Sanitary Sewer Chemical Root Control Services

INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 City of Stillwater, Stillwater Utilities Authority Oklahoma NOTICE is hereby given that the CITY OF STILLWATER, OKLAHOMA will receive sealed Bids for the following: BID: SUA #05-22/23 DESCRIPTION Sanitary Sewer Chemical Root Control Services You are invited to submit a Bid to supply the Goods and/or Services specified above. Invitations for Bid will be posted on the Citys website at http://www.stillwater.org/rfp or a hardcopy may be obtained at: City of Stillwater City Clerk 723 S. Lewis St. Stillwater, OK 74074 Bids must be received no later than 3:00 PM (CST) on Wednesday, July 20, 2022 and delivered to: City Clerks Office 723 S. Lewis St. Stillwater, OK 74074 Bids must be securely SEALED in a catalog envelope (i.e., 9 x 12 manila or white mailing envelope) and either mailed or delivered. No faxed

or emailed Bids will be considered. Bids received after the stated date and time will not be accepted and will be returned to the Bidder unopened. Any bid received by the City Clerk more than ninety-six (96) hours, excluding Saturdays, Sundays and holidays, before the time set for the opening of bids, or any bid so received after the time set for opening of bids, shall not be considered and shall be returned unopened to the bidder submitting same. The Bid Packet consists of (1) this Notice of Invitation for Bid; (2) the Summary Sheet; (3) Form #1; (4) Form #2 (Proposed Agreement); (5) Form #3; (6) Form #4; (7) Form #5; (8) Form #6; (9) Form #7; (10) Instructions, Terms & Conditions for Bidders; (11) Special Requirements; (12) Technical Specifications; and (13) Exhibit A: Bid Form. Use this Checklist to ensure you have read all forms and completed all yellow pages and forms that must be returned. Notice of Invitation for Bid Summary Sheet Form #1: Bidder Information Sheet (Must be completed and returned) Form #2: Proposed Agreement & Bond Forms (Original(s) to be signed after bid award) Form #3: Interest Affidavit (Original signature & notarization required for return) Form #4: Non-Collusion Affidavit (Original signature & notarization required for return) Form #5: Affidavit of Claimant (Original signature & notarization required for return) Form #6: Acknowledgement of Receipt of Addenda/Amendments (Must be completed, signed and returned) Form #7: Business Relationship Affidavit (Original signature & notarization required for return) Instructions, Terms & Conditions for Bidder Special Requirements (Offer Period; Insurance & Bonding; References) Technical Specifications Exhibit A: Bid Form (This is your bid. It must be completed and returned or your Bid will be rejected.) IMPORTANT NOTE: Write the Bid Number, Bid Description, and Bid Opening Date (as listed above) on the lower left corner of the outside of your Bid envelope. You must return the entire completed Bid Packet as set forth above. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM SS SUMMARY SHEET FORM SS SUMMARY SHEET Procurement Manager If you have questions or need additional information, contact the Procurement Manager: John McClenny john.mcclenny@stillwater.org Please include SUA #05-22/23 on the subject line Bidders are encouraged to contact the Procurement Manager by email if there is anything in these specifications that prevents you from submitting a Bid, or completing the Bid Packet. Questions or concerns must be received no later than seven (7) days prior to the Bid Packet due date. Issuing of Addenda If you received the Notice of this Invitation for Bid from the City as a result of being registered with the City, you should also receive notice of any addenda issued. Addenda will be posted on the Citys bid page (www.stillwater.org). Pre-Bid Conference If a Pre-Bid Conference will be held for this Invitation for Bid, information on that conference will be inserted below. Date: Time: Location: ____ ______ ___________ Attendance at the Pre-Bid Conference is REQUIRED to submit a Bid Attendance is NOT REQUIRED to submit a Bid. Bid Packet Submission The City requires three (3) completed Bid Packets. (1 Original and 2 copies) Each must be clearly labeled on the front sheet indicating Original or Copy. If a copy on electronic media is also required, the box below will be checked. Electronic Copy also REQUIRED Responses to this Invitation for Bid must be made on the Forms and documents listed on Page 1. The entire Bid Packet must be returned or your Bid may be rejected. Do not take exception to any portion of this Bid Packet. Do not make any entries except where required. Do not insert any other documents into the Bid Packet. Bid Packet Submission All Bid Openings are public and take place at 3:00 PM Wednesday. The Bid Openings are held in the City of Stillwater, Meeting Room 1112B, 723 S. Lewis St., Stillwater, Oklahoma, 74074. The City of Silluater mailto:john.mcclenny@stillwater.org http://www.stillwater.org/ INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #1 BIDDER INFORMATION SHEET FORM #1 FORM #1 BIDDER INFORMATION SHEET Bidders Exact Legal Name: (Must be Bidders company name as reflected on its organizational documents, filed with the state in which bidder is organized; not simply a DBA) State of Organization: Bidders Type of Legal Entity: (check one) Sole Proprietorship Partnership Corporation Limited Partnership Limited Liability Company Limited Liability Partnership Other: Bidders Address: Street City State Zip Code Website Address: Email Address: Sales Contact: Name: Street: City: State: Phone: Fax: Email: Legal or Alternate Contact: Name: Street: City: State: Phone: Fax: Email: The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #2 PURCHASE AGREEMENT FORM #2 FORM #2 PURCHASE AGREEMENT [7 Pages] This PURCHASE AGREEMENT is between the CITY OF STILLWATER, a municipal corporation, located at 723 S. Lewis / P.O. Box 1449, Stillwater, Oklahoma 74076 (Stillwater), and: ____________________________________________________________________________________ (Bidders company name as reflected on its organizational documents, filed with the state in which bidder is organized; not simply a DBA) (the Seller). WITNESSETH: WHEREAS, Stillwater has approved certain specifications and advertised for or solicited Bids on the following goods or services: Sanitary Sewer Chemical Root Control Services Bid: SUA #05-22/23 (the Goods and/or Services); and WHEREAS, Seller desires to provide such Goods and/or Services to Stillwater, acknowledges that this document constitutes Sellers offer to provide the Goods and/or Services specified below, and further acknowledges that if executed by the Citys Mayor, this document will become the Purchase Agreement for such Goods and/or Services. NOW THEREFORE, for and in consideration of the terms, covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. DOCUMENTS COMPRISING THE AGREEMENT. The Bid Packet includes the Notice of Invitation for Bid; Summary Sheet; Form #1 Bidder Information Sheet; Form #2 Purchase Agreement; Form #3 Interest Affidavit; Form #4 Non-Collusion Affidavit; Form #5 Affidavit of Claimant; Form #6 Acknowledgement of Receipt of Addenda/Amendments; Form #7 Business Relationship Affidavit; Instructions, Terms & Conditions for Bidders; Special Requirements; Technical Specifications; Exhibit A - Bid Form; and any addenda or amendments to the Bid Packet. The Bid Packet is incorporated herein by this reference. In the event of conflicting or ambiguous language between this Purchase Agreement and any of the Bid Packet documents, the parties shall be governed first according to this Purchase Agreement and second according to the remainder of the documents included in the Bid Packet. 2. PURCHASE AND SALE. Seller agrees to sell Stillwater the Goods and/or Services for the price and upon the delivery terms set forth in Exhibit A hereto. Stillwater agrees to pay Seller the price set forth in Exhibit A based on (a) the quantity actually purchased in the case of goods or services priced by unit, or (b) the total price for a stated quantity of goods or services, upon (I) delivery of the Goods and/or Services to Stillwater, (ii) the Stillwaters INSTRUCTIONS: This document must be properly signed and returned or your Bid will be rejected. This form constitutes your offer and if accepted by the City of Stillwater will constitute the Purchase Agreement under which you are obligated to perform. Your signature on this document indicates you have read and understand these terms and agree to be bound by them. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #2 PURCHASE AGREEMENT FORM #2 acceptance thereof, and (iii) Sellers submission and Stillwaters approval of a verified claim of the amount due. Stillwater shall not pay any late charges or fees. 3. APPROXIMATE QUANTITIES. Stillwater does not guarantee a specific quantity. On all items which bids are to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the Seller. Payment on the unit price items will be based on the actual number of units ordered after award. 4. IRREVOCABLE OFFER. Seller understands and acknowledges that its signature on this Agreement constitutes an irrevocable offer to provide the Goods and/or Services. There is no contract unless the Stillwaters Mayor executes this Agreement accepting Sellers Bid. No Stillwater officer, employee or agent except the Mayor has the authority to award contracts or legally obligate the Stillwater to any contract. Seller shall not provide any Goods and/or Services to Stillwater pursuant to this Agreement before this Agreement is executed by Stillwater. If Seller provides any Goods and/or Services to Stillwater before this Agreement is executed by Stillwater, such Goods and/or Services are provided at Sellers risk and Stillwater shall have no obligation to pay for any such Goods and/or Services. 