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RES 2018-0725 - PO to Brenntag Great Lakes LLC for sodium hydroxide MpHe :�`�l%�'sfy' f .. ilb c * Department T`f"rC'1�r«+ AUG �1 �Qw 9 s Omaha/Douglas Civic Center n®x,I'2ac: ��� ro 201 JUL 7 7 8 a am Street,Suite 601 c ' ,; .N•t,raska 68183-0601 mop 4�ro (402)444-5220 a413 FEaRVr v Fax(402)444-5248 Cityof Omaha _! t l :Yr Jean Stothert,Omaha Mayor rt,r Q A A" 1, r bJ�e^ts G.Stubbe,P.E. itiblic Works Director Honorable President and Members of the City Council, Transmitted herewith is.a.Resolution awarding a Purchase Order to Brenntag Great Lakes, LLC for the supply Of Sodium Hydroxide (Bulk Shipments) which will be used at the Missouri River Water Resource Recovery Facility. The following bids were received on June 6, 2018: Contractor Total Bid Brenntag Great Lakes, LLC $90,300.00 ,,(Low Bid) DPC Industries, Inc. $93,765.00` Univar USA, Inc. No Bid The Public Works Department recommends acceptance of the bid from Brenntag Great Lakes, LLC, being the lowest and best bid received, for a total amount of $90,300.00. This cost will be paid from the Sewer Revenue Fund 21121, Missouri River Wastewater Treatment Plant Organization 116612. Brenntag Great Lakes, LLC has a current Contract Compliance Report, Form CC-1, on file with the Human Rights and Relations Department. As is City Policy, the Human Rights and Relations Department will be responsible for monitoring compliance with the Contract Compliance Ordinance. The Public Works Department requests your consideration and approval of this Resolution. Respectfully submitted, Approved: 0. t - '- 1-/S 7:24 -Le o ert G. Stubbe, P.E. Date Franklin T. Thomps n Date Public Works Director Human Rights and Relations Director Approved as to Funding: Referred to City Council for Consideration: a-. --, ., • 4A1-<— 6'" /P . /LOA(..S-(4.) L7 Z Stephen B. Curtiss ,, Date Mayor's Office Date rIC Finance Director " �' 3168htp City Clerk Office Use Only: • Publication Date(if appl'cable): RESOLUTION NO. --V5 Agenda Date: - Department:Submitter:111S4kV11cjliuw CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on June 6, 2018 for the procurement of Sodium .Hydroxide (Bulk Shipments) to be utilized at the Missouri River Water Resource Recovery Facility; and, WHEREAS, Brenntag Great Lakes, LLC, submitted a bid of$90,300.00, being the lowest and best bid received; and, WHEREAS, funds of the City have been identified for this procurement which will be paid through the Sewer Revenue Fund 21121, Missouri River Wastewater Treatment Plant Organization 116612. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the purchase order to Brenntag Great Lakes, LLC for Sodium Hydroxide (Bulk Shipments) which will be utilized at the Missouri River Water Resource Recovery Facility, is hereby approved; BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the cost of this purchase in the amount of $90,300.00 from the Sewer Revenue Fund 21121, Missouri River Wastewater Treatment Plant Organization 116612, year 2018 expenditures. APPROVED AS TO FORM: 3167htp CITY ATTORNEY DATE Adopted: AUG 0 7 2018 Attest: City C erk Approved: 1,i,a,� �w b ,_ Mayor Inter-Office Communication To: Heather Tippey Pierce, General Services Manager, Public Works From: Michael Arends, Missouri River WWTP Manager Date: June 7, 2018 Subject: Wastewater Treatment Plants Sodium Hydroxide Bid Acceptance The bid for sodium hydroxide, from Brenntag Great Lakes, LLC is acceptable. The low price agreement of$90,300.00 for 35,000 gallons of 50% by weight solution Sodium Hydroxide over a one-year term is the lowest and best bid. This is a one-year contract and therefore is subject to approval via resolution by the City Council. Funds for this contract should come from cost center 21121-116612-43235. Please prepare the appropriate paperwork to award this contract as soon as possible. If you have any questions, please contact me at 444-3910. BID BOND: 5% Douglas County Purchasing TABULATION OF BIDS ON: CITY OF OMAHA SODIUM HYDROXIDE (BULK SHIPMENTS) Brenntag DPC Great Industries, Univar USA, Date of Opening Page 1 Lakes, LLC Inc. Inc. June 6, 2018 Department lAs Read in Bid Committee PUBLIC WORKS-MO RIVER WRRF Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT PRICE C PRICE B PRICE PRICE PRICE PRICE 35,000 SODIUM HYDROXIDE (BULK Gallons SHIPMENTS) BID/gallon: $2.58 $2.679 TOTAL BID: $90,300.00 $93,765.00 No Bid Terms: 30 days Net 30 Delivery: 7 days 2 days n T. H. DOUGLAS COUNTY, REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA Sodium Hydroxide(Bulk Shipments) RETURN BIDS TO: Published: Wednesday,May 23,2018 Page 1 CITY CLERK 1819 Farnam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT 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.CST on . Wednesday,June 6,2018 IMPORTANT .. 