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RES 2023-0115 - WITHDRAWN - PO to Swarco Reflex LLC for Pavement Marking Beads for the Traffic Division
City Clerk Office Use Only: R Publication Date (if appli able): RESOLUTION NO. !.CL� Li/I f 3 Agenda Date: I ,�l 1 C�Z Department: 14/f i iJ Submitter: - 1(' ) CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Traffic Division of the Public Works Department is in need of Pavement Marking Beads; and, WHEREAS, bids were received on December 7, 2022 for the purchase of Pavement Marking Beads, to be utilized by the Traffic Division; and, WHEREAS, Swarco Reflex, LLC submitted the lowest and best bid to Douglas County Purchasing for the attached bid named City of Omaha: Pavement Marking Beads (City & County) which by this reference, is made a part hereof; and, WHEREAS, the cost of this purchase, totaling $89,100.00, will be paid from the Street Allocation Fund 12131, Pavement Markings Organization 116184, year 2023 funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Swarco Reflex, LLC for the purchase of Pavement Marking Beads,to be utilized by the Traffic Division, in the amount of$89,100.00. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the cost of this purchase from the Street Allocation Fund 12131, Pavement Markings Organization 116184, year 2023 funding. 1207cvr APPROVED AS TO FORM liz3 02 ITY ATTORNEY ATE Attest: City Clerk Approved: Mayor BID BOND: 5% CB Douglas County Purchasing TABULATION OF BIDS ON: CITY OF OMAHA Pavement Marking Beads (City &County) Potters Industries, LLC Swarco Reflex LLC Date of Opening Department Wednesday, December 7, 2022 PW Street Maint& DCE Quantity DESCRIPTION Unit Extended Unit Extended Unit Extended Price Price B Price Price C Price Price Pavement Marking Beads (City & County) As Per Attached Specifications Site 1: CITY OF OMAHA Dual-treated pavement marking beads for water- 220,000 lbs based paint (110 totes) BID/Ib: $0.494 $108,680.00 $0.405 $89,100.00 Site 2: DOUGLAS COUNTY Dual-treated pavement marking beads for water- 140,000 lbs based paint (70 totes) BID/Ib: $0.494 $69,160.00 $0.405 $56,700.00 TOTALFOR BOTH LOCATIONS: 5% Bid Bond is to be based upon this amount, if $20,000.00 or more $177,840.00 $145,800.00 Bid Bond Received: Yes Yes Terms: 0% Net 30 0% Net 30 Delivery: 30 Calendar Days 30 Calendar Days 1 of 1 CB DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET BID ON: CITY OF OMAHA AND DOUGLAS Pavement Marking Beads RETURN BIDS TO: Published: November 23,2022 & November 30,2022 CITY CLERK Page 1 1819 Farnam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5% LC-1 Omaha-Douglas Civic Center IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS$20,000 OR MORE. Omaha,NE 68183 BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO "CITY OF OMAHA" NOT AN ORDER Bid Opening Time&Date: 11:00 a.m.CT on Wednesday,December 7,2022 IMPORTANT 1. Bid must be in the office of the CITY CLERK,1819 Famam Street LC-1, 4 Right is reserved to accept or reject any or all bids in their entirety and the bidders shall Omaha-Douglas Civic Center,Omaha,NE 68183 have the right to appeal any decision to the Omaha City Council and/or the Douglas County by the opening date and time indicated in a sealed envelope marked: Board of Commissions. BID ON:CITY OF OMAHA AND DOUGLAS COUNTY Pavement Marking Bead 5 When submitting bid on items listed,bidder may on a separate sheet,make 2. As evidence of good faith a bid bond or certified check must be submitted with bid, suggestions covering reduction in costs wherever this is possible through Bid bond or certified check shall be made payable to"City of Omaha" redesign,change of material or utilization of standard items or quantity change. FAILURE TO DO SO IS CAUSE FOR REJECTION. 6 Bid tabulation are available on the Douglas County Purchasing website: 3 The City of Omaha and Douglas County are tax exempt Tax exempt certificates www.dougiascountypurchasing.org. DO NOT CALL FOR THIS INFORMATION. will be provided upon request Bid your lowest price,best delivery and terms,F.O.B.delivery point on the Item(s)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION Pavement Marking Beads as per the attached specifications. Site 1 -CITY OF OMAHA 220, 000 lbs. Dual-treated pavement marking beads for water- (110 totes) based paint BID/lb.: $ 0.405/lb. $89,100.00 Site 2 -DOUGLAS COUNTY 140,000 lbs. Dual-treated pavement marking beads for water- (70 totes) based paint BID/lb.: $ 0.405/lb. $56,700.00 $ 145,800.00 (5%Bid Bond is to be based upon this amount,if $20,000.00 or more) Questions regarding this bid should be sent via email to bidquestions@douglascounty-ne.gov. Vendor must include the bid title and company name in the subject line. The deadline to submit questions on this bid is 11:00 a.m. on the Thursday before the bid opening date. Answers to questions will be posted via an addendum no later than the Friday before bid opening at www.douglascountypurchasing.org. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms 0 % net/30 Firm: Swarco Reflex LLC I rporated In CA Delivery(or completion) Name:Jon Sproul 12/2/22 ISignatu 30 calendar days following awar Title: President Y 9 IPhone:254-562-9879 IFax:2 -562- 601 Address: 900 N. Denton/PO Box 1558, Mexia, TX 76667 Street/P.O.Box City State Zip Email Address: roseann.meredith@swarco.corn • DOUGLAS COUNTY REQUEST FOR BID Pavement Marking Beads NOT AN ORDER Page 2 BID CLAUSES-TERMS AND CONDITIONS Requirement for Bid Bond: The surety company issuing the bid bond should be licensed by the State of Nebraska and listed on the current edition of Circular 570 of the United States Department of the Treasury. A certified check,an official bank check,or cashier's checks drawn on a national bank or a bank chartered under the laws of the state, payable to the City of Omaha,or lawful money of the United States,or a United States Government Bond(negotiable)are acceptable substitutes for bond requirements. LETTERS OF CREDIT AND COMPANY CHECKS ARE NOT ACCEPTABLE SUBSTITUTES FOR A BID BOND AND WOULD BE CAUSE FOR REJECTION OF BID. If a bidder submits more than one bid,only one bid bond is required; however,the 5%bid bond must be calculated using the highest bid amount of all submitted bids. Conflict of Interest: Pursuant to all state and local rules,CONTRACTOR assures the City of Omaha(CITY)and Douglas County (County)that no elected Official or any officer or CITY/COUNTY employee shall have a financial interest,direct or indirect,in any CITY/COUNTY agreement. In the performance of this agreement,CONTRACTOR will avoid all conflicts of interests or appearances of conflict of interest. CONTRACTOR will report any conflict of interest immediately to the CITY/COUNTY. CONTRACTOR did not and will not provide any money or other benefit of any kind to any CITY/COUNTY employee in the procuring of,facilitation of,and execution of or during the duration of this Agreement. Communication with Staff: From the date this bid is issued until a contract is awarded, communication regarding this solicitation between potential vendors and individuals employed by the City of Omaha or Douglas County is prohibited. Only written communication via email to bidquestions@douglascounty-ne.gov is permitted. Once an award is made the vendor will be permitted to speak with person(s)participating in contract negotiations. Violation of these conditions may be considered sufficient cause to reject a vendor's bid and/or selection irrespective of any other condition. The following exceptions to these restrictions are permitted: (1)Contacts made pursuant to any pre-existing contracts or obligations; (2)City/County staff and/or vendor staff present at a Pre-Proposal Conference, if scheduled,when recognized by the City/County as staff facilitating the meeting for the purpose of addressing questions;and(3) Presentations,key personnel interviews,clarification sessions or discussions to finalize a contract, as requested by the City of Omaha/Douglas County. Unavailability of Funding: Due to possible future reductions including but not limited the City of Omaha(CITY)/Douglas County (COUNTY), State and/or Federal appropriations,the CITY/COUNTY cannot guarantee the continued availability of funding for this Agreement,notwithstanding the consideration stated in this Agreement. In the event funds to finance this Agreement become unavailable either in full or in part due to such reduction in appropriations,the CITY/COUNTY may terminate the Agreement or reduce the consideration upon notice in writing to Contractor. The notice shall be delivered by certified mail, return receipt requested,or in person with proof of delivery. The CITY/COUNTY shall be the final authority as to the availability of funds. The effective date of such Agreement termination or reduction in consideration shall be specified in the notice as the date of service of the notice or the actual effective date of the CITY/COUNTY,State and/or Federal funding reduction,whichever is later. Provided, that reduction shall not apply to payments made for services satisfactorily completed prior to the effective date. In the event of a reduction of consideration, Contractor may cancel this Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to CITY/COUNTY. Assignment and Delegation: This Agreement is exclusive to the Parties and rights may not be assigned nor duties delegated by either Party except on prior written consent of the other. Any attempted assignment or delegation without such approval shall be void and shall constitute a material breach of contract. Any and all additional fees, charges,costs or expenses,which result from an approved assignment or delegation,shall be paid by the assigning/delegating Party. Termination: The City of Omaha/Douglas County may terminate the awarded contract at any time if the vendor fails to carry out the terms or fails to make substantial progress toward the fulfillment of the contract obligations. In such event,the City/County shall provide the vendor with thirty(30)days written notice of conditions which endanger contract performance. If after such notice the vendor fails to remedy these conditions,the City/County may send a certified letter to the vendor for immediate cancellation of the contract. In such event, the City/County would receive a pro-rated portion of the value of the performance bond depending on the value of the remaining portion of the contract. The City/County will give the vendor sixty(60)days'notice of termination of contract if appropriations cease.The City of Omaha/Douglas County may also terminate the agreement for any reason upon 30 days'notice. Payment Terms: Net 30 payment terms shall apply to all invoices billed to the City of Omaha or Douglas County.Payment of invoice amount will occur within 30 days following receipt of invoice or receipt of goods/services,whichever is later. Drug Free Policy: CONTRACTOR assures the City of Omaha and Douglas County that CONTRACTOR has established and maintains a drug free workplace policy. SIGN ALL COPIES Firm Swarco Ref 1e LLC By Title Jo pr Pre ident 12/2/2022 CONTINUATION SHEET DOUGLAS COUNTY REQUEST FOR BID Pavement Marking Beads NOT AN ORDER Page 3 BID CLAUSES-TERMS AND CONDITIONS FEDERAL DEBARMENT OR SUSPENSION Has bidder or its principals been debarred or suspended from Federal contracts? YES X NO (failure to provide a response may be cause for rejection of bid) Bidder certifies by submission of this bid that neither it nor its principals are presently debarred or suspended from participation in Federal contracts. If during the term of the agreement the awarded bidder or any person engaged in performing this agreement becomes debarred or suspended such Party shall notify the City of Omaha and Douglas County immediately. Form CC-1: All bidders awarded a City contract in the amount of$10,000 or more must comply with the Contract Compliance Ordinance by having a current Contract Compliance Report(Form CC-1)on file with the Human Rights&Relations Department, This report shall be in effect for 24 months from the date received by the Human Rights&Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. Bidders are encouraged to use the following weblink to determine if they have a current Form CC-1 on file (search by company name): https://humanrIghts.cityofomaha.orglcc-1-search Equal Employment Opportunity: In accordance with the Nebraska Fair Employment Practice Act,Neb. Rev.Stat. §48-1122, the Contractor agrees that neither it nor any of its subcontractors shall discriminate against any employee,or applicant for employment to be employed in the performance of this Agreement,with respect to hire,tenure,terms, conditions,or privileges of employment because of the race,color, religion,sex,disability, or national origin of the employee or applicant. Non-Discrimination: Both Parties agree that in accordance with 42 USCS 12101 et seq.,the Nebraska Fair Employment Practice Act-Neb.Rev.Stat.§48-1122, and Omaha Municipal code 13-89,they will not discriminate against any employee or applicant for employment,to be employed in the performance of this Agreement,with respect to hire,tenure,terms, conditions, or privileges of employment because of the age,race,color,religion,sex,disability,or national origin of the employee or applicant. None of the Parties shall,in the performance of this Agreement,discriminate or permit discrimination in violation of federal or state laws or local ordinances. E-Verify:New Employee Work Eligibility Status(Neb.Rev.Stat.§4-108-114) The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the state of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,8 U.S.C. 1324a, known as the E-Verify Program,or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat.§4-108. Joint Governmental Purchases:The City of Omaha has been authorized to join with other public corporations or units of government within the State of Nebraska in the cooperative procurement of materials,equipment,work, or services. With the consent of the successful bidder the City may use the public competitive bid secured herein for the procurement of future materials,equipment,work,or services under the same terms, conditions,and prices offered by the bidder herein. Bidders are requested to indicate below if they are willing to extend the pricing,terms,and conditions of this bid to other City of Omaha departments,Douglas County departments,or other government agencies, if the bidder is the successful bidder. If the successful bidder replies Yes to this provision,other City of Omaha departments, Douglas County departments,and other government agencies may enter into a contract with the successful bidder for the purchase of the goods and/or services described herein based on the terms,conditions,and prices offered by the successful bidder to the City of Omaha. X YES NO SIGN ALL COPIES Firm Sw4rc flex LC By Title Jo pro Pres dent 12/2/22 CONTINUATION SHEET • DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA AND DOUGLAS COUNTY-Pavement Marking Beads NOT AN ORDER Page 4 BID CLAUSES-TERMS AND CONDITIONS INSURANCE: Each bidder must provide a Certificate of Insurance with their bid documents which details their current levels of coverage. FOLLOWING AWARD OF CONTRACT: For City and County projects where the scope of work will be less than$200,000.00,it is required that the awarded contractor provide a Certificate of Insurance meeting or exceeding the following levels of insurance:(1)adequate workers'compensation (statutory); (2)commercial general liability in an amount not less than $250,000 for any person for any number of claims arising out of a single occurrence and not less than$500,000 for all claims arising out of a single occurrence;and(3)property damage insurance in an amount not less than$500,000;and naming CITY OF OMAHA and DOUGLAS COUNTY as Certificate Holders for the term of the agreement. Certificates of Insurance are required before service begins. FOLLOWING AWARD OF CONTRACT: For City and County projects where the scope of work will exceed$200,000.00, it is required that the awarded contractor provide a Certificate of Insurance meeting or exceeding the following levels of insurance:(1) adequate workers'compensation(statutory); (2)commercial general liability in an amount not less than$1,000,000 for any person for any number of claims arising out of a single occurrence and not less than$5,000,000 for all claims arising out of a single occurrence;and(3) property damage insurance in an amount not less than$500,000;and naming CITY OF OMAHA and DOUGLAS COUNTY as Certificate Holders for the term of the agreement. Certificates of Insurance are required before service begins. Independent Contractor: Both parties understand and agree that(CONTRACTOR)is an independent contractor under the provisions of this Agreement and not employed by or otherwise affiliated with Douglas County(COUNTY)or the City of Omaha (CITY). Employees of CONTRACTOR(if any)are not employees of COUNTY/CITY. Each Party shall pay all wages,salaries and other amounts due its employees and shall be responsible for all reports,obligations,and payments pertaining to social security taxation, income tax withholding,workers'compensation,unemployment compensation, group insurance coverage, collective bargaining agreements or any other such similar matters. Both parties understand and agree that CONTRACTOR is solely responsible for acquiring and maintaining,for the term of this Agreement,adequate general and special liability insurance, including but not limited to workers'compensation insurance,sufficient to protect CONTRACTOR'ability to complete performance under this Agreement. Neither Party shall have any authority to bind the other by or with any contract or agreement, nor to impose any liability upon the other.All acts and contracts of each shall be in its own name and not in the name of the other. EXTRAORDINARY EVENTS: In the event of a pandemic,natural disaster,terroristic attack,or closure of a facility due to construction, remodeling or sale or any other extraordinary event which results in one,some or all of the listed facilities in this Agreement being closed for two weeks or more,the City and the County may discontinue services upon immediate notice. Liquidated damages shall be assessed at a rate of 1%of the total purchase order amount per calendar day that satisfactory delivery is not made. Satisfactory