CTR026177_ITB026177_Contract_V4.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: DNR – LIME TREATMENT OF ACID MINE DRAINAGE (DOSER SITES:

JOBS AND PINE RUN)

CONTRACT No.: ITB026177-1

CONTRACT ID: 26177

EFFECTIVE DATES:7/1/2025 to 6/30/2027

SUPPLIER: OMNI MATERIALS INC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC #0000027120. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 36 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to the Department of Natural Resources, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepa ge

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1. Background

1.1.1. Lime Dosers are extremely cost effective and efficient at treating Acid Mine Drainage (AMD).

Dosers are considered “active treatment” which requires continual operation and maintenance in order to sustain the desired level of treatment. Dosers must be refilled with lime (calcium oxide) approximately every three – four months (variable based on treatment needs at each site). The lime is ordered, transported to the site in a closed tanker truck where it is loaded into the doser silo pneumatically through a 4” inlet pipe with fitting.

1.2. Specifications

1.2.1. Definitions:

1.2.1.1. Pebble Lime - The reagent must have available calcium oxide content greater than or equal to 90 percent, a particle size distribution between 1/4 inch and 1/8 inches, and less than 10% of material passing a 10 mesh.

1.2.1.2. Ground Lime - The reagent must have available calcium oxide content greater than or equal to 90 percent and a particle size distribution between 1/4 inch and 0 inches.

1.2.2. Product Standards

1.2.2.1. All products must conform to ASTM C1529 Standard Specification for Quicklime, Hydrated Lime, and Limestone for Environmental Uses.

1.2.3. Delivery

1.2.3.1. The Contractor must deliver, as indicated, within five business days of request.

1.2.3.2. The Contractor is responsible to provide all necessary equipment and personnel to offload product.

1.2.3.3. The minimum order issued in reference to this contract must be in full truckload quantities.

1.2.3.4. The Contractor must provide certified scale tickets to verify total pounds delivered.

1.2.4. Sites

1.2.4.1. The Agency currently maintains five dosers locations. Additional site information including latitude/longitude, appear below in Table One: Doser Site Descriptions. Maps for each site are viewable in Exhibit A.

1.2.4.1.1. Table One: Doser Site Descriptions

Doser Site Latitude & Longitude

Capacity in Tons Height in Feet Product Used

Carbondale 39.37902 / -82.26791 75 45 Pebble Lime

Thomas Fork 39.06170 / -82.06662 60 22 Pebble Lime

Monkey 39.4897 / -82.25171 50 32 Pebble Lime

Jobs 39.64377 / -82.22022 75 33 Ground Lime

Pine Run 39.59894 / -82.16670 70 30 Ground Lime

1.2.5. Samples & Testing

1.2.5.1. Annually, or upon request, Contractor must provide a sample of the reagent, chemical analysis, and sieve analysis to ensure that the properties outlined in 1.2. above are consistently adhered to.

2 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/01/24) govern this Contract and are incorporated as if fully rewritten herein.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 - ORDER OF PRIORITY

The order of priority of the Contract will be the following: 1.) Specifications and Requirements; 2) Contract Specific Terms and Conditions; 3) Standard Terms and Conditions.

3.2 - DELIVERY

Supplies will be delivered to the participating agency within five days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

3.3 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first 12 months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective 60 calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

3.4 - TEMPORARY FUEL ADJUSTMENT

No request for a temporary fuel adjustment may be requested for the first six (6) months duration of the Contract.

Thereafter, should a statewide or national increase in the cost of fuel occur, that is greater than 20% of the cost for fuel in place at the time of Contract award, the Contractor may petition DAS to increase the Contract price(s).

The Contractor will be required to provide a cost breakdown of each item to indicate the portion of their product cost that is attributed to fuel. If approved, the Contractor will be permitted to adjust the price(s) by the exact amount of the fuel increase. The increase will be effective seven (7) calendar days after approval. Future requests for fuel cost adjustment will be considered in six (6) month intervals, for the duration of the Contract, under the above conditions. Should a statewide or national decrease in the cost of fuel occur, that is greater than 20% of the cost of fuel at the time of Contract award or approved increase, the Contractor will advise Procurement Services of said decrease and the Contract will be adjusted accordingly. Said decrease will become effective seven (7) calendar days after notification. Failure of the Contractor to notify Procurement Services of a decrease will be considered as a default and the Contractor will be responsible to reimburse the state for any overpayments. Said increases or decreases will be effective on all orders placed on or after the approval date of the adjustment.

4 - INVITATION TO BID INSTRUCTIONS

Instructions, Terms and Conditions for Bidding that apply to the solicitation.

https://procure.ohio.gov/static/TCond/Standard_T_C%203-1-24.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will:

Multiple the estimated usage by the unit cost submitted to arrive at the estimated total cost per doser site.

5.2 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by doser site. Failure to bid all items for a doser site may result in the bidder being deemed not responsive for the applicable doser site.

5.3 - DESCRIPTIVE LITERATURE

The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the bidder not responsive.