ITB007775_Contract_V3.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: Solid Chemical Water Treatment

CONTRACT No.: ITB007775

CONTRACT ID: 7775

EFFECTIVE DATES: 5/1/2022 to 4/30/2024

*Renewal through 06/01/2025 to 11/30/2025

SUPPLIER: Solid Blend Technologies Inc.

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000002655. 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 04/30/27 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to Ohio Department of Administrative Services, 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 contract renewal effective 06/01/25 through 11/30/25.

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

1 - SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK AND SPECIFICATIONS

DAS is seeking to establish a Solid Chemical Water Treatment for DAS-managed government office buildings throughout the state. The Office of Properties and Facilities (OPF) has centralized heating & cooling systems that provide year-round services to the following buildings:

Street City, State Zip Building Name 358 N. Parkview Bexley, OH 43209 The Governor’s Residence

615 W. Superior Ave. Cleveland, OH 44113 Lausche State Office Building 30 E. Broad St. Columbus OH 43215 Rhodes State Office Tower 25 S. Front St. Columbus, OH 43215 25 S. Front

246 North High and

35 E. Chestnut St., Columbus, OH

43215

North High Complex 4200 Surface Rd. Columbus, OH 43228 4200 Surface Rd

77 S. High St. Columbus, OH 43215 Riffe Center for Government and Arts

Water treatment chemicals shall be in solid form to significantly reduce space and weight for shipping, handling, and storing; mitigate risk of injury compared to handling 120- to 500-pound drums of liquid; eliminate the risk of spills and leaks posed by hazardous liquids; eliminate the need for any containment; and save water and labor by eliminating the EPA requirement to triple-rinse empty liquid chemical drums.

The contractor shall provide professional water treatment services that include inspection, chemical analysis, testing, treatment, solid water treatment chemicals and test kits, associated with scale, corrosion, fouling and microbiological growth. Included in this contract should be any costs associated with new dissolver dispensing systems, controls and chemical pumps needed in accordance with the manufactures flow rate, along with all maintenance and service of said systems, controls and pumps that will remain under the ownership of the contractor. A factory representative from APTech, Endursolv or an equivalent (approved by DAS) needs to verify in writing that the selected water treatment contractor has installed the dispensing systems, controls, and pumps in accordance with the industry standard and are appropriate to the product being dispensed.

The contractor will be expected to provide knowledgeable service personnel, monitor program results, make appropriate recommendations with quantifiable justifications, train technical personnel, on the implementation & control of the program, and provide a written Haz-Com Plan applicable to the new OSHA standard that aligned with the Globally Harmonized System of Classification (GHS). Additionally, the contractor will be expected to have qualified (ASSE and ASHRAE 188) staff that can consult with and assist DAS when required on building related legionella issues that may arise.

The contractor shall have a minimum of 3 years’ experience utilizing the solid water treatment technology and have a Certified Water Technologist (CWT) and an ASSE Certified Legionella Water Management Specialist on staff. In addition, the contractor shall be a member in good standing with the Association of Water Technologists.

1.1 DETAILS

1.1.1. MONTHLY

1.1.1.1. Monthly service visits for chemical treatment inspection. Contractor must have service vehicles specifically for the purpose of Water Treatment Service and shall be stocked with parts needed to repair and replace equipment as needed.

1.1.1.2. Perform chemical testing and control.

1.1.1.3. Inspect and verify that existing chemical pumps are sized to provide a minimum delivery rate of two (2) gallons per hour or as recommended by the solid chemical manufacturer.

Replace pumps as needed.

1.1.1.4. Perform chemical pump maintenance and calibration of conductivity controller.

1.1.1.5 Conduct corrosion control and monitoring of HW Loops Boiler Systems and cooling tower condenser water loop systems at all facilities, during the heat/cooling season; corrosion will be maintained at less than 2 mil/yr. for steel 3 mil/yr., zinc and 0.2 mil/yr., for yellow metals.

1.1.2. QUARTERLY

All cooling water systems should be equipped with corrosion coupons and these coupons should be sent in for analysis on a regular quarterly basis. Most coupon racks allow for exposure of coupons representing the different alloys in the system. After a prescribed period of exposure, coupons are removed, and fresh coupons inserted in their place. A regular rotation of coupons produces a continuous record of the system condition. Reports to be sent to the appropriate Facility Manager.

1.1.3. ANNUALLY

Conduct annual testing for Legionella Bacteria for each cooling tower condenser water loop system in the month of August. Testing must be performed by a “CDC Elite” laboratory. In the event of a positive report of legionella bacteria, the contractor shall clean system(s) using protocol established by ASHRAE Guideline 12 and 188 and re-test until a negative report is obtained. In the event of a positive report of > 1,000 CFU/ml legionella contractor shall follow protocol established by ASHRAE Guideline 12 and 188, and re-test until a negative report is obtained.

1.1.4. AS NEEDED

1.1.4.1. Provide required test kits for facility HVAC technicians to perform their bi-weekly biological testing and solid water treatment chemical amounts to properly dose cooling towers’, boilers’, and closed loop systems’ water for corrosion, scaling and biological fouling.