1. Bid must be in the office of the CiTY CLERK,1819 Famam Street,LC-1, 4. If Federal Excise Tax applies,show amount of same and deduct • OMAHA-DOUGLAS CIVIC CENTER,Omaha,NE 68183 Exemption certificates will be furnished.Do not include tax in bid. by the opening date and time indicated in a sealed envelope marred: BID ON:CITY OF OMAHA Sodium Hydroxide(Bulk Shipments) - 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. 2 As evidence of good faith ahid bond-or certified-checkrmust be submitted with bid. 6. When•submitting bid on iterns•fiated;bidder may on a separate sheet make Bid bond or certified check shall be made payable to'City of Omaha° suggestions covering reduction in costs wherever this is possible through FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,change of material or utilization of standard items or quantity change. 3. Right is reserved to acceptor reject any or all bids in their entirety and the bidders shall 7, If you do not bid,return sheets with reason for declining. Failure to do so will indicate have the right to appeal any decision tb the City pound. Right is also reserved to your desire to be removed from our mailing list TABULATION SHEETS FOR THE BiDS accept or reject any part of your bid unless otherwise indicated by you. SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY WEBSITE AT www.douclascountvourchasinv.orq. DO NOT CALL FOR THIS INFORMATION. _ Quote your lowest price,best delivery and terms,F.O.B.delivery point on the ltem(s)listed below: QUANTITY. DESCRIPTION UNIT PRICE EXTENSION .. The City of Omaha is-requesting bids to supply Sodium . Hydroxide to the Missouri River Water Resource Recovery • • Facility per specifications. Sodium Hydroxide will be • • purchased in 2,500 gallon bulk shipments. • 35,000 gallons . BID/gallon: $ 2.58/Gallon $ 90,300.00 (5%Bid Bond is to be based' • upon this amount,if over . $20,000.00) Questions regarding this bid should be sent via email to. • . bidquestions@dougiascounty-ne.gov. Vendor must include . the bid title and opening date in the subject line. • • • The deadline to submit questions on this bid is 11:00 • • . • a.m. on the Thursday before the bid opening date. . . Answers to questions will be posted via an addendum at . www riniiglasrnrtntypurchasing.org-under-Current-Bids-and • ----- • Proposals for your specific bid, not later than the Friday . . • . • prior to bid opening. All bidders awarded a contract in the amount of S10,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) . Payment Terms 0 % 30 Days Firm: Brenntag Great Lakes,LLC incorporated in: wi Delivery(or.completion) Name: Chad Johansen ,Signature 7 Days calendar days following Title: Sales Representative !Phone:(402)237-9109 Fax: (402)731-7495 award Address:3720 D Street Omaha, NE 88107 Street/P.O.Box City State Zip Email Address: cjohansen c©brenntag.com c 3 T .H. DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA-Sodium Hydroxide(Bulk Shipments). NOT AN ORDER Page 2 • BID CLAUSES -TERMS AND CONDITIONS REQUIREMENTS FOR BID BOND: The surety company issuing the bid bond should be licensed by the State of Nebraska and listed on the current edition of Circular 570 of the United States Department of the Treasury. A certified check, an official bank check, or cashier's checks drawn on a national bank or a bank chartered under the laws of the state,payable to the City.of Omaha,or lawful money of the United States,or a United States Government Bond(negotiable)are acceptable substitutes for bond requirements. LETTERS OF CREDIT AND COMPANY CHECKS ARE NOT ACCEPTABLE SUBSTITUTES FOR A BID BOND AND WOULD BE CAUSE FOR REJECTION OF BID. If a bidder submits more than one bid,only one bid bond is required; howover.the.5.