ITB016901_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: *WILDLIFE WOODY VEGETATION CONTROL (District One North, Killdeer Plains, La Su An, Pickerel Creek, Wildlife District 2 Office, & Magee Marsh)

CONTRACT No.: ITB016901

CONTRACT ID: CTR16901

EFFECTIVE DATES: 11/15/2023 to 9/30/2026

SUPPLIER: BETTER MEADOWS & WOODLANDS LLP

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000009603. 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 twenty-four (24) month unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to 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 the addition of Magee Marsh as a result of the award of SRC0000014644.

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

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE

The Department of Administrative Services (DAS) on behalf of The Department of Natural Resources (DNR) is soliciting bids for forest mid-story management at Wildlife Areas throughout Ohio. The work includes chemical or mechanical treatment of woody vegetation completed during specified dates and seasons.

1.2 DEFINITIONS

1.2.1 Geographic Information System (GIS) - A Geographic Information System is a system designed to capture, store, manipulate, analyze, manage, and present spatial or geographic data. GIS applications are tools that allow users to create interactive queries, analyze spatial information, edit data in maps, and present the results of all these operations.

1.2.2 Diameter at Breast Height (DBH) - A standard method of expressing the diameter of the trunk or bole of a standing tree 4.5 feet above ground level.

1.2.3 Foliar – Applying an herbicide solution directly to the plants leaves and not the soil.

1.2.4 Injection – This method involves injuring the tree or plant and directly injecting the chemical into that wound.

1.2.5 Cut stump – The herbicide solution is applied directly to the entire top surface immediately after the top has been removed.

1.2.6 Basal Bark – Applying an herbicide mixture with a carrier (normally a type of oil) directly on the lower 14”-18” completely surrounding the base of the target plant.

1.2.7 Scheduled treatment Services – Treatment services for predetermined or preidentified acreage as part of the annual/seasonal treatment plans in the awarded location, park, work unit, or wildlife area, subject to change seasonally or annually.

1.2.8 Unscheduled treatment Services – Treatment services for acreage not predetermined or preidentified within the annual/seasonal treatment plan though within the awarded location, park, work unit or wildlife area.

1.2.9 Basal Area - The basal area of a stand of trees is the sum of the cross-sectional surface areas of each live tree, measured at DBH, and reported in square feet.

1.2.10 Crop tree release: Silvicultural technique used to enhance the performance of individual trees by removing adjacent trees to reduce competition for sunlight.

1.2.11 Light Treatment Services – Reduce basal area by 20 - 29 square feet per acre, be applied to 100 - 199 trees per acre, or complete a three- or four-sided crop tree release 10 - 20 crop trees per acre.

1.2.12 Medium Treatment Services – Reduce basal area by 30 - 40 square feet per acre, be applied to 200 - 400 trees per acre, or complete a three- or four-sided crop tree release 21 - 40 crop trees per acre.

1.2.13 Heavy Treatment Services – Reduce basal area by 41 or more square feet per acre, be applied to >400 trees per acre, or complete a three- or four-sided crop tree release >41 crop trees per acre.

1.3 SPECIFICATIONS

1.3.1 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.

1.3.2 The Contractor(s) shall complete all work to meet or exceed specifications regarding State and Federal regulations on rare species or species designated as threatened or endangered. Specifically, there shall be no felling of trees between April 1st and September 30th to avoid a negative impact on federally endangered bats.

The Contractor(s) shall be responsible to coordinate with DNR concerning special considerations, timeframes, and deadlines concerning such regulations.

1.3.3 Overview maps of the work locations are linked in ATTACHMENT A.

1.3.4 This project is to treat trees and woody vegetation chemically or mechanically in the forest mid-story at various 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. ODNR staff will be available to assist by marking unclear areas.

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

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

1.3.6.1 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.

1.3.6.2 GIS data may be used to delineate treatment areas or treatment progress if the Contractor(s) chooses.

1.3.6.3 Digital mapping files are available to the Contractor(s).

1.4 GENERAL REQUIREMENTS

1.4.1 If a single contractor is awarded multiple work units, the Contractor is required to manage the entirety of every awarded work unit. The Contractor(s) must facilitate simultaneous work in several work units without a disruption to service.

1.4.2 The contractor(s) must complete any work that involves cutting trees (e.g., cut stump) with a 5-inch DBH or greater between October 1st and March 31st of each year. ODNR may consider extensions for delays caused by unfavorable weather conditions.

1.4.3 All identified species (trees and shrubs) in each forest stand are to be treated. A map and a species list of each forest stand will be provided to the awarded Contractor(s). Foliar, injection, cut-stump, and basal bark are accepted methods of treatment. For other treatment methods not mentioned above, prior approval is needed by Division staff.

1.4.4 Prior to any work performed, the contractor(s) shall provide, to ODNR, a treatment plan that must include the method and chemicals to be used for each treatment area.

1.4.5 All work shall be conducted under the supervision of a commercially licensed pesticide applicator with appropriate categories (i.e., forestry 4a) for the treatment. All personnel involved with the treatment must have completed Trained Serviceperson training as Per ODA regulations and Ohio Pesticide Law.

