Bid Notice-OPW 55169 - Papillion Creek Water Resource Recovery Facility (PCWRRF) - Administration and Operations Building Roof Replacement.pdf

CITY OF OMAHA

PUBLIC WORKS DEPARTMENT

PROJECT MANUAL

for the construction of

OPW 55169

PCWRRF - Administration and Operations Building Roof Replacement

Bids received until 11:00 A.M. Wednesday, June 03, 2026 Contract Award , 20 Resolution No.

Contractor:

Baibhav Poudel - City Contact/PM

X________________________________________ Date: ________________________ 04/23/2026

CONTRACT DOCUMENTS TABLE OF CONTENTS

DIVISION 00 – BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE

CONTRACT

00 11 13 Invitation to Bid 00 21 13 Instructions to Bidder

Attachment: City of Omaha Small and Emerging Small Business Program Participation Utilization Form

00 41 13 Bid Form Exhibit “A” Small and Emerging Small Business Disclosure Form Exhibit “B” Certificate of Compliance Form Exhibit “C” Responsible Contractor Compliance Form Exhibit “D” Affidavit for Employee Classification Act Exhibit “E” A copy of the City of Bellevue Contractor License (provided by Bidder) 00 43 13 Bid Bond 00 51 00 Notice of Award 00 52 13 Agreement Attachment A-1: Equipment Assessment Certification 00 55 00 Notice to Proceed 00 61 13 Performance Bond 00 61 14 Payment Bond 00 65 16 Certificate of Substantial Completion 00 72 13 General Conditions

DIVISION 01 – GENERAL REQUIREMENTS

01 61 11 Shop Drawing Transmittal Form

SUPPLEMENTAL TECHNICAL SPECIFICATIONS

OPW 55169, PCWRRF - Administration and Operations Building Roof Replacement

INVITATION TO BID

00 11 13 – 1

SECTION 00 11 13 - INVITATION TO BID

RECEIPT OF BIDS

Online, electronic bids for the construction of the City of Omaha, OPW 55169, PCWRRF - Administration and Operations Building Roof Replacement, will be received for the City of Omaha on the Douglas County Purchasing website at https://douglascountypurchasing.ionwave.net/Login.aspx, until 11:00 A.M. local time, Wednesday, June 03, 2026, and shortly thereafter the bids will be opened publicly and read out loud.

GENERAL DESCRIPTION OF WORK

This project includes removal of the existing TPO (Thermoplastic Polyolefin Roofing Membrane), replacement of damaged insulation, installation of ½" protection board over the insulation, and installation of a new TPO Roofing Membrane System at Papillion Creek Water Resource Recovery Facility 15705 Harlan Lewis Rd, Bellevue, NE, 68123. The project shall consist of both the administration building roof and the operations building roof in their entirety.

TYPE OF BID

Bid shall be on a firm Lump Sum Bid - AlternateType: None basis for respective bid items identified in the Bid Form.

DOCUMENT EXAMINATION AND PROCUREMENTS

The Bidding Documents may be examined at the following location:

Public Works Department Omaha/Douglas Civic Center, 6th Floor 1819 Farnam Street Omaha, Nebraska 68183

Bidding documents may be obtained for download on the Douglas County Purchasing website at https://douglascountypurchasing.ionwave.net/Login.aspx

Help documents for online bidding may be found on the Douglas County Purchasing website:

https://www.douglascountypurchasing.org/

The Douglas County/City of Omaha Purchasing Department website download includes PDF files of Drawings, PDF files of the Specifications and a PDF copy of the reference documents defined in the Supplementary Conditions, if any.

BID SECURITY

Each Bid shall be accompanied by bid security as described in Section 00 21 13 - Instruction to Bidders.

CONTRACT SECURITY

The successful BIDDER will be required to furnish Performance and Payment Bonds as described in Section 00 72 13 - General Conditions.

INVITATION TO BID

00 11 13 – 2

PREBID CONFERENCE

A pre-bid conference will be held as described in Section 00 21 13 – Instructions to Bidders.

CONTRACT TIME

The Contract Time is defined in Section 00 72 13 - General Conditions, and specified in Section 00 52 13

- Agreement.

QUALIFICATION OF BIDDERS

Requirements concerning the qualifications of BIDDERS are described in Section 00 21 13 - Instructions to Bidders.

OWNER'S RIGHT TO REJECT BIDS

City of Omaha reserves the right to waive irregularities and to reject any or all bids.