%o_bid_bond-roust_be_calculated..using.the highest bid-amount of all submitted-bids.................. -- • Vendor Restrictions: From the date the bid is issued until a determination is announced regarding the selection of the contractor,contact regarding this project between potential consultants/vendors/contractors and individuals employed by the City of Omaha'(Omaha)is restricted to only written communication with the person designated as the point of contact for this bid. Once a contractor is preliminarily selected, that contractor is restricted from communicating with Omaha employees with the exception of employees designated to negotiate,discuss or finalize a contract. Violation of this condition may be considered sufficient cause to reject a:contractor's proposal and/or selection Irrespective of any other condition. - Conflict of Interest: Pursuant to Section 8.05 of the Home Rule Charter and all state and local rules,CONTRACTOR assures City of Omaha(CITY)that no elected Official or any officer or CITY employee shall have a financial interest,direct or indirect, in any CITY agreement. In the performance of this agreement,CONTRACTOR will avoid all conflicts of interests or appearances of conflict of interest. CONTRACTOR will report any conflict of interest immediately to the CITY. CONTRACTOR did not and will not provide any money or other benefit of any kind to any CITY employee in the procuring of,facilitation of, and execution of or during the duration of this Agreement. Drug Free Policy:CONTRACTOR assures City of Omaha that CONTRACTOR has established and maintains a drug free ,workplace policy. Unavailability of Funding: Due to possible future reductions including but not limited City of Omaha(CITY), State and/or Federal appropriations,the CITY 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 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 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,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 11 ie proposed►dtiuotvri upon the provision of advance written notice to CITY. PAYMENT TERMS: Net 30 payment terms shall apply to all invoices billed to the City of Omaha:.Payment of invoice amount will occur.within 30 days following receipt of invoice or receipt of goods/services,whichever is later. - • BIDS TRANSMITTED BY CITY CLERK • • .OPENED BY CCOMMITTEE. SIGN ALL COPIES JUN . 6 261$ Firm Brenntag Great Lake , LLC AS PER ORD#37061 By Chad Johansen CU Referred to Purch sing Agent Title sales Representative • CONTINUATION SHEET T. H. DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA-Sodium Hydroxide(Bulk Shipments) NOT AN ORDER Page 3 BID CLAUSES-TERMS AND CONDITIONS Equal Employment Opportunity: In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1122,the Contractor agrees that neither it nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of this,Agreement,with respect to hire,tenure, terms, conditions,or privileges of employment because of the race, color; religion,sex, disability,or national origin of the employee or applicant. New Employee Work Eligibility Status(Neb. Rev.Stat.§4-108-114) The-Contractor-is-required-and-hereby•agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. .. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us. ._ 2. If the Contractor indicates on such attestation form that he.or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev.Stat. §4-108. . , SIGN ALL COPIES Firm Brenntag Great Lakes, LLC By. Glad Johansen' Title Sales Representative • • • • • CONTINUATION SHEET • T. H. Responsible Contractor Compliance.Form RC-1 nIt �T y.r °-kte ro 1. Regulation: • A.Article IV,.DivisionI 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 CJ authorized to perform employment in.the United States and that the Contractor and all sub- contractors shall use E-Verify to determine work eligibility. © Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev.Stat.Section 48-2901 et seq.). Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev. Stat.Section 73-104 et seq.). • ® 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. Contractor agrees to make a good faith effort to ensure aiI subcontractors employed on this project • CJ comply with the provisions of the Responsible Contractor Compliance Form RC-1. BIDS TRANSMITTED BY CITY CI June 4, 2018 OPENED BY COMMITT&lgn a Date J U N 0 6 2018 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- AS PER ORD #3706lontractors can be subject to immediate disqualification and prohibited from any future City of Omaha Rafe rred to Purchasing Agmitact for a period of 10 years. May 2018 SPECIFICATIONS FOR Sodium Hydroxide Chemical Supply At the Missouri River Water Resource Recovery Facility 5600 South 10th Street . Omaha,Nebraska 68107 I. GENERAL. 