CTR026475_ITB026475_Contract_V2.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 – Timber Harvesting Services

CONTRACT No.: ITB026475-1

CONTRACT ID: 26475

EFFECTIVE DATES: 7/1/2025 to 6/30/2028

SUPPLIER: SISSEL LOGGING LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No.

SRC0000019722. 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%2fhomepage

Signed: _____________________________________________________________________

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

1 - SPECIFICATIONS AND REQUIREMENTS

1.1. Scope of Work

1.1.1. The successful Contractor is responsible for performing the following work requirements within their assigned areas and other work as necessary per project.

1.1.1.1. The Contractor(s) must have and maintain throughout the entire contract period a Master Logging Company Certification issued by the Ohio Forestry Association, Inc.

1.1.1.2. The Contractor(s) must be responsible for all phases of timber harvesting will include cutting, skidding, loading, hauling, and unloading of all merchantable trees.

1.1.1.3. Trees that are cut must remain stringer-length and must not be bucked without prior approval. All trees must be cut according to the specifications supplied by the Agency. Saw timber must include all reasonably straight logs with a small end diameter of 12 inches or greater and at least 12 feet long for all species except black walnut, which must be cut and delivered down to eight inches small end diameter and eight feet long.

1.1.1.4. Designated merchantable products must be hauled to the Scioto Trail State Forest airfield, 413 Airport Rd., Chillicothe, OH 45601, or another location to be designated by the Agency.

1.1.1.5. Perform Best Management Practices (BMP’s) and site reclamation. The successful Contractor(s) must be responsible for BMPs, culverts, and up to 125 tons of gravel per fiscal year. Gravel in excess of 125 tons per fiscal year will be billed to the Agency at the not to exceed rates submitted in the bid.

1.1.1.6. The successful Contractor(s) may perform timber harvesting operations in subsequent years on units to be designated in the future, which may include storm damaged areas, diseased areas or other salvage areas. Salvage of future designated areas will be on a case-by-case basis and are not guaranteed.

1.1.1.7. The Agency must assign a contract administrator or multiple contract administrators, depending on the forests, that are responsible for day-to-day operations. This person, to be named prior to the Contract start-up will coordinate all activities and be the single point-of-contact for the successful Contractor(s).

1.2. Site Conditions

1.2.1. The Agency must coordinate activities with the successful Contractor(s) providing oversight on the project area. Prior to harvesting, a pre-sale meeting shall be held between the Contractor(s) and the Agency to discuss the unit layout and logging operation. At this time, a Notice of Intent (NOI) and a Timber Harvest Plan (THP) shall be completed for submission to the county Soil and Water Conservation District.

1.2.1.1. Harvesting may proceed only if ground conditions are sufficiently dry or frozen and with written permission from the Agency.

1.2.1.2. Operations must temporarily cease anytime ground conditions become unfavorable for logging according to Exhibit Two Wet Weather Logging Guidelines.

1.2.1.3. Any and all improvements or materials required for road and/or trail stabilization are the responsibility of the Contractor(s). The successful Contractor(s) are responsible for culverts for any creek crossings. All improvements must be approved by the Agency.

1.2.1.4. Equipment must not be operated within the riparian areas in the drainage bottoms and forwarders must be kept a minimum of 50 feet from the intermittent streams.

1.2.1.5. Drain bottoms and stream crossings must be protected using BMPs to minimize soil disturbance.

1.2.1.6. Culverts must be used at any creek crossing and must be supplied and applied by the Contractor as directed by the Agency.

1.2.1.7. Grapple skidders must be confined to the marked skid roads.

1.2.1.8. All haul road and skid trails must be designated by the Agency.

1.2.1.9. Supplies and application of all site rehabilitation materials for BMPs is the responsibility of the Contractor(s).

1.2.1.10. All known BMPs must be used as necessary and/or as directed and as described in BMPs for Erosion Control for Logging Practices in Ohio (available from the Division of Forestry).

1.2.1.11. If logging ceases or equipment is removed for 30 consecutive days or longer, the successful Contractor(s) must install temporary BMPs.