5. TERM. The term of this Agreement shall be effective commencing on the date of execution of this Agreement by the Mayor and terminating one year from that date. Stillwater in its sole discretion may offer Seller an opportunity to renew this Agreement for three (3) additional one (1) year terms. Seller understands and acknowledges that any future contracts or renewals are neither automatic nor implied by this Agreement. The continuing purchase by Stillwater of the Goods and/or Services set forth in this Agreement is subject to Stillwaters needs and to Stillwaters annual appropriation of sufficient funds in Stillwaters fiscal year (July 1st to July 7th) in which such Goods and/or Services is purchased. In the event Stillwater does not appropriate or budget sufficient finds to perform this Agreement, this Agreement shall be null and void without further action by Stillwater. 6. WARRANTIES. Seller shall assure that the Goods and/or Services purchased hereunder are covered by all available and applicable manufacturers warranties for such Goods and/or Services. Seller expressly agrees that it will be responsible for performing all warranty obligations set forth in the Technical Specifications for the Goods and/or Services covered in this Agreement. Seller also warrants that the Goods and/or Services will conform to the Technical Specifications and Special Requirements, and further warrants that that Goods and/or Services shall be of good materials and workmanship and free from defects for either a minimum of one (1) year from the date of Acceptance or installation by Stillwater, whichever is later, or as specified in the Technical Specifications, whichever is later. In no event shall Seller be allowed to disclaim or otherwise limit the express warranties set forth herein. 7. WARRANTY REMEDIES. Stillwater shall notify Seller if any Goods and/or Services fail to meet the warranties set forth above, and Seller shall promptly correct, repair or replace such Goods and/or Services at Sellers sole expense. Notwithstanding the foregoing, if such Good and/or Services shall be determined by Stillwater to be defective or non-conforming within the first thirty (30) days after the date of Acceptance by Stillwater, then Stillwater at its option shall be entitled to a complete refund of the purchase price and, in the case of Goods shall promptly return such Goods to Seller. Seller shall pay all expenses related to the return of such Goods to Seller. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #2 PURCHASE AGREEMENT FORM #2 8. SELLER BEARS RISK. The risk of loss or damage shall be borne by the Seller at all times until the Acceptance of the Goods or Services by Stillwater. 9. NO INDEMNIFICATION BY CITY. Contractor understands and acknowledges that Stillwater is a municipal corporation that is funded by its taxpayers to operate for the benefit of its citizens. Accordingly, and pursuant to Oklahoma law, Stillwater shall not indemnify nor hold Seller harmless for loss, damage, expense or liability arising from or related to this Agreement, including any attorneys fees and costs. In addition, Seller shall not limit its liability to Stillwater for actual loss or direct damages for any claim based on a material breach of this Agreement and the documents incorporated herein. Stillwater reserves the right to pursue all legal and equitable remedies to which it may be entitled. 10. INDEMNIFICATION BY SELLER. Seller agrees to save Stillwater and their authorized representatives harmless from any and all costs, liabilities, expenses, suits, judgments and damages to persons or property to the proportionate extent caused by the Seller, its agents, employees or subcontractors and resulting from negligent acts, errors, mistakes or omissions from Seller in connection with the Goods and/or Services to be provided or performed hereunder. Seller agrees to indemnify, defend, and save harmless Stillwater and its officers, employees and agents from all suits and actions of any nature brought against them due to the use of patented appliances, products or processes provided by Seller hereunder. Seller shall pay all royalties and charges incident to such patents. 11. NO INSURANCE BY CITY OF STILLWATER. If Stillwater is leasing Goods herein, Stillwater shall not be required to obtain insurance for Sellers property. Seller shall be solely responsible for any insurance it deems necessary. Stillwater is self-insured for its own negligence, subject to the limits of the Governmental Tort Claims Act (51 O.S. 151 et seq.). 12. NO CONFIDENTIALITY. Seller understands and acknowledges that Stillwater is subject to the Oklahoma Open Records Act (51 O.S. 24A.1 et seq.) and therefore cannot assure the confidentiality of contract terms or other information provided by Seller pursuant to this Agreement that would be inconsistent with its compliance with the statutory requirements thereunder. 13. NON-RESPONSIVE BIDS. Seller understands and acknowledges that if it adds terms and conditions to its Bid that are different from the terms set forth herein that its Bid may be rejected as non-responsive. Furthermore, if Stillwater accepts Sellers Bid and awards a contract to Seller based on such Bid, Stillwater shall not be bound to any exceptions, changes, or additions made by Seller, and any terms and conditions added by Seller which are not expressly agreed to by Stillwater in writing will be void and of no force and effect. 14. COMPLIANCE WITH LAWS. Seller shall be responsible for complying with all applicable federal, state and local laws, regulations, and standards. Seller is responsible for any costs of such compliance. Seller certifies that it and all of its subcontractors to be used in the performance of this Purchase Agreement are in compliance with 25 O.S. 1313 and participate in the Status Verification System. The Status Verification System is defined in 25 O.S. 1312 and includes but is not limited to the free Employee Verification Program (E-Verify) available at www.dhs.gov/E-Verify. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #2 PURCHASE AGREEMENT FORM #2 15. TERMINATION. Stillwater, by written notice, may terminate this Agreement, in whole or in part, when such action is in the best interest of the Stillwater. If this Agreement is so terminated, Stillwater shall be liable only for payment for Goods accepted and Services rendered prior to the effective date of termination. Stillwaters right to terminate this Agreement is cumulative to any other rights and remedies provided by law or by this Agreement. 16. PRICE CHANGES. The parties understand and agree that the variables in Sellers cost of performance may fluctuate, but any change in Sellers cost of performance will not alter its obligations under this Agreement, nor excuse performance or delay on Sellers part. Seller is bound by prices submitted on its Bid Form. 17. RIGHT TO AUDIT. The parties agree that Sellers books, records, documents, accounting procedures, practices, price lists or any other items related to the Goods and/or Services provided hereunder are subject to inspection, examination, and copying by Stillwater or its designees. Seller is required to retain all records related to this Agreement for the duration of this Agreement and for a period of three years following completion and/or termination of this Agreement. If an audit, litigation or other action involving such records begins before the end of the three year period, the records shall be maintained for three years after the date that all issues arising out of the action are resolved or until the end of the three year retention period, whichever is later. 18. NOTICE. Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or depositing in the Unites State mail, postage prepaid, to the addresses specified below. i. To Seller: ____________________________________________ ____________________________________________ ____________________________________________ ii. To Stillwater: City Clerk City of Stillwater 723 S. Lewis / P.O. Box 1449 Stillwater, OK 74076-1449 19. RELATIONSHIP OF PARTIES. The Seller is, and shall remain at all times, an independent contractor with respect to activities and conduct while engaged in the performance of services for the Stillwater under this Agreement. No employees, subcontractors or agents of the Seller shall be deemed to be employees of the Stillwater for any purpose whatsoever, and none shall be eligible to participate in any benefit program provided by the Stillwater for its employees. The Seller shall be solely liable for the payment of all employee wages and salaries, taxes, withholding payments, fringe benefits, insurance premiums, continuing education courses, materials or related expenses on behalf of its employees, subcontractors, and agents. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship among the parties. No party shall have the right, power or authority to act as a legal representative of another party, and no party shall have any power to obligate or bind another party, or to make representations, express or implied, on behalf of or in the name of the other in any manner or for any purpose whatsoever. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #2 PURCHASE AGREEMENT FORM #2 20. THIRD PARTIES. This Agreement is between Stillwater and Seller and creates no right unto or duties to any other person. No person is or shall be deemed a third party beneficiary of this Agreement. 