1. Bids will be awarded on the basis of the lowest cost per bid period. 2. Base bid is for 50% by weight solution hydroxide to be purchased in 2,500-gallon bulk shipments. The estimated quantity of caustic required for each contract period is listed in the bid information below. The • - - - solution should be of a grade suitable for municipal wastewater treatment applications. The chemical is to be delivered to the City of Omaha at the above location. 3. The contract shall be setup as an open order for a time period of one (1) year from the date of award. . 4. The bidder will be notified a minimum of two working days prior to the next required delivery date and must make..delivery:within the two-day period. . II. SPECIAL CONDITIONS 1. The bidder must supply 20 feet of 1.5-inch hose with a 1.5-inch female cam and 'groove connection for off loading. The bidder shall be responsible for the personal safety of their employees during chemical unloading. The bidder shall comply with all Federal and State regulations concerning transport of the chemical. 2. Each invoice is to be accompanied by a certified analysis. 3. The bidder will comply with the Spill Control Requirements for Chemical Delivery by Truck to the Omaha Water Resource Recovery Facilities, attached. Spill Control Requirements For,. Chemical Delivery by Truck To the . Omaha Water Resource Recovery Facilities The purpose of the following requirements is to control chemical spills from delivery vehicles that could possibly flow through the plant storm water system into a receiving stream. The City of Omaha is required by its NPDES (National Pollutant Discharge Elimination...System) permit to-prevent such spills. The-spill control material (spill material) referred to below is designed to contain and absorb chemical spills such as sodium hydroxide,sodium hypochlorite,sodium bisulfite,and ferric chloride. A)' The driver for the contractor is required to stay with the vehicle during any time that off-loading is occurring. This is to ensure that'any spills are caught as soon . . as`possible:. B) The City of Omaha and the contractor will review each delivery site at the plant to agree upon a method of off-loading spill control. C) .The proper spill material has been obtained by the City'of Omaha and has been placed at each off-loading site. D) 'The contractor personnel' will be responsible for inspecting the spill material at each site before off-loading can begin for each load. If spill material is missing from a site, the contractor personnel must contact the City of Omaha for replacement spill material before off-loading. E) The contractor is responsible for training their employees in proper use of the spill material: F) The contractor will be responsible for,the,disposal of any spill material used for a spill from their vehicles,off-loading hoses,or any other part of their equipment. G) The contractor is responsible for reimbursing the City of Omaha for the cost of replacing.spill material that is used to control a spill from their vehicle or equipment. BIDS TRANSMITTED BY CITY CLERK OPENED BY COMMITTEE JUN 0 6 2018 AS PER ORD#37061 Referred tr3 Purchasing Agent Page 1 of 1 • T. H. • DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA Sodium Hydroxide (Bulk Shipments) RETURN BIDS TO: Published: Wednesday,May 23,2018 Page 1 CITY CLERK 1819 Farnam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT 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 Ttme&Date: 11:00 a.m.CST on Wednesday,June 8,2018 IMPORTANT 1. Bid must be in the office of the CITY CLERK,1819 Farnam Street,LC-1, 4. If Federal Excise Tax applies,show amount of same and deduct. OMAHA-DOUGLAS CIVIC CENTER,Omaha,NE 68183 Exemption certificates will be furnished. Do not include tax in bid. by the opening date and time indicated in a sealed envelope marked: BID ON:CITY OF OMAHA Sodium Hydroxide(Bulk Shipments) 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. 