ITB035832 Contract.pdfITB035832 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: Vegetation Management for Unclassified Dams

CONTRACT No.: ITB035832

CONTRACT ID: CTR35832

EFFECTIVE DATES:7/1/2026 to 6/30/2027

SUPPLIER: UNDEFINED

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

SRC0000036516. 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 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://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

This contract is for the reoccurring annual mowing of grass and herbaceous vegetation, as well as the treatment of woody vegetation with a diameter at breast height (DBH) of less than five inches, on unclassified dams located within various Wildlife Areas across Ohio. The scope of work includes maintaining grass and herbaceous vegetation at a height of 18-inches or less year-round, and the treatment or removal of woody vegetation within the footprint of wetland structures, in accordance with specified seasonal timelines and access restrictions.

1.2 SPECIFICATIONS

1.2.1 All pricing must include materials, herbicides, equipment, qualified and certified labor, transportation, logistics, and equipment mobilization necessary to complete the services described herein.

1.2.2 The Contractor must 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 must be no felling of trees greater than five-inch DBH between April 1st and September 30th to avoid a negative impact on federally endangered bats. Tress less than five-inches DBH may be felled at any time. The Contractor is responsible to coordinate with DNR (The Agency) concerning special considerations, timeframes, and deadlines concerning such regulations.

1.2.3 The project involves mowing herbaceous vegetation and treating woody vegetation less than or equal to five-inch DBH on wetland embankments at sites listed in Attachment A. Dead woody vegetation must be cleared from toe-to-toe and cut to within three-inches of ground level.

1.2.4 Mowing is limited to once per month during April, May, and June.

1.2.5 Herbicide treatment for woody vegetation may occur year-round, in accordance with product labels and environmental regulations.

1.2.6 Linear footage and treatment areas may vary each year. Contractors must coordinate annually with The Agency.

1.2.7 Contractors are required to use the Avenza Maps mobile app for field navigation. It supports offline use, real-time GPS tracking, and allows users to annotate georeferenced PDF maps.

1.2.7.1 Contractors may download the app for free from their devise’s app store and import the project map files for field use.

1.2.7.2 The Agency will provide georeferenced PDF files to the Contractor.

1.3 GENERAL REQUIREMENTS

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

1.3.2 Spring Valley, Killdeer Plains, Willard Marsh, and Mosquito Wildlife Areas have listed snake species present, so mowing at those wildlife areas must either be conducted after November 1st or before March 1st. If mowing is necessary between March 1st and November 1st, then the mower deck may be set to a height greater than eight-inches and mowing must only occur between 11:00 am and 3:00 pm.

1.3.3 Prior to any work performed, the Contractor must provide, to The Agency, a treatment plan that must include the method, chemicals and timeframe to be used for each treatment area.

1.3.4 All herbicide applications must be conducted under the supervision of a commercially licensed pesticide applicator with appropriate categories (i.e., industrial vegetation 5, aquatic 3a) for the treatment. All personnel involved with the treatment must have completed Trained Serviceperson training as Per Ohio Department of Agriculture (ODA) regulations and Ohio Pesticide Law.

1.3.5 The Contractor must follow pesticide reporting laws set forth by the ODA. Records must be made available to Division staff upon request.

1.3.6 All woody debris greater than five-inches diameter at DBH must be removed from the site and properly disposed of off-site by the Contractor. Compensation for the removal and disposal of this material must be invoiced by tonnage as the unit of measure. The Contractor must provide weight slips documenting the quantity of material disposed of. Woody material five-inches DBH and smaller may be mulched and disposed of on-site unless otherwise directed by the Project Manager.

1.3.7 Work must be conducted during weekdays and under favorable conditions. Work may be performed on weekend days with prior approval from the area manager.

1.3.7.1 The Contractor must coordinate with The Agency to avoid scheduling work during unacceptable times.

1.3.7.2 No work is permitted during waterfowl, deer-gun, or deer-muzzleloader hunting seasons.

These dates vary annually and are published in the Ohio Hunting and Trapping Regulations (Publication 5084). Additional blackout dates may apply and will be provided to the Contractor upon request.

1.3.8 The Contractor is 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, 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 and will be scheduled at the convenience of The Agency.

1.3.9 The Agency’s project agent(s) will identify specific dams with linear footage of treatment types and areas within the awarded location(s) by sending the Contractor georeferenced PDF maps by March 1st annually.

1.3.9.1 The Contractor is responsible for identifying acceptable conditions in advance and scheduling work as necessary to maximize work during these times.

