ITB007337_Contract.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: Aquatic Vegetation Management Program

CONTRACT No.: ITB007337

CONTRACT ID: 7337

EFFECTIVE DATES: 5/9/2022 to 4/30/2025

* RENEWAL THROUGH: 04/30/2027

SUPPLIER: AQUA DOC LAKE & POND MANAGEMENT

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000002209.

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 04/30/2027 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to 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 Ohio|Buys public portal at the following address:

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date

**Denotes change to the end date, per amendment 1.

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1. SPECIFICATIONS AND REQUIREMENTS

1.1. BACKGROUND: The Department of Administrative Services (DAS) on behalf of The Department of Natural Resources (DNR) is soliciting bids for the management of aquatic nuisance vegetation throughout Ohio. The work includes the surveying, monitoring, sampling, treatment, and reporting. Treatment needs vary at each location and may require different treatments at each based on vegetation growth cycles and seasonality.

1.1.1. The average season is estimated to be March 1st and October 31st of each year; however, this shall be monitored by the contractor to determine when the various growth cycles begin, peak, and end.

1.1.2. This is a time and materials contract where time is measured by acreage and materials is measured by quantity of chemicals used.

1.1.3. The pricing and required services must include all materials, equipment, qualified/certified labor, logistics, and personnel transportation, necessary for the successful completion of all the required services listed herein.

1.1.4. The Contractor(s) shall complete all work to meet or exceed specifications regarding State and Federal regulations on rare or listed species. The Contractor(s) shall be responsible to coordinate with DNR concerning special considerations, timeframes, and deadlines concerning such regulations

1.1.5. Overview map of the work location is linked in ATTACHMENT A .

1.2. GOVERNANCE & LICENSURE:

1.2.1. Contractor(s) must hold and maintain a current State of Ohio aquatic pesticide applicator license throughout the duration of the contract. The contractor(s) may be required to submit copy(ies) of the license(s). If not included as part of their bid response, the contractor(s) will be required to provide the license(s) within seven (7) calendar days after notification. Failure to provide the license(s) within the stated time period will result in the bidder being deemed not responsive. After award, the contractor(s) must maintain appropriate licenses required to fulfill the requirements of the contract.

1.2.2. Contractor(s) must hold and maintain appropriate registration of equipment (i.e. boat(s), road vehicle(s), etc.)

and appropriate license(s) to operate equipment (i.e. boating license, driver’s license, etc.).

1.3. DEFINITIONS

1.3.1. Scheduled Aquatic Vegetation Treatment Services – Application and treatment services for predetermined or preidentified locations as part of the annual/seasonal aquatic vegetation management plans in the awarded location, park, work unit, or wildlife area, subject to change seasonally or annually.

1.3.2. Unscheduled Aquatic Vegetation Treatment Services – Application and treatment services for locations not predetermined or preidentified within the annual/seasonal aquatic vegetation management plan though within the awarded location, park, work unit or wildlife area.

1.4. GENERAL REQUIREMENTS:

1.4.1. Scheduled Aquatic Vegetation Treatments – ODNR plans to schedule seasonal treatment plans for sites identified by our park managers and/or wildlife area managers. Contractor must coordinate with the ODNR Aquatic Invasive Species Coordinator (AIS Coordinator) or ODNR Representative to develop treatment plan and identify pricing according to the contracted pricelist.

1.4.2. Unscheduled Aquatic Vegetation Treatments – Additional time and materials required as necessary.

1.5. QUOTING & INVOICE REQUIREMENTS

1.5.1. Quote Requirements:

1.5.1.1. Scheduled Quote Requirements – Price should be quoted for the treatment season or plan at each location. Should list the following: quote number, location, number of acres treated, chemicals used, and quantity of chemicals used.

1.5.1.2. Unscheduled Quote Requirements – Should list the following: quote number, requestor, location, number of acres treated, chemicals used, and quantity of chemicals used for a single treatment application.

1.5.2. Invoice Requirements:

1.5.2.1. Invoice should list the following: purchase order number, location, number of acres treated, chemicals used, and quantity of chemicals used. Invoice(s) must include a copy of service report(s) being invoiced.

1.5.2.2. Invoices shall be itemized based on number of acres serviced and materials used.

1.6. This project is to treat and manage aquatic nuisance vegetation at various State Parks and State Wildlife areas identified in ATTACHMENT A. Areas can also be found on the DNR Lands and Facilities interactive map for further observation. The Contractor(s) will be expected to navigate through many of the areas with the use of GPS or through observation of landscape features. DNR, Division of Parks and/or Wildlife staff will be available to assist by marking unclear areas.

1.6.1. Acreage and sections to be treated are likely to change annually and will require the Contractor(s) to coordinate with DNR in subsequent years.

1.6.2. Monitoring and Surveying: The Contractor(s) will be responsible for the monitoring and surveying of each active treatment area to determine the beginning of the growth cycle(s), peak growth cycle(s), and the end of growth cycle(s).

Monitoring should begin prior to the active growth cycle and take place frequently to determine when active growth begins. Systemic herbicide application should begin immediately once active growth is observed. This is important to avoid the necessity of using contact herbicide to reduce biomass in the spring.

1.6.3. Notification: The Contractor(s) will be responsible for notifying the AIS Coordinator, the Local Park Manager and/or the District Fish Management Supervisor, and Biologist at least 72 hours prior to each chemical application.

1.6.4. Supply and Application: The Contractor(s) will be responsible for the supply and application of necessary approved chemicals to the defined locations during the agreed upon time frame and growth season (generally March through October).

1.6.5. Reporting: The Contractor(s) must submit a report detailing the chemical(s) used, amount of each chemical (gallons or pounds/grams), and the location(s) of chemical application within seven days following a chemical application to the AIS coordinator, Park Manager and/or Wildlife Area Coordinator. The report must also include notable vegetation that was targeted during the application.

1.6.6. Posting Signs to Notify Public:

1.6.6.1. The Contractor(s) must post and maintain signs at the public access ramps, all beaches, and any other high use public areas notifying the public that the body of water contains a concentration of “X” chemicals. All use restrictions will be included on the signs.

1.6.6.2. Signs will be posted beginning 5 days prior to the first chemical application.

1.6.6.3. Sign language will be developed by the Contractor and approved by the AIS Coordinator prior to posting.

When the signs are approved, the Contractor will send an electronic copy to the AIS Coordinator, Park Manager and/or Wildlife Area Coordinator. The AIS Coordinator, Park Manager and/or Wildlife Area Coordinator will then distribute the information as needed to the affected residents, local lake associations or groups and local media sources. The lake association will then distribute the information to their members. This strategy will eliminate the need to post signs on each property around the lake. Additional signage or notification may be required depending on the use restrictions of the product(s) used. The Contractor(s) will be responsible for posting the area near the DNR boat ramp bay when contact herbicide applications take place in the bay.

1.7. Decontamination and Disinfecting:

Complete specifications can be found in Ohio Administrative Code - Rule 901:5-30-01 effective January 7, 2018.

https://gis.ohiodnr.gov/MapViewer/?config=ODNRLands

1.7.1. Inspect and remove aquatic plants, animals, seeds and mud from boat trailer, anchors, waders, boots, nets and all equipment paying particular attention to cracks and crevices.

1.7.2. Drain lake or river water from motor or jet drive, bilge, live well, tubs, tanks, and sampling equipment before leaving water access.

1.7.3. Dispose of unwanted plants, fish, worms, crayfish, snails, clams and other organisms in the trash.

1.7.4. Wash boat, motor, trailer, personal gear (waders, boots, etc.) and field sampling equipment (nets, bottles, ropes, tubes, etc.) with high pressure, hot tap water (120 degrees F).

1.7.5. All Ohio Water Bodies: Bilge areas and live wells must be drained before leaving water body and all trash (plastics, woody, etc.) removed from the boat. Props and trailers must be inspected; all mud, aquatic plants, and animals must be removed. Prior to the next use, live wells must be disinfected using the appropriate techniques.

