RSI021394_Contract_REV.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: PICK-UP AND DISPOSAL OF HAZARDOUS WASTE, STATEWIDE

*CONTRACT No.: RSI021394

*CONTRACT ID: CTR021394

EFFECTIVE DATES: 12/01/2023 to 11/30/2026

SUPPLIER: EQ Industrial Services Inc

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

SRC0000011216. 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 11/30/2028 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to all state agencies, and properly registered counties, townships, municipal corporations, regional transit authorities, regional airport authorities, port authorities, school districts, conservancy districts, township park districts and park districts, pursuant to section 125.04(B) of the Ohio Revised Code, The Cooperative Purchasing Act. State universities, state vocational schools, state community colleges or other institutions of higher education may use these contracts. Such use, however, is based upon each entity’s procurement authority.

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

*Denotes contract assignment to the same supplier but new supplier number and new contract number.

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1. SCOPE:

1.1 These specifications will cover the removal and disposal of hazardous waste for state agencies, institutions and Cooperative Purchasing members throughout the State as listed within. The term “agency” will be used throughout the Bid/Contract to represent any authorized user of the Contract.

1.1.1 The contract will include the packaging, labeling, removal, transportation, and disposal of hazardous waste in accordance with Department of Transportation (DOT) and Ohio Environmental Protection Agency (Ohio EPA) regulations to include 40 CFR 260-299, Chapters 3645-50 through 3645-90 of the Ohio Administrative Code (OAC), Chapter 3734 of the OAC, and all other applicable state, federal, and local laws, regulations, and policies. The contract will also include various hazardous waste management services, including but not limited to hazardous waste reporting, on-site hazardous waste audits, hazardous waste characterization, hazardous waste consolidation, waste stream identification and profiling, and universal waste recycling. The successful bidder must be permitted to transport, store, and dispose of hazardous waste and materials.

1.1.2 All Bidders are to submit with their Bid the method of disposal and documentation of all appropriate permits and licenses. Failure to submit this documentation may deem the bid as non-responsive and no further consideration given to the bid.

1.1.2.1 It will be the responsibility of the awarded Contractor to maintain all necessary credentials, permits and licenses required to perform the prescribed duties pursuant to this Bid/Contract. All individuals representing the awarded Contractor must hold all necessary credentials, permits and licenses required to perform the prescribed duties assigned by the Contractor. Copies of corporate and individuals’ credentials, permits and licenses must be available for review by requesting authorities.

1.1.2.2 In addition, it will be the responsibility of the Contractor to prepare, file, and maintain all records necessary and required by law. Copies of such reports, records, and/or documentation will be sent to the requesting agency following the proper disposal of waste and must be available for review by any requesting authority.

1.2 APPROVED DISPOSAL METHODS:

1.2.1 Recycling or reuse of waste is to be the awarded Contractor’s primary method of waste disposal.

1.2.2 Treatment of waste to render the waste non-hazardous is to be the second method considered for disposal.

1.2.3 Incineration should be the third method considered for disposal.

1.2.4 Landfills are to be the last method of consideration; this will be used when all other methods are not applicable. All land ban restrictions must be adhered to when using this method.

1.3 CONTRACTOR QUALIFICATIONS:

1.3.1 The Contractor must hold credentials, permits and licenses required to perform the prescribed duties pursuant to this Bid/Contract. Provide copies of applicable credentials, permits and licenses for corporate personnel rendering services pursuant to this Bid/Contract.

1.3.2 The Contractor must have disposal access to state licensed or permitted solid waste management facilities designed for solid non-hazardous waste, as compliant under 40 CFR, parts 257 and 258.

1.3.3 The Contractor must have disposal access to state licensed or permitted solid waste management facilities designed for solid hazardous waste, as defined by, but not limited to any of the following characteristics:

3.4.1.1 Toxicity as defined by 40 CFR 261.24

3.4.1.2 Corrosivity as defined by 40 CFR 261.22

3.4.1.3 Ignitability as defined by 40 CFR 261.21

3.4.1.4 Reactivity as defined by 40 CFR 261.23

3.4.1.5 Listed Waste as defined by 40 CFR 261.31 through 261.33

1.3.4 The Contractor must maintain compliance with all applicable state, federal, and local laws, regulations, and policies pertaining to the loading, transportation, and disposal of both non-hazardous and hazardous materials. Such compliance may include, but is not limited to, Federal and State E.P.A, Housing and Urban Development, State and Local Departments of Health, Occupational Safety and Health Administration. The Ohio Revised Code and any other source recognized as a regulatory authority for the pickup/collection, transport, and disposal of defined waste materials.