1.4.6 The Contractor(s) must follow pesticide reporting laws set forth by the Ohio Department of Agriculture. Records must be made available to Division staff upon request.

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

1.4.7.1 The Contractor(s) shall coordinate with DNR to avoid scheduling work during unacceptable times.

1.4.7.2 No work will be permitted during deer-gun or deer-muzzleloader seasons. Other potential blackout dates will be made available to the Contractor(s) upon request.

1.4.7.3 The Division staff will identify specific acreage to be treated within the awarded location(s).

1.4.7.3.1 The Contractor(s) shall be responsible for identifying acceptable conditions in advance and scheduling work as necessary to maximize work during these times.

1.4.7.3.2 The Contractor(s) will be responsible for treating the identified acreage within the appropriate timeframe.

1.4.7.3.3 The Contractor(s) is responsible to alert the Agency if the Contractor(s) will be unable to treat the identified acreage within the appropriate timeframe. The Contractor(s) must obtain confirmation, in writing, that the Agency agrees that the acreage cannot be treated for acceptable reasons.

Acceptable reasons include unfavorable weather. Other acceptable reasons are at the discretion of the Agency.

1.4.8 The Agency will identify specific forest stands or acreage to be treated with the issuance of a purchase order (PO).

The Contractor(s) and Division staff shall develop an agreed upon work schedule within seven (7) days after receipt of a (PO).

1.4.9 The Contractor(s) is required to contact the relevant Division staff at least two business days prior to initially entering the property for work.

1.4.10 At the conclusion of treating an area the Contractor and Agency staff must conduct a site evaluation to deem the treatment as satisfactory or if additional treatment is warranted. The Contractor may not submit an invoice prior to the treatment being deemed satisfactory.

1.4.11 Upon award of the contract, 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 conducted via conference call or other virtual meeting resources.

Additionally, the Agency may elect to hold annual kick-off meetings, which the Contractor(s) will be required to attend, to discuss ongoing expectations, changes to tasks, areas of focus, and discuss upcoming needs for the fiscal year and to plan with the contractor(s).

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 - 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/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_10_15_22.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - SOLICITATION CONFERENCE

A solicitation conference will be held on 08/22/23 via virtual meeting to discuss the requirements of the solicitation. The virtual meeting may be accessed via this LINK. The conference will commence promptly at 10:00 am, 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.

Preregistration for the meeting is not required. However, if you would like an email copy of the meeting link, you may contact Tom Nelson, tom.nelson@das.ohio.gov .

5.2 - SITE VISIT:

Prior to submitting their bid response, the bidder should visit the location(s) they are bidding to survey the land and to become familiar with the requirements of the bid. Bidders may visit these locations on their own or they may contact the Wildlife Area point of contact to schedule an appointment.

Work Unit Point of Contact Phone Number Appalachian Hills Stanleigh Archer (740) 403-9080 Berlin Jeremy Byers (330) 654-2392 Cooper Hollow Roy Rucker (740) 682-7524 Darke Bruce Terrill (937) 347-0922 Deer Creek Karen Norris (614) 565-5168 District One North Rob Batterson (614) 424-9985 Fallsville Ron Adams (937) 987-2508 Grand River Ronald Ferenchak (330) 889-3280 Highlandtown Jeff Janosik (330) 679-2201 Indian Creek Randy Morgan (513) 875-2111 Killbuck Marsh Dennis Solon (330) 567-3390 Killdeer Plains Andy Landon (740) 485-1256 La Su An Travis Kruse (419) 340-6523 Magee Marsh Patrick Baranowski (419) 345-9393 Mosquito Creek Lou Orosz (234) 308-2607 Pickerel Creek Jim Brown (419) 342-2247 Rush Runt Bryan Dorsey (513) 726-6795 Salt Fork Jeff Porter (740) 489-5021 Spring Valley Rob Ligas (937) 488-3115 Wildlife District 2 Office Justin Harrington (419) 236-3463 Wildlife District 3 Office Bryan Kay (330) 245-3026 Wildlife District 4 Office Chris Smith (740) 589-9951 Woodbury Andy Hershner (740) 824-3211

5.3 - 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 by work units. Bidders may bid on one or more work units. Failure to bid all items by work unit may result in the bidder being deemed not responsive.

5.4 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by low lot total by work unit. Bidders may bid on one or more work units. 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 by work unit. Failure to bid all items by work unit may result in the bidder being deemed not responsive.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTU0NDVjZjUtYjFhMy00M2VkLWIwYWMtNGJmNWQzN2FiZjc3%40thread.v2/0?context=%7b%22Tid%22%3a%2250f8fcc4-94d8-4f07-84eb-36ed57c7c8a2%22%2c%22Oid%22%3a%220cce0a1c-d289-469b-86df-235f36d4c257%22%7d mailto:tom.nelson@das.ohio.gov

5.5 - LICENSE AND CERTIFICATIONS

Bidders must submit with their bid their Commercially Pesticide Applicator License, issued from Ohio Department of Agriculture (ODA). Failure to submit these licenses may result in the bidder being deemed not responsive.

5.6 - SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

2 03/01/24 This amendment is issued to denote the award of SRC0000014644.

1 12/1/23 This amendment is issued to update the contract title due to administrative error.

ATTACHMENT A

Work Unit Map