ITB023535_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: DNR FORESTRY MULCHING AND CLEARING SERVICES (Berlin, Mosquito Creek and District 3 Office)

CONTRACT No.: ITB023535

CONTRACT ID: 23535

EFFECTIVE DATES: 5/23/2025 to 4/30/2026

SUPPLIER: H&H Land Clearing LLC

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

SRC0000022467. 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 48 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to 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://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.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 forestry mulching and clearing at Wildlife Areas throughout Ohio. The work includes cutting, mulching, and mechanical chipping of woody vegetation. Soil conditions vary and may include wet and poorly drained soils. All work must be performed within the specified time ranges.

1.1.1 The cost must include all materials, equipment, qualified/certified labor, logistics, and personnel transportation necessary for the successful completion of all the services.

1.1.2 The Contractor is required to manage the entirety of every awarded work unit. The Contractor(s) must facilitate simultaneous work in all awarded work units without a disruption to service. Failure to service all awarded work units, simultaneously during the life of the contract, will result in breach of contract and damages being assessed.

1.1.3 The Contractor(s) shall complete all work to meet or exceed specifications regarding State and

Federal regulations on rare or listed species. The Contractor(s) shall be responsible to coordinate with DNR concerning special considerations, timeframes, and deadlines concerning such regulations.

1.1.4 Overview maps of the work locations are in SUPPLEMENT A. Available site specific maps are in

ATTACHMENT A.

1.2 DEFINITIONS

1.2.1 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.

1.2.2 Slope - inclines greater than 3 horizontals to 1 vertical and are relatively inaccessible to the use of conventional mowing equipment.

1.2.3 Scheduled Forestry Mulching Services – Clearing services for predetermined or preidentified acreage presented to the Contractor no later than 30 days following award of the contract and by March 1st annually in subsequent years with a purchase order opened upon approval of the state budget (approximately July 1st). These areas will change annually.

1.2.4 Unscheduled Forestry Mulching Services – Mulching and Clearing services for acreage not predetermined or preidentified to the Contractor until after March 1st annually.

1.2.5 Miscellaneous Services – Services not specified in the scope of work but performed to facilitate access to Scheduled or Unscheduled Forestry Mulching and Clearing Service areas, or property boundary clearing within the awarded work unit. Miscellaneous Services will be calculated using materials markup percentage and labor time rate basis. The utilization of the miscellaneous services is at the sole discretion of the Agency. Miscellaneous services performed without the written consent of the Agency will be at the expense of the Contractor. If rental equipment is needed to perform contracted work, the supplier may invoice for the rental equipment at cost with provided supplier rental agreement.

1.2.5.1 Materials markup percentage – All materials and supplies shall be appropriate for the intended use. Markups shall not exceed 30% over the Contractor’s invoice cost. For all materials and supplies, the Contractors shall include the Contractor’s original invoice for the materials and supplies purchased.

1.2.5.2 Miscellaneous Labor Rate – Hourly labor rate to perform work not specified in the scope of work for scheduled or unscheduled Forestry Mulching and Clearing service within the awarded work unit.

1.3 GENERAL REQUIREMENTS

1.3.1 This project is for forestry mulching and clearing within various State wildlife areas as 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. DNR, Division of Wildlife staff will be available to assist by marking unclear areas.

1.3.2 All forestry mulching (trees and shrubs) within the identified fields should be cut to below the root collar, approximately 1” below ground level. Woody vegetation less than 5” DBH should be mulched in place. Woody vegetation greater than 5” DBH must be piled at the field edge. Clearing must occur either July 15th-September 15th and January 15th -March 1st for vegetation <5” DBH or any invasive shrub; or between January 15th-March 1st for native vegetation >5” DBH.

1.3.3 Due to the presence of rare species at Killdeer Plains (Wyandot County), Willard Marsh (Huron County), and Spring Valley (Greene County) Wildlife areas all clearing must occur January 15th-March 1st.

1.3.4 The Contractor(s) will not be responsible to clear sloped land resulting from manmade structures such as those on the sides of dams or levees. However, terrain will vary and may include sloped hillsides. It is the responsibility of the contractor to have a general knowledge of the terrain for each work unit prior to bidding.

1.3.5 The Contractor(s) will be required to attend an annual kick-off meeting no later than 30 days following award of the contract in the initial year and before February 1st each year thereafter. The kick-off meeting will be used to review the detailed expectations of the Contractor(s), to discuss ongoing expectations, changes to terrain, or areas of focus. Such a meeting may be in-person or conducted via conference call or other virtual meeting resources.

1.3.6 DNR, Division of Wildlife project agent(s) will identify specific fields or acreage to be cleared within the awarded location(s) by sending the Contractor(s) georeferenced PDF maps by March 1st annually.

1.3.7 The Contractor(s) will be required to attend an on-site field visit with each work location’s supervisor to orient the contractor with the wildlife area and fields to be cleared that year by April 1st annually.

Both parties will discuss the scheduled services, and any miscellaneous services needed. The contractor will be required to develop a work plan finalizing the Scope of Work details for the specific fields or acreage to be cleared, include proposed work schedule, any miscellaneous services to be completed, include a cost estimate which includes the planned quantities of each line item and the associated costs, representative photographs of each field before work is completed, and will be submitted to the work location’s Project Agent for approval no later than May 1st annually.

1.3.8 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, access lane clearing or maintenance, culvert repair or installation, or other services to facilitate access to clearing areas. Miscellaneous services performed without the written consent of the Agency will be at the expense of the supplier.

1.3.9 Upon the agency’s approval of the work plan, a draft purchase order (PO) will be opened, and the work schedule finalized no later than June 1st annually. By July 1st, or upon approval of the state budget, the agency will issue final purchase orders to the Contractor(s).

https://gis.ohiodnr.gov/MapViewer/?config=ODNRLands

1.3.10 When the agency determines a need for unscheduled services, the project agent will provide maps to the Contractor. Both parties will discuss the need for an on-stie visit to review the details of the work and the location. Contractor will respond within 30 days of the on-site meeting or initial notification from the agency, whichever is later with a work plan for the unscheduled services. The work plan for the unscheduled services must include the same information required for scheduled services. Agency will approve of the work plan by opening a purchase order.

1.3.11 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.

1.3.12 To prevent the introduction or spread of noxious weeds or invasive species, equipment shall be free of vegetative debris before mobilizing equipment to ODNR property, before moving to different fields within a wildlife area, and before leaving ODNR property. While on ODNR property cleaning may be performed within the field upon completion and before moving to the next field.

1.3.13 Work must be conducted under favorable ground conditions.

1.3.13.1 The Contractor(s) shall be responsible for identifying acceptable ground conditions in advance and scheduling work as necessary to maximize work during these times. Any ground disturbance must be kept to a minimum and equipment with low ground pressure is encouraged but not required. If ruts exceed 6 (six) inches in depth regularly, the Contractor(s) must stop work immediately. Any resulting damage must be repaired to its original condition and the satisfaction of the Area Agent, prior to demobilization. The Area Agent may shut down or suspend work if they conclude conditions are unfavorable.

1.3.13.2 The Contractor(s) is responsible for alerting the Agency if the Contractor(s) will be unable to clear the identified acreage within the appropriate timeframe. The Contractor(s) must obtain confirmation, in writing, that the Agency agrees that the acreage cannot be cleared for acceptable reasons. Acceptable reasons include unfavorable weather or ground conditions.

Other acceptable reasons are at the discretion of the Agency.

1.3.14 Fields to be cleared will change annually and will require the Contractor(s) to coordinate with DNR in subsequent years. Such coordination will occur via the annual kick-off meetings and on-site field visits.

1.3.15 A field visit with the location’s project agent must be conducted prior to submitting any invoices for work completed, and prior to demobilization at the completion of each year’s work.

1.3.16 The Contractor must photograph the area before and after work is completed. The Contractor must provide the photographs to the Agency with the invoice.

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 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) 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.

5 - SPECIAL INSTRUCTIONS TO BIDDERS

After award, a Contractor may request to terminate the award of specific work units if the Contractor determines that the awarded work units exceed the Contractor's capacity to successfully perform the contract. The Contractor shall provide written notice of such termination to DAS within 30-days of the award notification. The Contractor will not be liable for any damages or penalties arising from such termination.

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 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.

https://procure.ohio.gov/static/TCond/Standard_T_C%203-1-24.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

5.2 - 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.

5.3 - SOLICITATION CONFERENCE

A solicitation conference will be held on 03/26/2025 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 11:00 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 Kirk Davis, Kirkland.Davis@das.ohio.gov.

5.4 - SITE VISIT

Prior to submitting their bid response, the bidder should visit the location(s) they are bidding on 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 Jordan Skates (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 Mosquito Creek Ronald Ferenchak (234) 308-2607 Highlandtown Bryan Kay (330) 245-3026 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 Patrick Baranowski (419) 345-9393 Pickerel Creek Jim Brown (419) 280-4771 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 Reino Kalinen (740) 824-3211 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTI5NWUzNDQtYjg4ZS00OThmLWEyMDQtYTU3ZDRmMDY2YjRk%40thread.v2/0?context=%7b%22Tid%22%3a%2250f8fcc4-94d8-4f07-84eb-36ed57c7c8a2%22%2c%22Oid%22%3a%221c6530b3-c49d-4f34-a078-a75c86a7db61%22%7d mailto:Kirkland.Davis@das.ohio.gov

SUPPLEMENT A

SITE MAP