1.4 CONTRACTOR REQUIREMENTS:

1.4.1 After award, the Contractor, at their own expense, may have waste streams analyzed. Waste samples may be obtained by contacting the agency hazardous waste contact. The analyses must be made by a fully licensed and permitted laboratory. Waste stream reports must be forwarded to the contact person at the agency from which the waste sample was picked up for analysis and disposal.

1.4.2 The Contractor must be able to ensure pick-up of materials within sixty (60) calendar days after notification by the agency. Materials must be typically picked up between 8:00am and 3:00pm, Monday through Friday, excluding state holidays. Arrangements for pick-up must be made with the agency hazardous waste contact person. Some items may require same day pickup (i.e., demolition materials that contain Asbestos).

1.4.3 The Contractor must furnish each location with shipping and hazardous waste labels as required by the Department of Transportation and any other governing authority.

1.4.4 The Contractor must furnish an appropriate manifest for shipment of materials.

1.4.5 The Contractor must prepare and furnish waste profiles to the agency within (30) calendar days from notification of each waste stream.

1.4.6 The Contractor must provide transportation and equipment required to move materials from the storage area at the agency facility to its, final, destination.

1.4.7 The Contractor must be able to dispose of all waste materials in accordance with all local, state, and federal regulations and laws applicable to the performance of all work specified herein.

1.4.8 The Contractor will be responsible for the accuracy of the work and will make necessary revisions and corrections resulting from their errors and omissions without additional compensation.

Acceptance of the work will not relieve the Contractor from the responsibility of subsequent correction of any such errors or omissions at their expense.

1.4.9 If changes or additional waste streams or locations are added during the term of the Contract, the Contractor will service these areas upon mutual discussion and agreement.

1.4.10 The Contractor must provide Safety Data Sheets (SDS) if the agency has not already done so.

1.5 CONTRACTOR DIRECTIONS

1.5.1 Contractor trucks and employees will be subject to search both entering and/or leaving the agency’s site.

1.5.2 Pick-up days will be either scheduled or on-call, at the agency’s request.

1.5.3 It is the State’s option to determine the location of the container(s) and declare the service frequency.

1.5.4 Contractors will be notified of needed pick-up sixty (60) days in advance of requested on-call date or as mutually agreed to by the institution and Contractor.

1.6 CORRECTIONAL INSTITUTION SPECIFIC SPECIFICATIONS

1.6.1 Typical times of service for the correctional institutions are between 8:00 a.m. and 11:00 a.m.

and/or 1:00 p.m. and 3:00 p.m. for pick-ups inside the perimeter fence. Times can vary at each institution and the Contractor should work with each location to establish an agreeable service time.

1.6.2 The Contractor must limit the time spent within the perimeter fence to the minimum amount of time required to pick-up the containers.

1.6.3 The Contractor must make every effort to complete all pick-up activities no later than either 10:45 a.m. or 2:45 p.m. just prior to typical inmate counts at 11:00 a.m. and 3:00 p.m.

1.6.4 In the event the Contractor is still within the sally port during inmate count, the Contractor will be released to leave only when the inmate count is completed, and all inmates are accounted for, and Contractor has been cleared to leave. It is estimated that inmate counts will take thirty to sixty minutes. This time can increase or decrease for each event based on circumstances.

1.6.5 The institution will provide a staff employee to escort the truck to all areas requiring service within the perimeter fence. Institutional staff may be required to ride in the Contractors truck when within the perimeter fence.

1.6.6 In the event of fog, escape, or other unforeseen incident(s), the Contractor may be asked to return later. If the incident occurs while the Contractor is within the perimeter fence, they may also be detained. The State is not responsible for any additional charges resulting from such rescheduling or detainment of the Contractor, its representative, or its equipment.

1.6.7 In the event of an institutional emergency, the Contractor must provide equipment/disposal service within twenty-four (24) hours of notification.

1.6.8 The Contractor must coordinate all schedules for pick-up services by calling the institutional contact at each agency facility.