21. TIME OF ESSENCE. Stillwater and Seller agree that time is deemed to be of the essence with respect to this Agreement. 22. BINDING EFFECT. This Agreement shall be binding upon Stillwater and Seller and their respective successors, heirs, legal representatives and permitted assigns. 23. HEADINGS. The headings used herein are for convenience only and shall not be used in interpreting this Agreement. 24. SEVERABILITY PROVISIONS. If any term or provision herein is determined to be illegal or unenforceable, the remainder of this Agreement will not be affected thereby. It is the intention of the parties that if any provision is held to be illegal, invalid or unenforceable, there will be added in lieu thereof a provision as similar in terms to such provision as is possible to be legal, valid and enforceable. 25. GOVERNING LAW AND VENUE. This Agreement is executed in and shall be governed by and construed in accordance with the laws of the State of Oklahoma without regard to its choice of law principals, which shall be the forum for any lawsuits arising under this Agreement or incident thereto. The parties stipulate that venue is proper in a court of competent jurisdiction in Payne County, Oklahoma and each party waives any objection to such venue. Stillwater does not and will not agree to binding arbitration of any disputes. 26. NO WAIVER. A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other provision, nor shall any failure to enforce any provision hereof operate as a waiver of the enforcement of such provision or any other provision. 27. ENTIRE AGREEMENT / NO ASSIGNMENT. This Agreement and any documents incorporated herein constitute the entire agreement of the parties and supersede any and all prior agreements, oral or otherwise. This Agreement may only be modified or amended in a writing signed by both parties. Notwithstanding anything to the contrary stated herein or in the attachments to this Agreement, no future agreements, revisions or modifications that may be required under this Agreement are effective or enforceable unless such terms, revisions or modifications have been reduced to writing and signed by Stillwater and Seller. Seller may not assign this Agreement or use subcontractors to provide the Goods and/or Services without Stillwaters prior written consent. Seller shall not be entitled to any claim for extras of any kind or nature. 28. MULTIPLE COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. 29. INTERPRETIVE MATTERS AND DEFINITIONS. The following interpretive matters shall be applicable to this Agreement: The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #2 PURCHASE AGREEMENT FORM #2 i. Unless the context otherwise requires: (a) All references to Sections are to Sections of this Agreement; (b) Each term defined in this Agreement has the meaning assigned to it; (c) Or is disjunctive but not necessarily exclusive; (d) Words in a singular include the plural and vice versa. (e) All references to $ or to dollar amounts shall be in lawful currency of the United States of America; ii. No provision of this Agreement will be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which such party or its counsel participated in the drafting thereof of by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof; iii. Any reference to any applicable laws shall be deemed to refer to all rules and regulations promulgated thereunder and judicial interpretations thereof, unless the context requires otherwise; iv. The word including means including, without limitation and does not limit the preceding words or terms; v. All words used in this Agreement shall be construed to be of such gender, number or tense as circumstances require. 30. EQUAL EMPLOYMENT OPPORTUNITY. Each bidder agrees to comply with all applicable laws regarding equal employment opportunity and nondiscrimination. 31. AUTHORITY TO BIND. The undersigned individual states that s/he has the authority to bind Seller to this Agreement, that s/he has read and understands the terms of this Agreement, and that Seller agrees to be bound by this Agreement and its incorporated documents. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #2 PURCHASE AGREEMENT FORM #2 IN WITNESS WHEREOF, this Agreement has been executed in multiple copies on the dates set forth below to be effective during the period recited above. Seller Company Name: Sign Here ATTEST: Printed Name: Title: Corporate Secretary Date: Company Name/Address [Please Print] Address City State Zip Code ( ) - ( ) - Telephone Number Fax Number Email Address CITY OF STILLWATER, OKLAHOMA, A municipal corporation, ATTEST: By: Mayor Date: City Clerk APPROVED: City Attorney IMPORTANT NOTE: This document must be signed by the proper person as set forth in Purchase Agreement, Paragraph 31. FAILURE TO SUBMIT PROPERLY AUTHORIZED SIGNATURE MAY RESULT IN YOUR BID BEING REJECTED AS NONRESPONSIVE. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That on this _____ day of _________________________________, 20___, we______________________________________________________, as Principal, and __________________________________________________, as Surety, a corporation authorized under the laws of the State of ________________ and authorized to transact business in the State of Oklahoma, are held and firmly bound unto the City of Stillwater, Oklahoma, a municipal corporation established under the constitution and laws of the State of Oklahoma, in the penal sum of _________________________________dollars ($___________) in lawful money of the United States of America, such sum being equal to one hundred percent (100%) of the contract price as set forth herein, well and truly to be made, we bind ourselves and each of us, our heirs, executors, administrators, trustees, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said Principal has entered into a written contract with the City of Stillwater for the construction of BID: SUA #05-22/23 Sanitary Sewer Chemical Root Control Services said project being specifically titled reference to which is made here, and said contract, plans, specifications and all attachments or appendices thereto, are hereby incorporated by reference thereto and made a part of this instrument. If said Principal shall fully and faithfully execute the work and perform said contract in full accordance with its terms, conditions and covenants of said contract plans, specifications and all attachments or appendices thereto, this obligation shall become null and void; otherwise, it shall remain in full force and effect. Surety hereby waives notice of any alteration or extension of time made by the City of Stillwater. Whenever Contractor shall be, and declared by the City of Stillwater to be in default under the contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the contract in strict accordance with its terms and conditions, and upon determination by Surety, of the lowest responsible bidder, or, if the City of Stillwater elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City of Stillwater to Contractor under the contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City of Stillwater named herein or the heirs, executors, administrators or successors of the City. It is further expressly agreed and understood by the parties hereto that no changes or alterations to said contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing the Surety, or any of them, from the obligations of this bond. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its duly authorized officers, and the said Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its attorney-in-fact, duly authorized so to do, the day and year first above written. PRINCIPAL ATTEST: ___________________________________ (name) ________________________________ ___________________________________ Secretary (authorized representative/title) SURETY ___________________________________ (name) ___________________________________ Attorney-in-Fact The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #3 INTEREST AFFIDAVIT FORM #3 FORM #3 INTEREST AFFIDAVIT STATE OF ________________________) ) ss. COUNTY OF ______________________) I, _____________________________, of lawful age, being first duly sworn, state that I am the agent authorized by Seller to submit the attached Bid. Affiant further states that no officer or employee of the City of Stillwater either directly or indirectly owns a five percent (5%) interest or more in the Bidders business or such a percentage that constitutes a controlling interest. Affiant further states that the following officer and/or employees of the City of Stillwater own an interest in the Bidders business which is less than a controlling interest, either direct or indirect. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ By: Signature Printed Name: Title: Subscribed and sworn to before me this _______ day of ________________, 20_____. Notary Public My Commission Expires: Notary Commission Number: County & State where Notarized: The Affidavit must be signed by an authorized agent and notarized The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM # 4 NON-COLLUSION AFFIDAVIT FORM #4 FORM #4 NON-COLLUSION AFFIDAVIT (Required by Oklahoma Competitive Bidding Act, 61 O.S. 138) STATE OF ________________________) )ss. COUNTY OF ______________________) I, ________________________________, of lawful age, being first duly sworn, state that: (Sellers Authorized Agent) 1. I am the authorized agent of Seller herein for the purpose of certifying facts pertaining to the existence of collusion among and between Bidders and municipal officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the Bid to which this statement is attached. 