ITB026059_Contract_V1.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: AGR-COLLECTION AND DISPOSAL OF PESTICIDES (i.e.

HERBICIDES, INSECTICIDES, FUNGICIDES)

CONTRACT No.:ITB26059

CONTRACT ID:26059

EFFECTIVE DATES:8/1/2025 to12/31/2028

SUPPLIER: MXI ENVIRONMENTAL SERVICES LLC

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

(SRC0000027057). 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 24 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

The State of Ohio, Department of Administrative Services, Office of Procurement Services for the Ohio Department of Agriculture (hereafter Agency) is soliciting qualified Contractors to provide services for proper disposal of unusable pesticides (i.e. herbicides, insecticides, fungicides etc.). Qualified firms are requested to respond to this Bid if they can provide services of storage, packaging, labeling, transporting and record keeping related to the safe and proper collection and shipment of the waste material to an approved treatment or disposal facility. The selected Contractor will possess the necessary documented capability and capacity to conduct handling, identification, and disposal of hazardous waste to an approved treatment or disposal facility. This Bid is based on U.S. EPA’s initiative to address pesticide usage and disposal of chemicals in the watersheds of the Great Lakes.

1.2 - THE SELECTED CONTRACTOR WILL:

1.2.1 - Participate in community/public relations programs as requested by the Agency.

1.2.2 - Develop specific safety plans for each collection site location.

1.2.3 - Develop plans for setting up, operating, and restoring collection sites.

1.2.4 - Inventory and pack all pesticide waste accepted for transportation, treatment and disposal.

1.2.5 - Arrange for the final treatment or disposal of all collected pesticide waste.

1.2.6 - Submit detailed reports within established time schedules explaining all activities performed and other information concerning services provided. The Contractor shall develop the format of these reports and review with the agency for acceptance at the beginning of the contract.

1.3 - COMPLIANCE WITH FEDERAL AND STATE LAW:

1.3.1 - The Contractor will comply with all applicable federal and state laws and regulations and all subsequent amendments thereof including, but not limited to the following:

1.3.1.1 - Ohio Solid and Hazardous Waste Management Law (ORC 3734) and Ohio Solid, Universal and Hazardous Waste Rules (OAC Chapters 3745-27 and 3745-49 through 69 and 273).

1.3.1.2 - Federal Occupational Safety and Health Act of 1970 (OSHA).

1.3.1.3 - Federal Resource Conservation and Recovery Act of 1976 (RCRA).

1.3.1.4 - Federal Comprehensive Environmental Response Compensation and Liability Act of 1980

(CERCLA).

1.3.1.5 - Federal Hazardous Material Transportation Regulations (49 CFR 172).

1.3.1.6 - Water Pollution Control Act (ORC 6111).

1.3.1.7 - Federal Hazardous and Solid Waste Act of 1984.

1.4 - SOURCE OF WASTE:

1.4.1 - Project participants (i.e. agricultural producers / farmers) will transport the waste to the collection site.

The Agency personnel will screen the materials to ensure that they meet the criteria for pesticide waste. Once the material meets such criteria, the waste will be managed according to universal waste guidelines.

1.4.2 - The Agency has compiled a list of the more common unwanted/unusable pesticides:

Insecticides: Fungicides Herbicides:

Pressurized Containers

DDT Any crop product Metolachlor Aerosols

Bifenthrin Atrazine Flammables

Carbaryl Simazine Acid & Acid Compatible

Chlorpyrifos Glyphosate

Lead Arsenate 2,4-D

1.5 - WASTE COLLECTION SITES:

1.5.1 - Project participants will not be required to pre-register for the project.

1.5.2 - The Contractor will weigh all pesticides. The Contractor’s personnel will be responsible for unloading the vehicles. The Contractor will be responsible for sorting, maintaining inventories, packaging, storing, and transporting the waste to treatment and disposal facilities. Forklift or forked skid steer or other means of loading/unloading large containers to be provided by the Contractor. The Contractor will be responsible for all Department of Transportation or other required paperwork.

1.5.3 - The Contractor will be responsible for site safety, preparation, and security, including placement of berms, tarping the areas and arranging for awnings to be put up if necessary, spill containment and cleanup, and site restoration at the collection sites.

1.5.4 - The Agency will target counties throughout the state of Ohio based on the needs and available funding. The Agency will notify the Contractor one (1) month in advance of the target counties for a project.

The Agency will announce the collection sites approximately three (3) weeks prior to the collection date. The Agency will determine the number of collection sites and locations.

1.5.5 - All materials will be packaged by the end of the collection day and transported off-site by the day following the collection event.

1.6 - CONTRACTOR’S RESPONSIBILITIES:

1.6.1 - The Contractor will:

1.6.1.1 - Become familiar with and abide by current federal laws and regulations, state statutes and rules, and local ordinances which could impact pricing or performance.

1.6.1.2 - Designate a representative with legal authority to act for the firm. Communications from that point on will be through the designated representative.

1.6.2 - The awarded Contractor will report the following during the project Contract period:

1.6.2.1 - All records of waste types received during the collection event(s) and manifests prepared.

These are to be submitted to the Department within seven (7) days following completion of the collection event(s). The Contractor shall develop the format of this report and review with the agency for acceptance at the beginning of the contract.

1.6.2.2 - A spill incident report for each spill containing the information required by OAC Chapter 3745-53 and 40 CFR Part 263.

