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HomeMy WebLinkAbout77-90 RESOLUTION• RESOLUTION NO. 77-90 A RESOLUTION AWARDING BID 90-10 FOR HAY HARVESTING ON THE MUNICIPAL SLUDGE SITE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract for hay harvesting with Mr. Billy Dale Thomas for Section 1 at $6.00/ton; Mr. Bob Spears for Section 2 at $8.00/ton; Mr. L. Q. Skelton for Section 3 at $8.10/ton: and Mr. Leon Rose for Section is at $10.00/ton. A copy of the contracts authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this ;=,th day of May APPROVED. ATTEST: By: X I.irnic y City clerk 1990. Mayor • T T ri4 0 0 0 0 0 ✓ v • -o O 0 0 0 0 it 4 le sunwwns aaVMV a BIDDER: ADDRESS BIDDER ADDRESS: BIDDER ADDRESS: BIDDER: ADDRESS RIDDER 1•-(2.Skelt O'_1 AusREsS Sk ] c :: Farms Spranycaie BIDDER Bob Spears ADDRESS: Far flifl 1ton BIDDER Billy ll. Thomas ADDRESS prairie Grove '""rnaa Fayet toy l le I FXl COU S COST z n" 03 - o_ s " c oa ya o 1- c o- °c n.., `~ UNIT/OUNI l CUsr FXT COST UNIT/OUANT COST I Xi COSI E%1 COsl. llh T,'OUANT COST c z n- f3 - N J 0 0 t0 o Fi r 0 N C` 0 0 n 11 r C in I x 0 0 b rtr o `S -CO N- 0 0 .Li 0 .o : $8.10 per tor an .-. 0 • 0 0 0 ht r Either recti U W • 0 0 .1 -i 0 y n ' ---C DI n 0 o O N ;V .... .f. p J 0 -, -.. ID n n rt 0. N)W `� 1:f. •. n •r+ 0. a G. F_ U1 0 n _ 0 :n -, — -• c1)ns 2, 3 or 4 1 C 0' w • =t ' F- n N o . • • I$6.00 per tor V a a.3 o 0 Ia- ' — 1 rt Jl 0 `I -. •n J C' 1 t� - 2 TS IK 0 Fh o n n 1 (section 4) n o c C 1 L 7 rt XI n . (7/ . I9 T m O p a �T 2 0 °> Kr 0 Cr 0 D K Z .y ❑❑I z ,< I..I in 0 • o• o 2 0 ni xi0 T 0 c To • m 0 O c S rr c C m 0 sale 30 NOIiV11OVI < < •n m N 0 ❑z ❑ O 00 D rn< m�0 <• m r T In c < n z a Dzm z N < N 1 r aar tnmm m v o a • • AGREEMENT FOR LABOR AND EQUIPMENT TO HARVEST HAY OFF THE SLUDGE MANAGEMENT SITE This AGREEMENT is made on this 15th day of May 1990, between L. Q. Skelton, (hereinafter "Contractor"), whose address is for any formal notice is Skelton Farms, 2608 Johnson Road, Springdale, Arkansas 72764 and the City of Fayetteville, a municipal corporation, (hereinafter "City"), whose address is for any formal notice is 113 West Mountain, Fayetteville, Arkansas 72701. WITNESSET H: WHEREAS, the purpose of this Agreement is to establish scope of services and other conditions for the cutting, baling, and removing of hay from the Sludge Management Site (hereinafter "SMS"), as defined in Volume Five (5) Sludge Management Plan, of Operations and; WHEREAS, Operations Management International, Inc., (hereinafter "OMI") manages the SMS for the City of F:.yetteville and herein acts as the agent of the City in the adm:n:stration of this agreement. NOW, THEREFORE, OMI and Contractor have concluded the following: 1. AGREEMENT INTRODUCTION 1.1 The above preamble is part of this Agreement. 1.2 This Agreement shall supersede and nullify from the date hereof all previous offers, representations, and warranties made, whether written or verbal retween the two parties with respect to the cutting, os -:ng, and removal of hay from the SMS. 1.3 This Agreement, including its referred appendices and amendments, is the entire Agreement between the City and Contractor with respect to the cutting, baling, and removal of hay from the SMS. DEFINITIONS "Barn" is defined as that particular structure located on the SMS and designated to be used by Ccntractor to store hay generated from the SMS. 2.2 "Duly Authorized Representative" means a specific representative from each of the two parties that will be designated by written notification upon the effective date of this Agreement. • 2.3 "Parcel" is defined as that specific piece of property at the SMS assigned to Contractor on which he will be responsible for carrying out the work prescribed. 2.4 "Equipment" is will be used to the SMS. defined as all pieces of machinery that cut, rake, bale, and remove the hay from 2.5 "ADPC&E" means Arkansas Department of Pollution Control and Ecology. 2.6 2.7 2.8 2.9 "EPA" means United Agency. States Environmental Protection "Labor" is defined as the necessary amount of people to properly cut, rake, bale, and remove the hay from the SMS. "Hay" is the SMS. defined as that crop grown on and removed from "Cutting of Hay" is defined as one complete circuit of the SMS including cutting, raking, baling, and removing of the hay grown since the last circuit. LOCATION Contractor agree cutting, raking, assigned to him, s to provide ail service necessary for baling, and removing the hay from the parcel shown in Exhibit 1 and described as follows: Section 3 4. OWNERSHIP A11 facilities and equipment within the boundaries of the SMS as described in Article 3 herein shall remain the property of Fayetteville. Contractor shall have access to all facilities of the SMS that are considered necessary by OMI for contractor to fulfill his obligations under this Agreement. 5. SCOPE OF SERVICES 5.1 Overall Scope The scope of this contract shall be: • • • The SMS has been designated as the disposal site for Fayetteville's municipal sludge. This sludge will be applied by OMI using traveling irrigation guns and subsurface applicators at a rate not to exceed 300 pounds of plant available nitrogen per acre pre year. Following sludge application, the site will be irrigated with pollution control facility effluent applied in accordance with EPA and ADPC&E guidelines. The crop grown at the SMS will be a midland variety of Bermuda grass and is intended to be harvested as hay. Contract agrees to mow, rake, bale, and dispose of the hay grown on the parcel to which he is assigned. Contractor further agrees to physically remove hay from the field within the specified time. 5.2 Contractor's Responsibilities 5.2.1 Contractor shall submit to OMI a list of all equipment that will be used on the SMS in the cutting, raking, baling, and transporting of the hay. (OMI accepts no liability or responsibility for inspecting Contractor's equipment). 