, District Operational Services, 3215 Cuming St, Omaha, Nebraska 68131, immediately following the bid submission deadline stated on the Bid Document Cover Page. Those submitting bids can attend in person or remotely join the opening by accessing Microsoft Teams meeting at 1 402-509-3892 within the United States Phone Conference ID is listed on the Bid Cover Page. If attending in person, please arrive at the security desk at least 10 minutes prior to the 2:00 PM CT deadline.

4.13 BID TABULATIONS

Notes may be taken at the public reading of the bids at the specified time and date of the opening, or a personal inspection may be made of the bids after award has been made, and documents are placed in central files in the Purchasing Division offices. In lieu of a visit, copies of the bid tabulations are available. The cost for a bid tabulation copy is $5.00 for any tabulation up to 20 pages in length.

There is an additional charge of $.25 for each page in excess of 20 pages. Make checks payable to Douglas County School District 0001. Bidders may include a request for a bid tabulation copy with its bid response or may contact the OPS buyer to make a request. The buyer will notify the bidder regarding the cost of the bid tabulation once it is known.

4.14 BIDDER REPRESENTATION

In submitting a proposal, the Contractor represents that it has read the Bid Documents, that its bid is submitted in accordance therewith, that the bidder is familiar with the local conditions that may affect the bid and the performance of the Work by the successful bidder and that the bidder has all required governmental licenses to perform the type of Work required.

4.15 COLLUSIVE BIDDING

The bidder’s submission of its bid response is the bidder’s representation and guarantee to OPS that the prices quoted have been arrived at without collusion with any other eligible bidders and without an attempt to preclude OPS from obtaining the lowest possible competitive price, influencing the prices quoted by any other eligible bidder or discouraging other potential bidders from bidding.

4.16 POST-BID EVALUATIONS

Prior to recommendation to the Board of Education for the bid award, District will review the apparent low bidder’s qualifications and credible experience in similar projects to assure that the bidder meets the experience required by the District in the Contract Specifications that are a part of the Bid Documents. As part of that evaluation, the District reserves the right to ask any bidder to provide references of companies that contracted with Contractor for similar projects, including the following information: Company Name(s), Contact Name, Phone Number, and Email Address.

4.17 BID AWARD

OPS reserves the right to reject any or all bids or any part thereof and to waive any and all technicalities and irregularities. This is an all or nothing bid, and the bid will only be awarded to one bidder. The OPS Board of Education must approve all bid awards and contracts of $50,000.00 or more. Except due to a holiday or an extenuating circumstance, the Board generally meets the first and third Monday of each month for approval of bids and purchases. Approval or award of a bid by OPS or its Board of Education does NOT constitute a contract between OPS and the bidder and no contract shall be deemed created, nor shall OPS be deemed obligated in any manner to bidder, until such time as the bidder furnishes the required Performance, Labor and Material Payment Bond, insurance certificate and an Agreement is signed by Contractor and OPS, or a Purchase Order is issued by OPS if no separate Contract is required. OPS will either sign an Agreement with or issue an official Purchase Order to the successful bidder which, together with the other Contract Documents incorporated therein, will constitute the Contract with OPS for the construction of the Project as specified in the Agreement or Purchase Order and will incorporate by reference into the Agreement or Purchase Order the Contract Documents (defined in the General Terms and Conditions, in Section 5.1 below). If an Agreement is to be executed, OPS will submit to the successful bidder after the bid award the Agreement form that will be utilized by the parties.

5.0 GENERAL TERMS AND CONDITIONS

5.1 GENERAL

The term “Contract Documents”, as used herein, means those documents that together form the Contract or Agreement between OPS and that consist of the following: the Agreement between OPS and the Contractor, all of the Bid Documents, including the Bid Invitation (Section 1.0), the Contract Specifications (Sections 2.0 to 2.10, inclusive), the Project Drawings and Project Specifications (Sections 3.0 to 3.2, inclusive), the Bid Submission Instructions and Requirements (Sections 4.0 to 4.17), the General Terms and Conditions (Sections 5.0 to 5.37, inclusive), the Bid Form and Signature Page, the form of the Performance, Labor, and Material Bond, Exhibits A and B, any Addenda issued by OPS, Contractor’s completed and signed Bid Form and Signature page including all attachments, and any subsequent modifications. The Contract Documents are incorporated by reference into the Agreement between OPS and Contractor and are a part of that Agreement and the Agreement, together with the other Contract Documents, constitutes the Contract between OPS and the Contractor. In the event of any conflict between the Contractor’s completed Bid Form and the other Contract Documents, the other Contract Documents shall control. The term “Contractor” as used herein, means the successful bidder that contracts with the District to furnish the Work being bid.

