ITB017049_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: GRAVEL ROAD MAINTENANCE - ODNR WILDLIFE AREAS (*Berlin, Cooper Hollow, Darke, Deer Creek, District One North, Fallsville, Grand River, Highlandtown, Indian Creek, Killbuck Marsh, Killdeer Plains, La Su An, Magee Marsh, Mosquito Creek, Pickerel Creek, Rush Run, Spring Valley, Wildlife District 2 Office, Wildlife District 3 Office & Woodbury)

CONTRACT No.: ITB017049

CONTRACT ID: CTR017049

EFFECTIVE DATES: 12/01/2023 to 9/30/2026

SUPPLIER: PETTY FARMS, LLC

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

SRC0000006158. 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 09/30/28 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 additional work units as a result of the award of SRC0000014650.

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 gravel road maintenance on ODNR properties throughout Ohio. Services include road grading, top-dressing with stone. All work must be completed between May 1st and June 30th or October 1st to November 30th each year. Requests for extensions will only be considered for delays caused by unfavorable ground or weather conditions.

1.1.1 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.

1.1.2 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.

1.1.3 Overview maps of the work locations are included as SUPPLEMENT A.

1.2 GOVERNANCE & LICENSURE:

1.2.1 Contractor(s) must hold and maintain appropriate registration of equipment (i.e., road vehicle(s), etc.) and appropriate license(s) and certification(s) to operate equipment (i.e., Driver’s license, CDL classification, etc.).

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

1.2.3 At the request of the Agency a Contractor(s) must supply a copy of any relevant licenses, registrations, or certifications.

1.3 DEFINITIONS:

1.3.1 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.

1.3.2 Road Grading – Grading with heavy equipment to restore the profile of the road to a smooth surface free of potholes and re-establish a crown (where applicable) to allow run-off into adjacent road ditch.

1.3.3 Crowning – Creating a peak in the center of the road with a 3%-5% slope from the centerline of the road to the road’s edge. Allows water to run from the surface of the road, into the adjacent road ditch. Crowns do not need to be established if the road has sufficient slope for the entire width to promote drainage towards the ditch.

1.3.4 Top-dressing – Applying a ¾” layer of #57 limestone after grading and crowning.

1.3.5 Scheduled Services – Grading, top-dressing, culvert replacement, or ditch maintenance services for pre-determined or pre-identified roadways as part of the annual/seasonal grading plans in the awarded location, park, work unit, or wildlife area, subject to change seasonally or annually.

1.3.6 Unscheduled Services – Grading, top-dressing, culvert replacement, or ditch maintenance for roads not pre-determined or pre-identified within the annual/seasonal plan though within the awarded location, park, work unit or wildlife area.

1.4 SCOPE:

This project is to properly grade gravel surfaced roadways and top-dress with #57 limestone, when necessary, at various state wildlife areas identified in SUPPLEMENT 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 by using road maps. ODNR, Division of Wildlife staff will be available to assist by providing maps, GIS shapefiles or marking project areas.

1.4.1 Roadways to be graded may change annually and will require the Contractor(s) to coordinate with DNR in subsequent years.

1.5 SPECIFICATIONS:

1.5.1 The following will be required where indicated:

1.5.1.1 Roads must be graded with heavy equipment to restore the profile of the road to a smooth surface free of potholes and re-establish a crown (where applicable) to allow run-off into adjacent road ditches.

1.5.1.2 Top-dressing with #57 limestone, 3/4“thickness, using ODOT 703 Aggregate for Limestone size No. 57.

1.5.1.3 Contractor(s) is required to provide weight slip to verify required top-dressing thickness at a conversion of 2400 pounds slip weight to 1 cubic yard.

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

1.5.2.1 The Contractor(s) may use digital mapping files to view the roadways within programs such as Google Earth to assist them in defining the locations of the roadways mapped herein.

1.5.2.2 GIS data may be used to delineate roadways or work progress if the Contractor(s) chooses so.

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

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

1.5.3.1 The Contractor(s) shall coordinate with DNR to avoid scheduling work during unacceptable times or ground conditions.

1.5.3.2 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.

1.5.3.3 The DNR, Division of Wildlife project agent(s) will identify specific roadways to be maintained within the awarded location(s).

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

B. The Contractor(s) will be responsible for grading the identified roadways within the appropriate timeframe.

C. The Contractor(s) is responsible for alerting the Agency if the Contractor(s) will be unable to grade the identified roadways within the appropriate timeframe. The Contractor(s) must obtain confirmation, in writing, that the Agency agrees that the roadway cannot be graded for acceptable reasons. Acceptable reasons include unfavorable weather or ground conditions. Other acceptable reasons are at the discretion of the Agency.

1.5.3.4 The Agency will identify specific roadways to be graded with the issuance of a purchase order (PO). The agency’s expectation is that the contractor(s) will begin work within seven days after receipt of the PO. The agency expects to have multiple roads being maintained across the State simultaneously. Contractor(s) bidding on multiple work areas must be able to accomplish work simultaneously in different areas of the state.

1.5.3.5 The Contractor(s) is required to contact the DNR, Division of Wildlife project agent(s) at least two business days prior to initially entering the property for work.

1.5.4 The Contractor(s) should recognize that weather conditions may not be suitable, and that safety precautions shall be implemented and utilized throughout the duration of the project(s).

1.5.5 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 all job and safety trainings, precautions, and programs in connection with the Project, and for coordinating all portions of the Project.

1.5.6 The Contractor’s fee structure should be all-inclusive and estimated based on price per square foot.

1.5.7 The agency will be invoiced monthly, for work performed, unless mutually agreed upon otherwise.

1.5.8 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).

1.5.9 If additional work is needed which is not specified in the scope of work, the Agency may order that work from the Contractor(s) by utilizing the miscellaneous services time and materials rates. The utilization of the miscellaneous services is at the sole discretion of the Agency and may include, but not limited to, culvert repair or installation, ditch maintenance, and repairs to the base layer or subsoil. Miscellaneous services performed without the written consent of the Agency will be at the expense of the supplier.

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 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”.

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

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - SOLICITATION CONFERENCE

A solicitation conference will be held on 08/21/23 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 Run 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 https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDA1ZDUwNTctNGNiNS00YmI3LWJlY2QtYzE1YjhjZTA5NDVm%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

5.3 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will: 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(s) 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.

5.5 - SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

1 06/01/2024 This amendment is issued to denote the award of SRC0000014650.

6 - SUPPLEMENT A

SITE MAPS