1.6.2.3 - Any deviation of more than ten (10) days from the project schedule provided in 1.5.4. of this Contract, and the cause for such deviation.

1.6.2.4 - Any land ban exemption notifications provided to EPA.

1.6.2.5 - Manifest discrepancy reports, if necessary.

1.6.2.6 - Certificates of final treatment and/or disposal.

1.6.2.7 - A final report summarizing all activities that occurred during the project period. This is to be submitted to the Agency within twenty-one (21) days of final shipment to a recycling, treatment or disposal facility.

1.6.2.8 - The EPA identification number for the firm and individuals who are proposed participants in the Contract.

1.6.3 - Sub-Contractors can be used by the Bidder for landfill or incineration only. A list of all subcontractors needs to be provided with the bid, if planning to utilize them.

1.7 - TAXES, FEES, PERMITS AND LICENSES:

1.7.1 - The Contractor will pay for and maintain in current status any and all taxes, any license fees, assessments, permit charges, etc., which are necessary to contract performance, at no additional cost to the state.

1.7.2 - It is the Contractor’s sole responsibility to monitor and determine any changes or the enactment of any subsequent regulations for fees, assessments or charges and to immediately comply with changes or regulations during the entire term of the agreement.

1.7.3 - The Contractor will secure and maintain any licenses and permits necessary for transportation of hazardous waste in Ohio and any other states through which wastes will be transported.

1.8 - RETENTION OF RECORDS:

The Contractor must retain all records relating to the contract for a period of seven (7) years following the date of final payment or completion of any required audit, whichever is earlier. Any authorized representative of ODA shall have access to and the right to examine, audit, excerpt, and transcribe all records within a reasonable time.

1.9 - AGENCY CONTACT:

1.9.1 - The Agency will provide the awarded Contractor with the contact information for the designated point of contact for the Agency. This contact will be the resource for the Contractor for any program issues and invoicing.

1.9.2 - The Contractor will address all invoices as follows:

Ohio Department of Agriculture Pesticide and Fertilizer Regulation Section 8995 E. Main Street, Bldg. 23 Reynoldsburg, Ohio 43068

1.10 - Minimum Invoice Since there will be no pre-registration of participants, the actual poundage per collection date is unknown. The Contractor’s minimum invoice will be for one thousand (1,000) pounds or the actual collected weight, whichever is greater, billed at the Contractor’s 0-9,999 pounds and below collection and disposal cost for incineration.

2 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/31/25) govern this Contract and are incorporated as if fully rewritten herein.

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 - Additional Insurance Requirement in addition to the requirements in the Standard Terms and Conditions, the following applies:

3.3.1 - Commercial General Liability (CGL): written on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $10,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The defense costs shall be outside the policy limit.

3.3.2 - Automobile Liability insurance covering all owned, non-owned or hired vehicles, with a combined single limit of no less than $10,000,000. The policy shall include Pollution Liability coverage equivalent to that provided under the ISO Pollution Liability Broadened Coverage for Covered Autos endorsement (CA 99 48), and the Motor Carrier Act endorsement (MCS 90).

3.3.3 - Pollution Liability insurance for first and third-party claims, on and off-site, including non-owned waste disposal sites and transportation and disposal of waste, with a per contract dedicated limit of no less than $10,000,000 each loss.

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 - 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.

3.6 - 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.

3.7 - 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 https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf 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”.

3.8 - FIXED PRICE WITH LANDFILL COST ADJUSTMENT

During the life of an awarded contract, changes may occur in state or local rates assessed to landfills that may affect the landfill dumping rates charged to the Contractor. In such cases, the Contractor, upon thirty (30) days prior written notice, may petition DAS to increase the contract price(s) by the exact amount of the increase in landfill dumping rates. The Contractor must submit documentary evidence to fully support the claim to DAS prior to making any price adjustment to their contract price(s). If DAS approves the increase, the increase will become effective for the remaining life of the awarded contract.

Approval of said increase is subject to the sole discretion of the DAS. No petitions for increase will be considered for landfill dumping fee increases assessed prior to the effective date of the contract.

3.9 - 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 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 - 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.

5.2 - EVALUATION

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

evaluate bids 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.

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

5.3 - BIDDER REFERENCE AND DOCUMENTS

5.3.1 - The bidder will provide three (3) offeror references documenting their experience of collecting and disposal of pesticides (i.e. herbicides, insecticides, fungicides) on Attachment 1 with their bid response.

5.3.2 - The bidder must provide the Cost Allocation below. The Cost table provides the breakdown by category of the Bidder’s costs. The table will be filled out completely to facilitate any future price increases.

Failure to completely fill out the table may result in the Bidder being declared nonresponsive. The total for all categories will be equal to 100%. Any deviation from 100% for each category is considered “Other” costs.

Allocation of Cost for Landfill Allocation of Cost for Incineration

Labor Costs % Labor Costs %

Equipment Costs % Equipment Costs %

Transportation Costs % Transportation Costs %

Administrative Costs % Administrative Costs %

Landfill Costs % Landfill Costs %

5.3.3 - If any of the documents above are not provided as part of the bid response, the Bidder will provide said documentation within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish minimum qualifications either as part of their bid response or within the time specified herein will deem the bidder not responsive.

1.6.3 - Sub-Contractors can be used by the Bidder for landfill or incineration only. A list of all subcontractors needs to be provided with the bid, if planning to utilize them.