All work to be performed by Contractor shall be performed in a good and workmanlike manner and in conformance with the requirements of the Contract Documents.

The Contract Specifications in Sections 2.0 and the Project Drawings (Exhibit B) and Project Specifications (Exhibit A), prepared by Advanced Engineering Systems, Inc., referred to in Section

3.0 are all incorporated into the Contract Documents provide the minimum requirements for materials, workmanship, construction, and finish. In general, all equipment to be furnished must be of good quality, new, unused, in good condition and undamaged and shall be constructed and installed as specified and of types of equipment and material as specified. Materials of equal or better quality by another manufacturer may be acceptable but only if submitted to the District in advance as a permitted alternate and approved by the District.

5.2 CONTRACTOR'S RESPONSIBILITY

Prior to commencing work, Contractor shall furnish to the District the bond and insurance certificates required by the Contract Documents. It shall be the responsibility of the Contractor to review and understand the Project Drawings and Project Specifications, to check the Project Drawings and Project Specifications carefully to ensure accurate fit of its particular items of equipment, and to field verify all on-job dimensions.

Contractor and District personnel will also meet for a pre-construction meeting and survey. The survey shall document the existing condition of interior finishes and existing spaces, sidewalks, driveways, doorways, windows, etc. adjacent to areas of Work. It shall also identify acceptable dumpster locations, construction parking, and Contractor-furnished watering stations and locations for temporary sanitary facilities for use by construction personnel.

Projects involving asbestos containing materials require Contractor to meet with the District’s Environmental Division at (531-299-0180) prior to starting work to ensure compliance with State of Nebraska Asbestos Control Program Regulations.

Contractor shall have all assigned workers of Contractor and any subcontractors be approved through OneSource and provide documentation of such to the District. All assigned Contractor and subcontractor employees shall wear proper identification badges as provided by OneSource.

Contractor shall protect all existing construction. Repair of any damage caused due to work under the Contract Documents is the responsibility of the Contractor and shall be promptly completed as such damages arise. Similarly, Contractor shall repair any damage to the property of the District caused by Contractor or any subcontractor of Contractor.

Contractor and each subcontractor shall always enforce strict discipline and good order among employees and shall not employ on the work site any unfit person or anyone not skilled in the work assigned. Clothing shall not depict profane or vulgar images, words, or phrases unsuitable for students or staff. The District strictly prohibits the illegal use of drugs, alcohol consumption, and the possession of permitted and/or non-permitted firearms within the boundaries of District property.

If portions of the Work are to be performed within an OPS building or on OPS grounds while school is in session, Contractor shall take reasonable measures in conducting the Work during school hours to avoid unnecessary noise or disturbance. Offensive behavior and the use of loud, vulgar, or profane language is prohibited anywhere on OPS property and Contractor will be required to exclude offenders from the Work site. Contractor shall take all reasonable measures necessary to avoid any unauthorized contact between employees of Contractor or any Subcontractor and any students of OPS at the Work site.

Contractor will provide at its expense temporary sanitary facilities for use by construction personnel. District restrooms shall not be used by construction personnel.

5.3 CHANGES IN THE WORK

No change in the Work required shall be made unless pursuant to a written change order that is approved by the District. No claim for an increase in the amount to be paid to Contractor or any extension of time to complete the Work shall be valid unless allowed by such approved change order.

5.4 LABOR PRACTICES

It shall be the Contractor's responsibility to prevent any labor disputes due to Contractor’s actions at the job site. In this regard, Contractor shall adhere to the following minimal guidelines to avoid labor disputes.

5.4.1 Become familiar with labor practices in existence at the job site as established by the existing contractors and ensure that these practices are in place and enforced at all times during the performance of the Work specified in these General Conditions.