5.2.2 Contractor shall maintain his equipment in good working order and repair as necessary to ensure proper timely cutting, raking, and baling of the hay. 5.2.3 Contractor shall remove from the fields all baled hay in accordance with the monthly harvesting and sludge application schedules. Should contractor fail to comply with the baling and removal requirements set forth, the City may bale and/or remove the hay at contractor's expense. 5.2.4 Contractor shall have the use of half of a storage barn. The storage space and availability of said barn will be managed and controlled bv OMI. 5.2.5 Contractor has the right to place an above ground fuel tank on-site, but the exact location must be approved bv OMI. 5.2.6 Contractor agrees to harvest the crop at any stage of maturity and remove it from the fields in a timely manner as directed by OMI. Contractor agrees to remove the hay from the SMS at his own expense. 5.2.7 Contractor shall provide a written plan within ten (10) days of contract award. This plan shall provide for compliance with contract obligations in 3 , 4 the event of equipment or labor shortage/unavailability. 5.2.8 Contractor agrees to leave the property clean of windrows. string, baling wire, trash, etc. 5.2.9 Contractor agrees to repair all field damage including tire ruts resulting from his operations within two (2) days, weather permitting. 5.2.10 Should the Contractor fail to comply with the requirements set forth in 5.2.8 and/or 5.2.9 above, the City may clean and/or repair the property at Contractor's expense. 5.2.11 Contractor agrees to pay for damage to the City's equipment, buildings, and/or appurtenances caused by Contractor's negligent or wrongful acts. 5.2.12 Contractor agrees to keep the site locked at all times while he is not working on the site. The City will furnish locks as needed. 5.2.13 Contractor agrees to utilize the hay accordance with the guidelines found in "Guidelines for Application of Sludge," ADPC&E, in cooperation with the Arkansas Department of Health; United States Department of Agriculture, Soil Conservation Service; and Cooperative Extension Service, dated April 7, 1983, 4th draft, Appendix 1. 5.2.14 The Contractor agrees to submit each load of hay to be counted or otherwise accounted for, before removing said load from site. 5.2.15 Contractor agrees to have weighed. by independent scale operator, one load of each type of bale removed from site, during each separate cutting of hay. The Contractor shall submit original scale tickets to OMI. 5.3 OMI's Responsibilities 5.3.1 OMI shall apply sludge and irrigation water in accordance with ADPC&E requirements. 5.3.2 GMI shall submit to Contractor the Pian of Operation for the Fayetteville SMS, Appendix Ii. 5.3.3 GMI shall apply all required supplemental fertilizer, herbicide, and lime. • • • • or 5.3.4 OMI shall provide Contractor with a monthly harvesting and sludge application schedule twenty (20) days prior to commencement of harvesting. 5.3.5 OMI shall coordinate all activities on the SMS site. 6. COMPENSATION 6.1. The Contractor agrees to pay to OMI $ 8.10 per Lon of hay cut, baled, and removed from the SMS. 6.2 The Contractor agrees to provide payment for hay removed from site on or about the first day of the month following the removal of said hay. 6.3 The Contractor agrees to provide payment for hay stored on site on or about the first day of November of each year. 6.4 The City will not charge the Contractor for hay determined by OMI to be excessively damaged. Under no circumstances however will the Contractor be relieved of his duty to harvest and remove hay, even that which is determined to be excessively damaged. 7. INDEMNITY AND LIABILITY 7 1 Contractor agrees to indemnify and hold harmless the City and officers, and employees from any liability or damages for property damaged or bodily injury, including death, which may arise due to any action that is controlled by Contractor on the SMS site. 7.2 Contractor agrees to and shall hold the City and OMI harmless in any actions that may arise in lawsuit resulting from the use or disposal of the hay. OND Contractor sha.r—ain-a_performanbendt Fie amount of $75.00 per acre that is_ ss�-h4m- f of cutting, raking, and balin -the—SW site. -- 9 INSURANCE Each party shall obtain and maintain insurance coverage of a type and in the amounts described in Appendix C. 5 • 4 10. TERN AND TERMINATION • or 10.1 This Agreement shall commence on June 1, 1990 and expire on May 31, 1991. 10.2 This Agreement may be terminated by either party without cause to other party by submitting a ninety (90) day written notice. 11. NOTICE All notices shall be in writing and delivered in person or transmitted by certified mail, return receipt requested, postage prepaid, to the addresses noted in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to he executed as of the date first written above. Attest: By: AMA City Cl CITY OF FAXE'TTTEEV/I� ARKANSAS GttiGv' (/ %� Attest: By: 567soL/Gel.1-. Title: Sr. Acc'' nting Specialist OPERATIQI* MANiNTERNATIONAL,INC. By: Title: President CONTRACTOR ,1 By:C J YJ. ..441,/1/ L.Q.jot Skeltor. Title: Attest: By: Title: 6 • • • • • • • EXI LIiIT 1 CITY OF FAYETTEVILLE REQUEST FOR PROPCSAL RFP NO. 90-1C HAY HARVESTING • The City of Fayetteville and OMI, as contract operator for the City of Fayetteville's Pollution Control Facility and Sludge Application S ite, hereby requests proposals for contract hay harvesting. The area under consideration is a 600 acre Midland Bermuda grass farm where municipal sludge is applied at agronomic