delivery shall occur on or before the date of delivery agreed to at the time of the bid or purchase award between the City and/or the County and the awarded bidder. Satisfactory delivery shall also be deemed to include product or purchase compliance with all specifications set forth in the bid award. The amount of liquidated damages shall be deducted from any monies due the awarded bidder by the City and/or the County. If applicable,when the monies due to the awarded bidder are not sufficient to satisfy the City's and/or County's liquidated damages,the awarded bidder shall submit payment to the City and/or the County in the amount to satisfy any outstanding liquidated damages owed within 10 days of the date of non-performance. The City and/or the County may,at its sole discretion,allow"excusable delays"when assessing if liquidated damages are applicable. An excusable delay is defined as a delay that causes disruption to the delivery schedule but which is beyond the awarded bidder's control. Excusable delay may include delays caused by weather,strikes,or natural disasters. Any determination of excusable delay by the City and/or the County shall be limited in time and scope and shall not be a guarantee or promise of future determinations of excusable delay by the City and/or the County. Quantities are estimated. Depending on bid pricing and budget,the City and/or the County may purchase more or less than the quantities listed. SIGN ALL COPIES Firm Swarco Reflex LLC By Title Sprou , Pres dent 12/2/22 CONTINUATION SHEET • DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA AND DOUGLAS COUNTY-Pavement Marking Beads NOT AN ORDER Page 5 BID CLAUSES -TERMS AND CONDITIONS ACCEPTANCE OF MATERIAL: Unless otherwise stated in specifications,all components used in the manufacture or construction of materials,supplies and equipment,and all finished materials,will be new,the latest make/model,of the best quality,and the highest grade workmanship. Material delivered under this proposal will remain the property of the Bidder until: (1)A physical inspection and actual usage of the material is made and found to be acceptable to the City and/or the County;and (2)Material is determined to be in full compliance with the bidding documents and accepted bid. In the event the delivered material is found to be defective or does not conform to the bidding documents and accepted bid,the City and/or the County reserves the right to cancel the order upon written notice to the Bidder and return materials to the Bidder at Bidder's expense. Awarded Bidder will be required to furnish title to the material,free and clear of all liens and encumbrances, issued in the name of the City of Omaha, Nebraska,and/or Douglas County, Nebraska,as required by the bidding documents or purchase orders. Awarded Bidder's advertising decals, stickers or other signs will not be affixed to equipment.Vehicle mud flaps will be installed blank side out with no advertisements. Manufacturer's standard production forgings,stampings,nameplates and logos are acceptable. Unit Pricing: If unit pricing is requested but a bidder only provides a total price(extension),then it may be cause for rejection of the bid. In the event of a calculating error,unit price(s)in the submitted bid document prevails. Bidder shall not be allowed to change their unit price(s)due to a calculating error. CONSUMER PRICE INDEX CLAUSE: Following the initial contract term,the awarded bidder may propose price increases for any contract extensions offered by the City/County. Price increases must be requested 30 days prior to proposed increase and must be justified with documentation(e.g.reports,manufacturer statements, invoices,etc.). Proposed price increases will be reviewed by the City/County,who at their sole discretion will either approve or reject the proposed increase. SIGN ALL COPIES Firm Swar,Ref le LLC By Title Jo , Pre ident 12/2/22 CONTINUATION SHEET • Responsible Contractor Compliance Form RC-1 ��op1At1A,A,, AcTraC ,'� ti; 1. Regulation: AoR''F'o FG600.4 A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require: 1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor,shall fill out completely a Responsible Contractor Compliance Form (RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 2. Filing this Report(please initial in the boxes below): Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully CliFI authorized to perform employment in the United States and that the Contractor and all sub- contractors shall use E-Verify to determine work eligibility. clEpContractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev.Stat.Section 48-2901 et seq.). c:::L"I Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards �J Law(Neb.Rev.Stat.Section 73-104 et seq.). cl*$ Contractor has not been convicted of any tax violations(local,State and Federal)within the last �'� three years from the date this bid is submitted. Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a criminal,repeat,or willful violation of the Occupational ...- Safety and Health Act(OSHA)or been convicted of 3(three)separate"serious"OSHA violations within the past three(3)years. + '1 Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Responsible Contractor Compliance Form RC-1. 12/2/2022 Signet Jon ul, P esident Date By signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a$500 fine or six months in jail. In addition,the contractor and sub- contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. • EMPLOYEE CLASSIFICATION ACT: Each contractor who performs construction or delivery service pursuant to this contract shall submit with their bid submission an affidavit attesting that (1) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"); (2) such contractor has completed a Federal I-9 Immigration form and has such form on file for each employee performing services; (3) such contractor has complied with Neb. Rev. Stat. Section 4-114 (Federal Immigration Verification System--E- Verify); (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker; and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by City of Omaha/Douglas County. CONTRACTOR shall follow the provisions of the Employee Classification Act (Act). A violation of the Act will be a material breach and, in addition to any other remedies, be grounds for immediate contract rescission. If CONTRACTOR is performing construction or providing delivery service, CONTRACTOR shall submit an affidavit that complies with the Act. CONTRACTOR will also ensure that all subcontractors performing services for Contractor will also complete affidavits that comply with the Act. Contractor may submit the affidavit(s) with their bid submission. In all circumstances, Contractor shall provide the affidavits before work or services are undertaken pursuant to this Agreement. Following award, if CONTRACTOR changes or adds additional subcontractors, CONTRACTOR shall ensure that the subcontractor provides an Employee Classification Act affidavit to Douglas County Purchasing Department before that subcontractor begins work or services. All Employee Classification Act affidavits shall be sent to: Douglas County Purchasing Agent, 1 819 Farnam Street, Room 902,Omaha NE 68183. FAIR LABOR STANDARDS: CONTRACTOR agrees to maintain FAIR LABOR STANDARDS as defined in Neb. Rev Stat § 73-104. CONTRACTOR has filed with Douglas County (City/County Purchasing) a statement that it is complying with and will continue to comply with, fair labor standards as provided in Neb. Rev. Stat. §§73-102 & 73-104. In addition, CONTRACTOR assures County that it will continue to comply with statutory fair labor standards throughout its performance under this contract. • AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT & FAIR LABOR STANDARDS I, Jon Sproul, President , being first duly sworn under oath, state and depose as follows: 1. I am competent to testify to,and have personal knowledge of,the matters stated in this affidavit. 2. I am (a contractor) or (the authorized agent of the contractor) for Swarco Reflex LLC Company, (hereinafter "Contractor"). I attest to the following: (a) each individual performing services for Contractor is properly classified under the Nebraska Employee Classification Act, ("the Act"), (b) Contractor has completed a federal I- 9 immigration form and has such form on file for each employee performing services, (c) Contractor has complied with Neb. Rev. Stat. §4-114 (use of federal immigration verification system), (d) Contractor has no reasonable basis to believe that any individual performing services for Contractor is an undocumented worker, (e) as of the time of the contract, Contractor is not barred from contracting with the state or any political subdivision pursuant to the Act, and (f) Contractor is complying with and will continue to comply with, fair labor standards as provided in Neb.Rev.Stat. §§73-102 & 73-104, as applicable and as amended hereinafter. Contractor will also ensure that all subcontractors execute affidavits in compliance with the Act. FURTHER AFFIANT SAYETH NAUGHT. Affiant ntractor on Sproul SUBSCItI$li lilll VORN TO before me this end day of December20 22 QO•' STATE '.'S • OF TENNESSEE ' NOTARY • "'--tv 1;`, ? •. PUBLIC Notary Public ,..1/ t1 �.