1.3.9.2 The Contractor is responsible for mowing/ treating the identified areas within the appropriate timeframe.

1.3.9.3 The Contractor is responsible to alert the Agency if the Contractor is unable to mow/ treat the identified dams or areas within the appropriate timeframe. The Contractor must obtain confirmation, in writing, that the Agency agrees that the areas cannot be treated for acceptable reasons. Acceptable reasons include unfavorable weather. Other acceptable reasons are at the discretion of the Agency.

1.3.10 The Contractor is required to attend an on-site field visit with each work location’s supervisor to orient the contractor with the wildlife area and dams to be mowed that year by April 1st annually. Both parties will discuss the scheduled services, and any miscellaneous services needed. The Contractor is required to develop a work plan finalizing the scope of work details for the specific dams to be mowed, 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 dam before work is completed, and must be submitted to the work location’s Project Agent for approval no later than May 1st annually.

1.3.11 If additional work is needed, which is not specified in the scope of work, the Agency may order that work from the Contractor 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, wildlife burrow repairs, 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.

1.3.12 Upon the agency’s approval of the work plan, a draft purchase order 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.

1.3.13 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.

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

1.3.15 All equipment must be cleaned of vegetative debris before entering and leaving Agency properties to prevent the spread of invasive species.

1.3.16 Work must be conducted under favorable ground conditions.

1.3.16.1 The Contractor is 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 six-inches in depth regularly, the Contractor must stop working immediately. Any resulting damage must be repaired to its original condition and the satisfaction of the Area Agent, prior to demobilization. The Agency may shut down or suspend work if they conclude conditions are unfavorable.

Ruts or other damage caused by the Contractor not identifying acceptable ground conditions will be repaired at no cost to the Agency.

1.3.16.2 The Contractor is responsible for alerting the Agency if the Contractor is unable to mow or treat the identified dam(s) within the appropriate timeframe. The Contractor 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.

1.3.17 Annual changes to treatment areas require yearly coordination with The Agency, during kick-off meetings and on-site visits.

1.3.18 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.

1.3.19 The Contractor must photograph the area after work is completed and provide the photographs to the

Agency with the invoice.

1.3.20 *The Contractor may invoice upon completion of work, or as mutually agreed upon.

*Denotes inclusion of 1.3.20, per Lot 1 Round 2.

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 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 12-months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective 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”.

3.3 - *TEMPORARY FUEL ADJUSTMENT

No request for a temporary fuel adjustment may be requested for the first 12-months duration of the Contract.

Thereafter, should a statewide or national increase in the cost of fuel occur, that is greater than 20% of the cost for fuel in place at the time of Contract award, the Contractor may petition DAS to increase the Contract price(s). The Contractor will be required to provide a cost breakdown of each item to indicate the portion of their product cost that is attributed to fuel. If approved, the Contractor will be permitted to adjust the price(s) by the exact amount of the fuel increase. The increase will be effective seven (7) calendar days after approval. Future requests for fuel cost adjustment will be considered in six (6) month intervals, for the duration of the Contract, under the above conditions. Should a statewide or national decrease in the cost of fuel occur, that is greater than 20% of the cost of fuel at the time of Contract award or approved increase, the Contractor will advise Procurement Services of said decrease, and the Contract will be adjusted accordingly. Said decrease will become effective seven (7) calendar days after notification. Failure of the Contractor to notify Procurement Services of a decrease will be considered as a default and the Contractor will be responsible to reimburse the state for any overpayments. Said increases or decreases will be effective on all orders placed on or after the approval date of the adjustment.

4 - INVITATION TO BID INSTRUCTIONS

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

*Denotes addition of Temporary Fuel Adjustment clause, per Lot 1 Round 2.

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - MANDATORY SITE VISIT

Mandatory site visits will be held on the dates and at the locations in the chart below to survey the facility and discuss the requirements of the solicitation. The site visit will commence promptly at the noted time, barring an unforeseen circumstance that results in a delay of the site visit. Attendance will be taken. The State will not be responsible to an Offeror for its failure to obtain information discussed during the site visit due to its arriving after the site visit has convened. Bidders are only required to attend one of the scheduled site visits. Bidders who fail to attend at least one of the scheduled mandatory site visits will be deemed not responsive.