FUNDING

OTHER REQUIREMENTS

END OF SECTION

CITY OF OMAHA, OPW 55169, PCWRRF - Administration and Operations Building Roof Replacement

INSTRUCTIONS TO BIDDERS

00 21 13-1

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

This document (pages i thru END OF SECTION) is a MODIFIED version of EJCDC® C-200 (Rev. 1), Copyright © 2013 by the National Society of

Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

ARTICLE 23 – Omaha Human Rights and Relations Department Contract Compliance Form

ARTICLE 24 – Utilization of Small and Emerging Small Businesses

ARTICLE 25 – Nondiscrimination In Employment

ARTICLE 26 – Employment Under Public Contracts, LB 403, Approved By the Governor April 8, 2009

ARTICLE 27 – Employee Classification Act Provision

ARTICLE 28 – Record of Payment

ATTACHMENTS TO THIS SECTION

Attachment 1 – City of Omaha Small & Emerging Business Program Participation Utilization Form

CITY OF OMAHA,

00 21 13-2

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in Section 00 72 13 - General Conditions and Section 00 73 00 - Supplementary Conditions, if any. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Bidder - One who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a Bid to a Bidder.

B. Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder - The lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office on compact disc or by download from the link provided in the invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. The complete set of Bidding Documents includes the following electronic files:

Title Electronic Filename

Project Manual for the Construction of OPW 55169, PCWRRF - Administration and Operations Building Roof Replacement, Drawings, 2026 05 06

OPW 55169 – PCWRRF - Administration and Operations Building Roof Replacement, Specifications and Drawings 2026 05 06.pdf

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Bidders shall be qualified to perform the Work contained in the Contract. To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within ten days of Owner’s request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the State of Nebraska or covenant to obtain such qualification prior to award of the Contract.

B. Past experience on similar projects including, but not limited to, quality of work and materials, timeliness, and fair treatment of subcontractors.

C. Number and quality of equipment available for use during the Work.

D. List of key personnel, including any related experience, and proposed role on project.

1. NOTE: The City of Omaha reserves the right to conduct criminal background checks for any individual working on City projects.

E. Current contractual obligations, excluding the proposed Work.

F. Declaration of any fines, penalties, or other defaults occurring in the past five (5) years.

00 21 13-3

G. Financial responsibility consisting of a confidential statement or report of Bidder’s financial resources and liabilities as of the previous calendar or fiscal year and shall indicate if the current financial responsibility is approximately the same as stated or reported. A public accountant shall certify all statements or reports. If Bidder’s financial responsibility has changed, Bidder shall qualify the statements or reports to reflect the true financial condition at the time of submitting such qualified statement or report.

Bidder must include with the Bid a copy of the City of Omaha General Contractor License of the class required in Specification Section 00 41 13 - Bid Form, Article 4, Bidder’s Certifications

3.02 Contractor shall perform a minimum of 30 percent of the work without subcontracting. Purchasing of materials shall not qualify as self-performing the Work.

3.03 Bidders must complete and include with the Bid a Certificate of Compliance Form which is included as Exhibit “B” of the Bid Form.

3.04 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.05 No requirement in this Article 3 to submit information that will prejudice the right of Owner to seek additional pertinent information regarding BIDDER’s qualifications.

3.06 BIDDER is advised to carefully review those portions of the Bid Form requiring BIDDER’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, temporary and permanent easements, and other lands furnished by Owner for the use of the CONTRACTOR. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions, if any, identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities and Utilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any BIDDER on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions, if any. Bidder is responsible for any interpretation or conclusion Bidder draws

00 21 13-4 from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If there are no Supplementary Conditions or they do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities and Utilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities and Utilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities and Utilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities and Utilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and

5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of Section 00 73 00 - Supplementary Conditions, if any, for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

00 21 13-5

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents (including "Technical Data" referred to in Paragraph 4.02. above);

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Site visit may be scheduled by contacting: Baibhav Poudel, 402-444-4872

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance or furnishing of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, if any, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, if any, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and, J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. When conflicts, errors, ambiguities or discrepancies have not been resolved, Bidder shall include in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. Such greater cost shall be included in the Bid.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-bid meeting will be held at Papio WRRF Training Room, 15705 Harlan Lewis Rd, Bellevue, NE 68123 on Tuesday, May 19, 2026, at 10:00AM. Representatives of Owner and Engineer will be present

00 21 13-6 to discuss the Project. Bidders may be required to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing via the Ionwave Q&A platform. These will be logged, are public, and responses may be made public to all vendors via the Ionwave platform. Interpretations or clarifications leading to changes to the bidding documents will be formally addressed via Addenda. Questions received less than 8 calendar days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, an official bank check, cashier’s check drawn on a national bank or a bank chartered under the laws of the State of Nebraska, payable to the City or a duly executed Bid bond (on the form included in the Bidding Documents) issued by a duly licensed corporate surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Agreement, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security and certificates of insurance within 14 calendar days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of calendar days within which, or the dates by which, the Work is to be completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the CONTRACTOR to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by

00 21 13-7

Engineer until after the Effective Date of the Contract. The procedure for submission of any such application by CONTRACTOR and consideration by Engineer is set forth in Articles 7.04 and

7.05 of the General Conditions and may be supplemented in the General Requirements.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the CONTRACTOR will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 The apparent Successful Bidder, and any other Bidder so requested, shall within seven calendar days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for those portions of the Work for which such identification is required.