1.1.4.2. The Facility Manager could call the contractor at any time if it is determined that there is a potential problem. The contractor’s service technician shall be on site within 24 hours.

DAS will not be billed for these service calls.

1.1.4.3. If the Facility Manager requests that the contractor provides technical support for a situation not covered by the Contract Scope of Work (SOW), the contractor may bill DAS at the hourly rates specified on the Bid Price Page.

1.1.4.4. The contractor has in their employment a ASSE Certified Legionella Water Safety Management Specialist.

1.2. COOLING TOWER

1.2.1 Onsite training for relevant HVAC personnel to explain and demonstrate application processes.

Training would include review of the Safety Data Sheets (SDS) for each chemical used; safe use of equipment to be used with each chemical and the mixing and handling of chemicals.

1.2.2 Readiness for quick response on emergency situations.

1.2.3 The contractor will provide all appropriate chemicals to be used in all closed and open loop systems to maintain proper levels. Solid form water treatment chemicals shall be APTech Group, Inc.

EnduroSolv brand or approved equal.

1.3 GUIDELINES

1.3.1. Biocides must be registered with the Federal & State agencies responsible for their regulation.

Biocides will have the appropriate drum labels indicating that they are registered for intended use.

Should the biocide or other solid treatment fail to dissolve in the prescribed manner, it is the sole responsibility of the contractor and supplier to rectify, after consultation with DAS Facilities Managers and Engineers on best alternatives.

1.3.2 Labels will show approved label dosages for the registered use. All chemicals should have proper DOT shipping and identification on each of them.

1.3.3 Chemicals used in the steam boiler system will be registered with National Sanitization Foundation (NSF). The use of hydrazine, chromate and sodium hypo-chloride are prohibited.

1.3.4 It is the contractor’s responsibility to maintain an appropriate inventory of solid water treatment at each location; as well as delivering, handling, and dispersing of chemical product.

1.3.5 All chemicals will be delivered via commercial cartage. The contractor shall retain ownership and recycling of empty canisters in accordance with the applicable guideline(s). Contractor shall supply and maintain on site all P.P.E. required I.A.W. OSHA regulations.

1.3.6 The contractor is responsible to ensure OSHA compliant storage practices at all chemical treatment sites.

1.4. REPORTING & SCHEDULING

1.4.1 SDS sheets must be provided for each chemical used, at each location, along with chemical submittals to be provided as a part of the bid package. SDS binders shall be mounted in the vicinity of chemical dispensing equipment.

1.4.2 Contractor should submit a written monthly report on its activities to the Facility Manager, engineer or assigned representative. Reports shall be submitted in electronic format no more than three days after the service is performed.

1.4.3 Reports should include operator chemical control sheet for each system.

1.4.4 Unless it is an urgent situation, the contractor should schedule the Preventive Maintenance (PM) with the appropriate Facility Manager or representative.

1.4.6 Contractor shall maintain an updated on-site log to reflect the current water chemistry condition to be used by both the contractor and onsite personnel for recording test results and conditions.

1.4.7 Water treatment standards should be in compliance with the NFPA 214, Center for Disease Control (CDC), ASHRAE Guideline 12-2000, NACE and any other applicable guideline or regulatory agency.

CONTRACTOR RESPONSIBILITIES. The Contractor must meet all ITB requirements and perform Work as defined in the Scope of Work.

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 - 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 - 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.

3.3 - MINIMUM INSURANCE REQUIREMENTS

3.3.1 INSURANCE. Until all obligations under this Agreement or any Order are satisfied, and without limiting Contractor’s indemnification obligations under Indemnity, Contractor shall provide and maintain the insurance policies set forth below. All commercial insurance required shall be provided by insurers with a rating of not less than A-VII from AM Best or a comparable rating agency. Contractor shall also cause each of its Subcontractors to comply with all requirements in this Section.

Coverage shall be at least as broad as:

3.3.1.1. Commercial General Liability (CGL): written on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be outside the policy limits.

3.3.1.2. Automobile Liability insurance covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

3.3.1.3. Workers' Compensation insurance as required by the State of Ohio, or the state in which the work will be performed, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor is a sole proprietor, partnership or has no statutory requirement for workers’ compensation, Contractor must provide a letter stating that it is exempt and agreeing to hold State of Ohio harmless from loss or liability for such.

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

3.3.1.4 Professional Liability (Errors and Omissions), including Pollution Liability, Insurance appropriate to the Contractor’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall cover all applicable Contractor personnel or subcontractors who perform professional services related to this agreement.

3.3.2 The Insurance obligations under this agreement shall be the minimum Insurance coverage requirements and/or limits shown in this agreement. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the State of Ohio. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

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

3.3.3.1 Additional Insured Status

Except for Workers’ Compensation and Professional Liability insurance, the State of Ohio, its officers, officials and employees are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor's insurance.

3.3.3.2 Primary Coverage

For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance. Any insurance or self-insurance maintained by the State of Ohio, its officers, officials and employees shall be excess of the Contractor's insurance and shall not contribute with it.