5.4.2 Use experienced, established laborers and contractors for any work pertinent to the transportation, loading, unloading, distribution, uncrating and installation of all equipment, accessories and materials necessary for the performance of the Work specified in these General Conditions.

5.5 NON-DISCRIMINATION

OPS does not discriminate on the basis of race, color, national origin, religion, sex (including pregnancy), marital status, sexual orientation, disability, age, genetic information, gender identity, gender expression, citizenship status, veteran status, political affiliation or economic status in its programs, activities and employment and provides equal access to the Boy Scouts and other designated youth groups. The following individual has been designated to accept allegations regarding non-discrimination policies: Superintendent of Schools, 3215 Cuming Street, Omaha, NE 68131 (531-299-9822). The following persons have been designated to handle inquiries regarding the non-discrimination policies: Director of Equity and Diversity (equityanddiversity@ops.org), 3215 Cuming St, Omaha, NE 68131 (531-299-0307).

5.6 USE OF TOBACCO PRODUCTS

There shall be no smoking or use of any tobacco or vaping products on/or within the property limits of District property. This regulation shall be enforced by the Contractor.

5.7 WORKER VERIFICATION

The Contractor contracting with the District shall be required to register with and utilize an electronic verification system or program, whether the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, now known as the “E-Verify Program” or an equivalent federal program designated by the Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986. The Contractor shall require all subcontractors performing work under the Contract to also register and utilize such electronic verification system. The Contractor awarded the Contract and all of such Contractor’s subcontractor(s) shall use such electronic verification system to determine the work eligibility status of each new employee physically performing any services within the State of Nebraska under the Contract. Any person whom the electronic verification system determines is ineligible or not authorized to work in the United States shall not be permitted by the Contractor or any subcontractor to perform services in Nebraska under such Contract. The Contractor shall provide such reasonable documentation as District may request from time to time during the performance of the Contract and for five (5) years thereafter documenting compliance with the provisions of this Section. Failure to comply with the provisions of this Section shall constitute a default under the Contract with the District.

5.8 CIVIL RIGHTS

Contractor will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended by the Equal Opportunity Act of 1972, all requirements imposed by or pursuant to the Regulations of the Department of Education (34 C.F.R. Part 100) issued pursuant to that title, the Pregnancy Discrimination Act of 1978, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973,as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education amendments of 1972, the Age Act of 1972, the Americans With Disabilities Act of 1990,the Genetic Information Nondiscrimination Act of 2008, and the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1122. Contractor agrees no person in the United States shall on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which OPS receives federal financial assistance from the Department; and hereby gives assurance that the Institution will immediately take any measures necessary to effectuate this Agreement. Contractor further agrees to comply with all applicable requirements of state and local laws, ordinances, and regulations regarding nondiscrimination in employment. Contractor agrees not to discriminate in its employment practices and will render services under this Agreement without regard to race, color, national origin, religion, sex (including pregnancy), marital status, sexual orientation, disability, age, genetic information, gender identity, gender expression, citizenship status, veteran status, political affiliation or economic status. Any act of discrimination committed by Contractor or failure to comply with these statutory obligations when applicable shall be a default under the Contract Documents.

5.9 SUBCONTRACTING

If Contractor intends to utilize subcontractors for the performance of any services under the Contract, OPS shall have the right to review any subcontractors that the Contractor intends to use for this Contract. Any approved subcontractor shall meet all requirements of the Contract.

Subcontractors selected by the Contractor will be the direct responsibility of such Contractor and not OPS. The responsibility for coordinating and managing the activities of a subcontractor lies with the Contractor and not OPS.

5.10 TERMINATION OF CONTRACT

In the event that the Contractor executes a Contract with OPS, or is issued a Purchase Order, and fails or refuses to perform such Contract or Purchase Order according to its terms, or in the event such Contractor otherwise defaults in the performance thereof, OPS may, in addition to all other rights that it may have at law or equity, terminate such Contract or Purchase Order, and may enter into a Contract with another vendor for the same Product or service. Any additional costs incurred by OPS in obtaining such Products or services from a substitute contractor, shall be paid by Contractor to OPS, in addition to any other damages that OPS may have suffered due to such default. In the event of such termination, the Contractor shall not be entitled to any further payment under the Contract. Should the cost of completing the performance of the Contract, together with such damages and expenses incurred by OPS through the default of the Contractor, at that time exceed unpaid balance of the Contract price, the Contractor shall pay the difference to OPS upon demand by OPS, and in addition may recover any other damages as OPS is entitled to recover for Contractor’s breach of Contract.