12.03 If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before Notice of Award is given, request apparent successful Bidder to submit an acceptable substitute. Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making Contract award. Any adjustment in Project Time submitted by the apparent successful Bidder at the time of substitution may also be considered in making Contract award.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next selected Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the secretary or an assistant secretary.

00 21 13-8

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The address for receiving notices of the partnership shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the address for receiving notices of the firm shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The address for receiving notices of the joint venture shall be shown.

13.07 All names shall be printed in ink below the signatures.

13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

13.11 Bidders must complete and include with the Bid a Responsible Contractor Compliance Form (RC-1) which is included as Exhibit “C” of the Bid Form. Additional copies may be obtained from the Issuing Office.

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for CONTRACTOR's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 The Bidder will provide a digital submission of the Bid, which is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the invitation to bid and shall be remitted electronically through the Douglas County Purchasing online bidding system at https://douglascountypurchasing.ionwave.net/Login.aspx

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

15.04 Bidder acknowledges that the entirety of the Bidding Documents is incorporated into the Bid, even though such Bidding Documents are not physically included with the Bid returned by Bidder to Owner.

00 21 13-9

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in Section 00 11 13 -Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. Owner reserves the right to not open or read a Bid submitted without a Bid surety.

17.02 After the bid reading, the Engineer shall compare proposals based on the corrected total bid amounts.

Comparison results consisting of the total bid amounts will become public two (2) working days after the bid date. Detailed results consisting of the corrected bid tabulations will become public one (1) working day after the recommendation for award has been approved by the Public Works Director.

The City reserves the right to reject any or all proposals and to waive any informalities, irregularities, minor defects, or technical errors as may be deemed best for the interests of the City.

17.03 All bid documents submitted to the City may be subject to a public records request. If a bidder wishes to assert that certain bid documents are exempted from disclosure as public records, the bidder shall separately enclose and mark such documents as confidential, and provide a statement citing the factual and statutory basis for nondisclosure. In the event of a public records request for such bid documents labeled confidential, the City will advise the bidder as to its determination of disclosure or nondisclosure.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance until successful Bidder has been awarded the Contract, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to such award.

18.02 Not Used

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsive. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. Discrepancies between words and figures will be resolved in favor of the words. Bidders have the right to appeal any rejection decision to Owner.

19.02 Any or all bids will be rejected if Owner has reason to believe that collusion exists among the Bidders.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

00 21 13-10

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. Upon request, the Bidder shall furnish to Owner proof of qualifications that includes the following:

A. Reasonable inquiry and evaluation as stated in Paragraph 19.01, which may include, but is not limited to, the following information, and shall be submitted within 7 calendar days of receipt of request from Owner:

1. quality of work and materials, timeliness and fair treatment of subcontractors;

2. number and quality of equipment available for use during the Work;

3. list of key personnel, including any related experience, available for use;

4. declaration of any fines, penalties or other defaults occurring within the past five (5) years;

and

5. financial responsibility consisting of a confidential statement or report of Bidder’s financial resources and liabilities as of the previous calendar or fiscal year and shall indicate if the current financial responsibility is approximately the same as stated or reported. A public accountant shall certify all statements or reports. If Bidder’s financial responsibility has changed, the Bidder shall qualify the statements or reports to reflect the true financial condition at the time of submitting such qualified statement or report.

B. Failure to comply will result in disqualification of the Bidder’s proposal. Owner will keep all of the above requested information confidential.

19.06 If the Contract is to be awarded, it will be awarded to lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

19.07 If the Contract is to be awarded, Owner shall give successful Bidder a Notice of Award within sixty

(60) days after the day of the Bid opening. No other act of Owner or others will constitute acceptance of a Bid.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, if any, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by required bonds and insurance documentation.

