ITB022665_Contract_V0.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: FOREST PEST CONTROL: SPOTTED LANTERNFLY TREATMENT; 4

REGIONS

CONTRACT No.: ITB022665

CONTRACT ID: 22665

EFFECTIVE DATES: 08/05/2024 to 7/31/2025

SUPPLIER: A-1 TREE CARE INC.

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

(SRC0000021014). 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 36 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to Ohio Department of Agriculture, 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://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepa ge

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 Background

Lycorma delicatula (spotted lanternfly; Grape Commodity Priority Pest) is a planthopper with many hosts important to Ohio including grape (Vitis), fruit trees (Malus, Prunus), hops (Humulus), blueberry (Vaccimium), oak (Quercus), maple (Acer), willow (Salix), birch (Betula), sumac (Rhus), and walnut (Juglans). The exotic invasive tree of heaven (Ailanthus altissima) reportedly plays an important part for the pest to develop a healthy life cycle. Host selection changes through developmental stages. Adults mainly feed on A. altissima and grapevines and nymphs feed on a wide range of hosts, both are sapsucking stages that feed on stems and leaves resulting in bleeding stems and reduced photosynthesis, which may ultimately contribute to mortality.

The Ohio Department of Agriculture has organized a spotted lanternfly (SLF) program to identify SLF infestations and work to slow the spread of this invasive pest. The goal of this project is to conduct a widespread assessment of spotted lanternfly (Lycorma delicatula; SLF) pathways in response to the introduction of SLF to Ohio. Multiple suppression treatment methods will be conducted throughout 2024, at critical life stages of SLF in areas that have been determined to harbor an established population.

1.2 Scope:

The program’s goal for this contract is to apply approved pesticides or herbicides to assigned areas, throughout the State of Ohio, to suppress the SLF and host tree populations and slow the spread of SLF to other areas of the state as well as neighboring states. Treatment areas will be identified by the Ohio Department of Agriculture (ODA) and maps will be provided to the successful bidder(s). Areas of application work may include forests, woodlots, fencerows, trees located along streets, backyards, park lands, railroads, industrial parks, cemeteries, nature preserves, etc.

Treatment work will require interaction with the public and residents. ODA will work together with the contractor(s) to secure appropriate permissions for treatment on assigned properties. Care will be taken to minimize the risk of exposure of the people, pets, and non-target animals including beneficial insects. All required records of pesticide applications, conditions, etc. must be collected at the time of application and made available to ODA program staff upon request.

1.3 Work Requirements

1.3.1 Applicators - The Contractor(s) must provide enough applicators, per region awarded, trained to apply the approved products under the supervision of a crew leader. Applicators must be able to communicate effectively (in English) and be able to comprehend detailed instructions.

1.3.2. Crew Leader - The Contractor(s) must provide a dedicated, experienced, crew leader to manage the crews. There must be one crew leader for every application crew. The crew leader is expected to be always in the field. Crew leaders must hold a commercial applicator license from the Ohio Department of Agriculture in all required categories for the application work. The Contractor(s) must immediately replace the crew leader in the event of separation or when the existing crew leader is on leave. The Contractor(s) must notify program staff (ODA) in advance of the change in personnel.

1.3.3. Project Manager - The Contractor(s) must provide a dedicated, experienced Project Manager to oversee all aspects of the treatment contract. The Project Manager will have overall responsibility for ensuring the successful execution of the contract. The Project Manager must hold a commercial applicator license from the Ohio Department of Agriculture in all required categories for the application work and may function as crew leader during field operations. The Contractor(s) must immediately replace the Project Manager in the event of separation or when the existing Project Manager is on leave. The Contractor(s) must notify program staff (ODA) in advance of the change in personnel. If the Contractor is awarded more than one bid region only a single Project Manager is required to cover all bid regions that the contractor is awarded.