2. I am fully aware of the facts and circumstances surrounding the making of the Bid to which this statement relates, and I have been personally and directly involved in the proceedings leading to the submission of such Bid; and 3. Neither the Seller nor anyone subject to the Sellers direction or control has been a party: a. to any collusion among Bidders in the restraint of freedom of competition by agreement to Bid or contract at a fixed price or to refrain from bidding or contracting, b. to any collusion with any municipal official or employee as to quantity, quality, or price in the prospective contract, or as to any other terms of such prospective contract, nor c. in any discussions between Bidders and any municipal official concerning exchange of money or other thing of value for special consideration in the letting of a contract, I certify, if awarded the contract, whether competitively bid or not, neither the business entity I represent nor anyone subject to the business entitys direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of the City of Stillwater any money or other thing of value, either directly or indirectly, in procuring the contract to which this statement relates. By: Signature Printed Name: Title: Subscribed and sworn to before me this _______ day of ________________, 20_____. Notary Public My Commission Expires: Notary Commission Number: County & State where Notarized: The Affidavit must be signed by an authorized agent and notarized The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM # 5 AFFIDAVIT OF CLAIMANT FORM #5 FORM #5 AFFIDAVIT OF CLAIMANT STATE OF ________________________) )ss. COUNTY OF ______________________) The undersigned person, of lawful age, being first duly sworn on oath, says that all invoices to be submitted pursuant to this agreement with the City of Stillwater will be true and correct. Affiant further states that the work, services or material furnished will be completed or supplied in accordance with the plans, specifications, orders, requests, and/or contract furnished or executed by the affiant. Affiant further states that (s)he has made no payment directly or indirectly to any elected official, officer, or employee of the City of Stillwater or any public trust where the City of Stillwater is a beneficiary, of money or any other thing of value to obtain payment of the invoice of procure the contract or purchase order pursuant to which an invoice is submitted. Affiant further certifies that (s)he has complied with all applicable laws regarding equal employment opportunity. Company: Remit to Address: City/State/Zip: Print Name: Signature: Title: Subscribed and sworn to before me this _______ day of ________________, 20_____. Notary Public My Commission Expires: Notary Commission Number: County & State where Notarized: The Affidavit must be signed by an authorized agent and notarized The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM # 6 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA/AMENDMENTS FORM #6 FORM #6 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA/AMENDMENTS I hereby acknowledge receipt of the following addenda or amendments, and understand that such addenda or amendments are incorporated into the Bid Packet and will become a part of any resulting contract. List Date and Title/Number of all addenda or amendments: (Write None if applicable) Sign Here Printed Name: Title: Date: The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM #7 BUSINESS RELATIONSHIP AFFIDAVIT FORM #7 FORM #7 BUSINESS RELATIONSHIP AFFIDAVIT (Required by Oklahoma Competitive Bidding Act, 61 O.S. 108) I, ___________________________________, of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the nature of any partnership, joint venture, or other business relationship presently in effect or which existed within one (1) year prior to the date of this statement with the architect, engineer, or other party to the project is as follows: ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Affiant further states that any such business relationship presently in effect or which existed within one (1) year prior to the date of this statement between any officer or director of the bidding company and any officer or director of the architectural or engineering firm or other party to the project is as follows: _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Affiant further states that the names of all persons having any such business relationships and the positions they hold with their respective companies or firms are as follows: _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ (If none of the business relationships hereinabove mentioned exist, affiant should so state.) By: Signature Printed Name: Title: Subscribed and sworn to before me this _______ day of ________________, 20_____. Notary Public My Commission Expires: Notary Commission Number: County & State where Notarized: The Affidavit must be signed by an authorized agent and notarized The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM-TC TERMS & CONDITIONS FORM TC FORM #TC INSTRUCTIONS, TERMS & CONDITIONS FOR BIDDERS 1. PURCHASING AUTHORITY. City issues this Invitation for Bid pursuant to Stillwater City Charter, Art. IV, 4-1 and Stillwater City Code, Ch. 2, Art. VI, 2-608, the provisions of which are incorporated herein. 2. DEFINITIONS. The following terms have the following meanings when used in the documents comprising this Bid Packet. a. Acceptance with respect to a Bid shall mean Stillwaters selection of a Bid and award of a contract to the Bidder/Contractor. b. Acceptance with respect to delivery of Goods and/or Services provided for under a Purchase Agreement shall mean Stillwaters written acknowledgement that Contractor has satisfactorily provided such Goods and/or Services as required. c. Addenda Addendum or Amendment(s) shall mean a calcification, revision, addition, or deletion to this Invitation for Bid by the City of Stillwater which shall become a part of the agreement between the parties. d. Authorized Agent means an agent who is legally authorized to bind the Bidder/Contractor under the law of the State in which Bidder/Contractor is legally organized. An Authorized Agent must sign all documents in the Bid Packet on behalf of the Bidder. Under Oklahoma law, the Authorized Agent for each of the following types of entities is as stated below: i. Corporations the president, vice president, board chair, or board vice chair can sign; others can sign if they have and provide to the City (i) a corporate resolution giving them authority to bind the Contractor; and (ii) a recent corporate secretarys certificate indicating the authority is still valid. ii. General Partnerships any partner can sign to bind all partners. iii. Limited Partnerships the general partner must sign. iv. Individuals no additional authorization is required, but signatures must be notarized. v. Sole Proprietorship the owner can sign. Any other person can sign if (s)he provides a recent Power of Attorney, signed by the owner, authorizing him/her to bind the sole proprietorship. vi. Limited Liability Company (LLC) The manager as named in the Operating Agreement can sign. Any person authorized by the Operating Agreement or a member can sign providing the person submits a copy of the authorization with a certificate of members indicating the authorization is still valid. e. Entities organized in states other than Oklahoma must follow the law of the State in which they are organized. f. Bid means the Bidders irrevocable offer to provide the requested Goods and/or Services set forth in Exhibit A and any additional materials or information the Bidder chooses to submit to support the Bid. g. Bidder means the legal entity which submits a Bid for consideration by the City of Stillwater in accordance with the Invitation for Bid. h. Bid Packet consists of the following documents (1) Notice of Invitation for Bid; (2) Summary Sheet; (3) Form #1; (4) Proposed Agreement Form #2; (5) Form #3; (6) Form #4; (7) Form #5; (8) Form #6; (9) Form The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM-TC TERMS & CONDITIONS FORM TC #7; (10) Instructions, Terms & Conditions for Bidders; (11) Special Requirements; (12) Technical Specifications; and (13) Exhibit A Bid Form. i. Bid Submission Date shall mean the last date by which the City of Stillwater will accept Bids under an Invitation for Bid. j. City shall mean the City of Stillwater, Oklahoma. k. Contractor shall mean the Bidder whose Bid the City of Stillwater selected and awarded a contract. l. Days shall mean calendar days unless specified otherwise. m. Primary Contractor shall mean the Contractor whose Bid the City of Stillwater selected as the principal supplier of the Goods and/or Services required under this Agreement. n. Procurement Manager/Project Manager shall mean the Citys employee assigned by the City of Stillwater to serve as the contact person for Bidders/Contractors responding to Invitations for Bid or completing contracts herein. o. Purchasing Division or City Clerks Office shall mean the City of Stillwater City Clerk, 723 S. Lewis St., Stillwater, Oklahoma, 74076. p. Secondary Contractor shall mean the Contractor whose Bid the City of Stillwater selected as a back- up supplier in the event that the Primary Contractor is unable to provide all the Goods and/or Services required. q. "Unit Price" shall mean an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. r. You or Your shall mean the Bidder responding to this Invitation for Bid or the Contractor whose Bid the City of Stillwater selected and awarded a contract. s. Website shall mean the City of Stillwaters website: www.stillwater.org 3. QUESTIONS REGARDING INVITATION FOR BID. Questions regarding any portion of this Invitation for Bid must be submitted in writing (sent by mail or email) to the Procurement Manager indicated on the Summary Sheet herein. You should submit questions as early as possible and preferably before the Pre-Bid Conference, if required. Questions and concerns must be received no later than seven (7) days prior to the Bid Packet due date. Any oral responses to questions before the contract is awarded are not binding on the City of Stillwater. At the Citys discretion, any information or clarification made to you may be communicated to other Bidders that notified the City of their intent to Bid if appropriate to ensure fairness in the process for all Bidders. You must not discuss questions regarding the Invitation for Bid with anyone other than the Procurement Manager or City Clerk or your Bid may be disqualified, any contract recommendation or Acceptance may be rescinded, or any contract may be terminated and delivered Goods returned at your expense and any payments made refunded. 