20.02 The surety on the contract shall be a duly authorized surety company, licensed to do business in the State of Nebraska, satisfactory to the Owner. No surety company will be acceptable as bondsman that has no permanent agent or representative in the City of Omaha, Nebraska, Douglas County or Sarpy County upon whom notices may be served; service of said notice on said agent or representative shall be equal to service of notice on the president or such other officer of the surety company as may be concerned.

00 21 13-11

20.03 Should the surety company acting as bondsman remove its permanent agent or representative from the City of Omaha, Douglas County or Sarpy County, the contractor shall then furnish the City of Omaha with a new surety bond conforming to the above described requirements.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall either be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement, or Successful Bidder will be notified regarding how to obtain said counterparts. Within 14 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within fourteen (14) calendar days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder. Owner reserves the right to cancel any Notice of Award, without any liabilities against Owner, before all parties execute the Agreement.

21.02 Owner may annul the Notice of Award of contract if:

A. Successful Bidder fails to execute the Agreement and/or submit the required bonds and insurance within 14 from the date of Notice of Award; or

B. Successful Bidder fails to demonstrate compliance with Article 20 within 14 days from the receipt of such request.

21.03 Annulment of the Notice of Award will result in forfeiture of Bid security to Owner not as a penalty but in liquidation of damages sustained not susceptible to easy or exact ascertainment. Owner reserves the right to proceed with the execution of the Contract with Successful Bidder upon receipt of all the required documents.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner may be exempt from payment of sales and compensating use taxes of the State of Nebraska and of cities and counties thereof on all materials to be incorporated into the Work.

A. The City of Omaha will furnish the successful Bidder with the PURCHASING AGENT APPOINTMENT SF 17, AND EXEMPT SALE CERTIFICATE SF 13, for all material items required in the construction of this Project, which the State of Nebraska considers to be exempt from the State Sales Tax.

B. Said taxes shall not be included in the Contract Price. Refer to Paragraph 7.09 of the General Conditions and as modified by the Supplementary Conditions, if any, for additional information.

ARTICLE 23 – OMAHA HUMAN RIGHTS AND RELATIONS DEPARTMENT CONTRACT

COMPLIANCE FORM

23.01 Successful Bidder shall file the Contractor Compliance Report, Form CC-1 with the City of Omaha Human Rights and Relations Department prior to award of the Contract. The form can be obtained from the Human Rights and Relations Department, phone 402-444-5055 or from the Human Rights and Relations Department web site. The link is: https://humanrights.cityofomaha.org/economic-development/contract-compliance

ARTICLE 24 – UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES

24.01 Refer to instructions in the Attachment following this Section regarding the City of Omaha Small and Emerging Small Business Program. Bidders must complete and include with the Bid the Participation Disclosure Form which is included as Exhibit “A” of the Bid Form.

00 21 13-12

24.02 This bid has an SEB reserve. Please see the SEB utilization and disclosure forms included with this bid.

These documents must be completed and returned with bid submission. The following is a link for more information on becoming certified with the City of Omaha Small and Emerging Small Business Program: https://humanrights.cityofomaha.org/economic-development/small-and-emerging-small-business-seb

A. This bid gives priority to SEB bidders. However, in the event that an SEB bidder does not submit a bid, then non-SEB bidders will be given consideration for this award.

ARTICLE 25 – NONDISCRIMINATION IN EMPLOYMENT

25.01 By the submission of its Bid, each Bidder acknowledges that they understand and agree to be bound by the nondiscrimination requirements of EPA regulations (40 CFR Part 7, encompassing Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, Section 13 of the Federal Water Pollution Control Act of 1972, and the Age Discrimination Act of 1975), which shall be applicable throughout the performance of work under any contract awarded pursuant to this solicitation. Each Bidder agrees that if awarded a contract, it will similarly bind contractually each subcontractor.

25.02 In implementation of the foregoing policies, each Bidder further understands and agrees that if awarded a contract, it must engage in affirmative action directed at promoting and ensuring equal employment opportunity in the workforce used under the contract, and that it must require contractually the same effort of all subcontractors whose subcontracts exceed $10,000. Bidders understand and agree that “affirmative action” as used herein shall constitute employment in the on-site workforce used on the project which corresponds, for each trade used, to the minority population in the serving labor market area from which workers are reasonably available for hire for the project.

ARTICLE 26 – EMPLOYMENT UNDER PUBLIC CONTRACTS, LB 403, APPROVED BY THE

GOVERNOR APRIL 8, 2009

26.01 Successful Bidder is required and hereby agrees to use a federal immigration verifications 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 Successful Bidder is an individual or sole proprietorship, the following applies:

A. Successful Bidder must complete the United States Citizenship Attestation Form, available on the Department of Administration Services website;

B. If Successful Bidder indicated on such attestation form that he or she is a qualified alien, Successful Bidder agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify Successful Bidder’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program; and, C. Successful Bidder understands and agrees that lawful presence in the United States is required and Successful Bidder may be disqualified or the Contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.