2. As evidence of good faith a bid bond or certified check must be submitted with bid. 6. When.submitting bid on items listed,bidder may on a separate sheet,make Bid bond or certified check shall be made payable to"City of Omaha" suggestions covering reduction in costs wherever this is possible through FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,change of material or utilization of standard items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and the bidders shalt 7. If you do not bid,return sheets with reason for declining. Failure to do so will indicate have the right to appeal any decision to the City Council. Right is also reserved to your desire to be removed from our mailing list TABULATION SHEETS FOR THE BIDS accept or reject any part of your bid unless otherwise indicated by you. SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY WEBSITE AT www,douglascountypurchasinq.orq. DO NOT CALL FOR THIS INFORMATION. Quote your lowest price,-best delivery and terms,F.O.B.delivery point on theltem(s)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION The City of Omaha is requesting bids to supply Sodium Hydroxide to the Missouri River Water Resource Recovery Facility per specifications, Sodium Hydroxide will be purchased in 2,500 gallon bulk shipments. d0 35,000 gallons BID/gallon: $2. 7 9 $ 93, 76.5' (5%Bid Bond is to be based upon this amount,if over $20,000.00) Questions regarding this bid should be sent via email to • bidquestions©douglascounty-ne.gov. Vendor must include the bid title and opening date in the subject line. • The deadline to submit questions on this bid is 11:00 a.m. on the Thursday before the bid opening date. Answers to questions will be posted via an addendum at uuww.dnuglasictu.ntypurchasingror-g-under-Current-Bids-and- •--- • Proposals for your specific bid, not later than the Friday prior to bid opening. All bidders awarded a contract in the amount of$10,000.or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms 0 % i\I{Q,t 30 Firm: vet, 1 Incorporated In: `t) f av J 2 r^,Q, Delivery(or completion) Name: Q a R�� Signature: ' f 2- calendar days following Title:' ; ..( -�- 5a. 5 ply, la Phone: tA02 lei 3 t i s a- Fax: y t2 -z_cA Q(p 41 award Address: E Izen_ S. ZS•Fti. ' StreetlP.O.Box City Bet tem%re. State /./lc Zip (fi g l 2 3 Email Address: rr2LIA c Gt t(r»p . C zwl • T.H. DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA-Sodium Hydroxide(Bulk Shipments) NOT AN ORDER Page 2 BID CLAUSES -TERMS AND CONDITIONS REQUIREMENTS FOR BID BOND: The surety company issuing the bid bond should be licensed by the State of Nebraska and listed on the current edition of Circular 570 of the United States Department of the Treasury. A certified check,an official bank check,or cashier's checks drawn on a national bank or a bank chartered under the laws of the state, payable to the City of Omaha, or lawful money of the United States,or a United States Government Bond (negotiable)are acceptable substitutes for bond requirements. LETTERS OF CREDIT AND COMPANY CHECKS ARE NOT ACCEPTABLE SUBSTITUTES FOR A BID BOND AND WOULD BE CAUSE FOR REJECTION OF BID. If a bidder submits more than one bid, only one bid bond is requir-ed;_however.,_.the-5%-bid-bond-must be calculated using the highest bid amount of all submitted bids. • - • - Vendor Restrictions: From.the date the bid is issued until a determination is announced regarding the selection of the contractor,contact regarding this project between potential consultants/vendors/contractors and individuals employed by the City of Omaha (Omaha) is restricted to only written communication with the person designated as the point of contact for this bid. Once a contractor is preliminarily selected,that contractor is restricted from communicating with Omaha employees with the exception of employees designated to negotiate, discuss or finalize a contract. V_ iolation of this condition may be considered sufficient cause to reject a contractor's proposal and/orselectlon irrespective of any other condition. Conflict of Interest: Pursuant to Section 8.05 of the Home Rule Charter and all state and local rules, CONTRACTOR assures City of Omaha(CITY)that no elected Official or any officer or CITY employee shall have a financial interest,direct or indirect, in any CITY agreement. In the performance of this agreement, CONTRACTOR will avoid all conflicts of interests or appearances of conflict of interest. CONTRACTOR will report any conflict of interest immediately to the CITY. CONTRACTOR did not and will not provide any money or other benefit of any kind to any CITY employee in the procuring of,facilitation of,and execution of or during the duration of this Agreement. Drug Free Policy:CONTRACTOR assures City of Omaha that CONTRACTOR has established and maintains a drug free workplace policy. Unavailability of Funding: Due to possible future reductions including but not limited City of Omaha(CITY), State and/or Federal