1.3.4. Equipment - The Contractor(s) must ensure that all supplies, equipment, and materials required for use in the performance of this contract are in good operating condition. Equipment that is in unsatisfactory condition, or otherwise determined by the program staff to be to be unsuitable for safe and efficient performance of the services required of this contract, must not be used, and promptly removed from the work site and replaced with supplies, equipment, and material that are in good operating condition. Equipment failure is not an acceptable cause of work delays.

1.3.5 Pesticides - The Contractor(s) must provide all pesticides to be used in the completion of the assigned services. Unless specified otherwise by ODA when assigning a project, all herbicide treatments will be made using hack and squirt, foliar, cut stump, or basal bark application of Triclopyr herbicide and all insecticide treatments will be made as bark/trunk applications of Dinotefuran Tree Care 70WSP (or equivalent) or broadcast insecticide applications will be made with Bifenthrin at mid-label rate unless specified otherwise by

ODA.

1.3.5.1. All trees treated with systemic insecticide are to be marked on at least 3 sides with any colored paint other than red OR basal dyes will be used.

1.3.5.2 The Contractor(s) must arrange for delivery of pesticides to a suitable site where they will be secured and protected from damage. The Contractor(s) is responsible for transporting pesticides from the storage site to the treatment site.

1.3.5.3 The Contractor(s) is responsible for determining any operational constraints associated with the pesticide materials provided. The constraints may include special requirements for handling, mixing, storage, transportation, and treatment that could impact the effectiveness of treatment.

1.3.5.4 The Contractor(s) is responsible for providing replacement products, if necessary, to ensure the effectiveness of the application.

1.3.5.5 The Contractor(s) must complete all pesticide applications in accordance with pesticide label guidelines for the specified application method.

1.3.5.6 Applicators must follow all label requirements with respect to treatments made near bodies of water.

1.3.5.7 The Contractor(s) must ensure that all pesticide containers are disposed of properly in the manner specified on the labeling of the product.

1.3.6 Contract Work Hours and Weather Delays - There are numerous biological, entomological, and physical factors that determine the time and method of treatment. Starting and completing treatments on time is critical to the success of the SLF program. Workdays must primarily consist of an 8-hour workday, 40 hours per week, Monday through Friday, between 7:30 AM and 4:00 PM, except for Federal holidays. Overtime, weekend, or holiday work may be required. Work may be suspended due to adverse weather conditions. Saturday work or differing work hours (e.g., late starts due to inclement weather) may be coordinated with the ODA representative and the contractor. Workdays may be affected by weather conditions. Planning, scheduling, and staffing for completion of the operation should include anticipation of adverse weather delays. In the event a Contractor is awarded multiple bid regions, work required in multiple regions would be expected to proceed concurrently with appropriate certified staff at each treatment location.

1.3.7 Public Relations:

It is essential for all employees of the Contractor(s) to display a positive image of their demeanor and appearance as a representative of the SLF program by ensuring that their employees maintain favorable relations with the public. Work must be completed in such a way as to minimize inconvenience or disruption to the public and property owners. Work sites must be restored to their original condition at the end of each day. Personnel must be always courteous and respectful in their communication with property owners. All personnel working for the Contractor must always carry identification documenting employment by the Contractor for the project. Personnel must wear a company uniform and insignia visible to the public. Work must be performed with care, taking precautions against damage to property and interference with vehicular or pedestrian traffic. Treatment crews must park vehicles keeping in mind not to block driveways, lanes, roads, streets, etc. and minimize the number of vehicles in the work area by carpooling. The contract crews must be responsible for any damage caused to trees, plants, grass, vegetation, or other fixtures during the inspection process. Each treatment crew must have a cell phone and be available to answer calls in the field from their foreman/manager/supervisor, ODA representative, or other key SLF Program staff.

1.3.8 Contractor Liability - The Contractor(s) is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, of work performed. The Contractor(s) must immediately notify program staff, of any damages, losses, or injuries occurring during the performance of this contract.

1.3.9 Vehicle Identification - The Contractor’s vehicles must be clearly marked to identify the vehicle as being part of the Contractor’s fleet and identified as an SLF program contractor vehicle.