4. ORAL STATEMENTS. No oral statements by any person shall modify or otherwise affect the provisions of this Invitation for Bid and/or any contract resulting therefrom. All modifications, addenda or amendments must be made in writing by the City of Stillwater. 5. EXAMINATION BY BIDDERS. You must examine the specifications, drawings, schedules, special instructions, and all documents in this Bid Packet prior to submitting any Bid. Failure to examine such documents and any errors made in the preparation of such Bid are at your own risk. The City of Silluater http://www.stillwater.org/ INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM-TC TERMS & CONDITIONS FORM TC 6. ADDENDA OR AMENDMENTS TO INVITATIONS FOR BID. The City of Stillwater may addend or amend its Invitations for Bid at any time before the Bid Submission Date, and any such addenda or amendments shall become a part of this Agreement. City will attempt to send a notification (by email) of any addenda or amendments to those Bidders who have responded to the Procurement Manager with their intent to respond to the Invitation for Bid. However, it is your responsibility to inquire about any addenda or amendments by signing and returning Form #6 Acknowledgement of Receipt of Addenda/Amendments with your Bid. The City of Stillwater may reject any Bid that fails to acknowledge any addenda or amendments. 7. SPECIFICATIONS / DESCRIPTIVE TERMS / SUBSTITUTIONS. Unless the term no substitute is used, references to a brand name, manufacturer, make, or catalogue designation in describing an item in this Bid Packet does not restrict you to that brand or model. This Invitation for Bid may make such referenced to indicate the type, character, quality and/or performance equivalent of the item desired. However, you are required to furnish the exact item described in your Bid unless a proposed substitution is clearly noted and described in the Bid. The parties recognize that technology may change during the period Bids are solicited and subsequent contracts are performed. Therefore, the City of Stillwater may at its option accept changes or substitutions to the specifications for Goods of equal or better capabilities at no additional cost to the City. In the case of existing contracts, you shall give the City thirty (30) days advance notice in writing of any such proposed changes or substitutions. The City shall determine whether such items are acceptable as well as any proposed substitute. All Goods shall be new unless otherwise so stated in the Bid. Any unsolicited alternate Bid, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirements of this Bid may be considered non- responsive and the Bid rejected. 8. PRICE / DISCOUNTS. Prices shall be stated in the units and quantity specified in the Bid Packet documents. In case of discrepancy in computing the Bid amount, you guarantee unit prices to be correct and such unit prices will govern. Prices shall include transportation, delivery, packing and container charges, prepaid by you to the destination specified in the specifications. Discounts for prompt payment will not be considered in Bid evaluations, unless otherwise specified. However, offered discounts for prompt payment will be taken if payment is made within the discount period. 9. NO INDEMNIFICATION OR ARBITRATION BY CITY. Contractor understands and acknowledges that Stillwater is a municipal corporation that is funded by its taxpayers to operate for the benefit of its citizens. Accordingly, and pursuant to Oklahoma law, Stillwater shall not indemnify nor hold Seller harmless for loss, damage, expense or liability arising from or related to this Agreement, including any attorneys fees and costs. In addition, Seller shall not limit its liability to Stillwater for actual loss or direct damages for any claim based on a material breach of this Agreement and the documents incorporated herein. Stillwater reserves the right to pursue all legal and equitable remedies to which it may be entitled. Stillwater will not agree to binding arbitration of any disputes. 10. DELIVERY. All prices quoted shall be based on delivery F.O.B. Stillwater, Oklahoma or to any other points as may be designated in the Technical Specifications, with all charges prepaid by Contractor to the actual point of delivery. Bids must state the number of days required for delivery under normal conditions. 11. TAXES. The City of Stillwater is exempt from federal excise and state sales taxes and such taxes shall not be included in the Bid prices. 12. BID SUBMISSION. The Bid Packet forms must be prepared in the name of the Bidder and properly executed by an Authorized Agent with full knowledge and acceptance of all provisions, in ink and notarized. Bids may not be changed or withdrawn after the The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM-TC TERMS & CONDITIONS FORM TC deadline for submitting Bids (the Bid Submission Date). A Bid is an irrevocable offer and when accepted by the City of Stillwater (as evidenced by Citys execution of the Purchase Agreement) shall constitute a firm contract. A. BIDS MUST BE SUBMITTED ONLY ON THE BID PACKET FORMS AND SIGNED BY AN AUTHORIZED AGENT. THE ENTIRE BID PACKET MUST BE RETURNED AS RECEIVED WITH ALL FORMS COMPLETED AND SUBMITTED WITH YOUR EXHIBIT A BID FORM. YOU MAY ATTACH, AFTER EXHIBIT A, ANY DOCUMENTS NECESSARY TO COMPLETELY AND ACCURATELY RESPOND TO THE REQUEST. BIDS MUST BE IN STRICT CONFORMANCE WITH ALL INSTRUCTIONS, FORMS, AND SPECIFICATIONS CONTAINED IN THIS BID PACKET. B. Sealed Bids may be either mailed or delivered, but must be received at: City of Stillwater Office of the City Clerk 723 S. Lewis St. / PO Box 1449 Stillwater, OK 74076-1449 C. Bids will be accepted at the above address from 8:00 AM to 5:00 PM (CST), Monday through Friday except for City holidays. City is not responsible for failure of Bids to be received by the City Clerks Office prior to the due date and time. Any bid received by the City Clerk more than ninety-six (96) hours, excluding Saturdays, Sundays and holidays, before the time set for the opening of bids, or any bid so received after the time set for opening of bids, shall not be considered and shall be returned unopened to the bidder submitting same. D. Late Bids will be rejected. The Procurement Manager, in his/her sole discretion, may make exceptions only for the following reasons: City Hall closed for business for part or all of the day on the date the response was due. If the City deems it appropriate due to large-scale disruptions in the transportation industry that may have prevented delivery as required. If documented weather conditions caused the late delivery. You must provide documentation of such weather to the satisfaction of the Procurement Manager. E. City of Stillwater will NOT accept faxed Bids. No exceptions. F. The City of Stillwater is not responsible for any of your costs in preparing the Bid response, attending a Pre-Bid Conference, if required, or any other costs you incur, regardless of whether the Bid is submitted, accepted, or rejected. G. All required Bid documents must be securely SEALED in a catalog envelope (i.e., 9 x 12 manila or white mailing envelope) and plainly marked with the Bid Number, Bid Title, and Bid Opening Date on the lower left corner of the outside of the Bid envelope. Bidders name and address must also be clearly indicated on the envelope. H. If submitting multiple options to the Invitation for Bid, each will be separately considered separately requiring each response to be complete and accurate. Each option must be clearly marked as Option 1 of 3, Option 2 of 3, etc. I. The number of copies you must submit is listed on the Summary Sheet in the front of the Bid Packet. At a minimum, there will be one (1) original, clearly labeled as such (ORIGINAL) on the Bid Packet cover page, and two (2) copies, clearly labeled as such (COPY) on the Bid Packet cover page. J. Multiple boxes or envelopes are permissible, but must not weigh more than fifty pounds (50 lbs.). Each box must be clearly labeled as instructed herein and numbered (i.e. Box 1 of 3, Box 2 of 3, etc.). The original must be in Box #1. K. The original and all copies (either paper or electronic) must be identical in all respects. Bids must be completed and submitted in ink or typewritten. Bids written in pencil will be rejected. Any corrections made to the Bids must be in initialed in ink. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM-TC TERMS & CONDITIONS FORM TC 13. BID REJECTION OR WITHDRAWAL. A. The City of Stillwater may reject any or all Bids, in whole or in part. B. A Bid may be rejected if it contains additional terms, conditions, or agreements that modify the requirements of this Invitation for Bid or attempts to limit Bidders liability to the City of Stillwater. C. A Bid may be rejected if Bidder is currently in default to City of Stillwater or any other contract or has an outstanding indebtedness to the City of Stillwater of any kind. D. City reserves the right to waive any formalities or minor irregularities, defects, or errors in Bids. E. Bid withdrawal may only be accomplished by an Authorized Agent requesting withdrawal in person at the City Clerks office before the Citys close of business on the Bid Submission Date. 14. BID RESULTS. A tabulation of Bids received will be made available on the Citys website generally within five (5) working days after the Bid Opening Date. After a contract award is recommended by the Project Manager, a copy of the Bid summary will be available in the City Clerks office. Bid results are not provided in response to telephone or email inquiries. 15. PURCHASE ORDER. In the event the successful Bid is for an amount less than Fifty Thousand Dollars ($50,000), and it is determined by the City of Stillwater to be in the best interest of the City, the City may in its sole discretion, issue a Purchase Order rather than execute the Purchase Agreement to purchase the Goods. If a Purchase Order is issued, however, the terms and conditions of the Bid Packet documents, including the Purchase Agreement, will govern the transaction and be enforceable by the City of Stillwater and Bidder/Contractor. 16. CONTRACT AWARD. If a contract is awarded, it will be awarded to the Bidder that the City of Stillwater determines is the lowest responsible Bidder meeting specifications. Such Bid analysis will consider price and other factors, such as Bidders qualifications and financial ability to perform the contract, as well as operating costs, delivery time, maintenance requirements, performance data, history of contract relations with the City of Stillwater, and guarantees of materials and equipment, as applicable. A complete list of factors that are considered is set forth in the City of Stillwater Purchasing Manual. Unless otherwise noted, the City of Stillwater reserves the right to award a contract by item, one or more groups of items, or all items in the Bid, whichever is in the Citys best interest. 17. IRS FORM W-9. If the City of Stillwater selects your Bid and awards a contract to you, you will have ten (10) days from notification of award to provide the City of Stillwater with your complete IRS Form W-9. 18. NOTICE TO PROCEED. If the City of Stillwater accepts your Bid and executes the Purchase Agreement, you shall not commence work until authorized to do so by the Procurement Manager or his/her representative. Receipt of a Purchase Order from the City of Stillwater is notice to proceed. 19. PAYMENTS. Invoices must be emailed to: finance@stillwater.org. Payments will be made Net 30 days after receipt of a properly submitted invoice or the City of Stillwaters Acceptance of the Goods and/or Services, whichever is later, unless the City of Stillwater decides to take advantage of any prompt payment discount included in the Bid. 20. FORCE MAJEURE. In no event shall City of Stillwater be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, The City of Silluater mailto:finance@stillwater.org https://www.lawinsider.com/clause/force-majeure INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM-TC TERMS & CONDITIONS FORM TC work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, acts of God, or the declaration of a federal, state, or local emergency. In the event of a declared federal, state, or local emergency affecting Stillwater, Oklahoma, the City Manager shall have the unilateral right to suspend any or all services provided for under this Contract or to terminate this Contract without any liability whatsoever. In the event of termination, this Contract shall not be revived by the expiration of the declared emergency. In the event of suspension of any or all services during a time of declared emergency and upon expiration of said declared emergency, the parties may mutually agree in writing to resume services. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM-SR SPECIAL REQUIREMENTS FORM SR SPECIAL REQUIREMENTS 1. IRREVOCABLE OFFER PERIOD. You understand and acknowledge that the offer submitted as your Bid is firm and irrevocable from the Citys close of business on the Bid Submission Date until 60 days after the Bid Opening Date. 2. GENERAL LIABILITY / INDEMNIFICATION. You shall hold the City of Stillwater harmless for any loss, damage or claims arising from or related to your performance of the Agreement. You must exercise all reasonable and customary precautions to prevent any harm or loss to all persons and property related to the Agreement. You agree to indemnify and hold the City of Stillwater harmless from claims, demands, causes of actions or suits of whatever nature arising out of the Goods and/or Services, labor, or materials furnished by you or your subcontractors under the provisions of the Bid Packet documents. 3. LIENS. No liens of any kind shall exist against property of the City of Stillwater. Bidder shall deliver all Goods to the City of Stillwater free and clear of liens. Delivery by Bidder to City of goods which are subject to liens shall be a material breach of the Agreement and all damages and costs incurred by the City as a result of the existence of such liens shall be paid to the City by returning such goods and reimburse the City for any payments made for such goods. 4. INSURANCE. If the box is checked Yes, the following insurance is required: X YES NO Bidder and its subcontractors must obtain at Bidders expense and keep in effect during the term of the Agreement, including any renewal periods, policies of General Liability insurance in the minimum amounts set forth below and Workers Compensation insurance in the statutory limits required by law. The amounts set forth below are minimums, to the extent additional coverage is required it will be set forth in the contract. Amounts required by the contract shall govern. Workers Compensation Statutory Limits Employers Liability $1,000,000 aggregate comprehensive General Liability $1,000,000 per occurrence Property Damage $25,000 per occurrence Property Damage $1,000,000 aggregate Auto Liability $125,000 each person for bodily injury Auto Liability $25,000 each occurrence for property damage The City of Stillwater shall be named an additional insured on the Comprehensive General Liability policy in amounts equal to the liability limits for political subdivisions set forth in the Oklahoma Governmental Tort Claims Act, 51 O.S. 151, et seq. Provided, however, this shall not preclude the Contractor from carrying insurance in amounts exceeding said liability limits so long as the City is not named as an additional insured in any amount in excess of said statutory liability limits. BIDDERS INSURER MUST BE AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF OKLAHOMA. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM-SR SPECIAL REQUIREMENTS FORM SR You will have ten (10) days after notification that your Bid was selected for contract award by the City of Stillwater to provide proof of such coverage by providing the Procurement Manager shown on the Summary Sheet of the Bid Packet with a Certificate of Insurance. The Certificate of Insurance must be completed with the following information: Contractors Name Insurers name and address Policy number Liability Coverage Amounts Commencement and expiration dates Signature of authorized agent of insurer Invitation for Bid number Insured or Additional Insured shall include the City of Stillwater and its officers, agents and employees The Bidder shall not cause any required insurance policy to be cancelled or permit to lapse. It is the responsibility of the Bidder to notify the City of any change in coverage or insurer by providing the City with an updated Certificate of Insurance. Failure of Bidder to comply with the insurance requirements herein may be deemed a breach of the Agreement. Further, a Bidder who fails to keep required insurance policies in effect may be deemed to be ineligible to bid on future projects, ineligible to respond to invitations for bid, and/or ineligible to engage in any new agreements. 5. BONDING. If the box is checked Yes, the Bond is required: A. BID BOND YES X NO B. PERFORMANCE BOND X YES NO C. MAINTENANCE BOND YES X NO D. STATUTORY BOND YES X NO The required Bid Bond shall be made payable to the Owner (City of Stillwater) for the sum of 5% of the Bidders bid total (Total Bid shown on Exhibit A: Bid Form). Bid bond shall be in the form of certified funds; cashiers check or irrevocable letter of credit. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required bonds and insurance within the timeframes set forth in the Contract Documents then Owner may annul the award and the bid bond of that Bidder shall be forfeited. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM-SR SPECIAL REQUIREMENTS FORM SR 6. CITY PURCHASING CARD. Is the City of Stillwater purchasing card acceptable for payments. (The card is a Mastercard) Bidder to Check Box and Initial if Bidder will accept Citys purchasing card as a form of payment. YES NO Bidders Initials __________ 7. REFERENCES. If the box is checked Yes, References are required: X YES NO For each reference, the following information must be included: Company Name, Contact Name, Address, Phone Number, E-Mail Address, and the nature of their relationship with the Bidder. Company Name: Contact Name: Address: Phone Number: E-mail Address: Nature of Relationship with Bidder: Company Name: Contact Name: Address: Phone Number: E-mail Address: Nature of Relationship with Bidder: Company Name: Contact Name: Address: Phone Number: E-mail Address: Nature of Relationship with Bidder: The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM TS TECHNICAL SPECIFICATIONS FORM TS TECHNICAL SPECIFICATIONS PART 1 THE WORK 1.01 GENERAL NATURE OF WORK A. The purpose of the project specified herein is to apply chemical root control agent to sanitary sewers, in order to kill the root growth present in the lines and to inhibit re-growth for two years without permanently damaging the vegetation producing the roots, or disrupting the wastewater treatment plant process B. The contractor shall apply the chemical sewer root control product to control tree roots in sanitary sewer lines for the City of Stillwater (Stillwater Utilities Authority). The chemical agent shall be an approved product and as specified in this document. Non approved products shall not be applied. C. The chemical agent shall contain a herbicide to destroy root tissue, a herbicide to deter re-growth and a foaming surfactant to deliver the herbicides to the target root growths. The chemical agent shall be currently registered with the USEPA and the OKDOA. The chemical agent will be applied as a foam, in strict accordance with the manner of application as described in this document. The foam shall be pumped under sufficient pressure and volume to assure that the entire sewer section is completely filled with foam, and to assure that the foam passes through lateral pipe connections to a distance of at least 5 feet up the service laterals. D. The Contractor will be responsible for insuring that the chemical treatment will have no adverse effects on the wastewater treatment plant and/or receiving waters downstream from the point of application. The Contractor shall take all necessary steps to prevent said adverse effects at their own expense. 1.02 SCHEDULE A. All work will be scheduled, with the contractor, during the applicable contract year. 1.03 WORK MUST CONFORM TO STANDARDS A. All work shall be in conformance with the most recently adopted version of the City of Stillwater Standards. 1. Standards are available for viewing online at Stillwater.org. Click the top tab titled Find a Document. PART 2 QUALIFICATIONS AND RESPONSIBILITIES OF THE CONTRACTOR 2.01 CONTRACTOR QUALIFICATIONS A. The Contractor shall be licensed as a pesticide application business with the Oklahoma Department of Agriculture prior to bid opening. Contractors who do not meet the experience and other qualifications specified herein shall not be considered for award of the contract. Each bidder is required to submit with his/her bid the Contractors Qualification Form, Section M. Additional references, up to ten, may be requested by the Owner. B. All work shall be performed by Certified Pesticide Applicators licensed with the Oklahoma Department of Agriculture. Each Certified Pesticide Applicators shall have a minimum of three (3) years of experience in applying chemical sewer root control agents, and shall have personally performed a minimum of 500,000 linear feet of treatments as a Certified Pesticide Applicator and/or under the direct supervision of a Certified Pesticide Applicator within the last 24 months. Any work performed by subcontractors for the Contractor will not be considered. C. A minimum of two Certified Pesticide Applicators that are registered with the Oklahoma Department of Agriculture prior to the bid is required. License numbers for these two applicators and years of experience shall be submitted with the bid. 2.02 CONTRACTORS RESPONSIBILITIES The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM TS TECHNICAL SPECIFICATIONS FORM TS A. The Contractors attention is drawn to the following terms, conditions and responsibilities: 1. Contractor shall meet the qualifications outlined in 2.01. 2. Contractor shall provide Pollution Liability Insurance; in addition to all other insurance specified herein. 3. Where work is located in high-traffic areas, the Contractor shall place proper traffic warning devices to protect the specific job site and to prevent accidents or personal injury to the public according to the latest version of the Federal Manual for Uniform Traffic Control Devices. All traffic control must be reviewed and approved by The City of Stillwaters Transportation Department. 4. The Contractor shall use a reduced-pressure-zone backflow prevention device whenever accessing fresh water from the designated fire hydrant for mixing chemical, or an air gap device to separate the fill hose and receiving tank. 5. The Contractor shall comply with all Federal, State, and Local Laws, with special attention to those laws that pertain to the handling, transportation, and use of any hazardous materials, and disposal of all pesticide containers. 6. Should any damage be done to public or private property by the Contractors crews or its agents, the Contractor will be required to make immediate repairs to restore it to the original conditions. Payment will not be released to the Contractor until all repairs or replacement to damaged property is completed. 7. The Contractor shall communicate by email, with the Wastewater Collections Supervisor at charles.ferguson@stillwater.org, on the need to return and re-treat any of the treated lines during the two year guarantee period to evaluate the project and to arrange with City staff on all follow up applications that may be required. 8. Contractors crews shall use all required personal protective equipment as specified in the SDS or the material product data sheet submitted to the supervisor or his representative. Failure to use the appropriate PPE will result in shut down of the operation. 9. The Contractor is responsible for furnishing all labor, supervision, equipment, tools, chemicals and other incidentals required to execute the application of the chemicals. No City equipment or tools shall be utilized by the Contractor. 10. The delivery schedule, as set forth in Paragraph 1.02, is of vital importance and may be a governing factor in the awarding of the bid. B. Special Event Coordination 1. Contractor shall mitigate/reschedule any conflicts that could adversely impact special events that are scheduled through the City of Stillwater Transportation Department. 2.03 COMPLIANCE WITH LAWS A. The Contractor is directed to ensure compliance with all Federal, State, and Local ordinances pertaining to the type of work specified herein. Particular attention shall be paid to those laws and ordinances relating to transportation of material (DOT), the application of sewer root control herbicides (US EPA), and traffic safety regulations (MUTCD). The Contractors Federal DOT number and material EPA registration number must be submitted with bid. From the Code of Federal Regulations, Title 40: Any substance or mixture of substances intended for preventing, destroying, or mitigating any root, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant including root control herbicides intended to prevent the growth of, or kill roots in certain sites such as sewer lines and drainage tiles. PART 3 CONTRACTORS REQUIRED DOCUMENTS AND SUBMITTALS 3.01 ADDITIONAL INSURANCE The City of Silluater mailto:charles.ferguson@stillwater.org INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM TS TECHNICAL SPECIFICATIONS FORM TS A. In addition to the coverage required in the bid documents, the Contractors commercial general liability shall include pesticide or herbicide applicator coverage. B. Contractor shall submit documentation that they have obtained pollution liability coverage with their bid. This coverage shall protect the Contractor, the Owner, and the Owners officers, agents and employees from claims for damages for bodily or personal injury, sickness or disease, including death, and from claims for damages to property and/or the environment, which may arise directly out of use chemicals and/or pollution. The minimum amount of such insurance shall be $5,000,000 total loss. An A rated insurance company shall provide the Contractors Pollution Liability insurance. C. The Pollution and Liability Insurance described herein is in addition to all other insurance required of the Contractor by the Owner, including any insurance required by law, or any other insurance requested by the Owner. 3.02 SUBMITTALS A. Should the Bidder wish to use any brand of Chemicals or materials other than as specified herein, Bidder shall submit to the Owner for review no later than 10-calendar days prior to bid opening, complete descriptive literature naming the proposed substitution and manufacturer. Any equivalent material or methods shall comply with the requirements set forth (see Paragraph 4.02A for composition of root control material, and Paragraph 5.01 for manner of application). PART 4 PRODUCTS 4.01 GENERAL A. The equipment or materials shall conform to generally recognized standards of strength, quality of materials and workmanship, subject to the bid specifications in full an in compliance with any and all applicable federal and state safety regulations and requirements. B. All equipment and materials specified are intended to be from the manufacturers current production year. However, any items that are from the immediately preceding production year will be considered provided it is new, unused, meets specified requirements, and carries the same manufacturers warranty. 