1.6.9 A list of correctional institutions can be found at: http://drc.ohio.gov/institutions

1.7 OHIO ARMY NATIONAL GUARD (OHARNG) FACILITY SPECIFIC SPECIFICATIONS:

1.7.1 For purposes of this Contract the agency contact person, for all OHARNG facilities is a single point of contact, the OHARNG Hazardous Waste Manager, or otherwise delegated by OHARNG Hazardous Waste Manager.

1.7.2 Typical times of service for OHARNG facilities are between 8:00 a.m. and 11:00 a.m. and/or 1:00 p.m. and 3:00 p.m. Times may vary depending on the mission requirements at each facility.

Services outside this specified time must be arranged through site point-of-contact provided by the OHARNG Hazardous Waste Manager upon request.

1.7.3 Contractor trucks and employees will be subject to search both entering and/or leaving the facility. All Contractor employees entering the facility must present a valid photo identification upon request.

1.7.4 Contractors must always be escorted by an OHARNG employee, while on the facility.

1.7.5 In the event of a security breech, emergency or other unforeseen incident(s), the Contractor may be asked to return later. If the incident occurs while the Contractor is within the perimeter fence, they may also be detained. The State is not responsible for any additional charges resulting from such rescheduling or detainment of the Contractor, its representative, or its equipment.

1.7.6 The Contractor will provide immediate spill response services for any spills that occur at an

OHARNG facility during waste consolidation, containerization, loading or transportation operations. The Contractor will be equipped to control, remediate, transport, and dispose of all spilled material. The Contractor will provide to the OHARNG, upon request, documentation which proves spill response personnel have received appropriate first responder training, as required by the Occupational Safety and Health Administration (OSHA).

http://drc.ohio.gov/institutions

1.7.7 Due to the high turnover rate for military personnel at OHARNG facilities, the Contractor must coordinate all services through the OHARNG Hazardous Waste Manager. Facility points-of-contact (POC) will be provided by the OHARNG Hazardous Waste Manager. Direct coordination of services with the POC at the facility is at the discretion of the OHARNG Hazardous Waste Manager.

1.7.8 Selection of the transportation, storage and disposal facilities (TSDF) will be made using DRMS qualified facilities. A list of qualified DRMS facilities can be found at:

https://www.dla.mil/DispositionServices/Offers/Hazardous-Waste-Disposal/.

1.7.9 For spill response activities under this contract, The Contractor must have personnel on site within two (2) to four (4) hours from the initial call from the agency.

1.7.10 All manifests and waste profiles for the OHARNG are to be reviewed and signed by a representative of the OHARNG Environmental Office.

1.8 SPECIFICATIONS FOR DISPOSAL SERVICES:

1.8.1 All pick-up services must be completed within thirty (60) calendar days upon receipt of notification and/or PO. Some items require same day pickup (i.e., demolition materials that contain Asbestos).

1.8.2 All disposal services must be completed within thirty-five (35) calendar days of pick-up.

1.8.3 The Contractor must provide the agency contact person with a Certificate of Disposal/recycling within forty-five (45) calendar days of waste pick-up.

