OT900620_AGR001_contract_REV.pdf

Index No.: AGR001

Eff. Date: 08/01/23

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: COLLECTION AND DISPOSAL OF PESTICIDES (i.e. HERBICIDES, INSECTICIDES, FUNGICIDES)

CONTRACT No.: OT900620 EFFECTIVE DATES: 08/28/19 to 07/31/22 Renewal through 07/31/25*

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. OT900620 that opened on 07/24/19. 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 DAS Web site at the following address:

http://www.ohio.gov/procure

*Denotes contract renewal effective with Amendment 2

Signed: __________________________________________________________ Matthew M. Damschroder, Director Date https://procure.ohio.gov/pdf/Instructions_010118.pdf https://procure.ohio.gov/pdf/Standard%20T_C_052119.pdf

Index No. AGR001 Eff. Date: 08/28/19

TABLE OF CONTENTS

CLAUSES PAGE NO.

Special Terms and Conditions 3-6 Specifications 7-9 Price Index 10 Contractor Index 11

SPECIAL CONTRACT TERMS AND CONDITIONS

AMENDMENTS 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.

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 three (3) calendar days after request/notification by the Office of Procurement Services to do so. Any references, that may appear in the descriptive literature, that may alter the terms and conditions and specifications of the bid (e.g. F.O.B. Shipping Point or Prices Subject to Change), will not be part of any contract and will be disregarded by the state of Ohio. 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.

EVALUATION: Bids will be evaluated in accordance with Article I-17 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.

CONTRACT AWARD: The contract will be awarded to the lowest responsive and responsible bidder by low lot total.

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 his 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 of the finished supplies, 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 Provision I.C. “Termination/Suspension” and Provision II. of the “Contract Remedies:” of the “Standard Contract Terms and Conditions”.

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.

USAGE REPORTS: Every six (6 ) months the contractor must submit an electronic report indicating sales generated by this contract. The report shall list usage by customer, by line item, showing the quantities/dollars generated by this contract.

The report shall be forwarded to adam.williamson@das.ohio.gov mailto:adam.williamson@das.ohio.gov

SPECIAL CONTRACT TERMS AND CONDITIONS (CONTINUED)

BID AUTOMOBILE LIABILITY CHECKLIST: Contractor will indicate, by checking the appropriate box(es) below, which mode of transportation will apply to this contract.

Bidder/Broker (“The Contractor”) or their Sub Contractor will make delivery or be performing services using a vehicle that is owned, leased or rented. Provide Certificate of Insurance documenting automobile liability with a Combined Single Limit of $500,000.00.

Goods/Services will be delivered via common carrier.

No employee or representative of the contractor will have cause to be on state property to make deliveries or to perform services.

DISCLOSURE OF SUBCONTRACTORS / JOINT VENTURES: List names of subcontractors who will be performing work under the Contract.

By the signature affixed to Page 1 of this Bid, Bidder hereby certifies that the above information is true and accurate. The Bidder agrees that no changes will be made to this list of subcontractors or locations where work will be performed or data will be stored without prior written approval of DAS. Any attempt by the Bidder/Contractor to change or otherwise alter subcontractors or locations where work will be performed or locations where data will be stored, without prior written approval of DAS, will be deemed as a default. If a default should occur, DAS will seek all legal remedies as set forth in the Terms and Conditions which may include immediate cancellation of the Contract. Failure to complete this page may deem your bid not responsive.

MINIMUM INSURANCE REQUIREMENTS: Until all obligations under this Agreement or any Order are satisfied, and without limiting Contractor’s indemnification obligations under Indemnity, Contractor shall provide and maintain the insurance policies set forth below. All commercial insurance required shall be provided by insurers with a rating of not less than A-VII from AM Best or a comparable rating agency. Contractor shall also cause each of its Subcontractors to comply with all requirements in this Section.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

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.

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. Workers' Compensation insurance as required by the State of Ohio, or the state in which the work will be performed, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor is a sole proprietor, partnership or has no statutory requirement for workers’ compensation, Contractor must provide a letter stating that it is exempt and agreeing to hold State of Ohio harmless from loss or liability for such.