1.3.10 Contractor Quality Control - The Contractor(s) must develop and maintain an effective pro-active quality control program to ensure services are performed in accordance with this SOW. The Contractor must develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services or mistakes by surveyors. The Contractor(s) must ensure management oversight and supervision, training to employees (including subcontractor employees), errorfree work, early problem detection and corrective actions, increased productivity and efficiency, and superior public relations. The Contractor(s) must provide to the ODA designated representative(s) a weekly report of quality control field observations and any issues as they arise.

This report should include any steps taken to ensure errors are not repeated.

1.3.11 Failure to Perform - If ODA determines that the Contractor(s) is not meeting the requirements set forth in the contract, the state may temporarily stop all work being performed until the Contractor(s) can rectify the problem or require the Contractor(s) to re-perform the work at no additional cost to the state. When an observation indicates defective performance, the Contractor(s) must immediately incorporate corrective actions into their quality control system, provide training to the employee responsible for the defective performance, and/or replace the employee. Should the problem employee need to be replaced, the Contractor(s) will be responsible for the return transportation costs for the employee and the initial reporting transportation costs for the replacement employee. The ODA representatives with input from the Contractor(s), will decide what type of action will be taken, depending on the severity of the deficiencies and frequency of occurrence.

1.5 MINIMUM QUALIFICATION REQUIREMENTS

All surveyors must have at least one year of related specialized experience, such as inspecting plants for the presence of pests, surveying areas for plant pests or for the presence of alternate plant hosts, performing survey and or eradication procedures in a local pest control program or successful completion of a 2 year degree from an accredited college of university, that included at least 16 semester hours in coursework such as biology, plant pathology, entomology, zoology, botany, forestry, chemistry or agriculture.

All surveyors must be able to identify SLF host trees during all seasons.

All crew leaders and Project managers must hold a commercial applicator license from the Ohio Department of Agriculture.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) 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 SpecificTerms 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 - 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.

3.4 - 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 - 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”.

3.6 - Additional Insurance Requirements - In addition to the requirements in the Standard Terms and Conditions, the following applies: Chemical application coverage for bodily injury, property damage, products and completed operations due to the application of pesticides at the location applied and for third party claims. Sub-limits shall not be less than $300,000 per occurrence and aggregate. Coverage may be purchased as an endorsement on the general liability policy, or the Contractor may purchase a separate policy for errors and omissions relating to pesticide application, provided the coverage purchased meets the requirements of Ohio Administrative Code 901:5- 11-07.

3.7 DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on State property or performing work on behalf of the State, will not purchase, transfer, use, or possess https://procure.ohio.gov/static/TCond/Standard_T_C%203-1-24.pdf illegal drugs, non-medical cannabis (recreational marijuana), or alcohol, or abuse prescription drugs or medical marijuana in any way.

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - EVALUATION

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

multiply the Per Unit of each line item by the Estimated Usage to arrive at a line-item total. The line items totals for that bid region will be added together for a low lot total per bid region. Failure to bid on all items in a bid region may deem the response not responsive and no further consideration for award will be given.

5.1.1 - BIDDER SUBMITTALS As part of their Bid submittals, each Bidder should provide with their bid. If not provided as part of their bid response, the Bidder Must provide said submittals within five (5) calendar days after request/notification by the Office of procurement Services to do so.:

5.1.1.1 - A corporate letter certifying that the majority of the company’s work for the past three (3) years has been primarily in performance of tree survey and/or care, from the ground, utilizing the use of bucket trucks as well as tree climbers.

5.1.1.2 - The Bidder should include the reference document, as part of their submission documenting three (3) references that have received services from the bidder in the past three (3) years.

5.1.1.3 - Copy of the crew leaders’ and project managers’ commercial applicator license from the Ohio Department of Agriculture.

5.2 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by bid region. Failure to bid on all items in a bid region may result in the bidder being deemed not responsive. Bidders may bid on one or more bid regions.

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

6.1 EXHIBIT ONE: REGIONAL MAP

5.2 - CONTRACT AWARD