appropriations,the CITY 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 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 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, 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 .tbis..Agreement as of tbe_effecthce_date oLtbe_proposed_reduction_upon-the-provision-of_aduance-written-notice-to.CI-T-Y. ----- PAYMENT TERMS: Net 30 payment terms shall apply to all invoices billed to the City of Omaha. Payment of invoice amount will occur within 30 days following receipt of invoice or receipt of goods/services,whichever is later. SIGN ALL COPIES Firm DP(-, r+-v\ma's - ' es , MIA L'„ By ko>1 C(L i 2 2 Title D��kr:c A' Sale,S M• .e.r- • CONTINUATION SHEET T. H. DOUGLAS COUNTY REQUEST FOR BID • ON: CITY OF OMAHA-Sodium Hydroxide (Bulk Shipments) NOT AN ORDER Page 3 BID CLAUSES-TERMS AND CONDITIONS Equal Employment Opportunity: In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1122,the Contractor agrees that neither it nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of this Agreement, with respect to hire,tenure, terms, conditions, or privileges of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant. _ New Employee Work Eligibility Status(Neb. Rev. Stat. §4-108-114) The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us. 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE)Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. • SIGN ALL COPIES Firm re- .r J$Sy re'd'-` • Title 'iyisd-- SaIeS t\-4 . CONTINUATION SHEET T.H. • Responsible Contractor Compliance Form RC-1 � {AH p� A�y�,bg 'irY1'�4nfy 14, Regulation: 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 unsieued RC-1 form will mnke your bid mill and void, 2. Filing this Report(please initial in the boxes below): Contractor agrees that Contractor will not knowingly employ or hire en employee not lawfully ria authorized to perfortn employment in the United States and that the Contractor and all sub- -ntractors shall use E-Verify to determine work eligibility. Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of E toyee law(Neb.Rev.Stat.Section 48-2901 et seq.). �f<ISl Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards w(Neb.Rev.Stat.Section 73-104 et seq,). Contractor has not been convicted of any tax violations(local,State and Federal)within the lest thr years from the data this bid is submitted. i\reiz •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 S:' ty and Health Act(OSHA)or been convicted of 3(three)separate"serious"OSHA violations within the past three(3)years. Nei Contractor agre to make a good frith effort to ensure all subcontractors employed on this project comply with t rovisio s of the Responsible Contractor Compliance Form RC-1. William E.Ingram, FO,1WC Industries,Inn 6-4-18 Signature Date By signing,1 verify on behalf of the Contractor that the infbnuation above is true and correct. Filing false information carries a penalty ofup to a$500 fine or six months in Jail. In addition,the contractor and sub- contractors can be subject to ituuudiate disqualification and prohibited Item any fhture City of Omaha contract for a period of 10 years, Spill Control Requirements For Chemical Delivery by Truck To the Omaha Water Resource Recovery Facilities The purpose of the following requirements is to control chemical spills from delivery vehicles that could possibly flow through the plant storm water system into a receiving stream. The City of Omaha is required by its NPDES (National Pollutant Discharge -Elimination—System) permit to prevent such spills. The spill control material (spill material) referred to below is designed to contain and absorb chemical spills such as sodium hydroxide, sodium hypochlorite, sodium bisulfate, and ferric chloride. A) The driver for the contractor is required to stay with the vehicle during any time that off-loading is occurring. This is to ensure that any spills are caught as soon as possible. B) The City of Omaha and the contractor will review each delivery site at the plant to agree upon a method of off-loading spill control. C) The proper spill material has been obtained by the City of Omaha and has been placed at each off-loading site. D) The contractor personnel will be responsible for inspecting the spill material at each site before off-loading can begin for each load. If spill material is missing from a site, the contractor personnel must contact the City of Omaha for replacement spill material before off-loading. E) The contractor is responsible for training their employees in proper use of the spill material. F) The contractor will be responsible for the disposal of any spill material used for a spill from their vehicles, off-loading hoses,or any other part of their equipment. G) The contractor is responsible for reimbursing the City of Omaha for the cost of replacing spill material that is used to control a spill from their vehicle or equipment. Page 1 of 1 DPC INDUSTRIES, INC. 11202 5. 