4. 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.

The Insurance obligations under this agreement shall be the minimum Insurance coverage requirements and/or limits shown in this agreement. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the State of Ohio. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status Except for Workers’ Compensation, the State of Ohio, its officers, officials and employees are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor's insurance.

Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance. Any insurance or self-insurance maintained by the State of Ohio, its officers, officials and employees shall be excess of the Contractor's insurance and shall not contribute with it.

Umbrella or Excess Insurance Policies Umbrella or excess commercial liability policies may be used in combination with primary policies to satisfy the limit requirements above. Such Umbrella or excess commercial liability policies shall apply without any gaps in the limits of coverage and be at least as broad as and follow the form of the underlying primary coverage required above.

Notice of Cancellation Contractor shall provide State of Ohio with 30 days written notice of cancellation or material change to any insurance policy required above, except for non-payment cancellation. Material change shall be defined as any change to the insurance limits, terms or conditions that would limit or alter the State’s available recovery under any of the policies required above. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

Waiver of Subrogation Contractor hereby grants to State of Ohio a waiver of any right to subrogation which any insurer of said Contractor may acquire against the State of Ohio by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the State of Ohio has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions Deductibles and self-insured retentions must be declared to and approved by the State. The State may require the Contractor to provide proof of ability to pay losses and related investigations, claims administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the deductible or self-insured retention may be satisfied by either the named insured or the State.

Claims Made Policies If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting'' coverage for a minimum of five (5) years after completion of contract work. The Discovery Period must be active during the Extended Reporting Period.

Eff. Date: 08/01/22

Verification of Coverage Contractor shall furnish the State of Ohio with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the State of Ohio before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The State of Ohio reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that State of Ohio is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances State of Ohio reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

PROHIBITION OF THE EXPENDITURE OF PUBLIC FUND FOR OFFSHORE SERVICES**

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained.

Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised

Affirmation and Disclosure Form reflecting such changes https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf

SPECIFICATIONS AND REQUIREMENTS

I. SCOPE OF WORK:

The state of Ohio, Department of Administrative Services, Office of Procurement Services for the Ohio Department of Agriculture (hereafter Department or ODA) 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 must 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.

The selected Contractor will:

A. Participate in community/public relations programs as requested by the Department.

B. Develop specific safety plans for each collection site location.

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

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

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

F. Submit detailed reports within established time schedules explaining all activities performed and other information concerning services provided.

II. COMPLIANCE WITH FEDERAL AND STATE LAW:

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

A. 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).

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

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

D. Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA).

E. Federal Hazardous Material Transportation Regulations (49 CFR 172).

F. Water Pollution Control Act (ORC 6111).

G. Federal Hazardous and Solid Waste Act of 1984.

III. SOURCE OF WASTE:

A. Project participants (i.e. farmers) will transport the waste to the collection site. The Department 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.

SPECIFICATIONS AND REQUIREMENTS (continued)

B. The Department has compiled a list of the more common unwanted/unusable pesticides:

Insecticides: Fumigants: Herbicides: Pressurized Containers DDT Carbon Tetra Dionseb Aerosols Aldrin Atrazine Flammables

Chlordane Simazine Acid & Acid Compatible Toxaphene Parathion

Lead Arsenate Fly Sprays

IV. WASTE COLLECTION SITES:

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

B. 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.

C. 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.

D. ODA will target counties throughout the state of Ohio based on the needs and available funding. ODA will notify the

Contractor one (1) month in advance of the target counties for a project. ODA will announce the collection sites approximately three (3) weeks prior to the collection date. ODA will determine the number of collection sites and locations.

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

V. CONTRACTOR’S RESPONSIBILITIES:

A. The Contractor must:

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.

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

B. The awarded Contractor must report the following during the project Contract period:

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).

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

Part 263.

3. Any deviation of more than ten (10) days from the project schedule provided in Section IV-D of this document, and the cause for such deviation.