ARTICLE 27 – EMPLOYEE CLASSIFICATION ACT PROVISION

27.01 Successful Bidder and Subcontractors who perform construction or delivery services pursuant to this Contract shall submit to Owner an affidavit, included as Exhibit D of the Bid Form, attesting that (1) each individual performing services for such Successful Bidder is properly classified under the

00 21 13-13

Nebraska Employee Classification Act, 2010 LB 563 (“Act”), (2) such Successful Bidder has completed Federal I-9 Immigration Form and has such form on file for each employee performing services, (3) such Successful Bidder has complied with Nebraska Rev. Stat. Section 4-114 (Federal Immigration Verification System), (4) such Successful Bidder has no reasonable basis to believe that any individual performing services for such Successful Bidder is an undocumented worker, and (5) as of the time of the Contract, such Successful Bidder is not barred from contracting with the State or any political subdivision pursuant to the Act. Successful Bidder shall follow the provisions of the Act. A violation of the Act by Successful Bidder is grounds for rescission of the Contract by Owner. A copy of the form Affidavit for Employee Classification Act is attached to Section 00 52 13 - Agreement.

ARTICLE 28 – RECORD OF PAYMENT

28.01 Successful Bidder shall pay all employees via direct deposit or check and a record of payments, with detailed withholdings, is retained. The City shall have a right to inspect bidder’s records as needed to confirm compliance with this requirement.

THIS PAGE INTENTIONALLY LEFT BLANK

INSTRUCTIONS TO BIDDERS

00 21 13-14

City Of Omaha Small & Emerging Small Business Program Participation Utilization Form

NOTE: It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently, the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of the SEB Program Participants, please see the City of Omaha Human Rights & Relations website at: https://humanrights.cityofomaha.org/economic-development/small-and-emerging-small-business-seb or contact via phone: 402-444-5055.

With regard to this solicitation, the City has determined that a sufficient number of SEB Program Participants exist within the following Certified Group(s):

[X] Tier I Emerging Small Business [X] Tier I Small Business

[X] Tier II Emerging Small Business [X] Tier II Small Business

To fulfill [X] the entire scope of this contract/agreement.

This bid has an SEB reserve. Please see the SEB disclosure form included with this bid. This document must be completed and returned with bid submission.

The following is a link for more information on becoming certified with the City of Omaha Small and Emerging Small Business Program:

https://humanrights.cityofomaha.org/economic-development/small-and-emerging-small-business-seb This bid gives priority to SEB bidders. However, in the event that an SEB bidder does not submit a bid, then non-SEB bidders will be given consideration for this award.

[ ] a portion of this contract/agreement as defined below:

Identified Scope Comments/ Notes

PLEASE NOTE: In order to be considered for this solicitation, potentially eligible participants MUST be certified in the above-referenced category PRIOR TO the bid opening date of this solicitation.

The City of Omaha has given preference to the above-referenced category of participants in the preparation of these contract documents according to the provisions of OMC 10-200.3(d). Failure to utilize a certified participant for the above-designated portion of this contract/agreement shall be deemed non-responsive and rejected. Bidders must complete the Participation Disclosure form and submit it with their bid/agreement documentation in order to be considered.

BID FORM

00 41 13 - i

SECTION 00 41 13 – BID FORM

PROJECT IDENTIFICATION: City of Omaha – OPW 55169, PCWRRF - Administration and Operations Building Roof Replacement

Bid Submission by: ________________________________________________________________

TABLE OF CONTENTS

EJCDC® C-410, Bid Form for Construction Contracts.

This document (pages i thru END OF SECTION) is a MODIFIED version of EJCDC® C-410, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

Page

ARTICLE 1 – Bid Recipient

ARTICLE 2 – Bidder’s Acknowledgements

ARTICLE 3 – Bidder’s Representations

ARTICLE 4 – Bidder’s Certification

ARTICLE 5 – Basis of Bid

ARTICLE 6 – Time of Completion

ARTICLE 7 – Attachments to this Bid

ARTICLE 8 – Address For Communications

ARTICLE 9 – Defined Terms

ARTICLE 10 – Bid Submittal

Attachments to This Section

BID FORM

00 41 13 - 1

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

https://douglascountypurchasing.ionwave.net/Login.aspx herein after referred to as Owner.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Bidding Documents for the prices and within the Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Section 00 11 13 -Invitation to Bid and…