https://www.dla.mil/DispositionServices/Offers/Hazardous-Waste-Disposal/

1.9 OHARNG FACILITIES: The following table provides the current list of OHARNG facilities for this Contract.

TABLE 1 OHARNG FACILITIES

Site Address County

FMS 1 2400 North Airport Road, Mansfield, OH 44902 Richland

FMS 15 855 South Collett Street, Lima, OH 45804 Allen

FMS 17 1000 Lawrence Road, BLDG 2008, Camp Perry, OH 43453 Ottawa

FMS 3 4303 Green Road, Cleveland, OH 44128 Cuyahoga

FMS 4 4630 Allen Road, Stow, OH 44224 Summit

FMS 5 475 Victoria Road, Youngstown, OH 44515 Mahoning

FMS 6 5980 West Airport Drive, North Canton, OH 44720 Stark

AASF 1 6000 West Airport Drive, North Canton, OH 44720 Stark

CRJMTC 1438 SR534 SW, Newton Falls, OH 44444 Trumbull

FMS 8 4497 Hawk Drive, McConnelsville, OH 43756 Morgan

FMS 18 7246 2nd Street, Bldg. 846, Columbus, OH 43217 Franklin

AASF 2 7750 S. Access Road, Bldg. 918, Columbus, OH 43055 Franklin

USPFO

Warehouse and CIF, 3990 E. Broad Street, BLDG 5, Columbus, OH 43213 Franklin

CSMS Bldg. 6, Roosevelt Street, DSCC, Columbus, OH 43218 Franklin

JFHQ 2825 West Dublin Granville Road, OH 43235 Franklin

FMS 9 2154 Narrows Rd., Chillicothe, OH 45601 Ross

FMS 11 3000 Symmes Road, Hamilton, OH 45015 Butler

FMS 12 2555 County Line Road, Kettering, OH 45430 Montgomery

FMS 13 1120 Blee Road West, Springfield, OH 45502 Clark

1.10 TRAINING:

The Contractor may provide an overview of equipment handling and the proper placement of recycled items to enable a better understanding of the proper recycling of materials. Training will be at no cost to the agency. The Contractor will make arrangements with the utilizing facilities as needed. Any training must be arranged in coordination with the using agencies and must be mutually agreed upon.

1.11 CONTAINERS:

The Contractor must supply Contractor owned reusable or one time use shipping/storage containers appropriate for containments and transportation purposes. All reasonable measures will be taken by each agency to avoid any unnecessary damage to Contractor supplied reusable containers stored and handled on agency property. If any containers are damaged beyond use due to clear negligence of the agency during handling or storage on agency property, the agency will compensate the Contractor for the reasonable cost of the item(s). The actual price charged to the agency must be a depreciated cost based on the original purchase price. Documentation of original purchase price must be provided upon request.

If a container is damaged through negligence by the Contractor and deemed inadequate by the agency, the Contractor must provide a replacement container at no cost to the agency within seven (7) calendar days upon request.

Agencies will collect and store items in appropriately labeled containers provided by the Contractor.

The Contractor must coordinate with the agency contact person to determine required container quantities and container exchange scheduling for each agency. The initial distribution of containers to all sites will be accomplished within fifteen (15) days of notification of Contract award; or as agreed upon by each agency.

All containers must be appropriate for containment and transportation purposes. They must be easily identifiable to distinguish the enclosed hazardous waste/material. Waste materials that are not similar in recycling methods and/or reimbursement indices, cannot be combined in the same container.

The Contractor must provide covers for all supplied containers. The Contractor must provide specific lid types (i.e., lockable, metal etc.) to the agency at no additional cost upon request.

The number and type of containers delivered should be verified by an agency contact person prior to the release of containers for pick-up.

The Bidder’s bid price must include provisions for providing container labels, shipping labels and any other required paperwork to meet local, state, and federal regulations. If requested by the Contractor, the agency may be willing to assume responsibility for filling out and affixing shipping labels to containers in preparation for shipments.

1.12 SCHEDULE:

All pick-ups will be on-call or as determined in coordination with the agency contact person.

Upon notification, the Contractor must pick up the requested containers within thirty (60) days. Some items require same day pickup (i.e., demolition materials that contain Asbestos). Agency contact person along with the Contractor will determine the appropriate timing for the pick-up.

All pick-up services at agency facilities will be scheduled through the agency contact person unless otherwise specified. Direct coordination with agency facilities personnel is at the discretion of the agency contact person.

The Contractor will provide the agency with a single Contractor Point of Contact (CPoC) for this Contract.

The CPoC will be responsible for scheduling and coordinating waste shipments from agency facilities, when contacted by an agency contact person. The CPoC will also be required to schedule and conduct appropriate waste characterization activities and will serve to provide the agency with all reports, manifests, and associated documentation, as required by this contract.

Waste shipments will be scheduled during normal agency facility operating hours. The Contractor has five

(5) business days after notification by the agency contact person to schedule the pick-up. Due to security requirements, the CPoC is required to notify the agency contact person at least five (5) business days prior to any waste pick-up. The contractor shall work with the Agency to schedule consistent timeframes for the pickups.

1.13 DOCUMENTATION AND REPORTING:

The Contractor will complete all hazardous waste profile sheets and prepare all hazardous waste manifests for signature by agency representatives at the time of pick-up. Copies of all waste profile sheets, land disposal restriction (LDR) forms, and hazardous waste manifests will be provided to the agency.

The Contractor may be required to conduct and provide all hazardous waste reporting for the agency, as required by federal, state, and local regulations. The Contractor may be required to prepare all necessary hazardous waste reports for review and approval by the agency. The Contractor will maintain all waste manifests and track all waste shipments. The Contractor will provide the agency with original copies of all waste manifests and will keep duplicate manifests on file at the Contractor’s office, for review and audit by the agency.