4. Any land ban exemption notifications provided to EPA.

5. Manifest discrepancy reports, if necessary.

6. Certificates of final treatment and/or disposal.

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

SPECIFICATIONS AND REQUIREMENTS (continued)

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

C. Sub-Contractors can be used by the Bidder for landfill or incineration only.

VI. TAXES, FEES, PERMITS AND LICENSES:

A. The Contractor must 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.

B. 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.

C. The Contractor must 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.

VII. 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.

VIII. AGENCY CONTACT:

Subsequent to award, all program issues and invoicing must be directed to:

Ohio Department of Agriculture Pesticide and Fertilizer Regulation Section 8995 E. Main Street Reynoldsburg, Ohio 43068 Matt Beal, Administrator Telephone: (614) 728-6383 beal@agri.ohio.gov

IX. 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.

X. REFERENCES:

Bidder must provide three (3) references from customers receiving similar services within the past five (5) years, as described in this Bid for collection, identifying, handling, and disposing of hazardous waste. See Attachment A, BIDDER

CUSTOMER REFERENCE FORM.

mailto:beal@agri.ohio.gov

Eff. Date: 08/01/23

COLLECTION AND DISPOSAL OF PESTICIDES

BID PRICE PAGE

Bid prices must include all costs to deliver services for storage, packaging, labeling, transporting and record keeping related to the safe and proper collection and shipment of the hazardous materials to an approved treatment or disposal facility.

OAKS

ITEM ID

COLLECTION

AND DISPOSAL QUANTITY RANGE

COLLECTION AND

DISPOSAL COST PER POUND COLLECTED

0-9,999 pounds of waste to be sent to landfill.

NO AWARD

10,000 - 29,999 pounds of waste

30,000 pounds and above of waste

0-9,999 pounds of waste to be incinerated.

$2.00 *

10,000 - 29,999 pounds of waste

$1.50 *

30,000 pounds and above of waste

$1.15 *

16063 Pressurized or flammable containers

$5.00

COST ALLOCATION:

Any deviation from 100% for each category is considered “Other” costs.

Allocation of Cost for Landfill Allocation of Cost for Incineration Other Costs 56.2%

Labor Costs 0% Labor Costs 17.36% Equipment Costs 0% Equipment Costs 6.03%

Transportation Costs 0% Transportation Costs 20.41% Administrative Costs 0% Administrative Costs 0%

Landfill Costs 0% Facility Costs 0%

All prices must be in US dollars. Prices must not include more than 3 digits to the right of the decimal point. Any additional digits past the third digit to the right of the decimal point will be truncated and not used in the evaluation or Contract award.

*Denotes economic price increase for all orders issued on or after 08/01/23.

CONTRACTOR INDEX

CONTRACTOR AND TERMS: BID CONTRACT NO.: OT900620-1

000264407 TERMS: Net 30 Days MXI Environmental Services LLC 26319 Old Trail Rd. DELIVERY: As Specified Abingdon, VA 24210

CONTRACTOR’S CONTACT: Mr. Scott Shaw Telephone: (276) 628-6636

FAX: (276) 623-0599

E-mail: scotts@mxiinc.com

ORDERS: Ms. Peggy Snead Telephone: (276) 628-6636 Mobile: 276-698-8462

FAX: (276) 623-0599

E-mail: peggys@mxiinc.com mailto:scotts@mxiinc.com mailto:peggys@mxiinc.com

Eff. Date: 04/07/25

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

3 04/07/25 This amendment is issued to advised that the contract will not be renewed beyond the current expiration date and will be rebid.

2 08/01/23

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional 24 months, effective 08/01/23 through 07/31/25.

Additionally, to include an economic price adjustment, effective with all orders placed on or after 08/01/23.

1 08/01/22

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional 12 months, effective 08/01/22 through 07/31/23, and to include updated language regarding the Prohibition of the Expenditure of Public Funds for Offshore Services. All other prices, terms and conditions remain unchanged.