1.2.1.12. At the closing of the unit, the successful Contractor(s) must install permanent BMPs as directed by the Agency.

1.2.1.13. The mixtures and rates must be those listed for “skid trails and road cuts” from BMPs for Erosion Control for Logging Practices in Ohio, or as directed by the Agency.

1.2.1.14. Applications of lime, fertilize, and seed all haul roads, landings, skid trails are the responsibility of the successful Contractor(s).

1.2.1.15. Haul roads, landings, skid trails with a slope greater than 20% must be mulched.

1.2.1.16. All skid trails in areas with less than 50% canopy cover must be mulched.

1.2.1.17. All skid trails, haul roads, and decking areas must be rehabilitated per the direction of the Agency.

1.2.1.18. Other suitable materials may be used in place of straw mulch as an erosion control with prior approval from the Agency.

1.2.1.19. All unavoidably damaged trees or designated and additional trees that must be removed to accommodate the work must be cut, skidded, loaded and hauled to the Scioto Trail State Forest airfield.

1.2.1.20. A mobilization is defined as the initial set up in a State Forest for one or more individual projects. If more than one project is taking place by the same Contractor in the same Forest, a mobilization fee can only be applied once.

1.3. Work Site

1.3.1. The Agency must provide a sign designating the harvest area which must be mounted by the Contractor(s) as directed by the Agency.

1.3.1.1. The successful Contractor(s) must post a sign at the entrance to the harvest area visible from the public road.

1.3.1.2. The successful Contractor(s) must post the sign for the entire period of logging until the completion of the sale area rehabilitation.

1.3.1.3. The successful Contractor(s) must supply and install posts and a sheet of exterior plywood for mounting the sign, which is expected to be about 2’ by 3’ in size.

1.3.1.4. The wood portion of the sign must be kept in a condition that is acceptable to the Agency.

1.4. Scales

1.4.1. The successful Contractor(s) must have all timber loads that are transported to the delivery site weighed by a certified scale. The Offerors must:

1.4.1.1. Procure a facility, at its expense, with state certified scales and provide proof of weight (weight ticket) for all loads hauled.

1.4.1.2. Loads hauled without a certified weight ticket shall not be paid to the Contractor.

1.5. Chain of Custody

1.5.1. All logs removed that meet the specifications in 1.1.1.2. above are the property of the state of Ohio. Transfer of ownership does not occur until logs are processed and sold by the state.

These logs are NOT the property of the contractor. Therefore:

1.5.1.1. Transportation of state forest logs must be from the cutting unit to the state forest log yard and must not be interrupted other than to be weighed at an agreed commercial scale.

1.5.1.2. The Contractor must employ and properly utilize the provided state forest trip ticket for each load removed.

1.5.1.3. No logs or any forest product is to be removed from the state forest without a proper state forest trip ticket.

1.5.1.4. The Contractor must maintain records of inputs, outputs and delivery documentation relevant to this Contract, including property/tract/sale name, date and time, contact information, township, and maps.

1.5.1.5. The Contractor must not mix state forest certified logs with outside non-certified logs.

1.5.1.6. The Contractor must not unload any logs from a loaded truck prior to arriving at the state forest log yard.

1.5.1.7. The Contractor must not use the FSC® or SFI® trademarks for promotional purposes.

1.5.1.8. The Contractor maybe subject to an audit by ODNR-Division of Forestry’s FSC® OR SFI® certification body upon request;

1.5.1.8.1. If the Contractor is FSC® Chain of Custody certified, the Contractor will;

1.5.1.8.1.1. Provide services under the Contractor’s own Chain of Custody program;

1.5.1.8.1.2. Make relevant records available to ODNR-Division of Forestry certification body as requested;

1.5.1.9. The Contractor must complete an annual chain-of-custody training from the ODNR-Division of Forestry prior to the beginning of harvesting operations.

1.6. By-Products

1.6.1. This project is likely to produce valuable by-products that do not meet the specifications set forth in this Scope of Work. Both Parties agree:

1.6.1.1. Enter into a separate stumpage contract under ORC 1503.05 (timber sale agreements) for the sale to the contractor of pulpwood and low value saw logs.

1.6.1.2. Transfer of ownership of these materials occurs when the products leave the State Forest at the forest gate.

1.6.1.3. Any such agreements will last no longer than six months and will be at agreed market rates.

1.6.1.4. All other details will be specified in the agreement.

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 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

*The contract prices(s) will remain firm for the first six months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective sixty 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”.

3.3 - 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.

*Indicates a change in how long the initial pricing must be firm.

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

3.4 - SITE DAMAGES

The State will withhold payment on a per-ton basis for any high value trees that are unreasonably damaged and which damage was determined to be avoidable. The State will estimate the tonnage for damaged pieces and withhold payment for those tons on the next subsequent payment.

The State will withhold payment for any expense related to conformance with ORC 1503.51 (Forestry Pollution Abatement) in response to an order under ORC 1503.54 (Chief’s orders) where the contractor is unable or unwilling to provide timely remediation.

3.5 - DELIVERY

Services will be performed as set forth in the Contract. The location of performance will be noted on the purchase order issued by the participating agency.

3.6 - COMPETITIVE SELECTION – TWO PHASE AWARD – QUOTE

This solicitation may be awarded to more than one Supplier of the same or similar types of supplies or services at varying prices for delivery within the same geographic area. If the contract is awarded to multiple Suppliers, providing the same or similar supplies or services in the same geographic area, Ordering Agencies shall solicit quotes for the required supplies or services from multiple awarded Suppliers, prior to ordering.

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - CONTRACT AWARD

A Contract will be awarded to multiple responsive and responsible bidders. Additionally, any bid deemed price excessive in comparison with market conditions will be deemed not responsive.

5.2 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. Additionally, any bid deemed price excessive in comparison with market conditions will be deemed not responsive. Failure to bid on all items may deem your bid not responsive.

5.3 - BIDDER’S REFERENCES

Bidders must submit with their bid at least three references from public or private organizations that the bidder has performed past forestry logging projects in the past five years using Exhibit Three Prior Projects Form.

References shall include: facility/organization name, contact person, phone number, email address, and details of the past project to include the number of board feet logged. Failure to submit current references with current phone numbers may result in in the disqualification of your bid.

5.4 - SOLICITATION CONFERENCE

A solicitation conference will be held on 03/26/2025 at 345 Allen Ave, Chillicothe, OH 45601 to discuss the requirements of the solicitation. The conference will commence promptly at 9:00 AM EST, barring an unforeseen circumstance that results in a delay of the conference. Attendance will be taken. The state will not be responsible to a supplier for their failure to obtain information discussed during the solicitation conference due to their failure to attend and/or arriving after the conference has convened.

Please contact Brian Browder by end of day on 03/25/2025 at brian.browder@das.ohio.gov during regular business hours to RSVP for the conference.

5.5 - MASTER LOGGING COMPANY CERTIFICATION

Bidders must submit with their bid their current and valid Master Logging Company Certification issued by the Ohio Forestry Association, Inc. Failure to submit current and valid certifications with the bid may deem your bid not responsive.

5.6 - BIDDER’S EQUIPMENT

Bidders must submit with their bid a listing of all the equipment intended for use on this Contract using Exhibit One Bidder’s Equipment Form. Failure to submit the bidder’s equipment listing with the bid may deem your bid not responsive.

https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf mailto:brian.browder@das.ohio.gov

5.7 - COUNTIES LOGGED IN

Bidders must provide a listing of all counties they have performed logging activities in the past five years using Exhibit Four County Listing. Failure to submit a listing of all counties that the bidder has performed logging activities in may deem your bid not responsive.

5.8 - SOIL AND WATER CONSERVATION DISTRICT VIOLATIONS

Bidders must identify if they have received any violations while performing logging operations from any Ohio Federation of Soil and Water Conservation Districts. Failure to submit an accurate listing if counties may deem your bid not responsive.