Haying of Land at Stillwater Wastewater Treatment Plant

723 S. Lewis Street/P.O. Box 1449 Stillwater, OK 74076-1449 Office: 405.372.0025 Fax: 405.742.8324 Web: Stillwater.org REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant You are invited to submit a Proposal to supply the Goods and/or Services specified above. Request for Proposals will be posted on the City’s website at www.stillwater.org. Proposals must be securely SEALED in a catalog envelope (i.e., 9 x 12 manila or white mailing envelope) and must be mailed or delivered no later than 5:00 PM (CST) on Wednesday June 23, 2021 to: City Clerk’s Office 723 South Lewis St. / P.O. Box 1449 Stillwater, OK 74076 www.stillwater.org REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma TABLE OF CONTENTS I. PROJECT SUMMARY II. INSTRUCTIONS

FOR SUBMITTING PROPOSALS A. GENERAL REQUIREMENTS B. GENERAL NOTIFICATIONS III. CITY OF STILLWATER OVERVIEW IV. REQUIREMENTS V. HAY TRACT MAP VI. EXHIBIT A – PROPOSAL FORM VII. NOTICE OF NO SUBMITTAL VIII. RESPONDENT INFORMATION SHEET IX. CITY OF STILLWATER GENERAL CONTRACT TERMS X. CITY OF STILLWATER MINIMUM INSURANCE REQUIREMENTS REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma I. PROJECT SUMMARY: The City of Stillwater/Stillwater Utilities Authority is requesting proposals for agricultural haying of a tract of land located at the City of Stillwater Wastewater Treatment Plant, 2520 S Brush Creek Rd, Stillwater, OK 74074. The selected bidder will have two (2) weeks from notice to proceed to cut, bale, and remove the hay. Property tours will be available by appointment only. To set up an appointment contact Jason Tyler at 405.533.8583 between the hours of 7:00 am and 3:30 pm, Monday through Friday. The minimum proposal amount is $1.00 per bale. Proposals must meet the minimum to be considered. II. INSTRUCTIONS FOR SUBMITTING PROPOSALS: A. General Requirements 1. RFPs must be received by 5:00 p.m. CST on Wednesday, June 23, 2021. Please place proposals in a sealed envelope clearly labeled “RFP – Haying of land at Stillwater Wastewater Treatment Plant”. Submittals received late will not be considered. 2. Proposals shall be delivered sealed to: City Clerk City of Stillwater 723 South Lewis Street / PO Box 1449 Stillwater, OK 74076 Inquiries to the City/SUA requesting clarification regarding the RFP or the content therein must be made via e-mail and must be received prior to the end of the business day on June 17, 2021. Jason Tyler, Wastewater Treatment Plant Superintendent jtyler@stillwater.org Any questions regarding this RFP will be handled as promptly and as directly as possible. If a question requires only clarification of instructions or specifications, it will be handled via e-mail. If any question results in a substantive change or addition to the RFP, the change or addition will be forwarded to all respondents as quickly as possible by addendum. 3. Respondents shall designate a contact person, with appropriate contact information, to address any questions concerning a statement of qualifications. The Respondents shall also state the name and title of the individual who will have legal authority to execute the contract on the Respondent’s behalf. B. General Notifications 1. The City/SUA advises all potential Respondents that no person shall be excluded from participation in, denied any benefits of, or otherwise discriminated against in connection with the award and performance of any contract on the basis of race, religious creed, color, national origin, ancestry, physical disability, sex, age, ethnicity, or on any other basis prohibited by law. 2. All Respondents shall comply with all applicable laws regarding equal employment opportunity and discrimination. mailto:jtyler@stillwater.org REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma 3. All Respondents shall comply with the American Disabilities Act (ADA). 4. The City/SUA advises all Respondents that the City/SUA has the right to modify the RFP and requirements herein, to request modified statements of qualifications from Respondents, and to negotiate with the selected Respondent on price and other contract terms, as necessary to meet the City’s/SUA’s objectives. 5. This RFP does not commit the City/SUA to pay any costs incurred in the preparation of submittals, or in submission of a statement of qualifications, or the costs incurred in making necessary studies and designs for preparation thereof, or to contract for services or supplies necessary to respond. The City/SUA is not liable for any costs incurred by Respondents for any work performed by the Respondent prior to the approval of an executed contract by the City/SUA. III. CITY OF STILLWATER OVERVIEW: Stillwater is located in north central Oklahoma at the intersection of US-177 and State Highway 51. It is the county seat of Payne County. The population is approximately 50,000, making it the tenth largest city in Oklahoma. Stillwater is home to the main campus of Oklahoma State University (OSU), which is the largest employer. IV. REQUIREMENTS: A. Access to the area will be by specific approval of the treatment plant staff only. B. The haying location is a controlled area. All haying operation and removal of said hay will be in compliance with treatment plant staff instructions. C. Swathing, hay baling, and removal of the bales of hay will be performed between sunrise and sunset. D. The selected bidder will have 2 weeks from notice to proceed to cut, bale, and remove the hay. E. City will remain in possession of hay until bales are counted and payment has been made to the City of Stillwater. F. Selected bidder to provide all equipment, fuel, tools, materials, and labor necessary to perform the work. G. Maintain a distance of less than 5 feet from all fences, trees or other obstructions. H. Tract of land is approximately 8 acres (see map). REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma HAY TRACT MAP REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma EXHIBIT A PROPOSAL FORM The following proposal is submitted to the City of Stillwater/Stillwater Utilities Authority in accordance with the information and terms and conditions set forth in the proposal documents for haying of land at Stillwater Wastewater Treatment Plant for the City of Stillwater/Stillwater Utilities Authority. I will pay the City of Stillwater/Stillwater Utilities Authority $______________ per standard round bale. Bidder’s Company Name: Authorized Signature Here  Printed Name: REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma NOTICE OF NO SUBMITTAL This sheet is provided for the convenience of respondents submitting a no submittal response to this proposal. REASON FOR NO SUBMITTAL: 1. Cannot