rates. This farm is located on Wyman Road east of the White River's Wyman Bridge. All sludge, supplemental fertilizer, lime, and weed control will be directed by O`1I. Interested parties may propose on one or all four sites consisting of site one (approximately 2C2 acres, South West Section), site two (Approximately 105 acres, Northwest Section), site three (Approximately 112 acres, South East Section), site four (Approximately 104 acres, North East Section) for cutting, raking, bailing, and removing the hay in a timely fashion in accordance with harvest schedules set by OMI. All proposals should include a list of equipment and personnel, a description of harvest operations, a backup plan to guarantee harvest schedule compliance, and the amount per ton the applicant is willing to pay for the hay. The negotiated contract will cover a one year harvest period. For appointment to view the four sites contact Roy Reed (501) 444-0717 or Billy Ammons (501) 443-3292. The site will be shown May 4,7,& 8 between 8:CO am thru 4:00 pm. Proposals will be evaluated in accordance with the City's Professional Services Policy, however final selection will be based on qualifications and price per ton. All proposals must be received by 10:30 A.M May 10, 1990. Proposals should be submitted to: Purchasing Officer City Administration Building Room 307 113 West Mountain Fayetteville, AR 72701 P ublish 5/2/9C For Billing Purposes Please Refer to P.O. X23466 • • • • Appendix C INSURANCE COVERAGE Contractor shall maintain: • 1. Statutory worker's compensation for all of Contractor's employees at the SMS as required by the State of Arkansas. 2 Comprehensive general liability insurance in an amount not less than $30C,000 combined single limits for bodily injury and/or property damage. 3 Automobile liability and property damage insurance for all vehicles owned and operated by Contractor under this Agreement. OMI shall maintain: 1 Comprehensive general liability insurance in an amount not less than $1,000,000 combined single limits for bodily injury and/or property damage. Each party will name the other as an additional insured on all appropriate poiicies. • • FARM BUREAU MUTUAL INSURANCE CQ. OF ARKANSAS INCORPORATED FARM BJREAU CENTER • P.0 BOX 31 • LITTLE ROCK. ARKANSAS 72203.0031 GENERAL LIABILITY POLICY DECLARATIONS THE DECLARAT IONS OF THE POUCY INDICATED HE REO%ARE SJBIECT TO ALL OTHER TE PMS DEFINITRIO4NS. EXCLUSIONS AND CONDITIONS OF THE POUCY AND REPLACE ALL PREY OUS Y SSUE^ 'T DECLARATIONS AND SHOULD BE AA„R4 HED TO AND BECOMt 4 RRVANJPJ' PAJT OF YOUR PQDCY 1. POLICY PERIOD The term of the Poi cy shall be From the L` {y 3L/07 EFFECTIVE DATE OF 09/16/85 TO Q9/I6/50 1201AM. standard time THE POLICY MAY BE EXTENDED FOP PERIODS OF 0%E YEAR PROVIDED THE PREMIUM (INCLUDING AUDIT PREM L.Ml 15 PAID AND ACCEPTED BY THE COMPANY. PRIOR TO THE EXPIRATION DATE FAILURE OF THE INSURED TC PROVIDE NECESSAPY AUDIT INFORMATION. AND TO PAY THE PREMIUM SHALL BE DEEMED A REOUEST FOR CANCELLATION OF 'HE POLICY 3 NAME AND ADDRESS OF INSURED 1 - 1 HARRY KING 2 EAFEARA ICING 3 AGENT'S FILE COPY • MEMBERSHIP NO Ell MC CENTER ELMIiIS AR 727,7 L_ POLICY NUMBER DECL N( 61273170 4 TAY CODE ;RECEIVED AUG t 7 1989 Irsurance eroded is rely with respect to such and so many 01 the coverages es are rdtcated by spec he premium charge The mit 01 the Germany's liability 4 COVERAGES AFFORDED against each such coverage shall be as stated herein subletto a terms of the policy having reference therm r COVERAGE Al PUBLIC BODILY t JURY LNBIU'Y um- or uAO L1 v EACH OCCJPRENCE 330.00C' COVERAGE A 2 EMP -OVERS BOO Y INJURY JA&JTY TO FAPM EMPLOYEES UMR OF WBJTY EACH PERSON 10.OGL. EACH ryj„pfLM E 530°0 COVERAGE B PROPERLY DAMAGE JABIUTY (SUBJECT ID CHEMICAL DEDUCIBLE. uMn OF JAIME Tv EACH OCCURRENCE 1C0,00J COJFAAGEC MESICA- PAYMENTS UMr OF UABUTY EACY PERSON 5.OG.) JMIT Of UABILPY EACH OCCJRRFNCF 53•COO BASIS OF ADVANCED ESTIMATED PREMIUM COVERAGE D DEAN OF .NFSTOCK ON PUBUC .IIGHWAY JMrt OF L4BUTY EACH ANIMAL 4Q-0.CC COVERAGE E FARM PRODUCTS UABLrY UMI OF LIABJTl AGGREGA-E filth OCCURRENC• 5.00 5 PERSONAL LIABI. TY AND FARM COVERAGES A PERSONAL AND FARM PREMISES OWNED RENTFC OP CON'RO-LEC BY THE %SURED %CL..DES PERSONAL ACT IVT IES AND $500 OF REGJ.AP FARM PAY ROLI AND $500 CJST OM FARMING RFCEIP-S) ' PERSONA. RESIDENCE LOCATION S•C 3t TAI' 161J RC 29•. tLiKIN: riASHINuTot$ CU.* Ak IiiC 2 FARM LANG AND VACANT LAND TOTAL ACREAGE 440 LOCATION *ASO NvTGN GO• • Ah 3 VACANT LOTS NUMBER LOCATION a ADDrIO%AL RESIDENCE (NC COVERAGE ..%LESS SFOWNI NUMBER LOCA -10% 73.0 - El BOATS (NO COVERAGE UNLESS SHOWN) 1 2 3 C SEPARATE FARM PREM'SES.TOTAL NUMBER IS 4 0 PARTNERSHIP PERSONAL LIABILITY -NUMBER OF PAPTNE PS 15 EACH LOCATION EACH PAgTNEP• E EST MATED REGULAR LABOR TOTAL PAYROLL OVER $500 IF ANY C 1.74'3 F EST MATED PICKERS AND CHOPPERS 101AL PAYROLL I5 IF ANY ca • E4 G &ARM TENANT FAMILIES -TOTAL NUMBER IS IF ANY C 9 . tFl. H FAPM PRODUCTS LABIL TY -ABOVE $5 000 LIMITS F ARM PRODUCE GROSS SALES ARE PER $130 PER $t0C PEP FAN.Y Ca AIL AIL • All 1 C..57010FARM %G-FS'1MA'EC GROSS RECEIPTS OVER $50000 ARE 1E --- l J EbT•MATED NUMBER OF ANIMALS FROM 101 TO 3C,C. 6. BUSINESS - OTHER THAN FARM'NG (NO COVERAGE UNLESS SHOWN)* DESCRIPTION AND LOCATION CODE 14n• .'' PREMIUM BASIS RATE 1 ENDORSEMENTS AND ADDITONAL COVERAGE PARTS—FORM$ 1 7 • FINAL PREMIUM TO BE DETERMINED BY AUD AT END Or POLICY PER OD COUNTERS GNED 707'`` TOTAL ESTIMATED ANNUAL PRE CHANGE PRFNIUM AUDIT PREP 'US - APUUNT PAI): DATE DUE 09/16/8' PAY THIS AMT sz.c. .0., .c. .0 92.CC. • AGREEMENT• FOR LABOR AND EQUIPMENT TO HARVEST HAY OFF THE SLUDGE MANAGEMENT SITE This AGREEMENT is made on thisl5th day of May 1990, between Billy Dale Thomas. (hereinafter "Contractor"), whose address