5.11 PUBLIC BENEFIT

For purposes of complying with Neb. Rev. Stat. §§ 4-108 through 4-114, if the Contractor is a sole proprietorship or a general partnership, the Contractor represents to OPS that the sole proprietor each general partner, as applicable, are citizens of the United States or that are qualified aliens under the federal Immigration and Nationality Act. Any qualified alien must provide to OPS that person's immigration status, alien number and a copy of their USCIS documentation upon request by the District.

5.12 GOVERNING LAW, JURISDICTION, AND FORUM SELECTION

The laws of the State of Nebraska govern the interpretation and performance of the Contract or Purchase Order between OPS and Contractor, and of the other Contract Documents, without regard to its conflicts of laws principles. The Contractor who enters into the Contract with OPS or accepts a Purchase Order from OPS shall irrevocably consent and submit to the personal jurisdiction of the state and federal courts of Nebraska. Any action brought to enforce or interpret any provision of the Contract Documents shall be brought in the state or federal courts located in Douglas County, Nebraska. The Contractor hereby acknowledges and agrees that the state and federal courts located in Douglas County, Nebraska, are proper and convenient forums in which to litigate any matter pertaining to the Bid Documents and the Contract Documents.

5.13 INDEMNITY

Contractor, on behalf of itself and its successors and assigns, hereby agrees to indemnify, defend, and hold harmless OPS and its Board members, officers, agents and employees, from any or all losses, damages, claims, liabilities, judgments, costs and expenses (including reasonable attorney’s fees and expenses) arising out of or in connection with: (i) any act or omission of Contractor or Contractor’s agents, contractors or employees; (ii) any default, breach, violation or non-performance of the Contract between the Contractor and OPS or (iii) any injury to persons or property or loss of life caused by Contractor or by Contractor’s agents, contractors or employees, other than any such claims that are caused solely by the negligent or intentional act or omission of OPS, or its employees, agents, or contractors.

5.14 EMPLOYEE CLASSIFICATION

The Contractor agrees to abide by the provisions of Neb. Rev. Stat. 48-2901 to 48-2912, also known as the Employee Classification Act. In compliance with the Act, the Contractor shall to submit to District upon execution of the Contract and upon request an affidavit attesting that (1) each individual performing services for the Contractor is properly classified under the Employee Classification Act, (2) the Contractor has completed a Federal I-9 immigration form and has such form on file for each employee performing services, (3) the Contractor has complied with Neb. Rev.

Stat. § 4-114, (4) the 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 this Contract, the Contractor is not barred from contracting with the state or any political subdivision pursuant to Section 48-2912. The Contractor acknowledges that a violation of the Act is grounds for rescission of this Contract by District. The Contractor further acknowledges that providing a false affidavit under Section 48-2911 to District may subject the Contractor to the penalties of perjury and upon a second or subsequent violation the Contractor shall be barred from contracting with the state or any political subdivision for a period of three years after the date of discovery of the falsehood. The Contractor shall require any and all subcontractors who perform work pursuant to the Contract to provide a similar affidavit, which shall be made available to the District upon request.

5.15 DISTRICT FURNISHED INFORMATION

Construction drawings of facility areas that are furnished by District are approximate and subject to on-site verification by the Contractor. Drawings are for clarification only and are not to scale.

5.16 SHOP DRAWINGS

If required by the Contract Documents, the Contractor shall furnish one (1) copy of shop drawings to the District and to Advanced Engineering Systems, Inc. for approval before fabrication. The District will not be responsible for or accept any equipment or material that is not constructed or manufactured in conformity with the approved shop drawings and the Drawings and Specifications.

The District will review shop drawings as soon as reasonably practical after they are submitted.

5.17 PERFORMANCE AND PAYMENT BOND

If the amount of the Contractor’s Contract exceeds $10,000, the Contractor shall furnish within ten

(10) days of the award of the Contract a Contractor’s Performance, Labor and Material Payment Bond for the full and faithful completion of the work required by the Contract…