comply with specifications 2. Cannot meet deliver requirements 3. Cannot identify the item(s) 4. Do not regularly manufacture or sell the type of item(s) involved 5. Other (Specify) We do We do not desire to be retained on the bidder list for future procurements of the type of items(s) involved. Name and address of firm (include zip code) Signature Title Haying of Land at the Stillwater Wastewater Treatment Plant REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma FORM #1 RESPONDENT INFORMATION SHEET Respondent’s Exact Legal Name: (Must be Bidder’s company name as reflected on its organizational documents, filed with the state in which bidder is organized; not simply a DBA) State of Organization: Respondent’s Type of Legal Entity: (check one)  Sole Proprietorship Limited Liability Company  Partnership Limited Liability Partnership  Corporation Other:  Limited Partnership Respondents 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: REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma CITY OF STILLWATER GENERAL TERMS 1. 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 Contractor harmless for loss, damage, expense or liability arising from or related to this Agreement, including any attorney’s fees and costs. In addition, Contractor 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. City will not agree to binding arbitration of any disputes. 2. INTELLECTUAL PROPERTY INDEMNIFICATION BY CONTRACTOR. Contractor 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, trademarked, or copyrighted appliances, products, materials, or processes provided by Contractor hereunder. Contractor shall pay all royalties and charges incident to such patents, trademarks, or copyrights. 3. GENERAL LIABILITY. Contractor shall hold Stillwater harmless from any loss, damage or claims arising from or related to the performance of the Agreement herein. Contractor must exercise all reasonable and customary precaution to prevent any harm or loss to all persons and property related to this Agreement. 4. INSURANCE REQUIRED. Contractor shall be required to purchase and maintain minimum insurance. See attached Minimum Insurance Requirements. Contractor is solely responsible for all costs associated with acquiring and maintaining insurance, including but not limited to, all premiums and deductibles. 5. NO CONFIDENTIALITY. Contractor 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 Contractor pursuant to this Agreement that would be inconsistent with its compliance with its statutory requirements thereunder. 6. COMPLIANCE WITH LAWS. Contractor shall be responsible for complying with all applicable federal, state and local laws. Contractor is responsible for any costs of such compliance. Contractor shall take the necessary actions to ensure its operations in performance of this contract and employment practices are in compliance with the requirements of the Americans with Disabilities Act. Contractor certifies that it and all of its subcontractors to be used in the performance of this agreement are in compliance with 25 O.S. Sec. 1313 and participate in the Status Verification System. The Status Verification System is defined in 25 O.S. Sec 1313 and includes, but is not limited to, the Free Employee Verification program (E-Verify) available at www.dhs.gov/E-Verify. 7. RIGHT TO AUDIT. The parties agree that books, records, documents, accounting procedures, practices, price lists or any other items related to the Services provided hereunder are subject to inspection, examination, and copying by Stillwater or its designees. Contractor shall 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 the contract. If an audit, litigation or other action involving such records begins before the end of the three year period, the records REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma 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. 8. 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. 9. 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. 10. 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, relating to the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by both parties. Notwithstanding anything to the contrary stated herein, Stillwater does not agree to the terms of any future agreements, revisions or modifications that may be required under this Agreement unless such terms, revisions or modifications have been reduced to writing and signed by both parties. Contractor may not assign this Agreement or use subcontractors to provide the Goods and/or Services without Stillwater’s prior written consent. Contractor shall not be entitled to any claim for extras of any kind or nature. 11. EQUAL EMPLOYMENT OPPORTUNITY. Each Vendor/Contractor agrees to comply with all applicable laws regarding equal employment opportunity and nondiscrimination. 12. CONFLICTS. Supply of goods and/or performance of services are subject to these General Terms and Conditions. To the extent that Contractor’s proposal has provided additional terms and conditions that may conflict with any provisions herein, the Stillwater General Terms and Conditions shall govern and control. 13. FORCE MAJEURE. In no event shall 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, 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. https://www.lawinsider.com/clause/force-majeure REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma The undersigned Vendor/Contractor agrees to the above provisions. Respondent Company Name: Sign Here  Printed Name: Title: Date: REQUEST FOR PROPOSALS Haying of Land at Stillwater Wastewater Treatment Plant Issued: Friday, June 11, 2021 City of Stillwater, Oklahoma Minimum Insurance Requirements The Contractor shall carry the specified insurance policies in amounts set forth below at all times during the performance of this contract: Workmen's Compensation: Statutory Amount Employers Liability: Aggregate $ 1,000,000 Comprehensive General Liability: Bodily injury; each occurrence $ 500,000 Property Damage; each occurrence $ 500,000 General Aggregate $ 1,000,000 Professional Liability Annual Aggregate $ 1,000,000 Automobile Liability: Bodily injury; each person $ 300,000 Property damage; each occurrence $ 1,000,000 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. Insurance Name of Insurance Provider Provider is a corporation organized and existing under the laws of the state of: Is Provider licensed or authorized to issue insurance policies in the State of Oklahoma? ☐ Yes ☐ No Does Provider have an A.M. Best Rating of A-VIII or Better? ☐ Yes ☐ No Mailing Address (principal place of business) Physical Address(principal place of business) Telephone (Main) / (for Notice of Claims) Local Agent Info