is for any formal notice is Rt. 2. Box 400, Prairie Grove, Arkansas 72753, 501-846-3219 and the City of Fayetteville, a municipal corporation, (hereinafter "City"), whose address is for any formal notice is 113 West Mountain, Fayetteville, Arkansas 72701. W I T N E S S E T H: WHEREAS, the purpose of this Agreement is to establish scope of services and other conditions for the cutting, baling, and removing of hay from the Sludge Management Site (hereinafter "SMS"), as defined in Volume Five (5) Sludge Management Plan, of Operations and: WHEREAS, Operations Management International, Inc., (hereinafter "OM1") manages the SMS for the City_ of Fayetteville and herein acts as the agent of the City in the administration of this agreement. NOW, THEREFORE, OMI and Contractor have concluded the following: 1. AGREEMENT INTRODUCTION 1.1 The above preamble is part of this Agreement. 1.2 This Agreement shall supersede and nullify from the date hereof all previous offers. representations, and warranties made, whether written or verbal, between the two parties with respect to the cutting, baling, and removal of hay from the SMS. 1.3 This Agreement, including its referred appendices and amendments, is the entire Agreement between the City and Contractor with respect to the cutting, baling, and removal of hay from the SMS. 2 DEFINITIONS 1 "Barn" is defined as that particular structure locatea on the SMS and designated to be used by Contractor to store hay generated from the SMS. 2.' "Duly Authorized Representative" means a specific representative from each of the two parties that will be designated by written notification upon the effective date of this Agreement. • 2.3 "Parcel" is defined as that specific piece of property at the SMS assigned to Contractor on which ne will be responsible for carrying out the work prescribed. 2.4 "Equipment" is defined as all pieces of machinery that will be used to cut, rake, bale, and remove the hay from the SMS. 2.5 "ADPC&E" means Arkansas Department of Pollution Control and Ecology. 2.6 "EPA" means United States Environmental Protection Agency. "Labor" is defined as the necessary amount of people to properly cut, rake, hale, and remove the hay from the SMS. 2.8 "Hay" is defined as that crop grown on and removed from the SMS. 2.9 "Cutting of Hay" is defined as one complete circuit of the SMS including cutting, raking, baling, and removing of the hay grown since the last circuit. 3. LOCATION Contractor agrees to provide all service necessary for cutting, raking, baling, and removing the hay from the parcel assigned to him, shown in Exhibit 1 and described as follows: Section 1 OWNERSHIP All facilities and equipment within the boundaries of the SMS as described in Article 3 herein shall remain the property of Fayetteville. Contractor shall have access to all facilities of the SMS that are considered necessary by OMI for contractor to fulfill his obligations under this Agreement. 5. SCOPE OF SERVICES 5.1 Overall Scope The scope of this contract shall be: 2 • • The SMS has been designated as the disposal site for Fayetteville's municipal sludge. This sludge will be applied by OMI using traveling irrigation guns and subsurface applicators at a rate not to exceed 300 pounds of plant available nitrogen per acre pre year. Following sludge application, the site will be irrigated with pollution control facility effluent applied in accordance with EPA and ADPC&E guidelines. The crop grown at the SMS will be a midland variety of Bermuda grass and is intended to be harvested as hay. Contract agrees to mow, rake, bale, and dispose of the hay grown on the parcel to which he is assigned. Contractor further agrees to physically remove hay from the field within the specified time. 5.2 Contractor's Responsibilities 5.2.1 Contractor shall submit to OMI a list of all equipment that will be used on the SMS in the cutting, raking, baling, and transporting of the hay. (OMI accepts no liability or responsibility for inspecting Contractor's equipment). 5.2.2 Contractor shall maintain his equipment in good working order and repair as necessary to ensure proper timely cutting, raking, and baling of the hay. 5.2.3 Contractor shall remove from the fields all baled hay in accordance with the monthly harvesting and sludge application schedules. Should contractor fail to comply with the baling and removal requirements set forth, the City may bale and/or remove the hay at contractor's expense. 5.2.4 Contractor shall have the use of half of a storage barn. The storage space and availability of said barn will be managed and controlled by OMI. 5.2.5 Contractor has the right to place an above ground fuel tank on-site, but the exact location must be approved by OMI. 5.2.6 Contractor agrees to harvest the crop at any stage of maturity and remove it from the fields in a timely manner as directed by OMI. Contractor agrees to remove the hay from the SMS at his own expense. 5.2.7 Contractor shall provide a written plan within ten (10) days of contract award. This plan shall provide for compliance with contract obligations in 3 • • • • the event of equipment or labor shortage/unavailability. 5.2.8 Contractor agrees to leave the property clean of windrows, string, baling wire. trash, etc. 5.2.9 Contractor agrees to repair all field damage including tire ruts resulting from his operations within two (2) days, weather permitting. 5.2.10 Should the Contractor fail to comply with the requirements set forth in 5.2.8 and/or 5.2.9 above, t he City may clean and/or repair the property at Contractor's expense. 5.2.11 Contractor agrees to pay for damage to the City's equipment, buildings, and/or appurtenances caused by Contractor's negligent or wrongful acts. 5.2.12 Contractor agrees to keep the site locked at all t imes while he is not working on the site. The City will furnish locks as needed. 