••$ • ( My Commission Expires: 02/25/2024 CITY OF OMAHA AND DOUGLAS COUNTY SPECIFICATIONS FOR PAVEMENT MARKING BEADS(2023) 1. GENERAL These specifications are intended to cover certain physical qualities of glass beads to be applied on the wet film surface of pavement marking paint to improve the nighttime visibility of the pavement marking. The furnishing of glass beads under these specifications shall not be dependent upon the furnishing of the white and/or yellow paint,nor will the furnishing of beads be divided in any manner dependent upon any division in the furnishing of white and/or yellow paint. 2. PHYSICAL PROPERTIES A. The beads shall be manufactured from glass of a composition designed to be highly resistant to traffic wear and to the effects of weathering. The beads shall have no objectionable color that affects the hue of the binder to which they are applied. B Glass beads for pavement marking shall meet AASHTO M-247,Type I,"standard gradation" except the beads shall have a minimum of 80%true spheres. The beads shall be made from clean colorless transparent glass and shall be smooth,spherically shaped,and free from milkiness,pits, excessive air bubbles,chips,and foreign material. The beads shall have a dual surface treatment consisting of a moisture resistant silicone treatment and a silane adherence surface treatment. The dual treated beads shall pass the Spoon Test method of testing glass beads for moisture resistance,and shall pass the Dansyl Chloride Test method of testing glass beads for adherence coating. 3. CONTAINER The beads shall be furnished in 2000-pound waterproof and leak-proof containers. Any seams shall be the double stitched fold-over(fell seam)type. Each container shall be legibly marked with the manufacturer's name,and the year the beads were packaged,the weight and the lot number. Beads received in containers shall be dry,with no caking of the beads. 4. TESTING City of Omaha and Douglas County will have beads randomly tested by an independent laboratory. If beads are found to not meet specification,the supplier agrees to pay all testing expenses and replace entire shipment within two weeks(14 days)of notification. If replacement shipment is not received within fourteen(14)days,the City and County will commence using the off-spec beads at whatever rate is necessary to provide proper coverage. The remaining balance of the original shipment shall be returned at supplier's expense,at time of delivery of replacement shipment. There will be no charge for the usage of the off-spec beads. 5. CERTIFICATION The manufacturer shall furnish one copy of a certificate for each lot of the material furnished,giving the properties of the beads and certifying that they meet the required specifications. The affidavit shall show designation of the sample,lot number,and date of manufacture. 6. COST The price per pound shall be held constant for the life of this contract. This will include any additional orders above the minimum amount specified in the bid. 7. TERM The term of this price agreement will be for a one(1)year period from the time of award with three (3)one(1)year options to extend at the sole option of the City of Omaha or Douglas County within thirty(30)days of the expirations of the contract. Page 1 of 2 8. PRICING Pricing to remain firm through the first twelve(12)months. Any increase in pricing for subsequent extensions must be accompanied by documentation explaining the price increase. This can be documentation from the manufacturer showing increase or proof of natural materials have increased. Any price increase must be submitted in writing thirty(30)days prior to the increase. 9. AWARD Each site is a geographically separate site,not dependent or related to any other site,and each site will be considered a separate award,per bid and attached specifications. 10. SITE 1: CITY OF OMAHA 220,000 lbs.of dual-treated pavement marking beads for water-based paint. Pavement Marking Beads for the City of Omaha are to be delivered by flatbed only,fully covered to avoid any moisture. It is anticipated that beads will be ordered in February 2023. DELIVERY SCHEDULE AS FOLLOWS: 40,000 lbs.delivered in 2,000 lb.totes the week of March 13,2023. 