The Contractor will provide the agency with due diligence audit reports for their disposal facilities, at the request of the agency. The Contractor will fully record all waste disposal activities, including, but not limited to, waste shipments, waste profiles, disposal facility waste approvals, LDR forms, and waste manifests and certificates of disposal. Copies of these records will be provided to the agency monthly for tracking, recordkeeping, and invoice processing purposes.

It is the responsibility of the Contractor to provide quarterly reporting to the Office of Procurement Services.

This report will be used to determine if the established goals of waste reduction in the landfills are being achieved. The reports must be filed within 30 days after the end of each quarter. The report must show by site the volume and types of waste removed, and the method of disposal for each type.

1.14 INVOICING: Each invoice will clearly identify the facility, pick-up location, items, and quantities.

Documentation will be considered complete when the following items are included: Original Invoice (with description), Bill-of-Lading, Manifest (signed by TSDF, recycling facility etc.). Costs associated with transportation, handling, packaging and disposal of Solid Waste, Universal Waste, and Hazardous Waste must be itemized separately. Details on the invoice should match the details of the quote. Invoicing must reference Purchase Order.

The Contractor must submit an original of each invoice within 30 days of completing the pick-up. Invoices must include the proper federal tax identification number, remittance address for payment, the purchase order number, and the invoice amount. A report must accompany the invoice that identifies the types, volumes, weights, and any destruction charges, for materials collected from each facility during the billing period.

Duplicate copies will be sent at the request of the agency to the address requested at no additional cost.

1.14.1 A proper invoice is one that is free from defects, discrepancies, error or other improprieties and must include: Contractor’s name and address, invoice remittance address as designated in the Contract, purchase order number, container seal numbers (if applicable) pick-up location, pick-up date, unit price, destruction cost, recycling value (if any) and weight or volume of material.

1.14.2 Defective invoices are to be returned to the Contractor noting areas for correction. If such notification of defects is sent, the required payment date is to be thirty (30) days after receipt of the corrected invoice.

1.14.3 The Contractor may use an agency’s scale, if available, to verify the gross weight indicated by the agency before departure. The weight of material recycled by the Contractor and charged to the agency must not exceed the weight indicated by agency.

1.15 CONTRACTOR GENERAL PERFORMANCE REQUIREMENTS:

1.15.1 The Contractor and/or designated representatives must comply with all security policies and security procedures at the collection locations during the performance and delivery of services.

1.15.2 The Contractor is responsible for moving the containers of material from one designated location at each collection site to their vehicle. The agency will provide free and clear access between each site’s storage location and a door located near the Contractor’s vehicle.

1.15.3 The Contractor is responsible for inspecting the grounds where they load materials staged for destruction onto their truck and removing all residues remaining from loading materials. Any equipment to accomplish this task [rakes, brooms. etc.] must be provided by the Contractor and will be carried in the Contractor’s vehicle. The agency will not provide storage room at collection sites for the Contractor’s clean up equipment.

1.15.4 If needed, the agency will provide forms to indicate the number of containers released to the Contractor per trip.

1.15.5 In performing its obligations under this Contract, the Contractor agrees to minimize pollution and shall strictly comply with all applicable environmental laws and regulations.

1.15.6 The Contractor must have written authorization from the agency to use any TSDF not on the qualified list as of the date of shipment. The Contractor will conduct on-site waste inventories at agency facilities as requested by the agency contact person and at no cost to the agency.

Inventory reports will be provided to the agency upon completion of the site visits.

1.15.7 The Contractor will be responsible for conducting waste characterization activities at agency facilities upon request. The Contractor will conduct all required research for the identification of waste present at agency facilities. Sampling and analysis required for the complete characterization of waste streams will also be provided by the Contractor. Waste characterization reports will be provided to the agency and will fully document the results of waste characterization activities. Waste characterization will be conducted on any unknown waste stream prior to the Contractor conducting any transportation or disposal of the waste stream.

Samples need to be representative of the entire waste stream and that sample collection methodologies should be discussed with the agency contact person prior to sample collection.

1.15.8 The Contractor will be prepared to conduct waste consolidation to minimize the disposal volumes from agency facilities and reduce the overall cost of disposal. Waste consolidation will be conducted on-site at agency facilities.