5.2.13 Contractor agrees to utilize the hay accordance with the guidelines found in "Guidelines for Application of Sludge," ADPC&E, in cooperation with. the Arkansas Department of Health; United States Department of Agriculture, Soil Conservation. Service; and Cooperative Extension Service, dated April 7, 1983, 4th draft, Appendix 1. 5.2.14 The Contractor agrees to submit each load of hay to be counted or otherwise accounted for, before removing said load from site. 5.2.15 Contractor agrees to have weighed, by independent scale operator, one load of each type of bale removed from site, during each separate cutting of hay. The Contractor shall submit original scale t ickets to OMI. 5.3 OMI's Responsibilities 5.3.1 OMI shall apply sludge and irrigation water in accordance with ADPC&E requirements. 5.3.2 OMI shall submit to Contractor the Plan of Operation for the Fayetteville SMS, Appendix TT. 3.3.3 OMI shall apply all required supplemental fertilizer, herbicide, and lime. li • • 5.3.4 OMI shall provide Contract with a monthly harvesting and sludge application schedule twenty (20) days prior to commencement of harvesting. 5.3.5 OMI shall coordinate all activities on the SMS site. 6. COMPENSATION 6.1. The Contractor agrees to pay to OMI $ 6.00 per ton of hay cut, baled, and removed from the SMS. 6 2 The Contractor agrees to from site on or about following the removal of provide payment for hay removed the first day of the month said hay. 6 3 The Contractor agrees to provide payment for hay stored on site on or about the first day of November of each year. 6.4 The City will not charge the Contractor for hay determined by OMI to be excessively damaged. Under no circumstances however will the Contractor be relieved of his duty to harvest and remove hay, even that which is determined to be excessively damaged. 7. INDEMNITY AND LIABILITY 7.1 Contractor agrees to indemnify and hold harmless the City and officers, and employees from any liability or damages for property damaged or bodily injury, including death, which may arise due to any action that is controlled by Contractor on the SMS site. 7.2 Contractor agrees to and shall hold the City and OMI harmless in any actions that may arise in lawsuit resulting from the use or disposal of the hay. ----BOND Contractor $75.00 per and baling - 9. INSURANCE shall obtainTAT:_panf-eawionvErona in the amount of acr__e, tl t-irassigned to him for'cutting, rakjn$, AE the SMS site. Each party shall obtain and maintain insurance coverage of a type and in the amounts described in Appendix C. 5 • • • • 10. TERM AND TERMINATION 10.1 This Agreement shall commence on June 1, 1990 and expire on May 31, 1991. 10.2 This Agreement may be terminated by either party without cause to other party by submitting a ninety (90) day written notice. 11. NOTICE All notices shall be in writing and delivered in person or transmuted by certified mail, return receipt requested, postage prepaid, to the addresses noted in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. Attest: Attest: Bye CITY OF FA/dYETTEVILLE: ARKANSAS OPERATI By: Title: Tit e: Sr. Acq€unting Specialist Attest: By: Title: Pesident CONTRACTOR By:152 C Bill f+ Dale Thomas Title: yT ERNATIOtiAL,INC. 6 • • Appendix C INSURANCE COVERAGE Contractor shall maintain: 1. Statutory worker's compensation for all of Contractor's employees at the SMS as required by the State of Arkansas. 2. Comprehensive general liability insurance in an amount not less than $300,000 combined single limits for bodily injury and/or property damage. 3. Automobile liability and property damage insurance for all vehicles owned and operated by Contractor under this Agreement. OMI shall maintain: 1. Comprehensive general liability insurance in an amount not less than $1,000,000 combined single limits for bodily injury and/or property damage. Each party will name the other as an additional insured on all appropriate policies. 7 • • • • FM= 1 CITY OF FAYETTEV LLE REQUEST FOR PROPOSAL RFP NO. 90-10 HAY HARVESTING The City of Fayetteville and OMI, as contract operator for the City of Fayetteville's Pollution Control Facility and Sludge Application Site, hereby requests proposals for contract hay harvesting. The area under consideration is a 600 acre Midland Bermuda grass farm where municipal sludge is applied at agronomic rates. This farm is located on Wyman Road east of the White River's Wyman Bridge. All sludge, supplemental fertilizer, lime, and weed control will be directed by OMI. Interested parties may propose on one or all four sites consisting of site one (approximately 202 acres, South West Section), site two (Approximately 105 acres, Northwest Section), site three (Approximately 112 acres, South East Section), site four (Approximately 104 acres, North East Section) for cutting, raking, bailing, and removing the hay in a timely fashion in accordance with harvest schedules set by CMI. All proposals should include a list of equipment and personnel, a description of harvest operations, a backup plan tc guarantee harvest schedule compliance, and the amount per ton the applicant is willing to pay for the hay. The negotiated contract will cover a one year harvest period. For appointment to view the four sites contact Roy Reed (501) 444-0717 or Billy- Ammons (501) 443-3292. The site will be shown May 4,7,& 8 between 8:00 am thru 4:00 pm. Proposals will be evaluated in accordance with the City's Professional Services Policy, however final selection will be based on qualifications and price per ton. All proposals must be received by 10:30 A.M May 10, 1990. Proposals should be submitted to: Purchasing Officer City Administration Building Room 307 113 West Mountain Fayetteville, AR 72701 Publish 5/2/93 For Billing Purposes Please Refer to P.O. #23466 • AGREEMENT• FOR LABOR AND EQUIPMENT TO HARVEST HAY OFF THE SLUDGE MANAGEMENT SITE • This AGREEMENT is made on this 19th day of may 1990, between Bob Spears, (hereinafter "Contractor"), whose address is for any formal notice is Rt. 1, Box 75, Farmington, Arkansas, 72730, 501-267-3913 or 501-267-2301, and the City of Fayetteville, a municipal corporation, (hereinafter "City"), whose address is for any formal notice is 113 West Mountain, Fayetteville, Arkansas 72701. W 1 T NES SET H: WHEREAS, the purpose of this Agreement is to establish scope of services and other conditions for the cutting, baling, and removing of hay from the Sludge Management Site (hereinafter "SMS"), as defined in Volume Five (5) Sludge Management Plan, of Operations and; WHEREAS, ODerat_ons Management international, Inc., (hereinafter "OMI") manages the SMS for the City of Fayetteville and herein acts as the agent of the City in the administration of this agreement. NOW, THEREFORE, OMT_ and Contractor have concluded the following: 1 AGREEMENT INTRODUCTION J.J. The above preamble is part of this Agreement. 1.2 This Agreement shall supersede and nullify from the date hereof all previous offers, representations, and warranties made, whether written or verbal, between the two parties with respect to the cutting, haling, and removal of hay from the SMS. 1.3 This Agreement, including its referred appenoxces and amendments, is the entire Agreement between the City and Contractor with respect to the cutting, baling, and removal of hay from the SMS. 2 DEFINITIONS 2.1 "Barn" is defined as that particular structure located on the SMS and designated to be used by Contractor to store hay generated from the SMS. 2.2 "Duly Authorized Representative" means a specific representative from each of the two parties that will be designated by written notification upon the effective date of this Agreement. • • • • 2.3 "Parcel" is defined as that specific piece of property at the SMS assigned to Contractor on which he will be responsible for carrying out the work prescribed. 2.4 "Equipment" is defined as all pieces of machinery that will be used to cut, rake, bale, and remove the hay from the SMS. 2.5 "ADPC&E" means Arkansas Department of Pollution Control and Ecology. 2.6 "EPA" means United States Environmental Protection Agency. 2.7 "Labor" is defined as the necessary amount of people to properly cut, rake, bale, and remove the hay from the SMS. 2.8 "Hay" is defined as that crop grown on and removed from the SMS. 2.9 "Cutting of Hay" is defined as one complete circuit of the SMS including cutting, raking, baling, and removing of the hay grown since the last circuit. 3. LOCATION Contractor agrees to provide all service necessary for cutting, raking, baling, and removing the hay from the parcel assigned to him, shown in Exhibit 1 and described as follows: Section 2 4. OWNERSHIP All facilities and equipment within the boundaries of the SMS as described in Article 3 herein shall remain the property of Fayetteville. Contractor shall have access to all facilities of the SMS that are considered necessary by OMI for contractor to fulfill his obligations under this Agreement. SCOPE OF SERVICES 5.1 Overall Scope The scope of this contract shall be: 2 • The SMS has been designated as the disposal site for Fayetteville's municipal sludge. This sludge will be applied by OMI using traveling irrigation guns and subsurface applicators at a rate not to exceed 300 pounds of plant available nitrogen per acre pre year. Following sludge application, the site will be irrigated with pollution control facility effluent applied in accordance with EPA and ADPC&E guidelines. The crop grown at the SMS will be a midland variety of Bermuda grass and is intended to be harvested as hay. Contract agrees to mow, rake, bale, and dispose of the hay grown on the parcel to which he is assigned. Contractor further agrees to physically remove hay from the field within the specified time. 5.2 Contractor's Responsibilities 5.2.1 Contractor shall submit to OMI a list of all equipment that will be used on the SMS in the cutting, raking, baling, and transporting of the hay. (OMI accepts no liability or responsibility for inspecting Contractor's equipment). 5.2.2 Contractor shall maintain his equipment in good working order and repair as necessary to ensure proper timely cutting, raking, and baling of the hay. 5.2.3 Contractor shall remove from the fields all baled hay in accordance with the monthly harvesting and sludge application schedules. Should contractor fail to comply with the baling and removal requirements set forth, the City may bale and/or remove the hay at contractor's expense. 5.2.4 Contractor shall have the use of half of a storage barn. The storage space and availability of said barn will be managed and controlled by OMI. 5.2.5 Contractor has the right to place an above ground fuel tank on-site, but the exact location must be approved by OMI. 5.2.6 Contractor agrees to harvest the crop at any stage of maturity and remove it from the fields in a timely manner as directed by OMI. Contractor agrees to remove the hay from the SMS at his own expense. 5.2.7 Contractor shall provide a written plan within ten (10) days of contract award. This pian shall provide for compliance with contract obligations in 3 • • the event of equipment or labor shortage/unavailability. 5.2.8 Contractor agrees to leave the property clean of windrows. string, baling wire, trash, etc. 5.2.9 Contractor agrees to repair all field damage including tire ruts resulting from his operations within two (2) days, weather permitting. 