25th St. Omaha, Nebraska 68123-5019 (402) 293-1 185 Fax(402)293-9647 June 6,2018 As a cost reduction measure suggestion for Sodium Hydroxide 50%,the current Bid is for deliveries of 2500 gallons, if the storage tank could be increased to the capacity of a full truckload,the cost per gallon could decrease. The cost of delivery remains constant whether 1 gallon or a full load are delivered. - Approximate full loads are between 3300,and 3700•gallons. Univar USA Inc. id ta 8201 S.212th Kent,WA 98032-1994 USA u n l AR T 253-872-5000 • v F 253-572-5041 www.univarusa.com May 29,2018 • City of Omaha City Clerk 1819 Farnam Street LC-1 Omaha-Douglas Civic Drive Omaha,NE 68183-0902 RE: City of Omaha—Sodium Hydroxide 50%(bulk shipments) Dear To Whom It May Concern; • Univar USA Inc. is in receipt of the above IFB due Wednesday,June 6,2018 at 11:00AM. Unfortunately,we are unable to bid on your requirements at this time. Attached is our contact information, including fax number and e-mail addresses. We have also included a self-address, stamped envelope. If any bid tabulations/results are sent out—please use this information for us, and whichever method you prefer. Please keep us on your bidder/vendor mailing list as we look forward to bidding on any future chemical requirements you may have. Thank you, Rate}f o'Uday Municipal Specialist WesttFn Region Univar USA Inc. muniteam@univarusa.com www.univar.com Please Note: Seller shall indemnify Buyer for losses to the extent caused by Seller's negligence or breach of contract. Neither party is liable for incidental or consequential damages. Seller's liability is limited to the purchase price of the goods. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Please Note: Where applicable,any State,Federal or other appropriate taxes and/or the California Mill Assessment will appear as separate line items on any invoices from Univar.If Univar's offer(pricing)was inclusive of these charges—they will be backed out of the"product"line item and shown as their own line item(s)at the time of billing Uniiar IJS4 lnc' °30:02.F Street OOmaha E w 7=402-0142 6: V n iv `R F 3144522-8-1`22 www.univar.com GENERAL INFORMATION Regular Office Hours during which orders may be placed: Monday F:riday. i 7`30 a ;. OO pm;('C;ST) In case of an emergency during non-business hours: For Non-Chemical Emergencies: After-hours emergency pager—24-hour response: Jeff Flakus cell 402-658-8726 For Chemical Related Emergencies: ChemTrec: (800)424-9300 Names, telephone/FAX numbers of those responsible for taking orders and initiating delivery: Office Phone: 314-522-6400 Office Fax: 314-522-8112 .CtifStiVo4niahgaITRVa7c44 For anything pertaining to bids: Please send all bid packets/documents to: Univar USA Inc. (Unless otherwise specified) Attn: WER Muni Team 8201`"S-212th`St. Kent,WA 98032 Contacts: muniteam-west(a univarusa.com Jennifer Perras Roise Holiday Stacy Ziegler Municipal Specialist Municipal Specialist Municipal Specialist Phone: (253)872-5000 (253)872-5000 (253)872-5000 Fax: (253)872-5041 (253)872-5041 (253)872-5041 Jennifer.perrasaunivar.com Roise.Holiday@univar.com Stacy.ziecjler@univar.com Shawnasey McCarthy Municipal Business Manager (253)872-5000 (253) 872-5041 Shawnasev.mccarthv@univar.com NO. 1)5 Item Submitted By: Heather Tippey Pierce Department: Public Works Council Meeting Date: August 7, 2018 Res. that, as recommended by the Mayor, the purchase order to Brenntag Great Lakes, LLC in the amount of $90,300.00 for Sodium Hydroxide (Bulk Shipments) which will be utilized at the Missouri River Water Resource Recovery Facility, is hereby approved. (The Finance Department is authorized to pay the cost of this purchase in the amount of $90,300.00 from the Sewer Revenue Fund 21121, Missouri River Wastewater Treatment Plant Organization 116612, year 2018 expenditures.) tiM Presented to City Council August 7, 2018 APPROVED 7-0 eltzabeth &itler City Clerk