3.3.3.3 Umbrella or Excess Insurance Policies

Umbrella or excess commercial liability policies may be used in combination with primary policies to satisfy the limit requirements above. Such Umbrella or excess commercial liability policies shall apply without any gaps in the limits of coverage and be at least as broad as and follow the form of the underlying primary coverage required above.

3.3.3.4 Notice of Cancellation

Contractor shall provide State of Ohio with 30 days’ written notice of cancellation or material change to any insurance policy required above, except for non-payment cancellation. Material change shall be defined as any change to the insurance limits, terms or conditions that would limit or alter the State’s available recovery under any of the policies required above. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

3.3.3.5 Waiver of Subrogation

Contractor hereby grants to State of Ohio a waiver of any right to subrogation which any insurer of said Contractor may acquire against the State of Ohio by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the State of Ohio has received a waiver of subrogation endorsement from the insurer.

3.3.3.6 Deductibles and Self-Insured Retentions

Deductibles and self-insured retentions must be declared to and approved by the State. The State may require the Contractor to provide proof of ability to pay losses and related investigations, claims administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the deductible or self-insured retention may be satisfied by either the named insured or the State.

3.3.4 Claims Made Policies

3.3.4.1 If any of the required policies provide coverage on a claims-made basis:

3.3.4.1.1.1 The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

3.3.4.1.1.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3.3.4.1.1.3 If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting'' coverage for a minimum of five (5) years after completion of contract work. The Discovery Period must be active during the Extended Reporting Period.

3.3.5 Verification of Coverage

Contractor shall furnish the State of Ohio with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the State of Ohio before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The State of Ohio reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

3.3.6 Subcontractors

Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that State of Ohio is an additional insured on insurance required from subcontractors.

3.3.7 Special Risks or Circumstances

State of Ohio reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

3.4 - 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.

3.5 - 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.

3.6 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will: 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. Estimated usages are intended to be used for evaluation purposes only.

3.7 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by low lot total. 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 may result in the bidder being deemed not responsive.

3.8 - 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 thirty (30) 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”.

4 - INVITATION TO BID INSTRUCTIONS

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

https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - SITE VISIT

A site visit will be held on the dates listed in Table 1 at the locations listed in Table 1 to survey the facility and discuss the requirements of the solicitation. The site visit will commence promptly at the times listed in Table 1, barring an unforeseen circumstance that results in a delay of the site visit. Attendance will be taken. The state will not be responsible to a supplier for their failure to obtain information discussed during the site visit due to their failure to attend and/or arriving after the site visit has convened.

Please contact Terry Spiropoulos by noon on 02/18/22 at terry.spiropoulos@das.ohio.gov during regular business hours to make arrangements for authorization to enter the facility.

TABLE 1

FACILITIES LIST

Contact Phone Number Date Time Facility

Chris Camak 216-787-3845 2/24/2022 11:00 AM – 12:00 PM Meet in Lobby Lausche State Office Building

Angela McIntosh 614-387-0300 2/22/2022 9:00 AM – 10:00 AM Meet in Lobby 25 S Front.

Keith Ciotti 614-995-1477 2/22/2022 10:30 AM – 11:30 AM Meet in Lobby at 35 E. Chestnut North High Complex

Keith Ciotti 614-752-2274 2/22/2022 1:00 PM – 2:00 PM Meet in Lobby (Flagpole entrance) 4200 Surface Rd

Noel Rozelle 614-995-7751 2/23/2022

9:00 AM – 10:00 AM Go into lobby, take escalator down one floor, and meet near the bottom of the escalator.

Rhodes State Office Tower

Brian Hammen 614-644-9854 2/23/2022 10:30 AM – 11:30 AM Pre-registration at security desk in Vern Riffe Center lobby Riffe Center – Government and Arts

Brian Hammen 614-644-9854 2/23/2022 1:00 PM – 2:00 PM The Governor’s Residence

Notes:

Visitors must check in with security upon entering. Due to security at the location, backpacks will not be permitted on the site. Masks will be required, and social distancing maintained, as required.

5.2 BIDDER REFERENCES AND DOCUMENTS

The bidder shall provide two (2) offeror references documenting their experience of Solid Water Treatment and shall provide two (2) references documenting their experience of Legionella Water Management on Attachment 1 with their bid response.

If not provided as part of the bid response, the Bidder must provide said documentation within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish minimum qualifications either as part of their bid response or within the time specified herein will deem the bidder not responsive. See the Attachment 1 Reference page.

mailto:terry.spiropoulos@das.ohio.gov

6 - SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

3 06/01/25 This amendment is issued to renew the subject contract for an additional six months effective 06/01/25 through 11/30/25.

2 05/01/25 This amendment is issued to renew the subject contract for an additional thirty-one days effective 05/01/25 through 05/31/25.

1 01/01/25 This amendment is issued to advise that this contract will not be renewed beyond the current expiration date of 04/30/25. This contract will be rebid.

6 - SUMMARY OF AMENDMENTS