5.2.10 Should the Contractor fail to comply with the requirements set forth in 5.2.8 and/or 5.2.9 above, the City may clean and/or repair the property at Contractor's expense. 5.2.11 Contractor agrees to pay for damage to the City's equipment, buildings, and/or appurtenances caused by Contractor's negligent or wrongful acts. 5.2.'2 Contractor agrees to keep the site locked at all times while he is not working on the site. The City will furnish locks as needed. 5.2.13 Contractor agrees to utilize the hay accordance with the guidelines found in "Guidelines for Application of Sludge," ADPC&E, in cooperation with the Arkansas Department of Health; United States Department of Agriculture, Soil Conservation Service; and Cooperative Extension Service, dated April 7, 1983, 4th draft, Appendix 1. 5.2.14 The Contractor agrees to submit each load of hay to be counted or otherwise accounted for, before removing said load from site. 5.2.15 Contractor agrees to have weighed, by independent scale operator, one load of each type of bale removed from site, during each separate cutting of hay. The Contractor shall submit original scale tickets to OMI. 5.3 OMI's Responsibilities 5.3.1 OMI shall apply siudge and irrigation water in accordance with ADPC&E requirements. 5.3.2 OMI shall submit to Contractor the Plan of Operation for the Fayetteville SMS, Appendix II. 5.3.3 OMI shall apply all required supplemental fertilizer, herbicide, and lime. 4 5.3.4 OMI shall provide Contractor with a monthly harvesting and sludge application schedule twenty (20) days prior to commencement of harvesting. 5.3.5 OMI shall coordinate all activities on the SMS site. 6. COMPENSATION 6.1. The Contractor agrees to pay to OMI $ 8.00 ton of hay cut, baled, and removed from the SMS. per 6.2 The Contractor agrees to provide payment for hay removed from site on or about the first day of the month following the removal of said hay. 6.3 The Contractor agrees to provide payment for hay stored on site on or about the first day of November of each year. 6.4 The City will not charge the Contractor for hay determined by OMI to be excessively damaged. Under no circumstances however will the Contractor be relieved of his duty to harvest and remove hay, even that which is determined to be excessively damaged. 7. INDEMNITY AND LIABILITY 7.1 Contractor agrees to indemnify and hold harmless the City and officers, and employees from any liability or damages for property damaged or bodily injury, including death, which may arise due to any action that is controlled by Contractor on the SMS site. 7.2 Contractor agrees to and shall hold the City and OMI harmless in any actions that may arise in lawsuit resulting from the use or disposal of the hay. • • Contractor shall "fain a performance bond_in—t-he amounuTof $75.00 per ac -t-hat-i-s-as ed to him for cutting, raking, and g at the SMS site. INSURANCE Each party shall obtain and maintain insurance coverage of a type and in the amounts described ir. Appendix C. 5 • 10. TERM AND TERMINATION 10.1 This Agreement shall commence expire on May 31, 1991. • on June 1, 1990 and 10.2 This Agreement may be terminated by either party without cause to other party by submitting a ninety '90) day written notice. 11 NOTICE All notices shall be in writing transmitted by certified mail, postage prepaid, to the addresses and delivered in person or return receipt requested, noted in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. Attest: By: .. City C1 r ��o.2 Attest: By: Y% Title: Sr. Acco CITY OF YETTEVILLE,> SAS By: .LI.IGogirt/6 Title: inting Specialist CONTRACTOR By: /.r/ ` 4-t!. =. - Bob Spears Title: Attest: By: Title: • • • • • • • am= 1 CITY OF FAYE':TEVILLE REQUEST FOR PROPOSAL RFP NO. 90-1C IiAY HARVESTING • The City of Fayetteville and OMI, as contract operator for the City of Fayetteville's Pollution Control Facility and Sludge Application Site, hereby requests proposals for contract hay harvesting. The area under consideration is a 600 acre Midland Bermuda grass farm where municipal sludge is applied at agronomic rates. This farm is located on Wyman Road east of the White River's Wyman Bridge. All sludge, supplemental fertilizer, lime, and weed control will be directed by OMI. Interested parties may prcpose on one or all four sites consisting of site one (approximately 2C2 acres, South West Section), site two (Approximately 105 acres, Northwest Section), site three (Approximately 112 acres, South East Section), site four (Approximately 104 acres, North East Section) for cutting, raking, bailing, and removing the hay in a timely fashion in accordance with harvest schedules set by OMI. All proposals should include a list of equipment and personnel, a description of harvest operations, a backup plan to guarantee harvest schedule compliance, and the amount per ton the applicant is willing to pay for the hay. The negotiated contract will cover a one year harvest period. For appointment to view the four sites contact Roy Reed (501) 444-0717 or Billy Ammons (501) 443-3292. The site will be shown May 4,7,& 8 between 8:00 am thru 4:00 pm. Proposals will be evaluated in accordance with the City's Professional Services Policy, however final selection will be based on qualifications and price per ton. All proposals must be received by 10:3C A.M May 10, 1990. Proposals should be submitted to: Purchasing Officer City Administration Building Room 307 113 West Mountain Fayetteville, AR 72701 Publish 5/2/90 For Billing Purposes Please Refer to P.O. 423466 • • Appendix C INSURANCE COVERAGE Contractor shall maintain: 1. Statutory worker's compensation for all of Contractor's employees at the SMS as required by the State of Arkansas. 