40,000 lbs.delivered in 2,000 lb.totes the week of April 10,2023. The remainder of the pavement marking beads will be ordered as needed with two(2)weeks advance notice given. DELIVER BY FLATBED ONLY TO: Traffic Maintenance 4303 S 50th Street Omaha,NE 68117 11. SITE 2:DOUGLAS COUNTY 140,000 lbs.of dual-treated pavement marking beads for water-based paint per one(1)page of specifications. Pavement Marking Beads for Douglas County are to be delivered by flatbed only,fully covered to avoid any moisture. It is anticipated that beads will be ordered in February 2023. DELIVERY SCHEDULE AS FOLLOWS: 44,000 lbs.delivered in 2,000 lb.totes the week of April 3,2023. Additional pavement marking beads will be called for as needed. DELIVER BY FLATBED ONLY TO: Douglas County Engineer Sign Shop 15505 W Maple Road Omaha,NE 68164 Page 2 of 2 • •/'""11, SWARAME-01 KBLAKEHUFF A�R�� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 2/9/2022 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES • BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#1298 hair,- Hub International Mid-South PHONE 3011 Armory Drive (A/c,No,Ezt):(615)383-9761 �FAX No):(615)383-4628 Suite 250 Mkss: Nashville,TN 37204 INSURER(S)AFFORDING COVERAGE NAIL# _INSURER A:AXA Insurance Company 33022 INSURED INSURER B:Travelers Indemnity Company of Connecticut 25682 _ SWARCO America Inc. INSURER C:Travelers Property Casualty Company of America 25674 PO Box 89 270 Rutherford Lane INSURER D:Travelers Commercial Casualty Company 40282 Columbia,TN 38401-0089 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LTR INSD WVD IMMIDDIYYYYI (MMIDD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR US00107779LI22A 1/1/2022 1/1/2023 PREM 3Es rEa occtErrence) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,01)O,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY28f LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY (Ea aBINEDccidentSINGLE LIMIT $ 1,000,000 X ANY AUTO _ BA-2L173102-22-I3-G 1/1/2022 1/1/2023 BODILY INJURY(Per person) $ OWNED ONLY SCHEDULED BODILYO INJURYp (Peraccldent), $ _AURTOS ONLY _ AUTOS ONLY (Perraccid nllAMAGE $ $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS UAB CLAIMS-MADE EX-8S472260-22-NF 1/1/2022 1/1/2023 AGGREGATE g 2,000,000 DED RETENTION$ $ D WORKERS COMPENSATION X PER OTH- - AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N UB-0J471469-22-13•G 1/1/2022 1/1/2023 E.L.EACH ACCIDENT $ 1,000,000 QEFILER/M MSER EXCLUDED? N/A 1'000'000 (mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,AddlUonel Remarks Schedule,may be attached B more space Is required) 'I As respects General Liability: Additional insured applies when required by written contract per the following Forms: CG 20 10 04 13-Additional Insured-Owners,Lessees or Contractors-Scheduled Person or Organization CG 20 37 04 13-Additional Insured-Owners,Lessees or Contractors-Completed Operations CG 20 26 04 13-Additional Insured-Designated Person or Organization CG 20 11 04 13-Additional Insured-Managers or Lessors of Premises Coverage is Primary/Noncontributory when required by written contract per Form CG 20 01 04 13-Primary and Noncontributory•Other Insurance Condition. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Omaha&Douglas County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1819 am Street ACCORDANCE WITH THE POLICY PROVISIONS. LC-1 Omaha-Douglas Civic Center Omaha,NE 68183 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:SWARAME-01 KBLAKEHUFF LOC#: 1 ACORO" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#1298 NAMED INSURED Hub international Mid-South SWARCO America Inc. PO Box 88 POLICY NUMBER 270 Rutherford Lane SEE PAGE 1 Columbia,TN 38401-0089 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTNEDATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Waiver of Subrogation applies when required by written contract per Form CG 24 04 05 09-Waiver of Transfer of Rights of Recovery Against Others to Us. As respect Auto Liability: Additional Insured applies when required by written contract per Form CA T3 53 01 15-Business Auto Extension Endorsement- Blanket Additional Insured Waiver of Subrogation applies when required by written contract per Form CA T3 53 0215-Business Auto Extension Endorsement- Blanket Waiver of Subrogation. As respects Workers Compensation: Waiver of Our Right to Recover-Blanket when required by written contract: CA-WC990376(A) TX-WC420304(B) Any State in item 3.A.or 3.C.except where not applicable(Coverage not Applicable in KY,NH,NJ)-WC 00 0313 00 As respects Excess Liability: Coverage is follow form and extends over the Auto Liability and the Employers Liability only. As respects Cyber: Excess Cyber policy#3380073 AIG Europe S.A. $6,106,050 Limit Subject to all of the terms,conditions,exclusions and definitions of the above referenced policies as issued by the carrier(s). RE:Bid for Glass Beads ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD