ITB012385_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: INDIAN LAKE WEED HARVESTING

CONTRACT No.: ITB012385

CONTRACT ID: 12385

EFFECTIVE DATES: 4/12/2023 to 3/31/2024

*RENEWAL THROUGH: 03/31/27

SUPPLIER: SHORELINE CONSTRUCTION & EXCAVATING LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000007756. 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 03/31/2028 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to the Ohio 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://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 2.

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

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 BACKGROUND:

Indian Lake offers a diversity of water-related recreational opportunities including boating, fishing, skiing and camping which are the highlights of this multi-use park. The region of Indian Lake was originally a cluster of natural lakes situated on the Miami River. As the continental glaciers left Ohio, chunks of ice broke free, melted, and formed water-filled depressions called kettle lakes. The resultant shallow, marshy, natural lakes in this region covered an area of 640 acres.

The present and much larger lake of approximately 5,200 acres lies along one of the country's major avian migration routes. Indian Lake is an important resting stop for birds such as Canada geese, ducks, grebes, swans, egrets and herons.

Many of these species stay over the summer to nest.

Indian Lake became a popular resort area at the turn of the century due to its central location on the old Toledo and Ohio Central Steamline and the Ohio Electric Railway. At one time, Indian Lake was known as the "Midwest's Million Dollar Playground." In 1949, the old Department of Conservation was abolished, and Indian Lake became part of the newly-created Ohio Department of Natural Resources (ODNR), Division of Parks and Watercraft.

Given the environmental make-up of Indian Lake, it’s shallow water level and the ever-changing weather patterns in this part of Ohio, it is very common for all types of aquatic vegetation. Left unchecked, the vegetation can be plentiful causing many issues for our recreational lake users. ODNR is seeking a seasonal supplier to assist in the management of the aquatic vegetation through a regimented harvesting process.

1.2 SCOPE:

1.2.1 This project involves the performance of routine aquatic vegetative maintenance and debris removal.

The Contractor shall be responsible for harvesting and maintaining the aquatic vegetation condition of Indian Lake, primarily in open water areas as directed by Indian Lake State Park leadership in consultation with the ODNR Lake Management Plan (See ATTACHMENT A). This primarily consists of surface and submerged vegetation removal, and the control of any aquatic vegetative species that could contribute to the recreational degradation of Indian Lake. The table below summarizes the required aquatic vegetation harvesting and required frequency. Additional harvesting activities should be anticipated as necessary after heavy winds, heavy rainfall and other weather conditions that spark excessive aquatic growth.

1.2.2 Acreage and specific areas to target for harvesting will be identified by Indian Lake State Park Leadership in consultation with the Lake Management Plan. Acreage and locations may change throughout the season, seasonally, or annually, and will require the Contractor(s) to coordinate with ODNR in subsequent years, as applicable.

A separate supplier is contracted and responsible for the collection of lake data (i.e. water quality, vegetation, etc.), the analysis of current water and vegetative conditions, and evaluation of environmental changes within the lake.

1.3 GOVERNANCE & LICENSURE:

1.3.1 Contractor(s) must hold and maintain appropriate registration of equipment (i.e. watercraft(s), road vehicle(s), etc.) and appropriate license(s) to operate equipment (i.e. boating license, driver’s license, etc.).

1.3.2 All watercraft, machinery, or other equipment must receive proper maintenance and inspections as required/necessary.

1.4 SPECIFICATIONS:

1.4.1 This project is to manage and harvest aquatic nuisance vegetation at Indian Lake. TABLE 1, below, summarizes the required aquatic vegetation harvesting and required frequency. Additional harvesting activities should be anticipated as necessary after heavy winds, heavy rainfall, and other weather conditions that may spark excessive aquatic growth.

TABLE 1

Required Activity Required Frequency Meet with an ODNR Parks and Watercraft Representative to scope out the upcoming work plan / area for aquatic vegetation harvest. Weekly

The Contractor is expected to harvest aquatic vegetation based on 8 – 10 hour work day (dependent upon equipment and weather conditions) Daily

The Contractor is expected to offload debris to an ODNR designated staging or disposal area. Daily

The Contractor shall email a weekly report to the designated ODNR Representative(s), as determined by the Agency. The weekly report shall include: areas managed, hours worked, amount of vegetation removed, and photo documentation of the work completed.

Weekly

1.4.2 The main target species for harvesting include:

1.4.2.1 Curly Leaf Pondweed (Potamogeton crispus)

1.4.2.2 Coontail (Ceratophyllum demersum)

1.4.2.3 Dense mats of floating filamentous algae

1.4.3 Eurasian Watermilfoil (Myriophyllum spicatum) shall be avoided during harvesting due to its ability to spread when fragmented.

1.4.4 An ODNR Parks and Watercraft Representative will provide weekly review and approval of all work completed.

1.4.5 The Contractor is expected to be on-site at Indian Lake for the entirety of the summer recreational season.

Harvesting is estimated to occur between April 1st and September 30th.

1.4.6 Work must be conducted during weekdays and under favorable conditions.

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

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

1.4.6.3 ODNR will identify specific areas to be harvested 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 ODNR.

1.4.6.4 The Contractor(s) is required to contact the ODNR Representative at least two business days prior to the commencement of work.

1.4.7 Equipment Requirements:

1.4.7.1 All necessary equipment must be supplied and maintained by the Contractor. This includes but is not limited to: Road vehicle(s), watercraft, trailers, etc., as well as required registrations and licenses to operate equipment, as applicable.

1.4.7.2 Contractor must provide the following at a minimum:

A. Two (2) cutting machines with a minimum 10’ cutting width and a cut depth of a minimum of 36”, or more than two (2) cutting machines with a combined minimum cutting width of 20’. Each cutting machine must have 36” cut depth.

B. The cutting machines shall be capable of removing vegetation immediately from the lake and storing it directly on the cutting machine or accompanying barge. The combined storage capacity of the cutting machines should be a minimum of 40 cubic yards of wet vegetation.

C. One (1) transport barge and necessary equipment to haul vegetation to shore for offloading.

D. Offloading equipment necessary to offload the material at designated sites around the lake from the transport barge to the designated shore location(s) – ODNR staff will not be present to offload material;

however, ODNR staff will help to move the material further into the reclamation areas as needed.

E. It is estimated that all staff will work, and support equipment will run approximately 15-20 weeks of harvesting.

1.4.7.3 The Bidder shall submit an Equipment List to include all equipment to be used to complete the work described in this solicitation. The Equipment list shall be submitted as part of their bid submission.

1.4.8 Contractor will mobilize and demobilize all necessary equipment and materials to and from the site.

1.4.9 Contractor should recognize that weather conditions may not be suitable in early spring and late fall, and that safety precautions shall be implemented, and taken, at all times throughout the duration of the project.

1.4.10 Tasks performed by ODNR include routine visual inspections of the aquatic vegetation removal by the Contractor for evidence of satisfactory harvesting. This includes proper clearing of all vegetation debris and hauling it to an ODNR designated staging or disposal area.

1.4.11 The Contractor may choose to store equipment at/on Indian Lake. This shall be organized by the supplier and approved by ODNR before implementation.

1.4.12 The Contractor may choose to leave vessels on Indian Lake. Vessels are to be stored in areas that do not inhibit boating or other recreational activities. Storage locations must be approved by ODNR before implementation.

1.4.13 Subject to the Contractor’s compliance with this Scope of Work, the Contractor is solely responsible for and has control over all maintenance means, methods, manners, techniques, sequences, and procedures, for safety precautions and programs in connection with the Project, and for coordinating all portions of the Project.

1.4.14 The Contractor’s fee structure should be estimated based on an hourly rate (equipment operating time that can be measured). The Contractor shall provide an estimate of acres to be harvested per hour, as well as estimated tonnage of vegetative debris to be generated per hour. Acreage per Hour and Tonnage per Hour are for informational purposes only and will not be used for evaluation.

1.4.15 The Contractor may submit an invoice weekly, bi-weekly, or monthly as work proceeds, as agreed upon with

ODNR.

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

1.4.16.1 The Contractor(s) may use digital mapping files to view the Project areas within programs such as Google Earth or ARC GIS to assist in defining the boundaries of the mapped work location(s).

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

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

1.4.17 Decontamination and Disinfecting:

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

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

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

1.4.17.3 Wash boat, motor, trailer, personal gear (waders, boots, etc.) and field equipment (nets, ropes, tubes, etc.)

with high pressure, hot tap water (120 degrees F).

1.4.17.4 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.

1.4.17.5 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.

1.4.17.6 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.

1.4.17.7 Suggested Disinfectant Concentrations:

Quantity of Water* gallons

Chlroine 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

*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.

1.4.18 Communications:

1.4.18.1 All communications by the Contractor (or anyone subcontracted) 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 ODNR Representative assigned to the Project. 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.

1.4.19 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 a 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 10/18/22) will apply to this Contract.

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

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.

3.3 - 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”.

3.4 - ADDITIONAL LIABILITY AND INSURANCE REQUIREMENTS

3.4.1 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.

3.4.2 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.

3.4.3 Workers' Compensation insurance (and/or USL&H, if required by statute) 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/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_10_15_22.pdf

3.4.4 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:

3.4.4.1 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.

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

3.4.4.3 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.

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - OPTIONAL SITE VISIT

A site visit will be held on 02/17/23 at Indian Lake State Park, 13156 OH-235, Lakeview, OH 43331, to survey the contracted location and discuss the requirements of the solicitation. The site visit will commence promptly at 11:00 AM, 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 arrive 15 minutes early to complete registration and sign-in.

Pre-registration for the Optional Site Visit is required (see below).

Please contact Josh Gardner by 02/16/23 by email at Joshua.gardner@dnr.ohio.gov to make arrangements to attend the optional site visit. Note: This contact person is for registration only – ITB questions are not permitted.

The following information is required for Pre-Registration for each individual person attending: Company Name; First and Last Name; E-mail address; and Phone Number.

The State cannot ensure attendance at the site visit for Suppliers that fail to Pre-Register by the deadline.

5.2 - 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. Acreage per Hour and Tonnage per Hour are for informational purposes only and will not be used for evaluation.

5.3 - 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.

5.4 - EQUIPMENT LIST

The Bidder shall submit an Equipment List to include all equipment to be used to complete the work described in this solicitation. The Equipment list shall be submitted as part of their bid submission. The literature will be used in the evaluation https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf mailto:Joshua.gardner@dnr.ohio.gov process to confirm equipment requirements are met. Failure of the bidder to furnish descriptive literature as part of their bid response may deem the bidder not responsive.

CONTRACTOR INDEX

CONTRACTOR, TERMS: CONTRACT NO: ITB012385

PURCHASE ORDERS TO: TERMS: Net 30 Days 0000251171 Shoreline Construction & Excavating LLC 7860 Rose Path Russells Point, OH 43348

CONTRACTOR’S CONTACT:

Suzanne Gillespie Phone: (937) 935-2759

Email: suzanne@shorelineohio.com

6 - SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

2 04/01/25

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 04/01/25 through 03/31/27. All other prices, terms and conditions remain unchanged.

1 04/01/24

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 12-months, effective 04/01/24 through 03/31/25. All other prices, terms and conditions remain unchanged.

mailto:suzanne@shorelineohio.com