1.7.6. Water Bodies of Special Interest: Water bodies of Special Interest include (1) all Great Lakes, the Ohio River, and any water body within a state bordering the Great Lakes; (2) any water body with a state experiencing viral hemorrhagic septicemia or other fish disease problem; (3) any water body experiencing a fish kill; and/or, (4) any water body known to be inhabited by dreissenid mussels, Silver Carp and/or Bighead Carp, Round Goby, or another recognized injurious species. Prior to leaving the immediate area of the water body, live wells, bilge areas, and other exposed boat and trailer surfaces must be disinfected using the appropriate techniques.

1.7.7. Field sampling and laboratory equipment; including but not limited to: Gill, hoop, nueston, and other nets, must be cleaned and allowed to air dry in an area not in proximity to a public water body. Dip nets, boots, measuring boards, etc. must be disinfected between uses. Balances, counter tops, cutting tools, and other laboratory equipment must be disinfected between uses or if moved within or between facilities.

1.7.8. Suggested Disinfectant Concentrations:

*Water used for dilution (bleach) or to make the solution (Virkon) should be tap water or better, no water from a water body should be used.

1.8. Communications:

1.8.1. All communications by the Contractor (or anyone subcontracted), except in the case of notification of herbicide application, with local municipalities or the media must receive prior approval from the ODNR. If any members of the public approach the Contractor (or anyone subcontracted) with complaints or concerns about the project, the contractor (or anyone subcontracted) will refer the public to the AIS Coordinator. All data must be submitted directly and exclusively to the ODNR unless some data is being collected by a subcontractor which then should be shared with ODNR and the Contractor. The Contractor (or anyone subcontracted) should not speak for the State about the efficacy or results of the project without approval from ODNR.

1.9. All necessary equipment must be supplied and maintained by the Contractor.

1.9.1. This includes, but is not limited to: Road vehicle, boat(s), boat trailer(s), nets, spraying equipment, etc., as well as required registrations and license(s) to operate equipment as applicable.

1.10. The use of GPS equipment for this project is also recommended but not required.

Quantity of Water* gallons

Chlorine bleach (5.25%) fluid ounces

VirkonTM S (1:100 solution) ounces

1 2 2 5 3 7

10 5 14 25 11 34 50 22 67

100 44 134 Contact time 10 minutes 30 minutes Application Soaking Surface/Soaking

1.10.1. The Contractor(s) may use digital mapping files to view the treatment areas within programs such as Google Earth to assist them in defining the boundaries of the treatment areas mapped herein.

1.10.2. GIS data may be used to delineate cutting areas or cutting progress if the Contractor(s) so chooses.

1.10.3. Digital mapping files are available to the Contractor(s) upon request.

1.11. Work must be conducted during weekdays and under favorable ground conditions.

1.11.1. The Contractor(s) shall coordinate with DNR to avoid scheduling working during unacceptable times or conditions.

1.11.2. Potential blackout dates will be made available to the Contractor(s) upon request.

1.11.3. The Agency will identify specific areas for treatment with the issuance of a purchase order (PO). The Contractor(s) shall begin work in a timely fashion after receiving the PO and coordinating with the AIS Coordinator, Park Manager and/or Wildlife Area Coordinator.

1.11.4. The Contractor(s) is required to contact the ODNR Representative at least two business days prior to initially entering the property for work.

1.12. The Contractor(s) will be required to attend a kick-off meeting prior to the first day of service at a date and time to be determined. The kick-off meeting will be used to review the detailed expectations of the Contractor(s). Such a meeting may be in-person or conduction via conference call or other virtual meeting resources.

The Agency may elect to hold additional annual kick-off meetings, which the Contractor(s) will be required to attend to discuss ongoing expectations, changes to terrain, or areas of focus.

2. STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 9/8/21) will apply to this Contract.

3. SPECIAL CONTRACT TERMS AND CONDITIONS

3.1. AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

3.2. ADDITIONAL MINIMUM INSURANCE REQUIREMENTS

3.2.1. Marine General Liability (MGL) OR Commercial General Liability with no waterborne exclusions including coverage for contractual liability, products and completed operations, bodily injury and property damage, and sudden and accidental pollution, with a minimum of $1,000,000 per occurrence and $2,000,000 aggregate.

3.2.2. If watercraft will be utilized to perform the work under this agreement, the following coverages shall be provided by the Contractor at its own expense:

3.2.2.1. Protection & Indemnity Insurance (including crew), covering liability for third party bodily injury or property damage caused by the vessel, with a minimum of $1,000,000 per occurrence.

3.2.2.2. Vessel Pollution Liability with a minimum of $1,000,000 per occurrence.

https://procure.ohio.gov/pdf/Standard_t_c_090821.pdf

3.2.3. Hull & Machinery coverage is the responsibility of the Contractor. Under no circumstances will the State of Ohio be responsible for any damage to the vessels owned or operated by the Contractor.

3.2.4. The insurance policies are to contain, or be endorsed to contain, the following provisions:

3.2.4.1. Excess or Bumbershoot

A. Excess Marine General Liability (or Excess General Liability with no waterborne exclusion) or Bumbershoot insurance may be used to meet the insurance requirements stated above.

3.3. 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.

3.4. EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will: multiply the unit cost by the estimated usage listed in the bid and then adding each of the totals together to arrive at a total for all items per district. Failure to bid both scheduled and unscheduled services by district may result in the bidder being deemed not responsive.

3.5. CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by low lot total by district. Low lot total will be determined by multiplying the unit cost by the estimated usage listed in the bid and then adding each of the totals together to arrive at a total for all items. Failure to bid all items by district may result in the bidder being deemed not responsive.

3.6. FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first twelve (12) months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective sixty (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”.

3.7. PROHIBITION OF THE EXPENDITURE OF PUBLIC FUND FOR OFFSHORE SERVICES

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

4. INVITATION TO BID INSTRUCTIONS

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

5. SPECIAL INSTRUCTIONS TO BIDDERS

5.1. SITE VISIT: Prior to submitting their solicitation response, the supplier should visit the locations in the solicitation in order to survey the designated areas (see ATTACHMENT A) and to become familiar with the requirements of the solicitation. The supplier may visit these locations on their own or they may contact the State Park or Wildlife Area point of contact to schedule an appointment. Once a contract is awarded, failure of the supplier to have become familiar with the location(s) and requirements of the solicitation will be insufficient reason to support any request to be released from the contract.

5.2. OPTIONAL PRE-BID CONFERENCE: An optional pre-bid conference will be held virtually on 02/15/2022 via Microsoft Teams to discuss the requirements of the bid. The conference will commence promptly at 10:00 a.m., barring an unforeseen circumstance that results in a delay of the conference. Attendance will be taken. The state will not be responsible to a bidder for their failure to obtain information discussed during the bid conference due to their failure to attend and/or arriving after the conference has convened. Potential suppliers are encouraged to attend.

Please contact Catherine Love by 02/10/2022 at catherine.love@das.ohio.gov during regular business hours to make arrangements to attend the virtual meeting.

5.3. Suppliers shall submit with the bid at least three (3) references of public or commercial aquatic vegetation management programs that have been completed by the supplier in the past five (5) years, ATTACHMENT B. References shall include:

facility name, contact person and phone number. Failure to submit current references with current phone numbers may result in disqualification of your bid.

https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf mailto:catherine.love@das.ohio.gov

6. CONTRACTOR INDEX

CONTRACTOR AND TERMS: CONTRACT NO.: ITB007337

0000212418 TERMS: Net 30 Days

Aqua Doc Lake & Pond Management

10779 Mayfield Rd. DELIVERY: as specified

Chardon, OH 44024

CONTRACTOR'S CONTACT: Carter Bailey Telephone: (440) 286-7663

Email: cbailey@aquadocinc.com

7. SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

1 05/01/25

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional 24-months, effective 05/01/25 through 04/30/27. All other prices, terms and conditions remain unchanged.

mailto:cbailey@aquadocinc.com