Meeting address Mandatory Site Visit Date and Arrival Time

Magee Marsh Wildlife Area; 13229 W State Route 2, Oak Harbor, OH 43449

05/12/2026

10:00AM

Big Island Wildlife 5398 LaRue- Prospect Road West, New Bloomington OH 43341

05/13/2026

10:00AM

Woodbury Wildlife area; 23371 State Route 60 S Warsaw, OH 43844

05/14/2026

10:00 AM

Woodland Trails Wildlife Area; 265 Gasper Somers Rd, Camden OH 45311

05/19/2026

10:00 AM

Mosquito Creek Wildlife Area; 8303 North Park Avenue, North Bloomfield, OH 44450

05/20/2026

10:00 AM

Please contact Tom Nelson by 24-hours before the site visit at tom.nelson@das.ohio.gov during regular business hours to RSVP. If we receive no RSPVs for a site visit, that site visit may be canceled.

5.2 - EVALUATION

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

5.3 - 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.

5.4 - 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.

EXHIBIT ONE

DEFINITIONS

Dam - a man-made or natural barrier constructed to regulate water levels within the wetland.

Grass & Herbaceous vegetation - Non-woody plants that have soft, green stems and typically die back to the ground at the end of the growing season. This includes grasses, sedges, wildflowers, and other ground-level plant species commonly found in wetland and upland habitats.

Woody vegetation with a DBH of less than five-inches - young trees, shrubs, or saplings whose trunk or stem diameter measures less than five-inches when measured at four and a half-feet above the ground.

Mechanical Mowing – The process of mechanically cutting and maintaining vegetation on the slopes, crests, and toes of earthen dams or embankments within designated wildlife or water control areas. This includes the removal of herbaceous growth and woody vegetation with a DBH of five-inches or less, unless otherwise specified.

Herbicide Treatment -The selective application of EPA-registered herbicides to control and eliminate undesirable woody vegetation growing on dam embankments.

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

Cut Stump Application – A vegetation control method where unwanted trees or shrubs are cut near ground level, followed by immediate application of systemic herbicide to the outer edge (cambium layer) of the stump to prevent regrowth.

Basal Bark - Application of a systemic herbicide mixed with an oil-based carrier to the lower 12–18 inches of a tree or shrub’s bark to selectively control woody vegetation.

Grass & Herbaceous Treatment Services – This service applies when less than 10-percent of the dam contains woody vegetation with a DBH of less than five-inches. All grass and herbaceous vegetation shall be maintained at or below 18-inches throughout the year. Any woody vegetation present shall be cut to within three-inches of ground level and either mulched in place or removed off-site, as directed by the project manager, to maintain dam function.

Stumps of clear woody vegetation must be stump-treated with an approved herbicide.

Light Cover Treatment Services – This service applies when woody vegetation with a DBH of less than five-inches covers more than 10-percent but less than 25-percent of the dam. All grass and herbaceous vegetation shall be maintained at or below 18-inches throughout the year. Woody vegetation shall be treated with EPA-registered herbicide to eliminate undesirable growth. Once the treated vegetation has senesced, it shall be cut to within three-inches of ground level and either mulched in place or removed off-site, as directed by the project manager, to maintain dam function.

Heavy Cover Treatment Services – This service applies when woody vegetation with a DBH of less than five-inches covers 25-percent or more of the dam. All grass and herbaceous vegetation shall be maintained at or below 18-inches throughout the year. Woody vegetation shall be thoroughly treated with EPA-registered herbicide to control and eliminate undesirable growth. Once the treated vegetation has senesced, it shall be cut to within three-inches of ground level and either mulched in place or removed off-site, as directed by the project manager, to maintain dam function.

Scheduled Services – *Ongoing, year-round, & recurring treatment services for predetermined or preidentified dams/ structures as part of the annual/seasonal treatment plans in the awarded location, park, work unit, or wildlife area, subject to change seasonally or annually.

Unscheduled treatment Services – *One-time or non-routine treatment services for dams or structures not predetermined or preidentified within the annual/seasonal treatment plan though within the awarded location, park, work unit or wildlife area.

Miscellaneous Services – Time and material work used to address tasks that extend beyond standard mowing or vegetation treatments, which are necessary for completing the work safely and effectively. These tasks may include clearing or maintaining access lanes, repairing wildlife burrows, and repairing or installing culverts. Additionally, other actions may be required to facilitate access to the dam clearing areas. The Agency can request these services on a case-by-case basis, and the contractor performs them as directed to support the overall project objectives.

*Denotes changes to Scheduled Services and Unscheduled treatment Services, per Lot 1 Round 2.

EXHIBIT TWO

WORK UNIT MAP