1.15.9 The Contractor will be fully equipped to dispose of all potential waste streams. The Contractor will provide the agency with options for disposal of hazardous waste and will be equipped to provide disposal at multiple facilities, as required.

1.15.10 The Contractor will provide all labor and materials to conduct all hazardous waste shipments from agency facilities. On-site personnel will ensure that hazardous waste manifests are completed appropriately and signed by qualified agency personnel prior to conducting transportation and disposal of waste. The Contractor will complete all LDR forms, provide/assists with containerization of the waste, and conduct proper labeling of waste streams. The Contractor will conduct proper loading of waste onto transport vehicles and will appropriately placard vehicles prior to transporting waste streams. The Contractor will ensure that personnel performing the activities outlined in this scope of work have received necessary OSHA and DOT training. The Contractor will provide records of such training to the agency upon request.

1.15.11 The Contractor will conduct direct shipment of all waste streams to licensed hazardous waste disposal facilities. The Contractor will not repack waste once the waste streams have been transported from agency facilities. The Contractor will not commingle agency waste streams with waste streams from other waste generators. The Contractor will provide the agencies with Certificates of Destruction for all hazardous waste disposed. Every effort must be made by the Contractor to recycle, reduce and/or reutilize materials to divert waste from landfills where possible.

1.16 MISCELLANEOUS:

The Consulting hourly rates as defined on the price schedule are for agency special requests. Intended only for services that are not covered through regular use of this Contract. For example, if an agency needed the Contractor to define and document a comprehensive EPA approved hazardous waste plan.

The consulting hours could be used for the plan development. The Contract would then be used to implement the plan with no additional consulting costs. The consulting services cannot be used in conjunction with activities that are covered directly by the Contract such as waste stream analysis, per pound or per unit disposal.

2.0 STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 04/10/23) will apply to this Contract.

3.0 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 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 MINIMUM ORDER:

The minimum dollar value of any order placed against a Contract awarded pursuant to this Bid for delivery F.O.B. destination, transportation charges prepaid, at any one time to one destination, shall not be less than two hundred fifty ($250.00) dollars.

3.4 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.

3.5 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.

3.6 COOPERATIVE PURCHASING CONTRACT

This Contract may be utilized by Cooperative Purchasing Members. “Cooperative Purchasing Members” or “Co-op Members” are entities that qualify for participation in the State’s cooperative purchasing program under Section 125.04 of the Ohio Revised Code (“ORC”) and that have completed the steps necessary to participate in that program. They may include Ohio political subdivisions, such as counties, townships, municipal corporations, school districts, conservancy districts, township park districts, park districts https://procure.ohio.gov/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_04-10-23.pdf created under Chapter 1545 of the ORC, regional transit authorities, regional airport authorities, regional water and sewer districts, and port authorities. They also may include any Ohio county board of elections, state institutions of higher education, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools.

If a purchase is made from this Contract by an entity that is not properly registered with the State’s Cooperative Purchasing Program, it may be a violation of law, may be contrary to the entity’s competitive bidding requirements, and will be a breach of this Contract by the Contractor. If a Cooperative Purchasing Member relies upon this Contract to issue a purchase order or other ordering document, the Cooperative Purchasing Member “steps into the shoes” of the State under this Contract. The Cooperative Purchasing Member’s order and this Contract are between the Contractor and the Cooperative Purchasing Member.

The Contractor must look solely to the Cooperative Purchasing Member for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to Cooperative Purchasing Member’s orders and Cooperative Purchasing Member’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a Cooperative Purchasing Member.

3.7 CONTRACTOR QUARTERLY SALES REPORT

The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract by calendar quarter (e.g.

January-March, April-June, July-September and October-December). The dollar value of the sale is the price paid by the Contract user for the products and/or services listed on the purchase order or other encumbering document, as recorded by the Contractor.

To submit this quarterly sales report, the Contractor is responsible for obtaining access to OhioBuys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using OhioBuys at the following web address supplier-emarketplace.ohio.gov . If no sales occur, the Contractor must report zero. The report must be submitted no later than thirty (30) days following the completion of the reporting period.