4.02 COMPOSITION OF CHEMICAL ROOT CONTROL MATERIAL A. The chemical root control agent shall be Razorooter IITM, Root X, or approved equivalent product that is approved by the Owner in writing 10-calender days prior to the Bid Opening. The chemical root control agent shall be registered with the EPA and the Oklahoma Department of Agriculture, prior to the bid opening, and shall be labeled for use in sanitary sewers to control tree roots. The chemical root control agent shall contain an active ingredient for controlling sewer roots and deterring their re-growth. There shall also be a surfactant system to deliver the active ingredient (herbicide) to the target root tissue. 1. Active Ingredient: i. Shall be non-volatile in order to minimize exposure to workers and other individuals by inhalation. ii. Shall not be readily absorbed through the skin. iii. Products containing the active ingredient copper sulfate are not allowed. 2. Surfactant System: i. Shall produce a dense, small bubble, clinging foam, which sustains its shape for a minimum of one hour. ii. Shall enhance the penetration of herbicide into root masses. iii. Surfactants designed to foam chemically, upon contact with water, shall not be accepted. 4.03 SUBSTITUTES AND EQUIVALENTS A. Use of any substitute or equivalent methods, procedures, or materials must be approved by the Owner in writing prior to the bid date per Paragraph 3.02A. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM TS TECHNICAL SPECIFICATIONS FORM TS B. Should the Contractor wish to use any brand of chemical or method other than as specified herein, the proposing Contractor shall submit to the Owner for review and approval per Paragraph 3.02A. The information submitted shall include all descriptive literature naming the proposed substitute products and manufacturer. Equivalent material or methods shall comply with all the requirements in this document. PART 5 EXECUTION 5.01 MANNER OF APPLICATION A. All work shall be performed according to label instructions and in accordance with the best recommended practice for conditions present in the line under treatment. All applications shall be done by foaming or other owner approved methods, and as provided on the product label. B. The application of material shall be performed in such a way as to contact roots within the primary main line sewer and also contact roots residing at the service connections. The product shall be pumped into the sewer under pressure-as foam. The product quality shall be sufficient to penetrate service connections, effectively treat large diameter pipe and to enhance treatment effectiveness overall. 5.02 PROTECTION OF WASTEWATER TREATMENT PLANT A. The Contractor shall take all steps necessary and appropriate to prevent adverse effects on wastewater treatment plant processes during the application process. B. Notwithstanding the requirement that the active ingredient shall not adversely affect wastewater treatment plant processes, in the event that a wastewater treatment plant experiences any reduction in operating efficiency during the execution of the contract, the Contractor shall immediately suspend all applications, at the direction of the Owner. The Contractor shall resume operations only after problems at the wastewater treatment plant have been corrected, satisfactory to the Wastewater Treatment Plant Superintendent. Contractor might be required to cease all operations and demobilize. Contractor shall be contacted by City staff to return and commence the application. All cost incurred in demobilization, remobilization and mixing fresh chemicals, or equipment costs shall be borne by Contractor and not passed on to the Owner. C. The Contractor shall have in his possession, and make available to the Owner on request, a recent study from an accredited research facility documenting the effects of the product on wastewater treatment plant facilities. At a minimum, this study shall address the toxicity of the product on wastewater treatment plant bacteria, including nitrifiers and denitrifiers, the toxicity of the product on treatment plant effluent, and the environmental fate of the product. 5.03 ASSISTANCE PROVIDED BY THE OWNER A. A representative of the Owner shall accompany the Contractors crew(s) while working in/on any City owned sewer manhole and/or sewer system. Maps will be provided showing the locations of the pipes to be treated, with manhole locations. B. The Owner shall facilitate the entering of private lands, public lands, and right-of-ways. C. The Owner shall designate a fire hydrant as the source of fresh water at a single location to be used by the Contractor. However, the Contractor shall pay for all water used. The Contractor shall apply for the fire hydrant meter at the Customer Service Department. Contact number: 405-742-8221. D. The Owner shall locate and uncover hidden or buried manholes, and restore street surfaces, easements, etc. E. The Contractor will notify the Owner five business days, by e-mail only to the Wastewater Collections Supervisor at charles.ferguson@stillwater.org and Water Utilities Director at james.driskel@stillwater.org, prior to starting work The City of Silluater mailto:charles.ferguson@stillwater.org mailto:james.driskel@stillwater.org INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 FORM TS TECHNICAL SPECIFICATIONS FORM TS on this contract. All work shall be performed between the hours of 7 A.M. and 3:30 P.M. No work shall be performed on weekends, or on holidays. The City shall inspect all work and shall reject any work that is found to be unsatisfactory. PART 6 GUARANTEES AND PAYMENTS 6.01 PAYMENT A. Payment to the Contractor shall be made only after all work specified in the contract has been completed by the contractor to the Owners satisfaction, and all submittals and project reports specified have been submitted in a timely manner to the Owners representative. 6.02 WARRANTY A. For each sewer section (manhole-to-manhole or lamp hole) that has been treated under the contract, the Contractor shall guarantee the work as follows: 1. Contractor shall re-treat all sewer sections (manhole-to-manhole or lamp hole) that have been found to have live roots six months after the initial application. 2. Any line section that plugs up, causes blockages, or overflows within two years after the date of the initial chemical application shall be re-treated at no charge to the Owner and is considered part of the guarantee provided. 3. The Owner reserves the right to TV inspect any section of the lines in the area treated anytime during the two year agreed guarantee period. 4. The Owners findings, as to the cause of the stoppage or blockage, are binding. 5. The Contractor shall re-treat the line segment. B. WARRANTY AND CORRECTION PERIOD: The Contractor shall correct any work that fails to conform to the requirements of the contract documents where such failure to conform appears during the progress of the work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the date of acceptance of the work by the City or within such longer period of time as may be prescribed by law. C. Contractor agrees to guarantee all work under this contract for a period of one year from the date of final acceptance by the owner. If any unsatisfactory condition or damage develops within the time of this guaranty due to materials or workmanship that are defective, inferior, or not in accordance with the contract, as reasonably determined by the City, then the Contractor shall, when notified by the City, immediately place such guaranteed work in a condition satisfactory to the City. The City of Silluater INVITATION FOR BID SUA #05-22/23 Sanitary Sewer Chemical Root Control Services Issued: Saturday, June 25, 2022 EXHIBIT A BID FORM EXHIBIT A Bid Form EXHIBIT A BID FORM Contractor must be able to deliver the Goods and/or Services as specified in your bid. Failure to do so may result in the City of Stillwater terminating your contract or cancelling the Purchase Order, pursuing collection under any applicable bond, as well as seeking any other damages to which it may be entitled in law or in equity. The following bid is submitted to the City of Stillwater in accordance with the specifications and bid conditions set forth in the bid documents to provide Sanitary Sewer Chemical Root Control Services. Contract, if awarded, will commence upon award of contract and end on June 30, 2023. Contractor guarantees the price stated below for sixty (60) days from proposal date and for one year from the effective date of the contract, if awarded. This proposal will become a binding Contract only after acceptance by City of Stillwater and Contractor. The services provided in the specifications will be payable based on services rendered invoices approved by the City of Stillwater. No other fees or interest will be included in this agreement. Provide all of the information listed below: Applicators License numbers: __________________ and ____________________ Federal DOT# ______________________________________________________ Material EPA Registration #____________________________________________ Proof of Pollution Liability Insurance Attached? (Y, N) _______________________ Bid Amount: Pipe Size Unit Price Per Linear Foot 6" Sewer Pipe $ 8" Sewer Pipe $ Bidders Company Name: Authorized Signature Here Printed Name: The City of Silluater