2. Comprehensive general liability insurance in an amount not less than $300,000 combined single limits for bodily injury and/or property damage. 3. Automobile liability and property damage insurance for all vehicles owned and operated by Contractor under this Agreement. OMI shall maintain: 1. Comprehensive general liability insurance in an amount not less than $1,000,000 combined single limits for bodily injury and/or property damage. Each party will name the other as an additional insured on all appropriate policies. 7 AGREEMENT FOR LABOR AND EQUIPMENT TO HARVEST HAY OFF THE SLUDGE MANAGEMENT SITE This AGREEMENT is made on this 4t-' day of 1990, between Leon Rose, (hereinafter "Contractor"), whose address is for any formal notice is Rt. 1, Box 75, Bentonville, Arkansas 72712, 501-273-5058. and the City of Fayetteville, a municipal corporation, (hereinafter "City"), whose address is for any formal notice is 113 West Mountain, Fayetteville, Arkansas 72701. • W I T N E S SET H: WHEREAS, the purpose of this Agreement is to establish scope of services and other conditions for the cutting, baling, and removing of hav from the Sludge Management Site (hereinafter "SMS"), as defined in Volume Five (5) Sludge Management Plan, of Operations and; WHEREAS, Operations (hereinafter "OMI") manages and herein acts as the agent this agreement. Management International, Inc., the SMS for the City of Fayetteville of the City in the administration of NOW, THEREFORE, UMI and Contractor have concluded the Following: 1. AGREEMENT INTRODUCTION 1.] The above preamble is part of this Agreement. 1.2 This Agreement shall supersede and nullify from the date hereof all previous offers, representations, and warranties made, whether written or verbal, between the two parties with respect to the cutting, baling, and removal of hay from the SMS. 1.3 This Agreement, including its referred appendices and amendments, is the entire Agreement between the City and Contractor with respect to the cutting, baling, and removal of hay from the SMS. 2. DEFINITIONS 2.1 "Barn" is defined as that particular structure located on the SMS and designated to be used by Contractor to store hay generated from the SMS. 2.2 "Duly Authorized Representative" means a specific representative from each of the two parties that will be designated by written notification upon the effective date of this Agreement. 1 go'1' •. 2.3 "Parcel" is defined as that specific piece of property at the SMS assigned to Contractor on which he will be responsible for carrying out the work prescribed. 2 4 "Equipment" is defined as all pieces of machinery that will be used to cut, rake, bale, and remove the hay from the SMS. 2 5 "ADPC&E" means and Ecology. 2 6 "EPA" means Agency. Arkansas Department of Pollution Control United States Environmental Protection 2.7 "Labor" is defined as the necessary amount of people to properly cut, rake, bale, and remove the hay from the SMS. 2.8 "Hay" is the SMS. defined as that crop grown on and removed from 2.9 "Cutting of Hay" is defined as one complete circuit of the SMS including cutting, raking, baling, and removing of the hay grown since the last circuit. 3. LOCATION Contractor agrees to provide all service necessary for cutting, raking, baling, and removing the hay from the parcel assigned to him, shown in Exhibit 1 and described as follows: Section 4 4. OWNERSHIP All facilities and equipment within the boundaries of the SMS as described in Article 3 herein shall remain the property of Fayetteville. Contractor shall have access to all facilities of the SMS that are considered necessary by OMI for contractor to fulfill his obligations under this Agreement. 5. SCOPE OF SERVICES 5.1 Overall Scope The scope of this contract shall be: 2 • The SMS has been designated as the disposal site for Fayetteville's municipal sludge. This sludge will be applied by OMI using traveling irrigation guns and subsurface applicators at a rate not to exceed 300 pounds of plant available nitrogen per acre pre year. Following sludge application, the site will be irrigated with pollution control facility effluent applied in accordance with EPA and ADPC&E guidelines. The crop grown at the SMS will be a midland variety of Bermuda grass and is intended to be harvested as hay. Contract agrees to mow, rake, bale, and dispose of the hay grown on the parcel to which he is assigned. Contractor further agrees to physically remove hay from the field within the specified time. 5.2 Contractor's Responsibilities 5.2.1 Contractor shall submit to OMI a list of all equipment that will be used on the SMS in the cutting, raking, baling, and transporting of the hay. (OMI accepts no liability or responsibility for inspecting Contractor's equipment). 5.2.2 Contractor shall maintain his equipment in good working order and repair as necessary to ensure proper timely cutting, raking, and baling of the hay. 5.2.3 Contractor shall remove from the fields all baled hay in accordance with the monthly harvesting and sludge application schedules. Should contractor fail to comply with the haling and removal requirements set forth, the City may bale and/or remove the hay at contractor's expense. 5.2.4 Contractor shall have the use of half of a storage harn. The storage space and availanility of said harn will be managed and controlled by OMI. 5.2.5 Contractor has the right to place an above ground fuel tank on-site, but the exact location must be approved by OMI. 5.2.6 Contractor agrees to harvest the crop at any stage of maturity and remove it from the fields in a timely manner as directed by OMI. Contractor agrees to remove the hay from the SMS at his own expense. 5 2 7 Contractor shall provide a written plan within ten (10) days of contract award. This plan shall provide for compliance with contract obligations in 3