The Contractor shall also submit a close-out report within one hundred and twenty (120) days after the expiration of this Contract. The Contract expires upon the physical completion of the last outstanding task or delivery order of the Contract. The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all contract sales and reconciled all errors and credits on the final quarterly report, then the Contractor should show zero “0” sales in the close-out report.

If the Contractor fails to submit sales reports, falsifies reports or fails to submit sales reports in a timely manner, DAS may terminate this Contract.

3.8 CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period. The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales reported. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may set off any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

3.9 FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first twelve (12) months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective thirty (30) calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

3.10 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.

3.11 TEMPORARY FUEL ADJUSTMENT

No request for a temporary fuel adjustment may be requested for the first six (6) months duration of the Contract. Thereafter, should a statewide or national increase in the cost of fuel occur, that is greater than https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment

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.

3.12 ADDITIONAL INSURANCE REQUIREMENTS

3.12.1 Automobile Liability insurance covering all owned, non-owned or hired vehicles, with a combined single limit of no less than $5,000,000. 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).

3.12.2 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 $2,000,000 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.

3.12.3 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 $5,000,000 each loss and $5,000,000 aggregate.

4 INVITATION TO BID INSTRUCTIONS

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

5 SPECIAL INSTRUCTIONS TO BIDDERS

5.1 SOLICITATION CONFERENCE

A solicitation conference will be held on 09/27/2023 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 10:00 am, bearing 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 Tom Nelson, tom.nelson@das.ohio.gov..

5.2 DOCUMENTATION:

The successful Bidder may be requested to provide the following materials as evidence of capability and compliance with the requirements of this Bid/Contract. The following documentation should demonstrate the contractual relationship with a fully licensed hazardous waste testing laboratory that possesses all necessary permits, issuance of a Federal EPA assigned identification number, and evidence that transportation procedures and disposal methods are in compliance as defined by Federal and State regulations, E.P.A, Ohio Revised Code and any other source recognized as a regulatory authority for the pickup/collection, transport, and disposal of defined waste materials.

The following is a list of documentation to be submitted within seven (7) calendar days after request/notification to do so, if requested by the DAS or the agency(s).

5.2.1 Federal E.P.A. Identification number for transportation, U.S. Department of Transportation

Registration Number.

https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWVhOGM5YTctNjIxNy00NDI1LWJjY2UtMjRlNTA2N2MwOWIx%40thread.v2/0?context=%7b%22Tid%22%3a%2250f8fcc4-94d8-4f07-84eb-36ed57c7c8a2%22%2c%22Oid%22%3a%220cce0a1c-d289-469b-86df-235f36d4c257%22%7d mailto:tom.nelson@das.ohio.gov

5.2.2 Written contract with an E.P.A. approved disposal facility or Federal E.P.A. Identification number for disposal to state licensed or permitted solid waste management facilities designed for solid non-hazardous waste, as compliant under 40 CFR, parts 257 and 258.

5.2.3 Copy of last audit or inspection (not to exceed one year old) by EPA and/or OSHA. All successful bidders must have satisfactory compliance with, but not limited to O.S.H.A, O.E.P.A federal programs Division.

5.2.4 Copies of all permits, licenses, and approvals necessary to perform the duties described herein.

5.2.5 Approved training program that complies with all O.S.H.A, O.E.P.A rules and regulations but not limited to. Hazardous Communication 1910 1200-Emergency Response, 1910.120 – Spill Response-Contingency Plan.

5.2.6 Copy of spill control procedures, which must meet all Federal, State and Local rules and regulations.

5.2.7 Provide the name, address and license number of the laboratory that will be conducting the waste stream analysis on behalf of the Contractor.

5.3 EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will award the contract by low lot total. The low lot total will be determined by adding each of the line items together to arrive at a total for all items.

5.3 CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by low lot total. The low lot total will be determined by adding each of the line items together to arrive at a total for all items. Failure to bid all items may result in the bidder being deemed not responsive.

6.0 AMENDMENTS*

6.1 SUMMARY OF AMENDMENTS

Amendment Number

Effective Date

Description

1 05/15/24

This amendment is issued to reflect the contract assignment from EQ Industrial Services, Inc. (0000309511) to EQ Industrial Services Inc, new supplier number (0000323561), and assign new contract number effective immediately. Previous contract number was RSI015962.

Additionally, this amendment is issued to add the summary of amendment page.

All other prices, terms and conditions remain unchanged.

*Denotes added Amendment section.